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HomeMy WebLinkAbout09673 ORD - 03/11/1970YMP:3 /k/70 AN 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 OPERATION AND MAINTENANCE OF TWO SEWAGE TREATMENT PLANTS, FOR A TERM OF TWO YEARS, FOR THE ACTUAL COST OF OPERATION, ESTIMATED TO BE $500.00 PER MONTH, 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 EXECUTE AN AGREEMENT WITH PADRE ISLAND INVESTMENT CORPORATION FOR OPERATION AND MAINTENANCE OF TWO SEWAGE TREATMENT PLANTS, FOR A TERM OF TWO YEARS, FOR THE ACTUAL COST OF OPERATION, ESTIMATED TO BE $500.00 PER MONTH, AND BILL AND COLLECT REVENUES, 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 AT THE EARLIEST PRACTICABLE DATE CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDI■ NANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEET INGS 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 EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE / %UC bAY of MARCH, 1970. ATTEST: CITY ECRETA•Y APPROVED: DAY OF MARCH, 1970: CITY ATTO t E 9673 a.wv✓ Xao,A4/ E CITY OF CORPUS CHRISTI, TEXAS . VMPS3/4/70 AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND PADRE ISLAND INVESTMENT CORPORATION WHEREAS, THE PADRE ISLAND INVESTMENT CORPORATION DESIRES AT SOME FUTURE DATE TO ENTER INTO A CONTRACT WITH THE CITY OF CORPUS CHRISTI WHEREIN THE CITY WILL OPERATE AND MAINTAIN ALL SEWAGE TREATMENT PLANTS, AND SANITARY SEWER TRUNK MAINS, AND LATERAL LINES WEIGH HAVE BEEN CONSTRUCTED BY THE CORPORATION TO SERVE THE SUBDIVISIONS DEVELOPED BY THE CORPORATION; AND WHEREAS, THE SUBDIVISIONS TO BE SERVED AND THE TREATMENT AND COLLEC- TION FACILITIES ARE OUTSIDE THE CITY LIMITS OF THE CITY OF CORPUS CHRISTI; AND NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT THE CITY OF CORPUS CHRISTI, A MUNICIPAL CORPORATION, ACTING HEREIN BY AND THROUGH ITS DULY AUTHORIZED CITY MANAGER, HEREINAFTER CALLED "CITY", AND PADRE ISLAND INVESTMENT CORPORATION, HEREINAFTER CALLED "CORPORATION", FOR AND IN CON- SIDERATION OF THE PREMISES, HAVE AGREED AND SY THESE PRESENTS DO AGREE AS FOLLOWS; IT 1S AGREED THAT THE CITY WILL OPERATE AND MAINTAIN THE TWO SEWAGE TREATMENT PLANTS CONSTRUCTED BY THE CORPORATION AND LOCATED AS SHOWN ON EXHIBIT "A" FOR A PERIOD OF TIME NOT TO EXCEED TWO YEARS FROM THE DATE OF THIS AGREEMENT, THAT THE CORPORATION WILL REIMBURSE THE CITY OF CORPUS CHRISTI ON A MONTHLY BASIS FOR ALL COSTS OF THIS OPERATION WHICH IS ESTIMATED TO BE $500.00 PER MONTH, THAT.THE CORPORATION WILL MAKE OR REIMBURSE THE CITY FOR ANY REPAIRS, OR CORRECTIONS THAT MAY BECOME NECESSARY TO PROPERLY COLLECT, TREAT AND DISCHARGE THE SEWAGE COMING INTO THE PLANTS. II IT 1S FURTHER AGREED THAT SHOULD THE PLANTS BECOME INOPERABLE FOR ANY REASON, THE CORPORATION WILL ASSUME RESPONSIBILITY FOR THE COLLECTION AND HAULING OF THE SEWAGE TO A PLANT CAPABLE OF PROPERLY TREATING THE SEWAGE. III THE CORPORATION WILL, AT TIME OF EXECUTION OF THIS AGREEMENT, FUR- NISH THE CITY A CURRENT LIST OF CUSTOMERS AND KEEP SUCH LIST CURRENT. THE CITY WILL ON A MONTHLY BASIS, AT THE SAME TIME AS THE CITY BILLS FOR WATER USED, BILL AND COLLECT FOR SEWAGE. THE REVENUES FROM THE CUSTOMERS USING THE SEWAGE SYSTEM AND SO BILLED WILL BE REMITTED TO CORPORATION, LESS TEN PERCENT (1O %)TO DEFRAY BILLING AND COLLECTION COSTS OF THE CITY, INCLUDING DELINQUENCIES UNCOLLECTED. BILLING RATES WILL BE AT THE CITY OF CORPUS CHRISTI "OUTSIDE CITY LIMITS" RATES. THE REMITTANCE EACH MONTH BY THE CITY WILL BE MADE ON OR BEFORE THE 10TH DAY OF EACH CALENDAR MONTH. NO ITEMIZED STATEMENT OF BILLING OR COLLECTION WILL BE FURNISHED BY CITY, BUT CORPORATION WILL HAVE THE RIGHT TO EXAMINE CITY RECORDS PERTAINING TO SAID BILLING AND COLLECTION AT REASONABLE TIMES. IV THE CORPORATION WILL PROVIDE THE CITY WITH A CERTIFICATE OF INSUR- ANCE FOR THIRD PARTY LIABILITY WITH MINIMUM LIMITS OF $100,000 EACH PERSON, $300,000 EACH ACCIDENT FOR BODILY INJURY, AND $100,000 PROPERTY DAMAGE AND FURTHER AGREES TO SAVE AND KEEP HARMLESS THE CITY FOR ANY AND ALL CLAIMS THAT MIGHT BE ADJUDICATED AGAINST THE CITY BY REASON OF THE OPERATION AND MAINTENANCE OF THE CORPORATION'S TREATMENT PLANTS. v THE CORPORATION WILL PROVIDE THE CITY WITH A WAIVER.OF SUBROGATION ENDORSEMENT ON ANY INSURANCE POLICIES THE CORPORATION MAY OBTAIN CONCERNING FIRE AND EXTENDED COVERAGE ON THE SEWAGE TREATMENT PLANTS. VI THIS AGREEMENT MAY BE TERMINATED UPON A 30 -DAY WRITTEN NOTICE BY EITHER PARTY. AFTER THE EXPIRATION OF THE TERM HEREOF, THIS AGREEMENT SHALL EXTEND FROM MONTH TO MONTH UNTIL TERMINATED BY NOTICE OF ONE OF THE PARTIES OR SOME NEW AGREEMENT ENTERED. EXECUTED IN DUPLICATE AS OF MARCH 1, 1970. ATTEST: CITY OF CORPUS CHRISTI CITY SECRETARY .APPROVED: DAY OF MARCH, 1970: CITY ATTORNEY SECRETARY BY R. MARVIN TOWNSEND CITY MANAGER PADRE ISLAND INVESTMENT CORPORATION BY PRESIDENT Corpus Christi, Texas /if day of /a.< ,- , 19 7 6 TO THE MEMBERS OF TIE 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, YOR 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. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore