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Home My WebLink About10188 ORD - 03/24/197113 a l BJW:3/24/71 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT AGREEMENT WITH FRANKLIN FLATO, OWNER OF NAVIGATION INDUSTRIAL PARK SUBDIVISION, PROVIDING FOR THE CON- STRUCTION OF AN OVERSIZE AND/OR OVERDEPTH SANITARY SEWER LINE IN TERMINAL STREET FROM NAVIGATION BOULEVARD TO OMAHA DRIVE; PROVIDING THAT FRANKLIN FLATO WILL PAY TO CITY THE SUM OF $7,513.50 AS HIS PORTION OF THE COST OF SAID CONSTRUCTION; PROVIDING THAT SAID PAYMENT BE DEFERRED FOR A PERIOD OF FIVE (5) YEARS, OR UNTIL UNIT II OF NAVIGATION INDUSTRIAL PARK IS DEVELOPED, WHICHEVER FIRST OCCURS, ALL AS IS MORE FULLY SET OUT IN A COPY OF THE CONTRACT AGREE- MENT ANNEXED HERETO, MARKED EXHIBIT "A ", 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 A CONTRACT AGREEMENT WITH FRANKLIN FLATO, BY THE TERMS OF WHICH CONTRACT AGREE- MENT CITY WILL CONSTRUCT AN OVERSIZE AND /OR OVERDEPTH SANITARY SEWER LINE IN TERMINAL STREET FROM NAVIGATION BOULEVARD TO OMAHA DRIVE TO SERVE NAVIGATION INDUSTRIAL PARK SUBDIVISION; AND FRANKLIN FLATO WILL REIMBURSE CITY IN THE SUM OF $7,513.50 AS HIS PORTION OF THE COST OF THIS CONSTRUCTION. THIS REIM- BURSEMENT WILL BE DEFERRED BY CITY FOR A PERIOD OF FIVE (5) YEARS, OR UNTIL COMPLETION OF THE DEVELOPMENT OF UNIT 11 OF NAVIGATION INDUSTRIAL PARK SUBDIVISION, WHICHEVER FIRST OCCURS, ALL AS IS MORE FULLY SET OUT IN A COPY OF SAID CONTRACT AGREEMENT ANNEXED HERETO, MARKED EXHIBIT "A ", AND MADE A PART HEREOF FOR ALL PERTINENT PURPOSES. THIS IS IN CONNECTION WITH PROJECT N0. 250 -70 -80.2, SANITARY SEWER IMPROVEMENTS FOR ROLLING ACRES UNIT I AND II AND NAVIGATION INDUSTRIAL PARK. SECTION 2. THE NECESSITY TO AUTHORIZE THE HEREINABOVE DESCRIBED CONTRACT AGREEMENT SO THAT THIS PROJECT MAY PROCEED 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 THAT SUCH PUBLIC EMERGENCY AND IMPERATIVE PUBLIC NECESSITY EXIST, � �1io8 AND HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED 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 24TH DAY OF MARCH, 1971, ATTEST: CITY SECRETARY OR APPROVED: THE CITY OF CORPUS CHRISTI, TEXAS DAY OF MA , 71: CIT ATTORNEY BLT: VMP:3 /11/71 CONTRACT AMEEh1ENT THE STATE OF TEXAS COUNTY OF NUECES WHEREAS, THE CITY OF CORPUS CHRISTI DESIRES TO CONSTRUCT A SANITARY SEWER LINE ADJACENT AIJD THROUGH NAVIGATION INDUSTRIAL PARK SUBDIVISION, A RECORDED SUBDIVISION WITHIN THE CITY OF CORPUS CHRISTI OWNED BY FRANKLIN FLATO; AND WHEREAS, IN ORDER TO SERVE PROPERTY -LYING 13EYOND SAID SUBDIVISION, IT IS NECESSARY TO CONSTRUCT A SANITARY SEWER•THROUGH SAJD SUBDIVISION 011I•IED BY FRANKLIN FLATO; AND V/HEREAS, THE CITY OF CORPUS CHRISTI IN COORDINATION WITH FRANKLIN FLATO AND HIS ENGINEERS, HAVE PREPARED PLANS FOR SANITARY SEWERS'TO SERVE AN AREA, INCLUDING THAT PORTION OF THE LINE THROUGH THE PROPERTY OF FRANKLIN FLATO, ALL AS SHOWN ON PUBLIC WORKS DRAWINGS SAN 263- SHEETS 14 AND 15 AND RELATED PLANS; AND WHEREAS, IT IS THE RESPONSIBILITY OF THE DEVELOPER TO PROVIDE AT HIS COST THE NECESSARY SANITARY SEWER LINES WITHIN HIS SAID SUBDIVISION EXCEPT FOR ANY EXCESS COST AS A RESULT OF THE CITY I§ REQUIRING OVERSIZE OR OVER -DEPTH OF SAID LINES; AND WHEREAS, THE COST OF CONSTRUCTING LARGER SANITARY SEWERS FOR r DRAINAGE OF AREAS LARGER THAN THE PARTICULAR SUBDIVISION IS A CITY RESPONSI- BILITY; AND _ WHEREAS, BASED ON BIDS RECEIVED BY THE CITY FOR THE CONSTRUCTION OF A SANITARY SEWER DESIGNED TO SERVE ONLY SAID SUBDIVISION THE DEVELOPER'S COST OF THE LINE THROUGH THE SAID SUBDIVISION AMOUNTS TO $7,513.50; AND WHEREAS, THE CITY HAS AGREED AND DOES HEREBY AGREE TO CONSTRUCT THE • ABOVE DESCRIBED SANITARY SEWER LINE. NOW, THEREFORE: W I T N E S S E T H: THE PARTIES HERETO AGREE: 1. THAT THE CITY WILL CONSTRUCT A SANITARY SEWER LINE IN TERMINAL STREET FROM NAVIGATION BOULEVARD TO OMAHA DRIVE. Z. FRANKLIN FLATO AGREES TO PAY TO CITY $7,513.50 WITHIN TEN (10) DAYS AFTER DEMAND FOR PAYMENT IS MADE BY'THE CITY; HOWEVER, THE CITY SHALL NOT MAKE SAID DEMAND UNTIL UNIT TWO, SECTION TWO OF SAID NAVIGATION INDUSTRIAL PARK SUDDIVISION HAS BEEN DEVELOPED DY THE OWNER OR NO LATER THAN FIVE (5) YEARS FROI4 DATE CF 1`16l'4L COMPLE7101J AND ACCEPTANCE BY THE Cl TY OF 5/J /i7 • TL�L /YJi / ✓/.!L 7�TttLT 5•�r,wrn•rr.y S <tvt;�/ WHICHEVER OCCURS FIRST. 3. THE ABOVE OBLIGATIONS ARE HEREBY DECLARED TO BE COVENAUTS RUN- NING WITH THE LAND HEREIN DESCRIBED AS NAVIGATION INDUSTRIAL PARK SUBDIVISION AND SHALL BE BINDING ON THE PARTIES HERETO, THEIR SUCCESSORS.OR ASSIGNS. WITNESS OUR HANDS IN.DUPLICATE, EACH OF WHICH SHALL BE CONSIDERED AN ORIGINAL, THIS THE DAY OF MARCH, 1971. CITY OF CORPUS CHRISTI BY ATTEST: R. MARVIN TOWNSEND, CITY MANAGER CITY SECRETARY APPROVED DAY OF MAR H, 1 1: CI ATTORNEY FRANKLIN FLATO, OWNER THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED FRANKLIN FLATO, KNOW14 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF 1971, NOTARY PUBLIC 114 AND FOR NUECES COUNTY, TEXAS THE STATE OF TEXAS COUNTY OF NUECES BEFORE 1•:E, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED R. MARVIN M/iNSEND, CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, KNOWN TO 14E TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO 14E THAT HE EXECUTED. THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED, AND 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 NUECES COUNTY, TEXAS Corpus Christi, Texas .2-1V1,_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; 13 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, R 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, Eduardo E..de Ases • Ken McDaniel W. J. "Wrangler" Roberts✓ Ronnie Sizemore GC-d f.0 The above ordinance was passed by the following vote. Jack R. Blackmon V Lz", K _ z--e° 7 Gabe Lozano, Sr. / V. A. "Dick" Bradley, /Jr. e Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore