HomeMy WebLinkAbout01721 ORD - 10/16/1944Ims /�/1,/2s/1,4
A RESOLUTION
AUTHORIZING AND DIRECTING THE MAYOR AND
THE CITY CONTROLLER OF THE CITY OF CORPUS
CHRISTI, TEXAS, TO MCUTE FOR AND OR BE-
IUF OF SAID CITY, AN AGREEMENT BY AND BE-
TAEBN SAID CITY OF CORPUS CHRISTI, TE.KAS,
AND G. R. SKANTNERj AND DECLARING AN
EMERGENCY.
BE IT RESOLVED BY TIE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TF_,XASe
SECTION I& That the Mayor and the City Controller
of the City of Corpus Christi, Texas, be, and they are hereby
authorized and directed to execute, for and on behalf of said
City, a contract by and betweea the City of Corpus Christi, Texas,
and G. R. Svantner, a copy of xhich contract is attached hereto
and made a part hereof, and reads as follows, to- its
STATE Of T,g±AS
COURTT OF NURCRS
W$inXW' G. R. Swantaor is the owner of the following
deseribed load sitaated in Nueces Bounty, Texas, to -wits
All of that portion or lot No. s,
SWISS a, Paisley 's Subdivision
of tba'Voftwan Tract lying Vogt of
Port Avenue, oontalsing approximate-
ly 33.5 acres, s4id land being also
deasribod as all that portion of the
South 1/4 of the North 1/4 of Sec-
tion Q, Paisley's subdivision of the
Hcffaaa Treat lying West of Port
Avenue=
And, WIMEW. the said 6. R. Swantner is now subdividing
and developing said property, cad
WMPJAS, the said 4. R. Swantaor desires that said addition
be supplied with water, gas, paving and sewerage:
NOW, nvd mn, this agreement this day made and datered
into by and betweea the City of Corpus Christi, Texas, acting by
Its duly authorised officers, hereinafter called Hirst Party, and
C. R. Swantner, hereinafter called Second Party, and for such
W I T N S S 3 S T H:
I.
Second Party has filed with the City Rogineor of the City,
of Corpus Christi a plat of a subdivision designated as Sao Diego
Addition, upon which is designated 'Unit No. one- and "Unit No,
Two" of said subdivision, and Second Party agrees to devalog in
accordance with such plat and in aeeerdese• with the requirements
and conditions imposed upon the dsvelopment of said addition by the
Planning Roard of the City of Corpus Christi, and under the terms
and conditions of this contract, Unit No. one of said San Diego
Addition, which said Unit No. one of said San Diego Addition shall
be filed by Second Party in the offion of the County Clerk of Nueass
county, Tax", with due dedication of all public ways, parks and
easements as shown thereon, and eseand Party agrees to immediately
begin the detelapaest of said Unit No. One, it being understood
a" agreed, however, that Unit No. Two as shown on tha plat on file
in the office of the City Eagineer of the City of Corpus Christi is
not to be developed by Second Party at this time, but shall be ae-
veloPed at the option of Second Party, and in the event of Bush de-
vslspmeat Sesesd Party agrees that such development shall be is
acdordance with the terms of this contrast and more particularly
In accordance with Paragraph IS hereof.
II.
It is understood and agreed by and between the parties
hereto that the lands ambrased within both Unit No. One and Unit
No. Two of said San Diego Addition, as shown by said map on file
in the office of the city Engineer, shall immediately be included
In the corporate limits of the City of Corpus Christi, and that
as soon as said territory is included within the corporate limits
Of the City of Corpus Christi Second Party will convey and does
hereby convey, subject to said condition, all his title, interest
and claim in and to all of the water, gas and sewer lines located
in said additioa and constructed in accordance with the terns of
this contract.
III.
First Party agrees at its sole east sad expense to furnish
the noosssary water and gas linos and install ease upon said Unit
No. One in accordance with the lay -out an the plat as prepared and
approved by sad on file with the Eagineering Department of the City
of Corpus Christi, and including fire protection facilities as
shown on said plat.
IV.
Second Party agrees to furnish and install at his sole
coat and expense the following coverage facilities for the service
of lots in said Unit No. One, and for the proposed future develop-
ment of Unit No, Two;
1. One 18 -inch sewer line begimslag at the rear of Lot 1,
-a-
Block 2. and continuing in a westerly direction along the South
line of said Bleak 2 to a point at the carper of Late 1]. sad 12,
Block 2.
2. Cap S -inch sower line beginatag at the oorner of Lots
11 mad 12. Bleak 4, on %he South line of said Bleak 8, themes North
following as eaaeucat between iota 11 and 18, Block 2, Lots 28 and
24, Block 4, lots 2 and 3, Bleak 4, Lots 24 and 26, Block €i, Lots 2
and 3, Block 3, Lots A5 and 26, Black 6. Lots 3 and 4, Block 6, and
Lots 23 and 24, Block 7, to the amseswat at the rear of cold Lots
23 and 24, Block T.
3. 6-inah sewer lines extending through an casement in the
center of each of Slacks 0, 6 and T.
4. s b -inoh sewer line ostsadipg along the front of Late
14 to 23, inclusive, Block 1.
A.0 of said installation of serer lines to be In accordance.
with o grade set by 4emrad Blusher. Civil Baglneor and Surveyor,
and brought to a point where a relift station will be furnished by
first Party at the rear of Lot 1, Block 2.
The above mentioned installation of sewsrege facilities
shall be subject to the approval of the City Snginser of the City
of Corpus Christi, Texas.
P.
rirst Party agrees at its 8010 cost end expense to install
at the South end of Lot 1, Bleak 2, upon an sasemat to be furnished
and which is hereby furnished by Second Party a Sufficient and adequate
relift station which relift station is to be connected to the 18 -inoh
line described in Sub- Paragraph No. 1 of Paragraph I7 above, and also
connected with the present existing sewerage lines and sewerage disposal
system of the City of Corpus Christi. Said casement &hall be the South
twenty (20) feet of Lot 1. Black 8, and Sssend Party hereby grants to
First party an easement for such purpose and for all utility purposes
upon and over said South 20 fast of Lot 1, Block S.
^.FH
V1.
Second party agrees to install at him sale coat and ezpsmse
the following street improvements in said unit Po. 1, which laid
unit No. l includes Guadalupe street, iiogele■ Street, sad Sarita
Street fray the interwetion of solidad Street Northwest to Campeau
Street,
1. Said streets will be graded to a width of forty -five
feet and to a drainage grade not by Comrad Blucher, F.ngi4esr and
Surveyor, providing upon bar ditch drainage an each aide of a drive
strip which will be laid to grades set by said Conrad Blusher.
d. The driving strip will be a 6 -inch thick flexible base.
paving to be native clay sand 3- inohes thick, compacted, surfaced
With State Higkeray approved ealiche 3- inohe5 thick, eampaeted, and
water sealed with 1 /2-iaoh Uvalde Bock Asphalt topping, said driving
strip to be of a total width of 80 feet.
3. The entransem at Cogpana, Guadalupe and Nogales Streets
into port Avenue will be approved approa0hoo providing drainage
along port Avenue and equipped with reinforced concrete culverts
of a also as required by the State Highway Department and the City
of Corpus Christi.
4. All bar ditches will be graded to give the mazimus
drainage from sarita Street into Port Avenue as specified by the
said Conrad Blusher.
That the First Party agrees to furnish and install the water
and gas lines and ecanoct'.the sands to the rempeative water aed gas
system of the City of Carpus Christi. Te=as. as hersinabove provided
within thirty (30) working days from and after the 19th "I of April,
1044, and Second Party will pay to First party for so furnishing and
installing such water and sae 11400 and making such comaeeticas there-
of the sum of Five mwusaad Dollars 00.000.00), which said sum will
be paid to First party by Second Party upon the caapletica of the
work of laying and installing said water and gas lines and oonno0ting
-4-
the same to the respective systems Of the said City of Corpus
Christi, to secure the payment of said sum of $5,000.00, Second
Party has simultaneously with the execution of this contract be-
tween the parties boreto deposited with the Corpus Christi National
Hank of Corpus Christi, Texas, said ■um of s5,00o.00 to be paid
over to First Party upon the completion of said water and gas lines
and the connection thereof in accordance with the terms of said son -
trsot within Said 80 working days from the 190h day of April, 1944,
said oompletion to be signified by the certificate of the City
Engineer of the City of Corpus Christi and approved by Conrad Blucher,
Civil Engineer, but in the event that the said First Party shall fail
to complete said water and gas lines and the canaeation thereof with-
in 50 working days, as herein provided, then and in that event said
sum of f$,000.00 shall be returned to Second Party and shall be pay-
able by Second Party to First Party upon the final completion of the
work of laying and installing said water and gas lines and connecting
the same to the respective systems of said City of Corpus Christi.
Viii.
Second Party agrees to furnish to First Party upon the con -
sueation of this oontraet as to Unit No. 1 of said San Diego Addition
satisfeatory evidence that said sewer lines and said paving ham been
fully paid for and is free and clear of any and all claims for enter -
ials or labor furnished in connection therewith.
iz.
It 1s understood and agreed by end between the parties here-
to that Second Party contemplates the development of Unit No. Two
Of said San Diego Addition in accordance with the may on file with
the City 9091seer of the City of Corpus Christi; and in the event
that Second Party shall give to First Party, within five years of
the date of this contract, written actiee that he desires to but-
divide and develop said Unit No. Two, and desires that First Party
Qn
Shall install water and gas limes therein, then and in that e'vaat
First Party agrees to furnish and install at its own cost and at-
pens@ said water sad gas system, and upon the complationL thereof,
and within thirty days from the completion thereof, second Party
agrees to pay to mirst Party two - thirds of the cost of the said
water and gas system; and Second Party further agrees that upon the
giving of said notice of the development of said Unit No. Two he
will Immediately install sewer lines and paving in said Unit No.
Two. said sewerage facilities and paving to be of equal quality and
type as that herein specified for Unit No. One; and Second Party
further egress that in the event of the development of said Unit
Ho. Two said development shall bs of comparable quality and type
as the development of Unit No. Cos. It is understood and agreed
that any development of said unit Po. 2 shall be in accordan@e with
the requirements and conditions imposed upon said addition by the"
Planning Board of the City of Corpus Chriati, Tex". Second Party agrees to
deposit in escrow with the State National Bank the 2/jrds of the estimates We £ the
installation of said water and gas lines at the time o£ g aid writt e.
a, (�
In the event of the developaent of Unit No. Two as pro-
vided for in the scat preceding paragraph hereof, Second Party
will convey all his right, title, interest and claim in sad to
all of said water, gas and sewer lines to First Party, said con -
veyanoe to be free and clear of all enoumbranaee and claims for
labor and material furnished in connestioa with the installation
thereof.
ICI.
This eantreet shall be binding upon the parties hereto,
their heirs, successors and assigns.
ITS WITNZSS PHZRECF the parties hereto have caused these
-6-
presents to be duly executed this _ A; day of April. 1944-
COIIHTHRsiamaD:
omp ro ar
ATPSST2
CITY or CORMS CHRIST,
BY
mayor
first Party.
sore ary.
(—ew Party.
TIE STATE OF TEXAS
Comm OF BMW
BBFM 35. the undersSgnO4 authority, m this day peremelly
eppweed O. B. SEaMn. kwm to on w to be the pers 'eboee mom is aubeeribed to the foregoing ` at1umaQt, and eclmoeledged to hm
that be mmutad the hrmm for the parpose8 lmd Ommidaratielf tberain
axp aed.
81FEB UHDEE Yi HAW AND SEAL OF OFFICE this, the dw of
. A. D. 1944.
EOEM PUBLIC in and for Bwoss
Caauty. Tessa
.SECTION 2.s The importance to the public of having
proper and adequate development of additions to the City of
Corpus Christi creates a public emergency and public imperative
necessity requiring the suspension of the Charter rule 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 several meetings of the City Council, and the Mayor having
declared that such public emergency and imperative necessity exist,
and having requested that such Charter rule be suspended, and that
this Resolution be passed 'finally on the date of its introduction,
and take effect and be in full force and effect from end after its
passage, IT IS ACCORDINGLY RESOLVED-
PASSED
and APPROVED this the ey of �r s
1944.
Mayor, City of Corpus Christi,
Texas.
ATTESTTt
f
City Secretary •-
APPROVED AS TO LEGAL FOR
City Attorney
Corpus Christi, Texas
I` ! 19W1
TO THE MEMBERS OF 91MF CITY COUECIL
OF TEE CITY of CORPUS CHRISTI
Corpus Christi, Texas
Gentlemen:.
For the reasons set forth in the emergency clause
of the foregoing resolution, a public emergency and an imperative
necessity exist for the suspension of the Charter rule or require-
ment 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 several meetings of the City Councils I,
therefore, hereby request that you suspend said Charter rule or
requirement and pass this resolution finally on the date it is
introduced, or at the present meeting of the City Council.
Respectfully
'ray —y Ems, y of --Pus Christi,
Texas
The Charter rule was suspended by the following vote:
A. C. McCaughan
Jos. Mireur
Ed. P. Williams
D. A. Segrest
S. G. Moffett
The above resolution was passed by following vote:
A. C. McCaughan
Jos. Mireur
Ed. P. Williams
D. A. Segrest
B. G. Moffett
Ir19-�