The URL can be used to link to this page

Home My WebLink About11055 ORD - 08/23/1972JRR/nIC 8/21/72 1ST • AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE CITY OF ROBSTOWN FOR THE CITY OF ROBSTOI•!N TO ACCEPT SEWAGE FROM THE NEW CALALLEN HIGH SCHOOL FOR TREATMENT, AND SETTING OUT THE CHARGES FOR HANDLING, 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. 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 AN AGREEMENT WITH THE CITY OF ROBSTOWN FOR THE CITY OF ROBSTOWN TO ACCEPT SEWAGE FROM THE NEW CALALLEN HIGH SCHOOL FOR TREATMENT, AND SETTING OUT THE CHARGES FOR HANDLING, AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A ", AND MADE A PART HEREOF. SECTION 2. THE NECESSITY TO EXECUTE THE AFORESAID AGREEMENT WITH THE CITY OF ROBSTOWN AT THE EARLIEST POSSIBLE DATE 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 BUT THAT SUCH ORDINANCE OR RESOLUTION SHALL BE�READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED SUCH E1ERGENCY 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 FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE �? 3 dnnL DAY OF AUGUST, 1972. APPROVED: < ,3 DAY OF AUGUST, 1972: X1/ �/ �' . S9 gSST CITY ATTORNEY - y 111055 THE CITY OF CORPUS CHRISTI, TEXAS THE STATE OF TEXAS, KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES. A WHEREAS, the City of Robstown Utilities Board, herein- after called "Robstown" is the holder of a certain utility easement which is hereinafter described; and WHEREAS, the City of Corpus Christi, hereinafter called "Corpus Christi" is unable to provide adequate sanitary sewage facilities for the Calallen schools: NOW, THEREFORE, in consideration of the premises and for and in consideration of the charges, fees, rental covenants, and agreements contained herein, the parties do hereby agree on the following: ARTICLE I The parties mutually agree that the term of this lease be for a period of five (5).years, the effective date being the date on which Robstown begins to handle sewage effluent. ARTICLE II Robstown agrees to acquire the following described utility easement: Being a 10 foot wide by 555 foot long utility easement out of Lot 2, Block 1, Nueces River Irrigation Park, as shown by map of record in Volume A. page 54, Map Records, Nueces County, Texas, said utility easement being more parti- cularly described by metes and bounds as follows: Beginning at a point in the south right of way line of 100' wide F. M. Highway 624, said point being S. 10° 00' W., 25.07 feet and N. 840 09' W., 5.10 feet from the northeast corner of said Lot 2, for the northeast and beginning corner of the tract herein described; Thence S. 100 00' W., with a line that is 5.1 feet west of and parallel to the east boundary line of said Lot 2, a distance of 555 feet more or less to a point opposite and east of an existing manhole for the southeast corner of the tract herein described; Thence N. 840 09' W., a distance of 10.02 feet to a point for the southwest corner of the tract herein described; 2. Thence N. 10° 001 E., with a line that is 15.1 feet west of and parallel to the east boundary line of said Lot 2, a distance of 555 feet more or less to a point in the south right of.way line of said F. M. Highway 624, for the northwest corner of the tract herein described; Thence S. 84° 091.E., with the south boundary line of said F. .M. Highway 624, a distance of 10.02 feet 6f the point of beginning. Containing 5550 square feet of land more or less. ARTICLE III Corpus Christi agrees to lay' an 8 -inch sewer line from the Calallen High School, across F. M._624, and thence to a man- hole located sough of F. M. 624, just east of the Robstown hospital, that portion south of F. M. 624 to lie entirely within the above described utility easement. - .ARTICLE TV Robstown agrees to provide all necessary maintenance to that portion of the above described sewer line within the above described utility easement. ARTICLE V Corpus Christi hereby agrees to pay Robstown 20 cents ($0.20) per one thousand gallons of raw sewage handled in connec- tion with the above described line. The volume of raw sewage handled shall be ascertained by the amount of water metered by Corpus Christi to the Calallen High School. ARTICLE VI� Corpus Christi reserves the right to cancel . or terminate this lease for any reason upon ninety (90) days written notice. Such written notice shall be directed to the Manager of the Robstown Utilities Board and./ rhP �it3r— p4axra °^ ^F *hp I ry .s- f__CD1:pua Christi. ARTICLE VII This contract subject to renewal by agreement of both parties for another term of five (5) years; however should Robstown desire not to renew, the written notice shall be given to the Director of Public Utilities of the City of Corpus Christi twelve (12) or more months in advance of the date of expiration hereof. Such written notice shall be directed to: Director of Public Utilities City of Corpus Christi P. 0. Box 9277 Corpus Christi, Texas 78408, ARTICLE VIII Robstown agrees that none of its agents shall be considered as employees of Corpus Christi and Corpus Christi shall not be liable in any way for any injury sustained to the person of these agents. ARTICLE IX Robstown agrees to indemnify and hold harmless Corpus Christi from any liability and /or claims arising out of the _operation of this.-lease and Corpus Christi agrees as well to hold harmless Robstown from any liability and /or claims arising out of this contract. EXECUTED IN DUPLICATE, each of which shall be considered an original this* .... day of .... " " " =" " ' , IM., Attest: CITY OF CORPUS CHRISTI, TEXAS: t Secretary ary n ownsen , C y anager APPROVED: _DAY OF , 1972: 5j-- Attorney ATTEST: ROBSTOWN UTILITIES BOARD i y ecretary r6ager CORPUS CHRISTI TEXAS r DAY OF j9_Z�L 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) 1, 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 THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: - RONNIE SIZEMORE - CHARLES A. BON NIWELL ROBERTO BOSQUEZ, M.D. REV. HAROLD T. 6RANCHp�y2¢n,L, ,. THOMAS V. GONZALES r GABE LOZANO, SR. V. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: RONNIE SIZEMORE.ey CHARLES A. BONNIWELL R06ERTO BOSQUEZ, M.D. 'REV. HAROLD T. BRANCH f:•C.r THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK