Loading...
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-�