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Home My WebLink About02149 ORD - 09/09/1947AN 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, TEXASr SECTION 1. That the City D,mger of the City of Corpus Christi, Texas, be and he is hereby authorized and directed to enter into a contract with Lindale, Inc., a copy of which contract is attached hereto and made a part hereof and reads as follows, to -wit.. STA28 OF TRW � COUITTY OF RMCES W£CMMS, Llndala, Inc., a corporation with its principal place of businaaa bein;, in Corpus �hrlsti, Texas' is tho owner and developer of Lindale " ark °,ub-Division, Section 4. Second one -half, located in Rueoes County, Texas, and name fully described in the map or plat filed in the office of the County Clerk of Nueoes County covering such sub - divisions and, sMRRAS, such Lindale, Inc. is desirous of supplying water and gas to said sub - divisions MOO, TZIMMXon, T`ilS AGRMA9NT made and entered into this day of 5eptomber, 1947, by and between the City of Corpus Christi, Texas, a municipal corporation, noting by and through its duly authorised agexts, hereinafter called "City" and .i.indale, Inc„ R private corporation with its principal place of business in corpus Christi. Texas. G. R. ''wantuer being ?resident of said corporation and Janus Cordon btLn .eorstar7s horeinafter called "Develeoer ". W I T N S S 3 F T R 1. The City agrees for and in consideration of the sum of Seven Thousand Three 3iundred and Fifteen MJ15.00) Dollars cash in hand paid by the :ueveloper and receipt of which is hereby ac m mledged. to furnish the necessary water line for the geoond cno -,alf of Lindale Park Sub - Division, Section 4, and to install the same in the streets andutility sasouents therein, said water system to be furnished and Installed in accordance with water ley -out plan attached hereto and wade a part !*roof, "Or all intents and purposes. It is further agreed that in the event the actual cost of Construction of said water line, as determined by the City, is logs than ;7015.00, the City Woes to refund to the iloveloper tiie differsnee between tie® actual cost as determined by tiie City and aforesaid '7,315.00. It beint understood that there may be sons 110dificution in tho said plan by the 'Department of "ablic orks Of said City and Developer hereby expressly ratifies and approves, any such zsodifioatlona that may be made. $. The City further agrees to construct and install at its aem expense necessary gas lines to serve the second One-half of Lindale ),ark Sub- :Division, Section t,, as determined by the Department of Public Utilities of said City. 3• It is further agreed and understood that upem the oogletion of this work all water and lines placed in this sub - division are W become t1w proyorty of said City. Arid It is understood and agreed t�Lat the llOyalopor convey% by the execution of taS.s instrmnt all rl ht. .ltla, interest, wid olaim it inay hsve in and to a.W and all water Taal .4ws lines installer in accurdeu.,ce with this tE�TC�L<;os_t, to the Uty. 4. It Is undorstood and agreed that the City will begin work on installing saiC water and gas lines not later t1lba September 15, 1A7, and will prosecute the work diligently to conclusion, in a000rdance with the terms hereof. it is further understood and Vroed "that the parties hereto will cooporate with each other and that Developer will hold up construction of streets, curbs tuA gutters in said : ib- division until said water and gas lines heve been laids provided, howover, that should any street bra already laid and it is necessary, in the course a£ cmaplyir% with this oontract. that tiie City dig up any part of such street or streets, the City shall fill up such hole or ditches as it my have dug, but the City is under no obligation to regrade, resurface or retop any of much street or streets. J• This contract is to be binding upon the parties hereto. their successors and assigns forever. 04CUM in duplicate this day of September, A. D. 1947• CITY O CORPUS CHRI ^TI, TMUB ArMST s ;iy ty oretexy APPROVED AS TO Lr3OAL FORMs City O!'iy • s att 1-tterney ATTESTS LIKDALF, INC. e n STATE OF TRW CTMTY OF YnCES Before me, the undoralped authority, on this day personally appeared t6 ,I. lleA, City "wApr Of the City of Corpus Christi, knom to me to be the poraon whose nw.w in subscribed to the foregoing instru- 'gout an City 'tanager or the City of Corpus Christi. and acknowledged to m that he executed tho vww in the capacity as such City Managers for the purposes and consideration therein axgrenaod and as the act and deed Of said City of Corpus Christi. kliven under aV hand and seal of o,five this tia* day of 3,p9mi.r. A. D. 1947. NOR977 7Ublic in any or )haces 00—tya Texas STATE OF TUAS COTY..Ty W N."Urcr"S Before met the undersigned authority, an this day personally appeared ti* R* 6AVantrars PrGaiderit of LjnWe, Inc., knovn to me to be th* person whose natty is subscribed to the foregoinj., instrument as "r0sidAWAt, and iThe aok.;orloet;od t w m.a to be the "t of the corpora- tion, 0,-d t'lat he executed the sams for the purposes and consideration cherain expressed, and as the act of said corporation. Driven under my dk(j soul of 0 f.00 1,1 i,,j ,I *- of September, 190- x6tarY Public S and for ru`ssia County, texas SECTION 2. The necessity for supplying water and gas to Lindale Park Sub - Division, Section 4. second one -half, 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 -I— day of September, A. D. 191;7. l R City of Corpus Christi, Texas ATTEST: �^ V ' Y� City Secretary APPROVED AS TO LEGAL FORM-: Corpus Christi, Texas September � 1947 TO THE M MERS 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 re- quest 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, Y City of Corpus Christi, Texas The Charter rule was suspended by the following vote: Wesley E. Seale George R. Clark, Jr. John A. Ferris R. R. Henry Joe T. Dawson The above ordinance was passed by the following vote: 'yesley E. Seale George R. Clark, Jr. John A. Ferris" R. R. Henry /�- Joe T. Dawson 2_N�