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HomeMy WebLinkAbout09520 ORD - 10/15/1969AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO ENTER INTO AN AGREEMENT WITH PADRE ISLAND INVESTMENT CORPORATION FOR THE INSTALLATION OF GAS STREET LIGHTS ON AND ALONG STREETS IN THE SUBDIVISION DEVELOPMENT BEING CONDUCTED BY THE PADRE ISLAND INVESTMENT CORPORATION ON PADRE ISLAND, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; ANQ 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, 1 TO ENTER INTO AN AGREEMENT WITH PADRE ISLAND INVESTMENT CORPORATION FOR THE INSTALLATION OF GAS STREET LIGHTS ON AND ALONG STREETS IN THE SUBDIVISION DEVELOPMENT BEING CONDUCTED BY THE PADRE ISLAND INVESTMENT CORPORATION ON PADRE ISLAND, 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 REDUCE TO WRITING THE AGREEMENT BETWEEN THE CITY AND PADRE ISLAND INVESTMENT CORPORATION CONCERNING INSTALLATION OF GAS STREET LIGHTS CREATES A PUBLIC EMERGENCY AND AN 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 THAT SUCH EMERGENCY AND NECESSITY 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 EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE /S4 DAY Cl OCTOBER, 1969. ATTEST CITY SEC E AR M 0 THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: .5_DAY OF 0 OBE,Ryp,=- ;+g- -6-g -- CITY ATTO NEY U 9520 B.Iw:10/t5/69. THE STATE OF TEXAS COUNTY OF NUECES WHEREAS, THE CITY OF CORPUS CHRISTI IS THE OPERATOR OF A GAS UTILITY SYSTEM AND IS AGREEABLE TO INSTALLATION OF GAS STREET LIGHTS ON AND ALONG THE STREETS IN THE SUBDIVISION DEVELOPMENT BEING CONDUCTED BY THE PADRE ISLAND INVESTMENT CORPORATION, AND THE PADRE ISLAND INVESTMENT CORPORATION DESIRES TO HAVE SUCH STREET LIGHTS ESTABLISHED AND A SPECIAL RATE APPLICABLE THERETO: WITNESSETH: 1. THE CITY OF CORPUS CHRISTI, HEREINAFTER CALLED "CITY" DOES HEREBY CONTRACT WITH PADRE ISLAND INVESTMENT CORPORATION, HEREINAFTER CALLED "PADRE!', FOR THE INSTALLATION AND OPERATION, MAINTENANCE AND REPAIR OF GAS STREET LIGHTS IN THE SUBDIVISION DEVELOPMENT BEING CONDUCTED BY PADRE ON PADRE ISLAND ON THE FOLLOWING TERMS: A. CITY WILL INSTALL GAS STREET LIGHTS AT THE LOCATIONS REQUESTED BY PADRE WHEREVER GAS DISTRIBUTION MAINS ARE AVAILABLE. B. THE TYPE OF LIGHTS TO BE INSTALLED ARE AS FOLLOWS: 3- MANTLE MOONGLOW SAN ANTONIAN, WOODEN POST - KOPPERS APOLLO 14. C. SUCH INSTALLATION WILL BE AT THE PRICE OF X83.00 PER LIGHT, TO BE PAID UPON BILLING FOLLOWING INSTALLATION. THIS PRICE IS BASED ON COST OF MATERIALS AT THE DATE OF EXECUTION OF THIS CONTRACT AND ANY INCREASE IN COST OF MATERIALS WILL BE BORNE BY PADRE. CITY WILL SERVICE AND MAINTAIN SAID LIGHTS AND FURNISH THE GAS FOR THE SAME AT THE RATE OFI$1.90 PER MONTH, PAYABLE MONTHLY AS BILLED. SUCH MAINTENANCE AND OPERATION COSTS ARE IN ADDITION TO INSTALLATION COSTS. THE MAINTENANCE AND OPERATIONS INCLUDE REPLACING OF GLASS, MANTLES AND OTHER OPERATIONAL PARTS DUE TO NATURAL DETERIORATION OR WEAR. ANY DAMAGE DUE TO MISSILES OR COLLISION OR PARTS REPLACEMENT DUE TO DAMAGE WILL BE AT THE COST OF PADRE. DAMAGE FROM RISING WATER OR HIGH WIND WILL BE AT THE COST OF PADRE. D. THIS AGREEMENT SHALL CONTINUE FOR A TERM OF FIVE (5) YEARS FROM THE DATE HEREOF. IN THE EVENT PADRE DESIRES TO CHANGE A LIGHT FROM ONE LOCATION TO ANOTHER, SUCH CHANGE OF LOCATION WILL BE DONE BY THE CITY AT A COST TO PADRE OF $15.00. PADRE SHALL HAVE THE OPTION OF CANCELLING THIS CONTRACT AT ANY TIME BY GIVING THIRTY -DAYS WRITTEN NOTICE. E. UPON CANCELLATION, ALL INSTALLATIONS WILL BE THE PROPERTY OF THE CITY. IN THE EVENT OF ANNEXATION TO THE CITY OF CORPUS CHRISTI, THE INSTALLATION WILL BECOME THE PROPERTY OF THE CITY AND THE CITY WILL HAVE ALL REPLACEMENT RESPONS181LITY WITH NO FURTHER CHARGE TO PADRE FOR SERVICE OR OPERATION OR MAINTENANCE, AND THIS CONTRACT WILL BE AUTOMATICALLY TERMINATED WITNESS OUR HANDS IN DUPLICATE, EACH OF WHICH SHALL BE CONSIDERED AS AN ORIGINAL, THIS THE DAY OF OCTOBER, 1969, ATTEST: CITY SECRETARY APPROVED: DAY OF OCTOBER, ig6g: CITY ATTORNEY ATTEST: SECRETARY CITY OF CORPUS CHRISTI BY R. MARVIN TOWNSEND CITY MANAGER PADRE ISLAND INVESTMENT CORPORATION BY PRESIDENT N Corpus Christi, Texas �jday of 4 /"� , 1%r TO THE MEMBERS 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, IAYOR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jack R. Blackmon �' . Gabe Lozano, Sr. V. A. "Dick'Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore The above ordinance was passed by the following vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr. 021� Eduardo E. de Ases A, Ken McDaniel W. J. ','Wrangler" Roberts 0 Ronnie Sizemore Y.