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HomeMy WebLinkAbout14830 ORD - 03/07/19790JKH:rr:3/7/79:1st AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS WITH JOHN CHARLES ANDERSON, MARK KOBELAN, ERNESTINE GARCIA AND ESTELLA GONZALES FOR WATER SERVICES OUT- SIDE THE CITY LIMITS, ALL AS MORE FULLY SET FORTH IN THE CONTRACTS, SUBSTANTIAL COPIES OF WHICH ARE ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBITS "A" THROUGH "D"; AUTHORIZING THE CITY MANAGER TO APPROVE CONTRACTS WHICH INCLUDE A NEW WATER CONNECTION FOR A 60 -DAY PERIOD BEGINNING MARCH 8, 1979; 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 contracts with John Charles Anderson, Mark Kobelan, Ernestine Garcia and Estella Gonzales for water services outside the city limits, as more fully set forth in the contracts, substantial copies of which are attached hereto and made a part hereof, marked Exhibits "A" through "D". SECTION 2. That the City Manager be and he is hereby authorized to approve contracts which include a new water connection for a 60 -day period beginning March 8, 1979. SECTION 3. That the necessity to authorize execution of the contracts as aforesaid 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 '7 day of March, 1979. ATTEST: C y Secretary MAYOR THE APPROVED: 7 DAY OF MARCH, 1979 J. BRUCE AYCOCK, CITY ATTORNEY 14839 CORPUS CHRISTI, TEXAS MICROFILMED JUL 0 81980 STANDARD FORM CONTRACT FOR PROVIDING WATER WHERE PROPERTY IS SITUATED PARTLY OR WHOLLY BEYOND CITY LIQ?ITS THE STATE OF TEXAS COUNTY OF NUECES THIS CONTRACT AND AGREEMENT made and entered into in duplicate originals by and between John Charles Anderson , Owner(s), 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 consideration in hand received by the parties respectively and upon the covenants and conditions hereafter stated, WITNESSETH• That Owner(s) is/are owner(s) 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: Padre Island Section 3 Lot 7 Block 87 14105 Jackfish fitAid;71 "N# Such property is situated partly or wholly beyond the corporate limits of the City of Corpus Christi, and, further, such property is not prin- cipally used for port -related industry, as defined by Section 55-111, as amended, of the Code of Ordinances, City of Corpus Christi. II City agrees to deliver City water to such property or to waterlines thereon, in accordance with Rules and Regulations promulgated and authorized by Section 55-111, as amended, 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 all City Codes and regulations and to obtain all City permits as though such property were inside the City. Owner(s) con- sent(s) to allow inspections of all of such construction by duly authorized inspectors or representatives of City departments charged with enforcement of said Codes and regulations. Owner(s) agree(s) that as to any improvements the applicable Codes and regulations shall be those in effect at the time of commencement of such improvements. IV IT IS AGREED by and between the parties hereto that the above des- cribed land and territory shall be included within the corporate boundaries of the City of Corpus Christi, and shall become a part thereof, subject to the terms of Article I, Section 2 of the City Charter of Corpus Christi, as amended, and as further prescribed by Section 55-111, as amended, of the Code of Ordi- nances, City of Corpus Christi. V Owner(s) agree(s) and understand(s) that a breach of the afore- said covenants and conditions shall render Owner(s) liable to termination 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 delivery of water service, including installation and disconnections for failure to pay charges,as consu- mers 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 assigned of the said Owner(s) and each of them, and shall constitute covenants running with the land. WITNESS OUR HAND, this day of CITY OF CORPUS CHRISTI, TEXAS OWNER(S) By J ha e- deraon City Manager ATTEST: ) MAILING ADDRESS: 19 (Capacity) 3540 North FM_ 1504. East San Antonio, Tx..78232 City Secretary (Capacity) APPROVED: ADDRESS: City Attorney (Capacity) ADDRESS: (Capacity) THE STATE OF TEXAS COUNTY OF NUECES 1 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 THE STATE OF TEXAS 1 COUNTY OF NUECES 1 Notary Public in and for Nueces County, Texas BEFORE ME, the undersigned authority, on this day personally appeared Ccs known to me to be the person(s) whose name(s) is/are 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 r . 19 . 8 .1LC r+� %c Notary Public in and for Nis County, Texas STANDARD FORM CONTRACT FOR PROVIDING WATER WHERE PROPERTY IS SITUATED PARTLY OR WHOLLY BEYOND CITY L1t-?ITS THE STATE OF TEXAS 0 COUNTY OF NUECES 0 THIS CONTRACT AND AGREEMENT made and entered into in duplicate originals by and between • Mark Kobelhn - , Owner(s), 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 consideration in hand received by the parties respectively and upon the covenants and conditions hereafter stated, WITNESSETH: - I That Owner(s) is/are owner(s) 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: Galeon Bay # 2 lot 1 Block 79 • 13929 Sea $orae Ave. Ex 41 4, • Such property is situated partly or wholly beyond the corporate limits of the City of Corpus Christi, and, further, such property is not prin- cipally used for port -related industry, as defined by Section 55-111, as amended, of the Code of Ordinances, City of Corpus Christi. II City agrees to deliver City water to such property or to waterlines thereon, in accordance with Rules and Regulations promulgated and authorized by Section 55-111, as amended, 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 all City Codes and regulations and to obtain all City permits as though such property were inside the City. Owner(s) con- sent(s) to allow inspections of allof such construction by duly authorized inspectors or representatives of City departments charged with enforcement of . said Codes and regulations. Owner(s) agree(s) that as to any improvements the applicable Codes and regulations shall be those in effect at the time of commencement of such improvements. • IV IT IS AGREED by and between the parties hereto that the above des- cribed land and territory shall be included within the corporate boundaries of the City of Corpus Christi,- and shall became a part thereof, subject to the terms of Article I, Section 2 of the City Charter of Corpus Christi, as amended, and asfurther prescribed by Section 55-111, as amended, of the Code of Ordi- nances, City of Corpus Christi. V Owner(s) agree(s) and understand(s) that a breach of the afore- said covenants and conditions shall render Owner(s) liable to termination 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 delivery of water service, . including installation and disconnections for failure to pay charges,as consu- mers 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 assigned of the said Owner(s) and each of them, and shall constitute covenants running with the land. WITNESS OUR HAND, this day of , 19 ,.CITY. OF CORPUS CHRISTI, .TEXAS • OWNER(S) • By City Manager Clv�--- (Capacity). . Mailing ATTEST: ADDRESS: 13939 Sea Horse Ave. - 18 City Secretary (Capacity) APPROVED: ADDRESS: City Attorney (Capacity) • ADDRESS: (Capacity) THE STATE OF TEXAS COUNTY OF NUECES ) 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 nanie 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 • THE STATE OF TEXAS ' COUNTY 'OF NUECES Notary Public in and for Nueces County, Texas BEFORE ME, the undersigned authority, on this day personally appeared stark Kobelan . known to me to be the person(s) whose name(s) is/are 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. 27 day of February , 19 79 ADELE STEAPP &'L -.snowyPu6k4m, UInandtoeNaiveCana Notary Pubic in and for. Nueces County, Texas STANDARD FORM CONTRACT FOR PROVIDIIIG WATER WHERE PROPERTY IS SITUATED PARTLY OR WHOLLY BEYOND CITY LIMRITS THE STATE OF TEXAS D COUNTY OF NUECES THIS CONTRACT ANO AGREEMENT made and entered into in duplicate originals by and between Ernestine R. Garcia , Owner(s), 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 Uueces County, Texas, hereinafter called "CITY", for good and valuable consideration in• hand received by the parties respectively and upon the covenants and conditions hereafter stated, WITNESSETH: That Owner(s) is/are owner(s) 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: San Carlos • lot 9 & i of 8 Stock 1 4817 Cynthia • Exp, 'e ,► • Such property is situated partly or wholly beyond the corporate limits of the City of Corpus Christi, and, further, such property is not prin- cipally used for port -related industry, as defined by Section 55-111, as amended, of the Code of Ordinances, City of Corpus Christi. II City agrees to deliver City water to such property or to waterlines thereon, in accordance with Rules and Regulations promulgated and authorized by Section 55-111, as amended, 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 all City Codes and regulations and to obtain all City permits as though such property were inside the City. Owner(s) con- sent(s) to allow inspections of allof such construction by duly authorized inspectors or representatives of City departments charged with enforcement of said Codes and regulations. Owner(s) agree(s) that as to any improvements the applicable Codes and regulations shall be those in effect at the time of commencement of such improvements. - IV IT IS AGREED by and between the parties hereto that the above des- cribed land and territory shall be included within the corporate boundaries of the City -of Corpus Christi,. and shall became a part thereof, subject to the terms of Article I, Section 2 of the City Charter of Corpus Christi, as amended, and as. further prescribed by Section 55-111, as amended, of the Code of Ordi- nances, City of Corpus Christi. V Owner(s) agree(s) and understand(s) that a breach of the afore- said covenants and conditions shall render Owner(s) liable to termination 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 delivery of water service. including installation and disconnections for failure to pay charges,as consu— mers 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 assigned of the said Owner(s) and each of them, and shall constitute covenants running with the land. WITNESS OUR HAND, this day of lg .CITY. OF CORPUS CHRISTI,. TEXAS OWNER(S) By City Manager ATTEST: City Secretary (Capacity) . nailing ADDRESS: 4317 Cynt«ta st. - 10 APPROVED: ADDRESS: • ''City Attorney (Capacity) (Capacity) • ADDRESS: (Capacity) THE STATE OF TEXAS COUNTY OF NUECES j 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 an for ilueces County, Texas ' THE STATE OF TEXAS j COUNTY OF NUECES BEFORE ME, the undersigned authority, on this day personally appeared Ernestine R. Garcia known to me to be the persons) whose name(s) is/are 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 27 day of - February , 19 79 ADELE SWAMP- 33�� r, Pt i. In and for Nome Cower, Tiffo Notap1Public in and for. Nueces County, Texas STANDARD FORM CONTRACT FOR PROVIDING WATER WHERE PROPERTY IS SITUATED PARTLY OR WHOLLY BEYOND CITY LII•".ITS • THE STATE OF TEXAS 0 COUNTY OF NUECES 0 THIS CONTRACT AND AGREEMENT made and entered into in duplicate originals by and between Estella Gonzales , Owner(s), .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 Hueces County, Texas, hereinafter called "CITY", for good and valuable consideration in hand received by the parties respectively and upon the covenants and conditions hereafter stated,• WITNESSETH: That Owner(s) is/are owner(s) 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: san Carlos lots 6,7,& Z of 8 4813 Cynthia St. Such property is situated partly or wholly beyond the corporate limits of the City of Corpus Christi, and, further, such property is not prin- cipally used for port -related industry, as defined by Section 55-111, as amended, of the Code of Ordinances, City of Corpus Christi. II City agrees to deliver City water to such property or to waterlines thereon, in accordance with Rules and Regulations promulgated and authorized by Section 55-111, as amended, 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 all City Codes and regulations and to obtain all City permits as though such property were inside the City. Owner(s) con- sent(s) to allow inspections of all of such construction by duly authorized inspectors or representatives of City departments charged with enforcement of said Codes and regulations. Owner(s) agree(s) that as to any improvements the applicable Codes and regulations shall be those in effect at the time of commencement of such improvements. • IV IT IS AGREED by and between the parties hereto that the above des- cribed land and territory shall be included within the corporate boundaries of the City of Corpus Christi, and shall become a part thereof, subject to the terms of Article I, Section 2 of the City Charter of Corpus Christi, as amended, and asfurther prescribed by Section 55-111, as amended, of the Code of Ordi- nances, City of Corpus Christi. V Owner(s) agree(s) and understand(s) that a breach of the afore- said covenants and conditions shall render Owner(s) liable to termination 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 delivery of water service, including installation and disconnections for failure to pay charges,as consu— mers 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 assigned of the said Owner(s) and each of them, and shall constitute covenants running with the land. WITNESS OUR HAND, this day of , lg CITY OF CORPUS CHRISTI, TEXAS OWNER(S) By City Manager • • e:Gi/LL • apacity). Mailing ATTEST: ADDRESS: 4813 Cynthia St. • City Secretary (Capacity) APPROVED: :'City Attorney 447 ADDRESS: (Capacity) • ADDRESS: (Capacity) THE STATE OF TEXAS ) COUNTY OF NUECES ) 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 j COUNTY OF' NUECES BEFORE ME, the undersigned authority, on this day personalty appeared Estella Gonzales known to me to be the person(s) whose name(s) is/are 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 28 day of Februaty , 19 79 ADELE STEAPP - 4611 Mew Nils, In and forNemot County, Tom Notary rubirfin and for Nueces County, Texas • • , 41111 Corpus Christi, Te as 7 day of , 19 % 9 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 suspension 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 ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, YOR THE CITY OF CORP HRISTI, TEXAS The Charter rule was suspended by he following vote: r Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample The above ordinance was passed Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample by t e following vote: 11( 4e(, 401 14830