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Home My WebLink About11996 ORD - 04/10/1974• JRR:jkh:hb:4 /2/74:lst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREE- MENT WITH PADRE ISLAND INVESTMENT CORPORATION PER- TAINING TO THE REIMBURSEMENT TO THE CITY FOR LABORATORY TESTING SERVICES FOR FOUR SUBDIVISIONS ON PADRE ISLAND AND DESCRIBED AS PROJECT NO. 1, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO 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 Padre Island Investment Corporation pertaining to the reimbursement to the City for laboratory testing services for four subdivisions on Padre Island and described as Project No. 1, 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 authorize the aforesaid agreement in order that the City may be timely reimbursed for laboratory testing services for subdivision development on Padre Island 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 and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the /a _11�7 day of April, 1974. ATTES . C1 y Secret ry , APPRROVED: .? DAY OF APRIL, 1974: �� /, RSS' City Attorney MAY THE CITY OF CORPUS CHRISTI, TEXAS 11996 AGREEMENT THE STATE OF TEXAS X COMM OF NUECES X This agreement is authorized by Ordinance No. and is entered °into between the City of Corpus Christi, Texas, a municipal corporation and body politic operating under the home rule statute of the State of Texas, hereinafter called "City" and Padre Island Investment Corporation, and pertains to the reimbursement of the City for testing laboratory fees for testing services for Padre Island, Project No. 1. W I T N E S S E T H WHEREAS, Padre Island Investment Corporation has awarded a construction con- tract to develop that portion of their property on Padre Island designated as Padre Island - Project l;:and WHEREAS, City Ordinance 11742 provides that the City shall select a testing laboratory and pay all testing fees directly to said laboratory and the developer will reimburse the City for such testing fees prior to the City's approval of the con- struction work and accepting the water and sanitary sewers for maintenance and opera- tion; and WHEREAS, but for said Ordinance No. 11742 Padre Island Investment Corporation would not need the said tests of the type, frequency and location here required and is not a benefit to said Corporation but is for the convenience of the City; and WHEREAS, due to the size of this project the construction will extend over a period of several years and the City's contract with a testing laboratory provides for monthly payments for the tests performed during the preceding month: NOW, THEREFORE, the City and Padre Island Investment Corporation agree as follows: 1. Padre Island Investment Corporation will reimburse the City on a monthly basis in the same amount as the City pays the testing laboratory. A copy of themonthly statement from the laboratory will be furnished to Padre Island Investment Corporation along with the statement from the City of the payment due the City. This payment will be made within ten (10) days after the statement is received by Padre Island Investment Corporation. W, X// 2. The City will contract with a testing laboratory to furnish the testing services for this project. 3. The total amount of testing as per this agreement will not exceed $71,040.00 unless mutually agreed to by the City and Padre Island Investment Corporation, in which event this agreement will be amended to reflect such change. When such amount is reached, no further subdivision development activ- ity will take place until Padre Island Investment Corporation has agreed to Pay for the laboratory testing work for such continued subdivision development activity. 4. This agreement shall be executed in duplicate, each of which shall be considered an original, and shall become effective and be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. WITNESS our hands this the day of 1974. ATTEST: CITY OF CORPUS CHRISTI City Secretary By R. Marvin Townsend APPROVED: City Manager DAY OF , 1974: City Attorney ATTEST: PADRE ISLAND INVESTMENT CORPORATION Secretary , -2- THE STATE OF TEXAS X COMM OF NOECES X BEFORE ME, the undersigned authority, on this day personally appeared R. MARVIN TOWNSEND, City Manager of the City of Corpus Christi, Texas, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of said City of Corpus Christi 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 1974. Notary Public in and for Nueces County, Texas THE STATE OF TEXAS X COUNTY OF NOECES X BEFORE ME, the undersigned authority, on this day personally appeared , of Padre Island Investment Corporation, a Texas corporation, known to me to be the person and officer whose name is sub- scribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of said corporation and 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 1974. Notary Public in and for Nueces County, Texas s Corpus Christi, Texas • AD 3day of 19 711 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 Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark The above ordinance was passed by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark 0a P