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HomeMy WebLinkAbout13629 ORD - 02/23/1977 (3)JKH:vp:2 /9 /77:lst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH PADRE ISLAND INVESTMENT CORPORATION DEFERRING THE CONSTRUCTION OF A PORTION OF A 10 -INCH FORCE MAIN UNTIL SUCH TIME AS THE QUANTITY OF FLOW INTO THE SYSTEM REQUIRES THE FURTHER EXTENSION OF THE FORCE MAIN, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A ", AND MADE A PART HEREOF. 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 deferring construction of a portion of a 10 -inch force main until such time as the quantity of flow into the system requires the further extension of the force main, all as more fully set forth in the agreement, a substantial copy of which is attached hereto, marked Exhibit "A ", and made a part hereof. MIj�v'urIao ,a 0 i %S %D 13629 THE STATE OF TEXAS X COUNTr OF NUECES Y A G R E E M E N T This Agreement is entered into between the City of Corpus Christi, hereinafter referred to as "City ", and Padre Island Investment Corporation, Developer of Padre Isles, a subdivision in Nueces County, Terns, hereinafter referred to as "Developer ". WHEREAS, Developer is presently constructing and installing a ten (10) inch force main sewage line from Lift Station No. 6 in Section No. 3, as detailed more fully in the attached Exhibit A; and WHEREAS, Developer desires to connect the force main sewage line described above to the beginning'of a twelve (12) inch gravity sewer line south of Commodore Boulevard until such time as the flow of sewage may re- quire Developer to connect the force main to a larger line;_ NOW, THEREFORE, in consideration of the following premises and covenants, the City and Developer agree as follows: 1. City agrees to allow Developer to construct and install a ten (10) inch force main sewer line in the area marked in red on the attached Exhibit A. In addition, City agrees that Developer may extend and connect said force main to the beginning of the twelve (12) inch gravity sewer line as more fully disclosed in orange on the attached Exhibit A. 2. Developer will construct and install said ten (10) inch force main sewer line described above in accordance with the plans and specifications approved by City and further agrees that the work to be done shall be contracted and financed by Developer. 3. Developer agrees to disconnect and extend the ten (10) inch force main from the twelve (12) inch gravity sewer line to the fifteen (15) inch gravity sewer line as soon as possible after such time as City determines the sewage flow requires the line to be so extended. 4. Developer agrees to disconnect and extend the ten (10) inch force main from the fifteen (15) inch gravity sewer line to the begin- ning of the eighteen (18) inch gravity sewer line as soon as possible after such time as City determines the sewage flow to re- quire such extension and reinstallation. 5. The Developer agrees to indemnify the City against any claims arising as a result of this project. 6. The Agreement shall become effective and shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, successors and assigns from and after the date of execution. r EXECUTED IN DUPLICATE, each of which shall be considered an original, this the day of , 197,. ATTEST: THE CITY OF CORPUS CHRISTI By: City Secretary R. Marvin Townsend, City Manager APPROVED: day of 1977 City Attorney Director of Finance ATTEST: PAD IN' S CORPORATION By: TG�h.. Secretary Se�ior Vice President -2- • , THAT THE FOREGOING ORDINA CE WAS READ F TXE FIRBT TINE AND PASSED TO ITS SECOND READING ON TH18 THE DAY OF_-�t, 19 BY THE FOLLOWING VOTE: JASON LueY DR. BILL TIPTON stiv EDUARDO DE ASEB RUTH GILL Boo GULLEY ffAA GABE LOZANO, SR. EDWARD L. SAMPLE TWAT THE FOREGOING ORDINA CE WAS READ 6 THE SECOND TIME AND PA85ED TO ITS THIRD READING ON THIS THE�DAY OF � , 19Z BY THE FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL Boo GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THAT THE FOR 6011 //1jjG ORDI FINALLY ON THIS THE =7 DAY 0 MASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE PASSED AND APPROVED, TH HE THIRD TIME AND PASSED 1977 BY THE FOLLOWING VOTE: 191 ATTEST: K� C Y SECRLTARY , MAYOR CITY OF CORPUS CHRIST K, TEXAS VED: DAY OF 19