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HomeMy WebLinkAbout02232 ORD - 03/02/1948API ORDINANCE 2232 AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, TO ENTER INTO A CONTRACT FOR AND ON BEHALF OF SAID CITY WITH D. E. CLARK FOR INSTALLATION OF WATER AND GAS FACILITIES IN ALAMEDA ESTATES PTO. 3 SUB- DIVISION 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, be and he is hereby authorized and directed to enter into a contract for and on behalf of said City with D. E. Clark for installation of water and gas Facilities in dlameda Estates No. 3 Sub- division, a copy of which contract is attached hereto for all pertinent Purposes and reads as follows, to -wits �)� � -2— STATE OF TEXAS COUNTY OF NUECES 4 WARMS, D. ",. Clark of Nueoss County, Texas, is the owner and developer of Alameda Istatea No. 3 Subdivision in the City of Corpus Christi, Texas, and is desirous of supplying water and gas to the said .subdivision= NOW, MfAR 0x4�;, this agreement made and entered into this the day of February, A. U. 1946, by and between the City of Corpus Christi, Texas, a municipal corporation, acting by and through its duly authorised acents,herelnafter called "City". and L. l,. Clark of N ueoes County, Texas, hereinafter termed "Developer ", '61TNHS88THi 1. The City agrees for and in consideration of titre sum of Five Thousand Four Hundred and Twenty -throe ($5,423.00) Dollars cash in hand paid by the Developers receipt or which is hereby acknowledged erd oonfeesed, to furnish the necessary water lines to serve Alars©da Estates 3 ^ ubdivision ill conformity with the water line layout of said Subdivision prepared by liarry L. Hoag. a%ineer, and on file in the Office of the Director of Public 4orke of the City of Corpus Christi, reference to which water line layout plan is hereby made for all in- tents and purposes, said installation of said water line to be at the expense of the City. 2. The City agrees to construot and install at its own expense the 00008sary gas lines to serve said Alameda Estates Pic. 3 Subdivision, am determined by the Department of eublio Utilities of said City. 3. It is further agreed and understood that upon completion of this work all water and gas lines plaosd in said subdivision are to be- come the property of the said City. nd it is understood and a6roed that the developer conveys by the execution of this instrument all riiht, title, interest and claim he may have in and to any and all water and gas lines installed in acoordanoe with this agreement. b. It is understood and agreed that the City will begin work an installing said crater and gas lines as soon as reasonably possible, and will prosecute the work diligently to conclusion, in accordance with the terms hereof, but it is understood that said work is to be completed within one year from the date of this instrument, It is further under- stood and agreed that Lho parties hereto will cooperate with each other and that developer will hold up construction of the paving; of the streets in said subdivision until the said water mad gas lines have been laid; provided, however, that should any street be already laid, and it is necessary, in the course of complying; with this contract, that the City dig up any part of said street or streets, the City shall fill up such holes or ditches as it may have dug, but the City is under no obligation to regrads, resurface or retop any of such street or streets. :N dUTNIM'1 MIRE:T, the parties hereto have executed these presents this the day of February. A. L. 1948. CITY OF CORPUS C RIJTI, TEXAS By ATTESTx City Manager My Secretary APPROVED AS TO LEGAL FORMS City Attorney Assistant City A toi y D. 3. alark THE STATE OF TWSAS COUNTY OF NU$CSS b DEFORE ma, the undersigned authority, on this day personally appeared H. H. Allen, City Panager of the City of Corpus Christi, Texas. known to me to be the person whose Wane is subscribed to the foregoing instrument as City &Ianagsr of the City of Corpus Christi, and acknowledged to rW that he executed the snxne in the capacity as such City tanager, for the purposes azid consideration therein expressed and an the act and deed of said City of Corpus. Given under my hand and asal of office this the day of February, A. D. 1948. otary public, Nueoes Countyy:Texas THE STATE OF TVX&S COUNTY OF NUPCES BEFORE ME, the undersigned authority, on this day personally appeared A. ;;. Clark, known to me to be the person whose name is subecribed to the foregoing instrument and aoknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under ny hand end seal of office this the day of Fbbnaary, A. D., 1948. Natary Public. ITunces County, Texas SECTION 2. The necessity for providing adequate water and gas facilities for the citizens of 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 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 March, A. D. 1948. IMUR City of Corpus Christi, Texas ATTEST: i y r ary APPROVED AS TO LEGAL FORM: orney y ais an y Attorney Corpus Christi, Texas March —�,' , 1948 TO THE MMIBERS 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. all John A. Ferris R. R. Henry Joe T. Dawson The above ordinance was passed by th ollowing vote: Wesley E. Seale George R. Clark, Jr. John A. Ferris R. R. Henry Joe T. Dawson