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HomeMy WebLinkAbout02148 ORD - 09/09/1947AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, TO ENTER INTO A CONTRACT WITH E. B. 41UAILE AND T. E. MGARDLE, JR., DEVELOPERS OF LEXINGTON ESTATES SUB - DIVISION, AND DECLARING AN EISRGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF TIM CITY OF CORPUS CIMISTI, TEXAS; SECTION 1. That the City Manager of the City of Corpus Christi, Texas, be and he is hereby authorized and directed to enter into a contract with E. B. 'tdaile and T. E. MoArdle, Jr., Developers of Lexington states Sub - Division, a copy of which contract is attached hereto and made a part hereof and reads as follows, to -wit: 2-14 STATE OF TEXAS $ GGMTY OF NUECPS NUREA3, i?. B. duaile and T. B. YoArdle, Jr. are developing certain property known as Lexington rstatos Sub - division, said roperty bein£ located outside the limits oi' ti3o City of Corpus Christi and which property has been sub - divided and is of record in the Map Records of #Suedes County, Texas= and. 'r.'!ii�I "triAS, the developers are now constructin,: a six -inc13 (6") cast iron water liva in said sub- division ueeause at ttae present time there are uo facilities of this kind in this Luaeciato aroa, arid such water lira© will cctribute to the health and welfare of t:- residents 01' such sub - division; and, 17" 1r?3t'r,'A8, %e s :ia Cite of Corpus ,varlsti' is dosiruus of asaisting in working out a meti'iod whereby said wator line car; oo co:u:eotod to the City water &.1-stem and extend out to the said Lexington Estates ' +ub -divi- sion,'which will result in the Ereatcst possible benefit to botch parties; 10", 1',iEl'UO' HL. In consideration of the promises a rd in coasid- oration of the mutual agreements and covenants hereinafter not out, this s.Orse>w,nt is made &a4 sntered into n ar.d uetwecn 3, i3. quaile and T. S. McArdle, Jr., hereinafter called " developers" and the City of �:orpus Christi, Texas, a municipal corporation, hereinafter called "City", sa follows: 11 Ve Developers &Zree to construct a six - ins. 17 (6") cast iron water line just inside the southeast boundary of 3!.ahan Acres, for tits purpose of providing water for Vie sub - division known as Lexington Estates and more fully described by metes and bounds as followas Beginning at a point on the center line of Gollihar Road, said point being, approximately 31 N. -. of the intersection of the center line of Uollihar Road with the common boundary line between Tracts 11 and 13, 12 and 11,, S6ction "e. Paisleys Sub- division of the Hoffman Tract; Thence south 28o2O1 west parallel to and 31 north west of the aforementioned comnon boundary line a distance Of 1F30 feet to the City Li»dts of Corpus Christi, for the point of be?;;inning of this description. T. hence continuing S 280201 ' parallel to and approximately 31 northwest of trio above described boundary line a distance, of 24W.2 feet to a point in NeArdle Drive said point being 31 northwest of the original =. ". corner of Mahan Acres Sub- division. Paid line beinG within a 51 aide utility easement ulong the southeast line of islooke 5, and 6. Mahan hares ub- divisions said line to be laid out and be completed in accordance with the plans and specifications of the Director of Public viorks and in accordance with the Provisions of the Plumbing 1rdinenoes of the City and such other ordinances as may control in the premises, and such line shall be finally approved by the Director of Public arks of the Gity. 2. she said water line as built by Developers will be paid for by Developers and shall be owned b Developers, and the City will be under no obliZation to aid in any way in finai:cing of said water lino, ana said Developers c all continue to hold the leual title to such line and .rwa Such, lisle until such area aiiall be annexed to the City of Corpus liristi and become & pprt thereof, Or until such other occurrences as hereinafter provided= provided, however, that ti`ie operation of said 'line and the ownership of aa:id line :,hall be subject to all tie rules and regulations of the City of corpus Christi pertaining thereto and it is uncerstood w d agr(.ect t�tRt tI 7'eveloperz are to retain control over that portion of the line outside the City lirsits as wall as the lateral lime without the boundaries of the Lexington instates . "ub- divisions, as shown on maps on file in the Office of the Director of Public .corks, Corpus Christi, Texas, and beinE described as follows% A 6" line laid in the 5' easement along the V. line of Blacks 1 and 2, a 4" line laid in the 10' easement through the center of Block j, a 4" line laid in the 10* sasement through the center of block 1,, a 4" line laid in the 10, easement throLa z; tiie eertor os' :loo . I 1. a !i" lira laid in the 101 easement through true center of Block 6, a 4" line laid in the 101 easemenm throui;h the center of Block 'j, a b" line laid in the 109 easement through the center of Block G, a 6" lino aloe t'.mo southwest -p. ,. line of McArdle ; Drive extending from the onsemont in the rear of Flock 2, to the easement in the center of ',look e, raid a 5" line slor>y; the N.G. night- of-way line of Laxington Boulevard extending from the easement in the rear of ilock 1 and the easement in the center of Block 8, all in lazington Rotates :subdivision. but it is especially provided plat the City shall have control of all per- sons who anall connect onto or tap into said line, either for the purpose -2- of personal service or for the purpo >e of lateral lines to be rua down aoross streets or elsewhere, subject to certain ,rovisions as herein- after set out. 3• Inn City agrees t;<Yat it will not iss,ae a permit to a4v person, nor will it allow dry person, to connect onto or tap into such line for any purpose ■o long as said line remains the property of 1evelopers, un- less the Department of r'.blic forks of said t,_ty }tas received a written comrunication from said t'evelopem permittii }, s zeh correction and proviciI ng that any person, including Developers card such other persons as racy at the completion of said line, or in the futtav& be connected to said line, will be c4arged and subject to all the regular charges of the City for connsetin� to said line, as i,.oreinafter provided, 4- It is understood 1n1 and *between both the City and Javelopers tl ;at evelopers intend to pay for the water lire -�.d that t ?,e total cost of said line will be approximately Nineteen Thousand T`.1ree Hundred aazd Vive iollara (,19,305.00), and that ;evelopers are interested in t ;stting at beast H portion o.0 trio ;�:oney so exnerded re,:arnoa co t:iem, anC ufiat in order to do so, it will " neftsaarf ti,at tizoy charge to any person, firs or corporation, who desires to connect onto such line, the sum of One Hundred 6ollars (5100.00) per acre to be served by said connection onto or tap into the line constructed by the isvolopers, or a pro rata portion of such charge for a portion of an sore to be so served ky a tap or connection, and st:oh charge per acre, or pro rats charge for a portion of an acre, shall ba uric 0,11y charge to 'oe made o-, Developers, which charge is to be paid by such persona as will connect the said water line for the privilege of using same, and in no way grants arty particular interest in said line to a-ch connectors, but the le�e,i title to the line constructed by Developers outaida tr& City limits shall remin in the ':avolopers and it is further undors`ood t;Lat this fee ftr eorceactinr onto said line, which is pkrable to "Jovolopers, as herein sot out, is separate and apart from and does not include srtr. Pees and c.:iar, -,es as the City ordinarily makes -3- for connecting to City water line by customers who live outside the limits of said City, such foes due the City shall have to be paid to the City in addition to and separately and apart from said fee charged by said Developers. 5. It is further agreed that any customer for water service who desires to connect to the water line herein contemplated, shall, after I:avin,- nurchased from Developers clnca rivile „e of usin_: sale” line, and as ^twr payinr is ae said City such charges as ordinarily are made to out. side City limits coneumers, will be further obligated to pay the regular outside City limits water service monthly rates, and said '.;evelopora agree to advise customers deairing to connect onto said line of such fact. G. It is further understood and agreed that said line is to service only adjacent property located within 1200 feet from said line or from said sub - division to be served. 7. It is understood between the parties hereto that the Developers do nct intend or contemplate the making, of profit from the builc.ir =g of tinis water line and realize that they must stand a lt,rge portion of the oxpoiases iz: so constructing and laying, said lire ar_d, therefore, said Developers agrroe that when and if the area in which slid life is located becomes a part of Vie City of Corpus Ghriati, Texas, then that said -Developers will lwwdistely transfer, nn and deliver to the i:ity title to the entire water line, and all rij;iits and easements appottenant thereto, or if, before such area becomes a part of the city of Corpus Christi, the said evelopere have received from persons in that area in fees and charges for conneottn, and tapping onto said water line. a sum total equal to Ten rhousand ;chars (:.'I0.000.00 }, then, and in that event, said wvelo-,mr will im-diately thereafter convey, transfer and assign to said City the said legn.l title to said line and all rights and easements appur- tenant t:acreto, it bein;„ understood that all trnneaetions had by developers �I- with the residouts in that partioular ;.rea or other places relative to the water line contemplated in this a- reament, will be carried on in s+ach a manner RU twat ;evalopers will be able to convey good and marketable titls to said grater line Herein described and, as further protection to the City, the title conveyed, transferrod Band aeeigned to tine City, whon such transaction occurs, shall be by instruumnt,s warranting such title to said mater lice. Developers further agree to troop aciayi+ate rocords of trans- actions between thexselves and all parsons, finw or corporations, tapping or connecting to tile water line inorein contemplated, shmving the amrcunt of monies received. by Developers from said persons, firr_-s :.utd corpora- tions a$ tu,;pzng or coameetinq charges, and that euca record., snrll be open at all times for ins- ection by the . -i :j. si i.a >ndersto,:d that after said line has boen eompipted, all eennections to Bt'u7ja seal be zmde in accorda::ce wit =i the ploablhL ordi- approval of the t:arnees and such other City ordinaziees as 6overn, and wit }x th,!. Department of 'ubllo :;orks of the 'Utr, and it is here set out for the purpose of bettor understanding, that the out-ire line, constructinG. and connecting onto said line auc 'u'ze further rnaintora ;::ce of said line must be under the siq[urvision o; said City .nor the reason tAat when 1U d if said City :.hall take over the actual title to said line, it will not be placed in the position of havinf, to remedy any defeats which might occur should such supervision not be had. R)'F.Cli' 1:D ir. duplicate this day of August, 19147. 1 3. GJW ILEs` A."... T. 7. ?SoA] i i. ;, JP.. CITY OF CORnS ClLkl!:Tl. MA2 ATTEST, iv My u alter City . ore r+J COLNTEMIG3?Sii, APPROVED AS TO i,LGAL FORM, ay Controller City Attorney Assistant Cy Attorney SECTION 2. The fact that it is necessary to provide water facilities for the residents of Lexington Estates Sub - Division 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 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 September, A. D. 1947• C i Corpus isti, Texas ATTESTt -ity-Seare ary APPROVED AS TO LEGAL FORM% 1 •yk g orney Assistant city Attorne y Corpus Christi, Texas September, 1947 TO THE 1E9BERS 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, City of Corpus Christi, Texas The Charter rule was suspended by the following vote; Wesley E. Seale George R. Clark, Jr. 4u, John A. Ferris R. R. Henry Joe T. Dawson The above ordinance was passed by the following vote: Wesley E. Seale George R. Clark, Jr. John A. Ferris R. R. Henry , Joe T. Dawson 2f TO