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Home My WebLink About10187 ORD - 03/24/19713- 17- 71:mvl .^ r .i. d AW ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH NICHOLSON' BUILDING SUPPLY, OWNER OF SURREY PLACE SUBDIVISION, CONCERNING CONSTRUCTION OF UNDERGROUND STORM SEWER, ALL AS MORE FULLY SET FORTH IN THE AGREE- MENT, A COPY OF WHICH, MAR10D EXHIBIT "A ", IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLAr.ING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS : SUCTION 1. That the City Manager be, and he is hereby, authorized and directed to execute an agreement with Nicholson Building Supply, owner of Surrey Place Subdivision, under which agreement the owner obligates himself to construct an underground storm sewer when Unit 3 of Surrey Place Subdivi- sion is developed, 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 in order that the proposed subdivision construction 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 take effect a.-rd be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the Z! �i day of March, 1971. ATTEST] Q r _ City•Secret y MAYOR CITY OF CORPUS CHRISTI, TEXAS APPROVED: %'6DAY OF MARCH 971: ` ty Attorney 10187 3/17/71 CONTRACT AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES A-1HIEREAS3 THE OWNERS OF SURREY PLACE, A PROPOSED SUBDIVISION IN THE CITY OF CORPUS CHRISTI, DESIRE TO DEVELOP THE SUBDIVISION IN UNITS; WHEREAS, THE PRELIMINARY PLAT OF SAID SUBDIVISION IS FILED WITH THE CITY PLANNING DEPARTMENT IN ACCORDANCE WITH THE REQUIREMENTS OF THE CITY PLAT- TING ORDINANCE; WHEREAS, IN ORDER FOR THE SUBDIVISION TO BE PROPERLY DEVELOPED, THE CONSTRUCTION OF AN UNDERGROUND STORM SEWER SYSTEM IS REQUIRED• BEGINNING AT CARROLL LANE AND HEADING NORTHWESTWARDS THROUGH THE PROPOSED SUBDIVISION, AS SHOWN ON THE EXHIBIT OF THE STORM SEWER MASTER PLAN ATTACHED HERETO AND MADE A PART THEREOF; WHEREAS, IT IS THE RESPONSIBILITY OF THE DEVELOPER TO PROVIDE AT HIS COST THE NECESSARY STORM SEWER L114ES WITHIN HIS SAID SUBDIVISION EXCEPT FOR- ANY EXCESS COST AS A RESULT OF THE CITY'S REQUIR114G OVERSIZE OR OVERDEPTH OF SAID LINES; WHEREAS, THE DEPARTMENT OF PUBLIC WORKS OF THE CITY HAS REVIEWED THE STORM SEWER MASTER PLAN AND FINDS THE PLAN ACCEPTABLE; AND WHEREAS, THE DEVELOPMENTS OF THE SUBDIVISION BY UNITS REQUIRES THAT AN OPEN CHANNEL BE CONSTRUCTED FROM THE BOU14DARY OF UNIT 11 TO THE EXISTING CARROLL LANE BOX THROUGH THE UNDEVELOPED PORTION. NOW, THEREFORE, THE PARTIES HERETO AGREE: W I T N E S S E T H: 1. WITH THE PROGRESSIVE DEVELOPMENT OF UNIT III IN ACCORDANCE WITH THE PLATTING ORDINANCE OF THE CITY OF CORPUS CHRISTI AND CONTEMPORANEOUSLY WITH THE CONSTRUCTION OF OTHER PUBLIC IMPROVEMENTS PURSUANT TO SAID PLATTING ORDINANCE, THE OWNER WILL•ENCLOSE THE OPEN DRAINAGE CHANNEL THROUGH THE UNIT III SECTION BY CONSTRUCTING THE STORM SEWER SHOWN IN THE MASTER PLAN ALL THE WAY TO THE CARROLL LANE STORM SEWER BOX. 2. THE OWNER AGREES TO GRANT THE CITY PERMISSION TO ENTER UPON THE UNDEVELOPED PORTION OF THIS SUBDIVISION FOR THE PURPOSE OF MAINTAINING THIS CHANNEL. 3. THE CITY AGREES TO ALLOW THE DEVELOPMENT OF UNITS I AND II WITH THE OUTFALL DRAINAGE BEING THROUGH AN OPEN CHANNEL TOO THE CARROLL LANE BOX STORM SEWER. i 4. THE ABOVE OBLIGATIONS ARE HEREBY DECLARED TO BE COVENANTS RUNNING WITH THE LAND HEREIN DESCRIBED AS SURREY PLACE AND SHALL BE BINDING ON THE PARTIES HERETO, THEIR SUCCESSORS OR ASSIGNS. WITNESS OUR HANDS IN DUPLICATE, EACH OF WHICH SHALL BE CONSIDERED AS AN ORIGINAL, THIS THE DAY OF , 1971. CITY OF CORPUS CHRISTI ATTEST: BY R. MARVIN TOWNSEND, CITY MANAGER CITY SECRETARY , APPROVED40EDAY OF i , 1971: H C:T ATTORNEY ATTEST: NICHOLSON BUILDING SUPPLY BY SECRETARY _0. T. NICHOLSON, PRESIDENT THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED 0. J. NICHOLSON, PRESIDENT OF NICHOLSON BUILDING SUPPLY, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME 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 APPEARED R. MARVIN TOWNSEND, CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED, IN THE CAPACITY THEREIN STATED, AND AS THE ACT AND DEED OF SAID CITY. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF 1971. NOTARY PUBLIC IN AND FOR NUEC ES COUNTY, TEXAS 3 Corpus Christi, /Texas �2✓�4r day of 19 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,- OR• THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the-following vote: Jack R. Blackmon 4Eed_e Gabe Lozano, Sr. LQli�io V. A. "Dick" Bradley, Jr. AL 9-e_ Eduardo E..de Ases Ken McDaniel fLSC� L_ W. J. "Wrangler" Roberts 141— Ronnie Sizemore] The above ordinance was passed by the following vote: Jack R. Blackmon Gabe Lozano, Sr. &_Itivr� "Dick" V. A. Bradley, Jr. Gam/ Eduardo E. de Ases G�c Ken McDaniel `d—e W. J. "Wrangler" Roberts Ronnie Sizemore