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Home My WebLink About10169 ORD - 03/17/1971JKH:3 -16 -71 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, MARKED EXHIBIT "A ", AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. WHEREAS, BY INSTRUMENT DATED SEPTEMBER 30, 1970, PADRE ENTERED INTO AN AGREEMENT WITH THE CITY OF CORPUS CHRISTI, TEXAS, A HOME RULE MUNICIPAL CORPORATION AND BODY POLITIC UNDER THE LAWS OF THE STATE OF TEXAS, PROVIDING FOR A SUPPLY OF FRESH WATER TO AND FOR THE BENEFIT OF 5,853 LOTS OUT OF THE PROPERTY KNOWN AS THE "PADRE ISLAND- CORPUS CHRISTI PROJECT ", BEING DEVELOPED • BY PADRE ISLAND INVESTMENT CORPORATION, WHICH LOTS ARE DESCRIBED IN THE AFORESAID AGREEMENT OF SEPTEMBER 30, 1970; AND WHEREAS, THE PURPOSE OF THE HEREINAFTER DESCRIBED AGREEMENT IS TO ARRANGE FOR THE TIMELY INSTALLATION OF ADDITIONAL FACILITIES TO PROVIDE AN ADEQUATE SUPPLY OF FRESH WATER TO THE REt1AINING PORTION OF THE PROJECT (PROJECTED TO CONTAIN APPROXIMATELY 3,465 LOTS), REFERRED TO AS "SECOND PHASE LOTS ", AS SUCH SECOND PHASE LOTS ARE PLATTED AND DEVELOPED: .. NOW, THEREFORE, 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 SUB- DIVISIONS 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, MARKED EXHIBIT "A ", IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. 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 INTRODUCTION AND x..9169 AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE/-7 Vi, DAY OF M ))RCH, 1971. ATTEST: 1 9_ L CITY SECRETARY MAYOR ic/ THE CITY OF �UCHRISTI, TEXAS APPROVED: DAY OF MARCH, 1 71: r CIT ATTORNEY WATER AGREEMENT THE STATE OF TEXAS Q COUNTY OF NUECES WHEREAS, PADRE ISLAND INVESTMENT CORPORATION, A TEXAS CORPORATION, HEREINAFTER CALLED "PADRE ", IS THE OWNER AND DEVELOPER OF APPROXIMATELY 11,000 ACRES OF LAND SITUATED ON PADRE ISLAND, NUECES COUNTY, TEXAS, LYING BETWEEN THE NUECES- KLEBERG COUNTY LINE ON THE SOUTH, AND JONES- WILSON BOUNDARY LINE ESTABLISHED BY INSTRUMENT DATED JUNE 21, 1961•, RECORDED IN VOLUME 528, PAGE 312, DEED RECORDS OF NUECES COUNTY, TEXAS, ON THE NORTH, WHICH PROPERTY IS KNOWN AS THE � �PADRE.ISL,AND- CORPUS CHRISTI PROJECT", AND IS HEREINAFTER REFERRED TO SIMPLY AS "THE PROJECT "; AND' WHEREAS, BY INSTRUMENT DATED SEPTEMBER 30, 1970, PADRE ENTERED INTO AN AGREEMENT WITH THE CITY OF CORPUS CHRISTI, TEXAS, A HOME RULE MUNICIPAL CORPORATION AND BODY POLITIC UNDER THE LAWS OF THE STATE OF TEXAS, HEREIN- AFTER CALLED "CITY ", PROVIDING FOR A SUPPLY OF FRESH WATER TO AND FOR THE BENEFIT OF 5,853 LOTS OUT OF THE PROJECT, WHICH LOTS ARE DESCRIBED IN SUCH AGREEMENT OF SEPTEMBER 30, 1970; AND 4+MEREAS, IT IS THE PURPOSE OF THE AGREEMENT TO ARRANGE FOR THE TIMELY INSTALLATION OF ADDITIONAL FACILITIES TO PROVIDE AN ADEQUATE SUPPLY OF FRESH WATER TO THE REMAINING PORTION OF THE PROJECT (PROJECTED TO CON- TAIN APPROXIMATELY 3,465 LOTS) HEREINAFTER CALLED "SECOND PHASE LOTS", AS SUCH SECOND PHASE LOTS ARE PLATTED AND DEVELOPED: NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE COVENANTS AND UNDER- TAKINGS HEREINAFTER EXPRESSED, PADRE AND CITY AGREE AS FOLLOWS: 1. AT SUCH TIME AS PADRE DEVELOPS EACH OF SUCH SECOND PHASE LOTS BY THE CONSTRUCTION OF SUBDIVISION IMPROVEMENTS THEREON, PADRE SHALL, AT NO EXPENSE TO CITY, CONSTRUCT AND INSTALL WITHIN THE PROJECT THE NECESSARY' WATER LINES TO SERVE EACH OF SUCH SECOND PHASE LOTS (SPECIFICALLY EXCLUDING THE WATER TRANSMISSION MAIN DESCRIBED IN PARAGRAPH 7 BELOW). UPON COMPLETION, PADRE SHALL DEDICATE SUCH LINES TO THE CITY AS CITY'S SOLELY OWNED PROPERTY, FREE AND CLEAR OF ALL ENCUMBRANCES. UPON SUCH DEDICATION, CITY SHALL BE SOLELY RESPONSIBLE FOR THE MAINTENANCE, REPAIR AND REPLACEMENT OF SUCH LINES. ,bXy 151 2. IN ORDER TO DEFRAY THE COST TO T14E CITY OF CONSTRUCTING AND IN- STALLING WATER TRANSMISSION, PUMPING, STORAGE, AID OTHER FACILITIES DESCRIBED IN PARAGRAPH 7 BELOW) NECESSARY TO FURNISH ANADEQUATE SUPPLY OF FRESH POTABLE WATER TO EACH OF SUCH SECOND PHASE LOTS, PADRE SHALL PAY TO THE CITY THE TOTAL SU14 OF $1,620,000.00, PARTIAL PAYMENTS AGAINST WHICH SHALL BE COMPUTED AND PAYABLE IN INCREMENTS AS FOLLOWS: A. WITH RESPECT TO EACH SECOND PHASE LOT SOLD BY PADRE, WHICH HAS AN AREA OF ONE ACRE OR LESS, PADRE SHALL PAY TO CITY THE SUM OF $4BO.00, PAYABLE OVER THE PERIOD OF TIME PRESCRIBED IN PARAGRAPH,3 BELOW. B. WITH RESPECT TO EACH SECOND PHASE LOT SOLD BY PADRE, WHICH HAS AN AREA IN EXCESS OF ONE ACRE, PADRE SHALL PAY TO CITY AN AMOUNT EQUAL TO THE SUM OF $480.00 PLUS AN ADDITIONAL AMOUNT FOR EACH ACRE, OR FRACTION THEREOF, THAT SUCH LOT EXCEEDS ONE ACRE, CALCULATED AT THE RATE OF $1,200.00 PER ACRE. SUCH SUM SHALL BE PAYABLE OVER THE PERIOD OF TIME PRESCRIBED IN PARAGRAPH 3 BELOW. C. AT SUCH TIME AS THE SEVERAL SUMS PAID BY PADRE TO CITY UNDER THE TERMS OF - SUBPARAGRAPH 2A AND SUBPARAGRAPH 2B ABOVE TOTAL $1,620,000.00 THEN PADRE SHALL HAVE NO FURTHER OBLIGATION TO PAY CITY ANY SUM UNDER THE TERMS OF THIS PARAGRAPH 2. 3. EACH OF THE SUMS TO BE PAID BY PADRE TO CITY UNDER THE -TERMS OF PARAGRAPHS 2A AND 2B ABOVE, SHALL BE PAYABLE IN TEN (10) EQUAL ANNUAL INSTALLMENTS, WHICH SHALL BE PAID TO CITY ON OR BEFORE THIRTY (30) DAYS AFTER THE END OF EACH "CONTRACT YEAR", AS HEREINAFTER DEFINED. 4. FOR THE PURPOSES OF THIS AGREEMENT, THE FIRST "CONTRACT YEAR" SHALL END ON THE LAST DAY OF PADRES FISCAL YEAR DURING WHICH PADRE 14AKES THE FIRST SALE OF A SECOND PHASE LOT. THE SECOND AND EACH SUBSEQUENT CON- TRACT YEAR SHALL END ON THE SAME DAY OF EACH SUCCEEDING CALENDAR YEAR DURING THE TERM OF THIS AGREEMENT. 5. ALL FUNDS PAID BY PADRE TO THE CITY UNDER THE TERMS OF THIS AGREEMENT SHALL BE MAINTAINED BY THE CITY IN A SEPARATE FUND OR ACCOUNT -2- WHIC11 SHALL BE SPECIFICALLY DESIGNATED AND RESTRICTED TO EXPENDITURES BY THE CITY SOLELY FOR THE PURPOSE OF FULFILLING ITS OBLIGATIONS UNDER THE TERMS OF THIS AGREEMENT. 6. CITY AGREES THAT, UPON COMPLETION BY PADRE OF THE CONSTRUC- TION OF THE WATER LINES SERVING EACH SECOND PHASE LOTS AND PROVIDED PADRE IS NOT IN DEFAULT UNDER THE TERMS OF THIS AGREEMENT, CITY WILL DELIVER THROUGH THE ABOVE DESCRIBED WATER LINES, OR OTHER LINES AS CITY MAYS AT ITS - OPTION, INSTALL, TO EACH SUCH SECOND PHASE LOT A SUPPLY OF FRESH POTABLE WATER ADE- QUATE TO SERVE ALL WATER CUSTOMERS SITUATED THEREON. SUCH WATER CUSTOMERS SHALL BE_B,ILLED FOR SUCH WATER AT THE THEN PUBLISHED CITY WATER RATES IN ACCORDANCE WITH THE TERMS AND CONDITIONS APPLICABLE TO CITY WATER SALES AS SET FORTH IN THE GENERAL ORDINANCES OF THE CITY, AS AMENDED FROM TIME TO TIME.' 7- IT IS PRESENTLY CONTEMPLATED THAT, IN ORDER FOR THE CITY TO COMPLY WITH ITS OBLIGATIONS UNDER THE TERMS OF THIS AGREEMENT, IT WILL BE NECESSARY FOR THE CITY TO CONSTRUCT AND INSTALL, AT NO ADDITIONAL EXPENSE TO PADRE (EXCEPT AS SET FORTH IN PARAGRAPH 2 ABOVE) THE FOLLOWING: (A) AN ADDITIONAL 24 -INCH WATER TRANSMISSION MAIN CONNECTING THE FLOUR BLUFF AREA WITH THE PROJECT; (8) ENLARGED WATER PUMPING FACILITIES LOCATED ON THE PROJECT; AND (C) ELEVATED STORAGE LOCATED ON THE PROJECT HAVING A CAPACITY OF AT LEAST 1,000,000 GALLONS OF WATER. HOWEVER IT IS UNDERSTOOD AND AGREED THAT THE CITY MAY AT ITS ELECTION, CONSTRUCT ADDITIONAL OR ALTERNATE FACILITIES, OR UTILIZE OTHER MEANS METHODS OR TECHNIQUES) TO FURNISH THE WATER SUPPLY TO SUCH SECOND PHASE LOTS AS REQUIRED BY THE TERMS OF THIS AGREEMENT SINCE PADRE'S SOLE OBJECTIVE UNDER THE TERMS OF THIS AGREE- MENT IS TO ARRANGE FOR THE TIMELY DELIVERY OF A PERMANENTS ADEQUATE SUPPLY OF FRESH POTABLE WATER TO EACH SECOND PHASE LOT' ANDS PADRE DOES NOT INTEND TO LIMIT OR RESTRICT THE MEANS 14ETHODS OR TECHNIQUES BY WHICH THE CITY MAY OBTAIN, STORE, TRANSPORT AND DELIVER SUCH WATER TO SUCH SECOND PHASE LOTS. 8. THIS AGREEMENT SHALL BE BINDING UPON THE PARTIES HERETO, THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. -3- DATED THIS THE DAY OF , 1971. ATTEST: CITY OF CORPUS CHRISTI, TEXAS BY CITY SECRETARY R. MARVIN TOWNSEND CITY MANAGER APPROVED: _DAY OF IA,�r, 1971: d,6(,2 CI ATTORNEY ATTEST: ETARY THE STATE OF TEXAS Q COUNTY OF NUECES PADRE ISLAND INVESTMENT CORPORATION BY PRESIDENT BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY AP- PEARED R. MARVIN TOWNSEND, 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 , 1971• NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY AP- PEARED OF 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 A$ 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 1971- NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS Corpus Christi, Texas /'JVX:., day of 19 71 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, MAYOR i We ,kg(- / THE CITY(OF CO US ISTI, TEXAS The Charter rule was suspended by the followiggrvote: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr. Eduardo E. -de Ases Ken McDaniel Ll e 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. U/ Eduardo E. de Ases 1-9-L -C� Ken McDaniel Cf cv� "Wrangler" W. J. Roberts Ronnie Sizemore U