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HomeMy WebLinkAbout09942 ORD - 09/30/1970JKH:9 -15 -70 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH PADRE ISLAND INVESTMENT CORPORATION FOR THE SUPPLYING OF WATER TO ALL SUBDIVISIONS DEVELOPED OR TO BE DEVELOPED BY THE SAID PADRE ISLAND INVESTMENT CORPORATION, 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 TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, AN AGREEMENT WITH PADRE ISLAND INVESTMENT CORPORATION FOR THE SUPPLYING OF WATER TO ALL SUBDIVISIONS DEVELOPED OR TO BE DEVELOPED BY THE SAID PADRE ISLAND INVESTMENT CORPORATION, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. 6 SECTION Z. THE NECESSITY TO ENTER INTO THE AFORESAID AGREEMENT AT THE EARLIEST PRACTICABLE DATE IN ORDER THAT THE IMPROVEMENTS MAY BE COMMENCED WITHOUT DELAY 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 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 INTRO- DUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE,3lvlt_ DAY OF SEPTEMBER, 1970. ATTEST: CITY /SECRET RY / APPROVED: DAY OF S PTEMB , 1970: i /"C IT ATTORN A THE CITY OF CORPUS CHRISTI, TEXAS 9942 9/21/70 • THE STATE OF TEXAS y BE IT REMEMBERED: COUNTY OF NUECES THAT THIS AGREEMENT, MADE AND ENTERED INTO BY AND BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS, A HOME RULE MUNICIPAL CORPORATION AND BODY POLITIC UNDER THE LAWS OF THE STATE OF TEXAS, HEREIN CALLED CITY, AND PADRE ISLAND INVESTMENT CORPORATION, A TEXAS CORPORATION, HEREIN CALLED PADRE, FOR AND IN CONSIDERATION OF THE COVENANTS AND UNDERTAKINGS HEREIN- AFTER EXPRESSED, AGREE AS FOLLOWS: I PADRE HAS SUBMITTED, OR WILL SUBMIT, TO THE AUTHORIZED REPRE- SENTATIVES OF CITY PLATS OF SUBDIVISIONS ON PADRE ISLAND (HEREIN SOMETIMES CALLED "SUBDIVISION") AND PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF IMPROVEMENTS IN SAID SUBDIVISIONS. SAID SUBDIVISIONS, PLATTED OR PROPOSED TO BE PLATTED, ARE AS FOLLOWS: C, PADRE ISLAND - CORPUS CHRISTI, SECTION 2, COMMERCIAL AREA, CALCULATED LOTS AND -A REPLAT OF BLOCK 72A AND A PORTION TOTAL 20 . OF BLOCK 72, AND AN ADDITIONAL REPLAT OF SECTION D, BLOCK 72, LOTS 39A, 141A.& 43A COMMERCIAL AREA, CALCULATED RESIDENTIAL,LOTS TOTAL 231 PADRE ISLAND- CORPUS CHRISTI, SECTION 3 PADRE ISLAND- CORPUS. CHRISTI, RESIDENTIAL LOTS 150 COMMERCIAL AREA, CALCULATED LOTS 1 • _ TOTAL 1 7 p1' NOTE: BLOCK 84A - PARK AREA 233 PADRE ISLAND- CORPUS CHRISTI, SECTION 11, 1, 641 RESIDENTIAL LOTS COMMERCIAL AREA, CALCULATED LOTS TOTAL bbb PADRE ISLAND- CORPUS CHRISTI, SECTION A, 'AND A REPLAT OF BLOCK 415 TRACTS Al, A2, B1 & B2 RESIDENTIAL LOTS Q v1 COMMERCIAL AREA, CALCULATED LOTS ' TOTAL 127 PADRE ISLAND- CORPUS CHRISTI, SECTION B, 2 COMMERCIAL AREA, CALCULATED LOTS TOTAL , PADRE ISLAND- CORPUS CHRISTI, SECTION C, COMMERCIAL AREA, CALCULATED LOTS TOTAL 20 . PADRE ISLAND- CORPUS CHRISTI, SECTION D, COMMERCIAL AREA, CALCULATED LOTS TOTAL 51 PADRE ISLAND- CORPUS. CHRISTI, BAY, UNIT #1 ' RESIDENTIAL LOTS TOTAL 233 • PADRE I SLAI'ID- CORPUS CHRISTI BARATARIA BAY, UNI T 12„ NOTE: LOTS 1, 2, 38 & 39, BLOCK 5 AND AN . AREA DESIGNATED AS "WATER ACCESS AREA" PARK AREA TOTAL PADRE .ISLAND- CORPUS CHRISTI, BARATARIA BAY, UNIT 7,3 RESIDENTIAL LOTS TOTAL NOTE: LOT 11, BLOCK 714 - PARK AREA PADRE ISLAND- CORPUS CHRISTI BARATARIA BAY, UNIT ' RESIDENTIAL LOTS TOTAL PADRE ISLAND - CORPUS CHRISTI, BARATARIA BAY, UNIT RESIDENTIAL LOTS TOTAL PADRE ISLAND - CORPUS CHRISTI SEA PINES UNIT r1 RESIDENTIAL LOTS TOTAL PADRE ISLAND-CORPUS CHRISTI, POINT T SORO, UN I T ill RESIDENTIAL LOTS TOTAL NCTE: LOT A, BLOCK I - PARK AREA PADRE ISLAND- CORPUS CHRISTI POINT TESORO, UNIT ir2 RESIDENTIAL LOTS TOTAL PADRE ISLAND- CORPUS CHRISTI POINT RESIDENTIAL LOTS TOTAL NOTE: LOT 85, BLOCK 1, LOT 20, BLOCK 18 - PARK AREA PADRE ISLAND- CORPUS CHRISTI POINT TE SORO, UN I T i F RESIDENTIAL LOTS TOTAL NOTE: LOT 10, BLOCK 20 & LOT 16, BLOCK 32 - PARK AREA t SUBTOTAL 1955 274 120 221E 222 236 155 164 614 3,723 PADRE ISLAND- CORPUS CHRISTI CAPE SUWER, UNIT 1 RESIDENTIAL LOTS TOTAL 935 NOTE: LOT 8, BLOCK 15 & LOT A, BLOCK 17 - PARK AREA PADRE ISLAND - CORPUS CHRISTI, CAPE SUMAFR, UNIT #2 RESIDENTIAL LOTS 1,1110 COMMERCIAL AREA5, CALCULATED -LOTS 75 GOLF COURSE EQUIVALENT ( FEN (10) LOTS 10 TOTAL 5. II PADRE AGREES TO CONSTRUCT OR CAUSE TO BE CONSTRUCTED, AT NO .. EXPENSE TO CITY, PRIOR TO OR CONTEMPORANEOUSLY WITH THE - COMMENCEMENT -2- • • • OF THE CONSTRUCTION OF IMPROVEMENTS IN EACH OF SAID SUBDIVISIONS, A WATER LINE OF ADEQUATE SIZE TO SERVE THE REASONABLY PROJECTED NEEDS OF SUCH SUBDIVISION IN ITS FULL DEVELOPMENTS AS REFLECTED BY THE CITY- APPROVED PLAT, PLANS AND SPECIFICATIONS FOR SUCH SUBDIVISION, THE DETERMINATION BY CITY AS TO WATER LINE ADEQUACY AND THE NATURE, SCOPE AND VOLUME OF REASON- ABLY PROJECTED NEEDS FOR FULL DEVELOPMENT OF A PARTICULAR SUBDIVISION SHALL BE FINAL AND CONCLUSIVE. PADRE AGREES THAT, AS A CONDITION PRECEDENT TO THE SUPPLY OF WATER BY CITY TO PADRE, IT SHALL DEDICATE TO CITY AS CITY'S SOLELY OWNED PROPERTY, FREE OF ALL ENCUMBRANCES ALL WATER TRANSMISSION LINES, INCLUDING MAINS LATERALS, SERVICE,, LINES, PUMPS AND RELATED EQUIPMENT, AND INCLUDING BUT NOT LIMITED TO THE 400;000- GALLON GROUND STORAGE TANK AND 1300- GALLON PER - MINUTE PUMPING STATION BUILT BY PADRE, AND ALL WATER STORAGE FACILITIES CONSTRUCTED OR PURCHASED BY PADRE. EQUIPMENT AND FACILITIES SUBJECT TO SUCH DEDICATION SHALL INCLUDE SUCH AS ARE CONSTRUCTED AND PURCHASED BY PADRE AFTER THE DATE OF THIS AGREEMENT. IT IS UNDERSTOOD THAT ALL WATER TRANS- MISSION AND STORAGE FACILITIES HERETOFORE PLANNED TO BE WITHIN THE AREA CONTAINED IN THE PADRE MASTER DEVELOPMENT PLAN REMAIN THE OBLIGATION OF PADRE AND ARE NOT HEREBY ASSUMED BY CITY. IV CITY AGREES THAT, UPON COMPLETION BY PADRE OF THE CONSTRUCTION OF WATER LINES TO SERVE EACH SUCH SUBDIVISION, IT WILL DELIVER THROUGH SUCH LINES OR OTHER LINES CITY AT ITS OPTION MAY INSTALL, TO THE LOTS AND AREAS ABOVE LISTED IN SECTION 1 OF THIS AGREEMENTS A SUPPLY OF FRESH, POTABLE WATER FOR CUSTOMERS SITUATED THEREON AT THE THEN PUBLISHED CITY WATER RATES AND UPON THE TERMS AND CONDITIONS, APPLICABLE TO CITY WATER SALES, AS AMENDED FROM TIME TO TIME BY THE CITY. V CITY WILL CONSTRUCT AND INSTALL A TWENTY -FOUR (24) INCH FRESH WATER TRANSMISSION MAIN FROM ITS FACILITIES LOCATED AT FLOUR BLUFF, ACROSS THE LAGUNA MADRE, TO A POINT ON THE EASTERLY BOUNDARY OF THE INTRACOASTAL WATERWAYS SUCH CONSTRUCTION TO BE COMMENCED ON OR BEFORE JANUARY 1, 1971• PADRE SHALL PAY TO THE CITY TO MEET PADRES FINANCIAL PARTICIPATION COMMIT- MENT IN THE CONSTRUCTION OF SAID LINE NEGOTIABLE CURRENT FUNDS IN THE SUM OF $207,733.93 DRAWABLE BY THE CITY FOR APPLICATION TO SAID CONSTRUCTION CONTRACT PAYMENTS AND ENGINEERING AND OTHER PAYMENTS AS THE CITY'S OOLIGA- TIONS FOR SUCH PAYMENTS ARE SCHEDULED BY CITY'S CONTRACTS FOR PERFORMANCE OF THIS WORK. PADRE SHALL LIKEWISE PARTICIPATE IN DEFRAYING AGREED CHANGE ORDER AND CONTINGENCY COSTS ON THE SAID FLOUR BLUFF LINE IN THE AMOUNT OF 5p THEREOF AND ON THE SAID LAGUNA MADRE CROSSING IN THE AMOUNT OF 24% THERE- OF. THE BALANCE, IF ANY, OF THE STATED SUM OF $207,733.93, AFTER ALL SAID SCHEDULED CONTRACT (PARTIAL) PAYMENTS -HAVE BEEN MADE, SHALL BE ORAWABLE BY CITY FOR THE COMPLETION OF WORK UNDER SAID CONSTRUCTION CONTRACT. ► +n PADRE WILL, AT ITS SOLE COST AND EXPENSE, CONSTRUCT AND INSTALL A TWENTY -FOUR (24) INCH FRESH WATER TRANSMISSION LINE FROM THE TERMINAL POINT OF THE LINE DESCRIBED IN PARAGRAPH V ABOVE TO AN EXISTING EIGHTEEN (t U) INCH WATER MAIN LOCATED ON PADRE ISLAND, NUECES COUNTY, TEXAS, AT LOT 11, BLOCK 30, PADRE ISLAND NO. 1 AND PADRE ISLAND-DRIVE. SUCH LINE SHALL BE CONSTRUCTED IN COMPLIANCE WITH THE CURRENT CITY OF CORPUS CHRISTI DEPARTMENT OF PUBLIC WORKS FRESH WATER MAIN STANDARDS AND SPECIFICATIONS. VI I THOSE PORTIONS OF ALL PREVIOUS AGREEMENTS BETWEEN CITY AND PADRE INSOFAR AND ONLY INSOFAR AS THEY RELATE TO THE FURNISHING AND SUPPLY (INCLUDING THE INSTRUMENTATION THEREFOR) OF FRESH WATER TO PADRE AND ITS SUBDIVISIONS, INCLUDING BUT NOT LIMITED TO THOSE LOTS, AREAS, AND SUBDIVI- SIONS LISTED IN SECTION 1 ABOVE, AND INCLUDING BUT NOT LIMITED TO THE JANUARY 5, 1968 AGREEMENT, COPY MARKED EXHIBIT "A" ANNEXED HERETO, ARE SUPERSEDED BY THIS AGREEMENT. VIII THIS AGREEMENT SHALL BE BINDING UPON THE PARTIES HERETO, THEIR SUCCESSORS AND ASSIGNS, AND MAY BE SPECIFICALLY ENFORCED BY EITHER PARTY, ITS 'SUCCESSORS OR ASSIGNS, AND ALL BARGAINS AND UNDERSTANDINGS OF THE PARTIES, RELATIVE TO THE SUUJECT MATTER OF THIS AGREEMENT, ARE I4ERGED HEREIN. ATTEST: CITY OF CORPUS CHRISTI, TEXAS _ BY CITY SECRETARY R. MARVIH TOWNSEND, CITY MANAGER APPROVED: _30�°-DAY OF� , 1970: ITY ATTORNEY PADRE ISLAND INVESTMENT CORPORATION ATTEST: BY THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED R. MARVIN T04NSEND3 CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION, KNOWN TO ME TO BE THE PERSON AND OFFICER WHOSE'NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME AS THE ACT AND DEED OF SAID CITY OF CORPUS CHRISTI FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF 1970• NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED , OF THE PADRE ISLAND INVESTMENT CORPORATION, KNOWN TO ME TO BE THE PERSON AND OFFICER WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT THE SAME WAS THE ACT OF THE SAID PADRE ISLAND INVESTMENT CORPORATION, A CORPORATION, AND THAT HE EXECUTED THE SAME AS THE ACT OF SUCH CORPORATION FOR THE PURPOSES AND CONSIDERATION THEREIN STATED, AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF , 1970. NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS BJW:113168 • AGREEMENT THE CITY OF CORPUS CHRISTI TEXAS, HEREINAFTER CALLED °CITY"S AND PADRE ISLAND INVESTMENT CORPORATIONS A TEXAS CORPORAT ION, 'HERE INAFTER CALLED '"PADRE, HEREBY AGREE AS FOLLOWS: 1. PADRE AGREES TO FURNISH AND INSTALL ONE TANK FOR THE STORAGE OF WATER HAVING -A CAPACITY OF NOT IN EXCESS OF 900i000 GALLONS AT Q LOCATION ON PADRES PROPERTY AGREEABLE TO CITY, TOGETHER WITH THE PUMPS AND PIPING NECESSARY TO PUMP THE WATER OUT OF SUCH TANK. PADRE AGREES TO COMPLETE SUCH INSTALLATION ACCORDING TO PLANS AND SPECIFICATIONS APPROVED BY CITY ON OR BEFORE THE COMPLETION OF THk SUBDIVISION IMPROVEMENTS FOR SECTIONS NOS. T AND 3 OF PADRE ISLAND - CORPUS CHRISTI. 2. THE CITY AGREES TO CONNECT SUCH TANKS PUMPS AND PIPING TO THE WATER LINES OF THE CITY AND/OR PADRES AS SET FORTH ON THE ATTACHED PLAT AND TO OPERATE SUCH PUMPS AND STORAGE FACILITIES AT THE CITY'S EXPENSE. 3. CITY AGREES TO SELL.TO PADRE DIRECTLY OR TO THE RESIDENTS OF PADRE ISLAND - CORPUS CHRISTI SECTIONS NOS. Z AND 3, AS PADRE MAY ELECT SUCH WATER AS MAY BE REQUIRED THEREFOR. SUCH WATER SHALL BE FURNISHED BY THE CITY AT THE RATES PRESCRIBED BY CITY ORDINANCE FOR ALL PROPERTIES SITUATED SIMILARLY TO THOSE BEING SERVED UNDER THE TERMS OF THIS AGREEMENT. 4. IT IS UNDERSTOOD THAT THIS AGREEMENT IS AN INTERIM ARRANGE- MENT BETWEEN THE CITY AND PADRE AND THAT THE CITY DOES NOT HEREBY COMMIT ITSELF TO PROVIDE WATER BEYOND THE THREE YEAR PERIOD OF THIS CONTRACT NOR TO SUPPLY WATER NEEDED FOR ADDITIONAL SECTIONS OR UNITS OF PADRE ISLAND - CORPUS CHRISTI. 5. AT SUCH TINE AS THE CITY DETERMINES THAT THE ADDITIONAL CAPACITY PROVIDED BY THE TANK AND PUMP FACILITIES DESCRIBED IN PARAGRAPH 1 ARE BEING FULLY.UTILIZED BY CUSTOMERS WHO HAVE ACQUIRED THEIR PROPERTY FROM PADRE THEN THE CITY WILL NOTIFY PADRE THAT NO- ADDITIONAL WATER TAPS WILL BE ALLOWED WITHOUT ADDITIONAL ARRANGEMENTS BETWEEN THE CITY AND PADRE OUTSIDE THE SCOPE OF THIS AGREEMENT. G. PADRE SHALL BEAR ALL RISK OF LOSS OR DAMAGE TO SUCH TANK AND PUMP FACILITIES AND THE RISK OF LOSS OR DAMAGE TO PERSONS OR PROPERTY GROW- ING OUT or THE OPERATION OF SUCH FACILITIES EXCEPT FOR ANY SUCH LOSS OR DAMAGE CAUSED OR CONTRIBUTED TO BY THE NEGLIGENCE OF THE CITY'S EMPLOYEES OR AGENTS] WHICH SHALL BE BORNE BY THE CITY. r 7. AT THE EXPIRATION OF THIS AGREEMENT, THE CITY SHALL RETURN SUCH TANK AND PUMP FACILITIES TO PADRE IN THEIR PRESENT CONDITION, EXCEPT AS SUCH CONDITION MAY BE AFFECTED BY ORDINARY WEAR AND TEAR-CONSIDERING UNUSUAL CLIMATIC CONDITIONS OF THE SITE, AND BY NATURAL CALAMITY. 8. IT IS UNDERSTOOD.AND AGREED THAT THE FACILITIES MENTIONED IN PARAGRAPH 1 ABOVE, TOGETHER WITH ANY ADDITIONAL TANKS, PUMPS, PIPING OR WATER DISTRIBUTION SYSTEM/ SHALL REMAIN THE PROPERTY OF PADRE; HOWEVER, THE CITY DOES NOT WAIVE ITS RIGHTS TO DEMAND THE DEDICATION OF SUCH FACILITIES IN THE FUTURE, IN ACCORDANCE WITH ITS ORDINANCES. IN ADDITION, IT IS CLEARLY UNDER- STOOD AND AGREED THAT THE CITY HAS NOT AND DOES NOT BY THIS AGREEMENT WAIVE THE DEDICATION REQUIREMENTS OF PLATTING ORDINANCE NO. 4165, AS AMENDED, AND PADRE HAS NOT AND DOES NOT BY THIS AGREEMENT DEDICATE TO THE CITY OF TO THE PUBLIC ANY OF THE WATER STORAGE AND PUMPING FACILITIES, OR DISTRIBUTION FACILITIES, FURNISHED UNDER THE TERMS OF THIS AGREEMENT, AND, UPON THE EXPIRA- TION OF THIS AGREEMENT, THE PARTIES WILL REMAIN IN STATUS QUO AS OF JANUARY 1, 1965, AS IF THIS AGREEMENT HAD NEVER EXISTED. 9. THIS AGREEMENT SHALL TERMINATE AND EXPIRE THREE iii YEARS FROM THE DATE HEREOF. DATED JANUARY r ' 1968. CITY OF CORPUS CHRISTI, TEXAS ATTEST: o 4` / ?/y SECIIETARV APP WD AS TO LEGAL FORM THIS DAY OF JANUARY, 1965: CIT . TTORNEY PADRE ISLAND INVESTMENT CORPORATION BEN D. MARKS, PRESIDENT ATTEST: SECRETARY Corpus Christi, Tee s 4 VA, day of , Z9 %4 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, 0 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