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Home My WebLink About12962 ORD - 12/31/1975• vp:l2 /29/75:lst • AN ORDINANCE AUTHORIZING A CONTRACT WITH BENITO GARCIA AND ALMA GARCIA FOR WATER OUTSIDE THE CITY LIMITS, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, IN SUBSTANTIALLY THE FORM 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, SECTION 1. That the City Manager be and he is hereby authorized to execute a water contract with Benito Garcia and Alma Garcia for water service outside the city limits, as more fully set forth in the contract, in substantially the form attached hereto, marked Exhibit "A ", and made a part hereof. SECTION 2. The necessity to authorize execution of the aforesaid contract at the earliest practicable date so that water service may be furnished as outlined 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 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 day of December, 1975• ATTEST: /f Ve ---- (I. ity Secretary -— MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: ' 51 DAY OF DECEMBER, 1975 0J.%; City Attorney • � J STANDARD FORM CONTRACT FOR PROVIDING WATER WHERE PROPERTY IS SITUATED MORE THAN 300 FEET OUTSIDE CORPORATE LIMITS THE STATE OF TEXAS COUNTY OF NUECES THIS CONTRACT AND AGREEMENT made and entered into in duplicate originals by and between Benito Garcia and Alma Garcia owner (a). hereinafter called "OWNER(S) ", and the CITY OF CORPUS CHRISTI, TEXAS, a. home rule•city of more than 200,000 population, a municipal corporation and body politic under the laws of the State of Texas, situated in Nueces County, Texas, hereinafter called "CITY ", for good and valuable consider- ation in hand received by the parties respectively and upon the covenants and conditions hereinafter stated W I T N E S S E T R: , I That owners are owners in fee simple and of all existing rights, titles and interests therein of all the following described property located in Nueces County, Texas, generally delineated on the map attached hereto and marked "Exhibit A" and being more particularly described as follows, to -wit: Lot 2, Block.3, South Clarkwood Acres, Nueces Couaty, Texas. �11 Such property is situated wholly more than three hundred (300) feet beyond the corporate limits of the City of Corpus Christi, and, further, such property is not exclusively devoted to the production, manufacture, or processing of products shipped or capable of being shipped through the Port of Corpus Christi. II City agrees to deliver City water to such property or to water lines thereon, in accordance with Rules and Regulations promulgated and authorized by Section 38 -62 of the Code of Ordinances, City of Corpus Christi. III Owner(s) agree(s) to construct all improvements on such property in accordance and compliance with the City of Corpus Christi Southern Standard Building Code, 1969 Edition, 1971 Revision, as amended, the City of Corpus Christi Southern Standard Plumbing Code, 1967 Edition (Ord. No. 9624), 1971 Revision, as amended, the City of Corpus Christi Southern- Standard Gas Code, 1965 Edition, as revised and amended, the National Electrical Code, 1971, as amended, the Corpus Christi Electrical Code (Ord. No. 10832), as amended, the City Fire Prevention Code, 1970 Edition (American Insurance Association), as amended, all lawfully adopted Departmental Rules and Regulations applicable thereto, and such other regulations and requirements as the City Council may deem necessary and lawfully enforce relative thereto. Owner(s) consents to inspections of all such construction by duly authorized inspectors and representatives of City departments charged with enforcement of said codes. IV Owner(s) agree(s) that as to any improvement the applicable codes shall be those in effect at the time of commencement of such improvement. V Owner(s) agree(s) and understand(s) that a breach of the aforesaid covenants and conditions shall render owner liable to termination t -2- of the delivery of water and upon a finding of fact by the City Council that any of the aforesaid covenants or conditions have been materially breached, the delivery of water to owner shall be terminated VI All connections to the City water system shall be subject to the same rules and regulations regarding standards of installation and disconnections for failure to pay charges, as consumers within the City limits. VII It is agreed by and between the parties hereto that all of the above conditions shall be binding upon the successors and assigns of the said Owner(s) and each of them, and shall constitute covenants running with the land.. WITNESS OUR HANDS, this day of December_. 19 75, CITY OF CORPUS CHRISTI, TEXAS OWNER(S) City Manager (Capacity) Address: ATTEST: (Capacity) Address: City Secretary , APPROVED: City Attorney (Capacity) Address: (Capacity) Address: (Capacity) THE STATE OF TEXAS X COUNTY OF NUECES X BEFORE ME, the undersigned authority, on this day personally appeared , 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 , 19 Notary Public in and for Nueces County, Texas THE STATE OF TEXAS COUNTY OF NUECES X BEFORE ME, the undersigned authority, on this day personally appeared , known 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, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 19 a Notary Public in and for Nueces County, Texas 0 11 19 n Sz� CORPUS CHRISTI, �,T/EEXJAS , • , 7 goAT OF KJC.0 C%�ZULJ, 19 /S' 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, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES - - RUTH GILL BOB - GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED BY THE F LLOWING VOTE: JASON LUST DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE