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Home My WebLink About09313 ORD - 04/02/1969• BJW:4 /2/69 • AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO ENTER INTO AN AGREEMENT WITH THE LAGUNA MADRE CORPORATION, ET AL, CONCERNING REIMBURSEMENT OF A PORTION OF THE COST FOR CONSTRUCTION OF A 12 -INCH DIAMETER WATER LINE BETWEEN THE NUECES COUNTY AND KLEBERG COUNTY LINE AND THE NORTH BOUNDARY LINE OF PADRE ISLAND NATIONAL SEASHORE, AND THE UNDERSTANDING OF THE PAR- TIES CONCERNING THE CITY'S OBLIGATION TO FURNISH WATER, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO ENTER INTO AN AGREEMENT WITH THE LAGUNA MADRE CORPORATION, ET AL, CONCERNING REIMBURSE- MENT OF A PORTION OF THE COST FOR CONSTRUCTION OF A 12 -INCH DIAMETER WATER LINE BETWEEN THE NUECES COUNTY AND KLEBERG COUNTY LINE AND THE NORTH BOUNDARY LINE OF PADRE ISLAND NATIONAL SEASHORE, AND THE UNDERSTANDING OF THE PARTIES CONCERNING THE CITY'S OBLIGATION TO FURNISH WATER, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY TO ENTER INTO THE AFORESAID AGREEMENT IN ORDER THAT THE PROJECT MAY CONTINUE WITHOUT DELAY CREATES A PUBLIC EMER- GENCY AND IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, AND HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE DAY OF APRIL, 1g6g. ATTEST' CITY ECRETAR� APPROVED: THE CITY OF CORPUS CHRISTI, TEXAS - ;:I,_ DAY OF APRIL, 1969: CITY ATTORNEY 931:1 ►�.��.. dL STATE OF TEXAS COUNTY OF NUECES THAT WHEREAS, the City of Corpus Christi and the United States Department of Interior, for the benefit of the National Park Service and in connection with its operation of Padre Island National Seashore, have entered into an agreement providing for the City of Corpus Christi to construct an eight -inch water line southward from the Nueces - Kleberg Counties line to the north boundary line of Padre Island National Seashore, such line to be constructed at the expense of the Federal Government; and WHEREAS, it has been agreed between the City of Corpus Christi and the Department of Interior to construct a line twelve- inches in diameter between the Nueces - Kleberg Counties line and the north line of the Padre Island National Seashore, provided the private property owners will contribute the excess cost of such line between an eight -inch diameter line and a twelve -inch diameter line, which cost has been determined by the City of Corpus Christi to be $65, 858.00; And WHEREAS, the undersigned private property owners abutting on said water line desire to be furnished with water available from such water line and are willing to pay the pro rata cost of such additionally sized pipeline, calculated in proration to the front footage of each private property owner's property abutting said water line; and WHEREAS, it is understood by and between the private property owners and the .City of Corpus Christi that the City of Corpus Christi has limited transmission capacity of water to the point of connection to such twelve -inch diameter line, at the Nueces - Kleberg Counties line, and that such limited capacity may in the future require an additional transmission line or lines to assure a water supply source to meet the capacity of such twelve -inch diameter water line, in which event the private property owners recognize that they may be required to partici- pate in the cost of the additionally required transmission line or lines to the Nueces- Kleberg Counties line; NOW, THEREFORE, in order to carry out the intention of the parties, the City of Corpus Christi, a municipal corporation, hereinafter called CITY and the undersigned property owners, hereinafter called PRIVATE OWNERS, enter into the following agreement: 1. At no time will the combined water take of all of said Private Owners between the Nueces- Kleberg Counties line and the north boundary line of Padre Island National Seashore exceed the carrying capacity of a pipe equivalent to the difference between a twelve -inch diameter pipe and an eight -inch diameter pipe at the average pressure maintained in the pipeline at the Nueces- Kleberg Counties line. 2. Private Owners understand that until additional transmission lines are Completed between the City principal source line and the inlet of the twelve -inch diameter water line, limited supplies of water will be available to the Private Owners, and this contract is made without representation by the City that at present an adequate supply of water is available to meet the capacity of the twelve -inch diameter line. 3. The City will provide. to Private Owners, at its regularly published charges, taps and meters at various locations along the twelve -inch diameter line, up to the limits provided in paragraph 1. 4. Upon the making of a contract between the City and a contractor for the construction of such line, the Private Owners will pay their proportionate share 'of each monthly estimate. of construction costs and to so assure the City, .Private Owners will'deposit within a bank in the City of Corpus Christi their estimated proportionate cost, which sum will be made available upon demand by the City. 5. Any water supplied to Private Owners will be paid for monthly by Private Owners, as measured through the City's standard tap and meter, which tap and meter shall remain the property of Private Owners and be governed by all of the rules and regulations of the Public Utility Department of the City. -2- City shall not be obligated to maintain any service lines beyond any meter so set. 6. In the event any Private Owner fails to pay his proportionate share of the cost of constructing the twelve -inch diameter water line, the remaining Private Owners may individually, or collectively, pay such share and the Private Owner failing to so pay his share shall not be permitted to tie on to the twelve -inch diameter water line until such non - participating Private Owner has repaid the Private Owners having advanced such payment, 200% of the sum advanced by the participating Private Owners, and the City agrees with the Private Owners that no such tap will be given.to any non - participating Private Owner. 7. In order to assure the City of its being paid the guaranteed sum of $65, 858. 00, the undersigned Private Owners agree jointly to forthwith deposit their estimated pro rata share plus their pro rata share of any non - participating Private Owner. For this purpose, Private Owners agree that the proportionate share to he contributed by each is as follows: Jones interests 42.928% Laguna Madre Corporation 42.928% Gilbert Kerlin 12.664% McCampbells 1.478°%% ` ATTEST: -- CITY SECRETARY APPROVED: DAY OF APRIL, 1969: _____C1TY_ATTORNEY JONES INTERESTS By David M. Coover LAGUNA MADRE CORPORATION By M. E. Allison, President MC CAMPBELL INTEREST By Atlee McCampbell Gilbert Kerlin CITY OF CORPUS CHRISTI BY R. MARVIN TOWNSEND, CITY MANAGER DIRECTOR OF FINANCE CORPUS CHRISTI, TEXAS � 'i KK I`AY OF l —L/,� � , j9! y TO THE MENIBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFORE, REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE; JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY, JR. P. JIMENEZ, JR., M.D. GABE LOZANO, SR. KEN MCDANIEL W. J. "WRANGLER" ROOERTS THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE; JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY, JR. P. JIMENEZ, JR., M.D. GABE LOZANO, SR. KEN M6DANIEL CE— f�cQv� W. J. "WRANGLER" ROBERTS