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Home My WebLink About02192 ORD - 12/09/1947T- 1Z -EXAS, TO A "(,'MACT FO-- I L _2 Ti-" �'ITY ;111011 S ()',' . L11 ,1' 7 7 T`W P]-. TT 7 IT 73Y T[ 717 C' , y 0 Lj? 17 – Y , — if c _ I - Ii CU?,DSTI, TEL--. SiM10:1 1. Tlnat the 7ity —,naL;er Of Vqo City of corplus chrisbi is Incroby au'�'iorizod and directed to exoc-ute a contract for .,-d on be- "'Alf cf the City of Copus Cllri;ti, Texas, vit Jibsor. conccrnir.'- 7,ester 1-4iles locates in the yiT),,)ott to the Cib, of Corpus Texas, R coyly o." . J,l co ---,tract bein-5 attached lhereto a.nd nade a j' art hereto for all pertinent pur,,ozos. STATE OF TFMU COUNTY OF tniFECBS Q i9H:'sUAS, J. R. Gibson of Nueoee County, Texas, is developd.ng certain property known as Abbott Addition, said property being located outside of the limits of the City of Corpus Christi and which property has been sub - divided and is of record in the Map Records of Nueoes County, Texas; and, MBPReAS, the 1- mveloper has constructed a 4 -inch cast iron water line in said sub - division because at the present time there are no facilities of this kind in this immediate area, and such water line will contribute to the health rand ;w1fare of the residents of such sub- divisions and, liWMMS, the City of Corpus Christi, Texas, is desirous of assisting in working out a method whereby said water line can be connected to the City water system and extend out to the said Abbott Addition, which will result in the greatest possible benefit to both parties; NOW. TALUFMA, in consideration of the premises and in consider- ation of the mutual agreements and covenants hereinafter set out, this agreement is made and entered into by and between J. R. Gibson, hereinafter called "Developer" and the City of Corpus Christi, Taxes, a municipal corporation hereinafter called "the City ". WITN38SET$, 1. The Developer has constructed oaGt iron water line for the purpose of providing water for Abbott Addition, a description of said line being set out in a sketch of same which is attached hereto and made a part hereof for all intents and purposes, and said line is laid out and campleted in accordance with the pl.ai:a and specifications of the Director of Public ;Yorks and in accordance with the provisions of the Plumbing Ordinances of the City and such other ordinances as may control in the pre- mises. 2. Said water line so built will be paid for by "Develop ®r" and be awned by "Developer" and the City will be under no obligation to aid in any way in financing said water line and said "Developer" shall continue to hold the legal title to such line and arm such line until such area shall be annexed to the City of Corpus Christi and became a part thereof, or until such other 000nranoes as hereinafter provided= provided, how - ever, that the operation of said line and the ownership of said line shall be subject to all the rules and regulations of the City of Corpus Christi pertaining thereto and it is understood and agreed that the Developer is to retain control over that portion of the line outside the City limitai but it in exprssely provided that the City shall have con- trol of all persons who shall connect onto or tap into said line either for the purpose of personal service or for the purpose of lateral lines to be run down, across streets, or elsewhere, subject to certain pro- visions as hereinafter set out. 3. The City agrees that it will not issue a permit to any person nor will it allow any person to connect onto or tap into such line for any purpose so long as said line remains the property of the Developer, unless the Department of Public 1Iorks of said pity has re- oeived a written communioation from said Developer permitting such connection and providing that suy person, including Developer and such other persons as may at the completion of said lime, or in the future, be connected to said line, will be charged and subject to all the regular charges of the City for connecting to said line as hereinafter provided. 4. It in understood and agreed that the DaveloperAs to have the right to charge any person, firm, or corporation, who shall connect onto such line, a reasonable tap or connection fee, which charge is to be paid by such person as will connect the said water line for the privilege of using same, and in no way grants any part interest in said line to such connectors and it is further understood that this fee for connecting onto said line which is payable to Developer, as herein set out, is separate and apart from, and does not include, such fees and charges as the City ordinarily makes for connecting to City water lines for customers who live outside the limits of said City, such fees due the City shall have td be paid the City in addition to and separately and apart from said fee oharDpd by said Developers. 5. It is further agreed that any customer for grater servioe who desires to connect to the water line herein contemplated, shall, after having purchased from Developer the privilege of using said line, and after paying the said City such charges as ordinarily are made to out- side City limits consumers, will be further obligated to pay the regular outside City limits water service monthly rates, and said Developer agrses to advise customers desirin,, to canneot onto said line of such fact. G. It is further understood and abroad that said line is to service only adjacent property located within 1,000 feet from said line or from said sub - division to be served. 7. It is understood between the parties hereto that The Developer does not intend or contersplate t?ze: rmakin6 of profit from the building of this water line aiad realizes that he must stand a large portion of the expenses in ac constructi.'iL. and laying said line, and, therefore, said Developer agrees that when and if the area in which said line is located becomes a part of the City of Corpus Christi, Texas, then that said Developer will immediately transfer, sign and deliver to the City title to the entire water line, all connections thereto, and all rights ss:d easemwnts appurtenant thereto, or'if, before such area becomes a part of the City of Corpus Ghriati, the said Developer has received from persons in that area in fees and charges for connecting and tapping onto said water line, a sum total equal to Trsee Thousand Dollars (10.000.00). Vmn, and in that event, said Developer will immediately thereafter convey, transfer and assitp to said City the said legal title' to said line, all connections thereto, and all rights and easements appur- tenant thereto, it being understood that all transactions had by dedeloper- with the residents in that particular area or other places relative to the water line contemplated in this agreement. will be carried on in ruch a manner so that Developer will be able to convey good and marketable title to said water line herein described and, as further protection to the City, the title conveyed. tranoferred and assigned to the City, when such teransaotion occurs. shall be by instruments warranting such title to said water line. -3' Developer further agrees to keep adequate records of trans- actions between himself and all persons, firs or corporations, tapping or oonnectin,g to the water line horain contemplated, showing the amount of monies received by Developer from said persons, firma and corpora- tions as tapping or connsotin,6 charges, and that such records shall be open at all time for inspection by the City: 8. it is understood that after said line has been completed, all connections to saner shall be made in accordance with the plumbing ordi- nances ar:d such other vity ardivanees as govern, and with the approval of the Department of xublic storks of the City, used it is here set out for the purpose of better understanding, that the entire line, construct- ing, and conneotin6 onto aLid line and toliz, , iurthor maintenance of said line must be under the supervision of said Gity for the reason that when and if said City shall take over the actual title to said line, it will not be placed in the position of lmvinC. to remedy any defects which night occur s;,ould such supervision not be had. F.r:LCUN!j in duplicate dais day of, , , A. D. 194. Gibson, D eve leper CITY of Comm unisri, rmA3 ATTOST: By nager City Secretary APPROVED AS TO LL AL 20 Mt City Attorney Assistant City Attorney 2. The necessity for providing proper viater racl.lities For the residlerts of I,brott Addition creates a public and public imperative necessity requiri.-IL; the suspension of tho Charter rule that no ordinance or resolution ::Ilall Finally an t,ie daL-e, it is introduced rand t:it snei,, ordil-uice or resclulAr-11 stall be read at three several mretir.--, or the ",ity Council, Md the LF-yor havj.n� declared that ruch cmer,euy aiid imr-,r,,tive n cc�.J ty ei,J ImIlin . re-iest3d th, t rmx'h, Charter rule 1,o i- a', thls ordin,--ice bc; 'l-a'all" or. of i arid take effect an', 1-,1e ln Pull lo'ce from a..d -'tot 1T 1 , lf�,. ""T - ocretar ,)ity Of Corpus Christi, Texe.s acenber 9, 1917 TO Tif: air` Lau Or Tim; CITY COL CIL Corpus Christi., Taxas Gentlemen: For the reasons set forth i;: the emcrLercy cl_n.use of the fore; oin1; ordinacce, a public Pr.eruency avid ini erative necassit�,- oyli t Por the sti.spension of the Charter rule or requironert that o crdinenoe or rasobutlon be _used finally or t'n.e rlaio it is ir_trodiicca, ana `r�at a eh or,Unance or rasolution read at three ia. etinr °s of ,_e City Co�a.�cil; S, therefore, here -::y re-;nest that you suspend said Charter rule or requirer!ent ar_d pass this ordinance 'inall,', on the date it is introduced, or at the present meetin_Z of the City Council. .�. snectfully, T . UA City of Corpus Christi, texas T'ie ',Amer rule .vas suspended by the foll.or,inL mote: i�slef scale Ceorbe R. Clark, Jr. John A. orris a. P.. `1e11ry Joe P. Damon The above ordinance ivas passed ,oy. the ',llo-piir_ voto_ Georgia C1=1, -, Jr. Jom Ferris (J�� . nry --t— Joo T.a,vson