HomeMy WebLinkAbout11503 ORD - 05/30/1973r JRR:jkh:5- 30 -73; 1st
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER
INTO AN AGREEMENT WITH JACK RYAN, TRUSTEE, PROVIDING
FOR THE REI14BURSEMENT OF FINANCIAL PARTICIPATION
FROM OTHER PARTIES IF AND WHEN RECEIVED TO OFFSET
A PORTION OF THE COST OF A LIFT STATION AND FORCE
MAIN CONSTRUCTED BY JACK RYAN, TRUSTEE, TO SERVE AN
AREA OF APPROXIMATELY 312 ACRES, BOUNDED BY HOLLY
ROAD AND WEBER ROAD SOUTH AND WEST THEREOF, ALL AS
MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF
WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A "; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
Ee
SECTION 1. That the City Manager be and he is hereby authorized
and directed to enter into an agreement with Jack Ryan; Trustee, providing
for the reimbursement of financial participation from other parties if and
when received to offset a portion of the cost of a lift station sad force
main constructed by Jack Ryan, Trustee, to serve an area of approximately
312 acres, bounded by Holly Road and Weber Road south and west thereof, all
as more fully set forth in the agreement, a copy of which is attached hereto
and made a part hereof, marked Exhibit "A ".
SECTION 2. The necessity to enter into the aforesaid agreement
at the earliest practicable date creates a public emergency and an imperative
public necessity requiring the suspension of the Charter rule that no ordi-
nance 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 emergency and
necessity exist, 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 I.3 day of } , 1973.
ATTEST:
City Secre arf
APPROVED:
3a]i_ DtY,O,F /�iG� , 1973:
City Attorney
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
x.1503
AGREEMENT
THE STATE OF TEXAS
COUNTY OF NUECES
WHEREAS, Mr. Jack Ryan, Trustee, and United Savings Association,
hereinafter called "Developers ", have'constructed a sewage lift station and
force main to serve approximately 312 acres south and west of Weber Road
and Holly Road; and
WHEREAS, said lift station and force main were constructed at a
cost of $110,666; and
WHEREAS, the lands owned or controlled by Developers total approxi-
mately 258 acres; and
WHEREAS, the City Council- adopted Master Sanitary Sewer Plan provides
that all the area south and west of Holly Road and Weber Road is to be served
by gravity to the Westside Sewage Treatment Plant; and
WHEREAS, the construction of the lift station and force main makes
possible the provision of sewer service before the master plan lines are
constructed to the Westside Plant; and
WHEREAS, a policy needs to be established for additional connec-
tions to such lift station and force main to determine what additional acre-
age shall be so served and to provide a reimbursement to the Developers.
NOW, THEREFORE, the parties hereto agree:
W I T N E S S E T H
1. Developers will dedicate to the City the sewage lift station
and force main-known as Carolyn Heights Lift Station, serving an area south
and west of Weber and Holly Roads, after completion of construction according
to plans and specifications approved by the City.
2. City will make such lift station and force main available for
service to other acreage within a reasonable distance, as determined by
the City, of such facility until an additional 54 acres have been so connected,
provided said lirt station and force main is capable of handling the addi-
tional acreage in the opinion of the City.
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3. The Developers, owner or other persons desiring such service
for such additional acreage will be charged and shall pay to the City $354.70
per acre as a connection charge to offset the cost of construction of the
lift station and force main plus 6% interest thereon from the date of accep-
tance of the facilities by the City. The City, upon receipt of such charge
plus interest, shall pay such charge to Developers as compensation for the
extra capacity built in such lift station and force main, but City shall
have no liability to Developers except as to payment(s) received by City
under this Section 3.
4. Should the additional 54 acres capacity or any portion thereof
of said lift station and force main not De utilized within a period of five
(5) years from the date of execution of this agreement, with an option to
renew for an additional five (5) years, then the City's obligation to make
such lift station and force main available, if adequate, shall cease.
5. This agreement does not relieve Developers nor any other party
of the requirement to pay tap charges as required by City Ordinance and to
provide extensions of sewers to serve the lots within their subdivision and
to meet all other requirements of the Platting Ordinance.
WITNESS OUR HANDS in duplicate, each of which shall be considered
an original, this the day of , 1973.
ATTEST: CITY OF CORPUS CHRISTI
By.
City Secretary R. Marvin Townsend, City Manager
APPROVED:
DAY �OF z3
City Attorney
Jack Ryan, Trustee
ATTEST: UNITED SAVINGS ASSOCIATION
By
Secretary
Corpus Christi, Texas
,66-0— day of p 73
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
THE CITY OF CORPUS CHRISTI, TEXAS
The Charter rule was suspended by the following vote:
Jason Luby
James T. Acuff
/ r�
Rev. Harold T. Branch
O
Thomas V. Gonzales
Ricardo Gonzalez
Gabe Lozano, Sr.
/
J. Howard Stark
J
The above ordinance was passed by the following vote:
Jason Luby
James T. Acuff
✓ Q� Q ,
Rev. Harold Harold T. Branch
Thomas V. Gonzales
Ricardo Gonzalez
F
Gabe Lozano, Sr.
J. Howard Stark
1(