HomeMy WebLinkAbout11055 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