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Home My WebLink About13689 ORD - 03/02/1977• JEH:hb:2 /9/77 • ORDINANCE AUTHORIZING THE CITY GER TO EXECUTE A CONTRACT WITH GRAFORD ROGERS FLOOR CMPANY FOR WATER SERVICES OUTSIDE THE CITY LIMITS, ALL MORE FULLY SET FORTH IN THE CONTRACT, A SUBSTANTIAL'COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARRED EXHIBIT "A "; 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 a contract with Graford Rogers Floor Company for water services outside the City limits, all as more fully set forth in the contract. a substantial copy of which is attached hereto, marked Exhibit "A ", and made a part hereof. SECTION 2. The necessity to authorize execution of the contract aforesaid in order to provide water services at the earliest practicable 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 emergency and necessity to exist, having requested the suspension of the Charter rule and that this ordinance take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED this the 4hdl day of February, 1977. ATTEST: ",City Secr tary APPROVED: DAY OF FEBRUARY, 1977: J. BRUCE AYCOCK, CITY ATTORNEY By. Assistant City Wtordey MAYOR frojem THE CITY OF CORPUS CHRISTI, TEXAS 13689 MICROFILMED SUL0'7 1980 n THE STATE OF TEXAS X COUNTY OF NUECES X OUTSIDE CITY LIMITS WATER CONTRACT WHEREAS, Graford Rogers Floor Co., a corporation, lawfully doing business within the State of Texas, hereinafter referred to as Graford Rogers, desires water service to its property located outside and not adjacent to the corporate limits of the City of Corpus Christi; and WHEREAS, the City of Corpus Christi hereinafter referred to as City, has agreed to supply water service to Graford Rogers, under terms and conditions set out hereafter, now therefore W I T N E S S E T H I City agrees to provide water service to the Graford Rogers property more fully described as follows: Lot 1 of Rogers Subdivision said subdivision being 29.697 acres of land, more or less, out of Lots 3, 4, 5, 6, 7, and 8, Section 6, Flour Bluff and Encinal Farm and Garden Tracts as shown by plat recorded in Volume A, Pages 41, 42, and 43 of the Map Records of Nueces County, Texas. Graford Rogers is owner in fee simple of the above described property. II Graford Rogers agrees to: 1. Pay a connection fee of $3,500 for each 3/4 inch tap requested. 2. Pay annually a fee of $500 on January 1 until the property is annexed or until the entire water line is replaced to assist in providing adequate fire protection to the area, whichever comes first. 3. Agree to annex by contract in accordance with Article I, Section 2(b) of the Charter of the City of Corpus Christi immediately after annexation may be lawfully accomplished. 4. Provide fire hydrants and related valves as needed by the Water Division, said fire hydrants and valves to meet engineering specifications of the Water Division, City of Corpus Christi. • � n • III 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. IV 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 55 -111 of the Code of Ordinances, City of Corpus Christi. V Graford Rogers agrees 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 (Ordinance 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 Elec- trical Code (Ordinance No. 10832), as amended, the City Fire Prevention Code, 1970 Edition (American Insurance Association), as amended, all law- fully 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. Graford Rogers consents to inspections of all such construction by duly authorized inspectors and representatives of City departments charged with enforcement of said codes. VI Graford Rogers agrees that as to any improvement the appli- cable codes shall be those in effect at the time of commencement of such improvement. VII Graford Rogers agrees that a breach of the aforesaid covenants and conditions shall render owner liable to termination of the delivery of -2- • C J 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. VIII 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. IH 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 Graford Rogers and each of them, and shall constitute covenants running with the land. WITNESS OUR HANDS, this day of , 1977. ATTEST: CITY OF CORPUS CHRISTI B9 City Secretary R. Marvin Townsend, City Manager APPROVED: DAY OF , 1977: J. BRUCE AYCOCK, CITY ATTORNEY GRAFORD ROGERS FLOOR CO. OWNER By. Assistant City Attorney ATTEST: Secretary CORPUS CHRISTI, TEXAS DAY of � , 19_zj 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 ?[9-M THE CITY OF CORPUS fKRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JASON LUST DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE 13689