HomeMy WebLinkAbout13689 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.
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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
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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