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Home My WebLink About02116 ORD - 07/08/1947AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, TO ENTER INTO A CONTRACT WITH LINDALE, INC., AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager of the City of Corpus Christi, Texas, is hereby authorized and directed to make and enter into a contract with Lindale, Inc., for the construction of water and gas lines in Lindale Park Subdivision, Section 4, located in Nueoes County, Texas, a copy of which contract is made a part hereof and reads as follows, to -wit: ';�-I 1 ST.A.TF. OF TEM COUNTY OF MURONS C W- MRFAS, Lindale, InD., a corporation with its principal plado of business being in Corpus Christi, Texas, is the owr_er and developer of Lindale Park sulbdivision, Section 4, located in Nuecos County, Texas, and sore fully described in a map or plat filed in the office of the County Clerk of Ruecos County coverinG such subdivision; and. TEMAS, said Lindale, Inc. is desirous of supplyink water and gas to said subdivision; 140sa, TkriliE 0114, this agreement made and entered into this auy of July, l j4'j, by uric bet-weer, the City of Gorpus Christi, Texas, a municipal corporation, acting by and through its duly authorized agents, icroinsfter called "City" and Undale, Inc., a private corpora- tion with its principal place of business in Corpus Christi, Texas, A. G. Swantner, being 'president of said corporation and Jamin Gordon being Seoretary, hereinafter termed "developer", WI T N 9 3 S E T A s 1. The City agrees for and in consideration of the sum agreed to be paid by Developer, to furnish the necessary water lines for Blocks 390 40 and 41 and Blocks C and D in the Lindale Park Subdivision, Section 4, and to install the same in the streets and utility easements therein, the City agreeing to furnish all saterial and labor necessary for installing the water lines above mentioned, except the developer is to furnish at its awn expense and hereby agrees to do so, the following, to -wits 1100 feet of B -inch cant iron pipe, 1090 feet of 6-inch cast Iron pipe, and 2560 feet of 4 -inch east iron pipe,.said water system to be furnished and installed in accordance with water lay out plan attached hereto and made a part hereof, for all intents and purposes. It being understood that there mV be some modifications in said plan by the rmpartmeut of Public "4orks of the City and developer hereby expressly ratifies and approves awry such modifications that may be made: 2. ?n consideration for -ae abovs- ntioned work to be done by the City, developer agrees upon execution of this agreement by ti,s parties hereto to deliver to the Guaranty "Title c: Trust Company of Corpus Chriati, Texas, the slaws of 'r'ive Thousand Five dundred and Forty- eight 05,546,00j Dollars, the said suss to be paid to said City upon the completion of the work above- moutioned. 'The Gity agrees, however, that should the actual *oat of said construction, as determined by the City, upon completion of the job, be less than the amount of $5,548.00, then such balance is cf, be returned to the developer. 3• The C.'�y awes to construct and install, at its owr. expense, the neoesaar; , as linos 'to serve. said sloo es 33, 0 and 41 and ;Aocka C and A oA said > ubdivision, as cdete2.4.i.ned by the Department oi' k'ublic Utilities of said City. 4. It is further agreed and understood that upon completion of this work all water and gas lines placed in said subdivision are to become the property of the said City. And it is understood and agreed that the developer conveys by the execution of this instrument all right, title, interest and claim it may have in and to say and all water and gas lines installed in accordance with this agreement, to the City. 5. It is understood and agreed that the City will begin work on installing said water and gas lines not later than July 15, ISAt7, and will prosecute the work diligently to conclusion, in accordance with the terms hereof. It is further understood and agreed that the parties hereto will cooperate with each other and that developer will hold up construction of streets, curbs and gutters in said subdivision until the said water and gas lines have boon laidl provided, however, that should any street be already laid, and it is necessary, in the course of complying -2- with this contract, that the Gity dig up aW part of said street or streets, the City shall fill up such hole or ditches as it may have dug, but the City is under no obligation to rsgrade, resurface or retop any of such street or streets. 6. This contract is to be binding upon the parties hereto, their successors and assigns forevur. Zxecutsd in duplicate this day of July, A. Do 1947. CITY OF CORPUS C.:CtI Ti, TEE, ATTE'SC s 13Y City ; =roger " ty Secretary APPROVED AS T'J LWAL 'ORUs kZZXSTs I.LWAI. , IUC. aeoretary �res�de STATE OF TEXAS b COUHTy QF bfULCESi Before me, the uorleraigned authority, on this day personally appeared H. H. Allen, City Mea:ager of the City of Corpus Christi, known to ma to be the person whose name is subscribed to the foregoing instru- ment as City Phmager of the City of Corpus Christi, and aGkawledged to m that he executed the same in the capacity as such City Manager, for the purposes and consideration therein expressed and as the act and deed of said City of Corpus Christi. riven under nV hand and seal of office this the day of July, A. A. 1947. Notaxy Public, eoes ounty, Teams -3- STARE OF TEAS COUNTY OF NUECES b Before me, the undersigned authority, an this day personally appeared R. G. Swantner, President of Undale, Inn., known to me to be the person whose name is subscribed to the foregoin6 instrument as President, and who acknowledyed the dame to be the act of the corpora- tion. and that he executed the aa-as for the purposes and consideration therein expressed, and as the act of said corporation. Given rider -.V ?And and seal of office this day of July. A. t;. 1047. Notary Puglia, gGecem. Comty, 'ezas SECTION 2. The necessity for furnishing adequate water and gas services to Lindale Park Subdivision, Section 4, 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 sus- pended, 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. PASSED AND APPROVED this ( day of July, A. D. 1947. MAYOR, Cityof Corpus Christi, Texas ATTEST: �- City Secretary 7 APPROVED AS TO LEGAL FORM: n City Attorney Corpus Christi, Texas July -L-, 1947 TO THE MFMBERS OF THE CITY COUNCIL Corpus Christi, Texas Gentlemen: 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; I, therefore, hereby 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, CR City of Corpus Christi. Texas The Charter rule was suspended by the following vote: Wesley E. Seale George R. Clark, Jr. John A. Ferris Ray R. Henry e Joe T. Dawson The above ordinance was passed by the following vote: Wesley E. Seale George R. Clark, Jr. ' John A. Ferris Ray R. Henry Joe T. Dawson 2-11 LP