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HomeMy WebLinkAbout02261 ORD - 04/22/1948AN ORDINANCE a. 2 b AUTHORIZRIG AND DIRECTING THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEAS, TO 3XECDTE FOR AND ON BEHALF OF SAID CITY Ild AGRE=T iJIT3 HELDShFELS BROTHERS, ACTING THROUGH F. -u J. 3ELDENFELS, TRUSTEE., COVERING INSTALLATION OF WATER AND GAS LINES IN BALDWIN PARK SUBDIVISION IN THE CITY OF CORPUS QIMISTI, AND DECLARING API 31v*.' iG3NCY. BE IT ORDLI113D BY THE CITY COUNCIL OF M CITY OF CORPUS C13RIST1, TEAS, SECTION 1. That the City Manager of the City of Corpus Christi, Texas, be and he is hereby authorized and directed to execute for and on behalf of said City an agreement with Heldenfels 3rothers, acting through F. .r. F.eldenfels, Trustee, covering installation o. water e:-_d gas lines in Baldwin Park Subdivision in the City of Corpus Christi, a copy of which agreement is attaohed hereto and made a part hereof for ail intents and purposes and reads as follows, to -wit: sTATx or TUAS @ WHEREAS. Haldenfels DrathOrso acting through P. N. Hsldentels, Tr two of Nueoes County, Srxae. are the owners ,sad developers of Baldwin pat* Subdivision in the City of Corpuu Christi, Texaco and are desirous of supplying rater and gas to the said Subdivision) NCW, THERWM. this agreement wads and entered into this the _ flay of April, . U. 1948, by and between the City of Corpus Christi, Texaco a municipal corporation, actin6 by and through its duly suthoriwd agents. hereinafter called "City", and 2014sufsle Brothers, acting through F. af. HeldentelM, 'Trustee. of Nuwee County, Texas, here- inafter termed "Developer`, N I T N a S S S T H i 1. The City agrees to furnish the Developer the following described water pipe and fittings, to"witt quantity it" 2900• 6" C.I.n.J. pipe 4600. 4" C.I.M. J. Pips 120, 2" only. Steel Pips 1 24 x 6 Tapping sleeve : valve 2 24 x 4 upping alcove t Yale 1 B x 6 Tapping alwsw & Valve 1. 8 x 4 Tapping Sleeve a Yale 10 6" H. E. onto calves 13 4' H. E. case valves 3 2' Broad Data Yalns jy Piro Hydrant: 1 6 x 6 Cross 4 6 x 4 Crowson 8 6x6Toes 3 4 z 2 SSyle 80 Dressers 4 6" 1/Sth. Dead 12 4' I/ath. Send j 4" 1/4th. Sends jy 6 x 4 Reduwrs 31 Valve Bons d Lids 36 Long Sstensions 2 6 x 2 Mmdge Nipples 1 4 x 2 Swedge Nipple 3 2 x 2 Two and the Developer agrws to install said water pipe and fittings to wrw Baldwin Pads Subdivision in ocnforalty with the rater line layout of said subdivision prepared by H a m gnginssring Cosgatp and on file in the offioe of the Director of Public 4orks of the City or Corpus Christi, reference to which water layout plan is hereby safe for all inter and purposes, said installation of said water line to be at the expense of said Developers 2. Howver. said Developer &grew to return to the city at its warehouse the following described water pips and fittinges t* -wits @uantiiy Item 109 pieces of 6" xx Simples Pipe -Class 150 -16, lwngth 362 pieces of 4" San Simplex Pipe -Class 15o -16- Length 6 B b a Slaylox Va - all ends st 4" xz Simplex T-• - all ends a 5 614" xx dlmploz *roam - all ends a 3 4" 900 L's - bock ends xx 14 4" 450 Bead - body ends Yx 2 6 14" xx 8sduces small dad xx. other 2 plain 6 l 2" mm Reduces small and ax. other plain 2" and fit. steal pipe 7 4 x 2" a Rsdu*es .mall and zx. other plain 6 6" List ilk Rub Had pate Valves 17 4" Ditto 1 24" x 6" Tapping Sleeve k Valve 2 24` x 4" Tapping Sleeves k Valves 1 Be z 6" Tapping Sleeve a Valve 1 S" z 4" Yapping Sleeve a valw 31 62 Valve Bass; for above Valves. 316" Trench 31 Laos nit. rater lids 4 5" dydrmu, 316" Trsnoh, 6" iwb inlets Ground Lime Flange, 2 - 2j" Hose Nestles, 1 - Steamer C*anmetion Hydrants Aintsd Red - Alualam sap" a douse. Op.. Left said pipe to be turned over to the City in thr month of July, 1948, if possible, but in no event later than six months Prue the data of this ocntr&ct. The Developer covenants and agrees that the pipe to be deli. cared by it to the City &bow mentioned, Sha11 be free and clear of all liens and encumbrances. 3• Developer has placed in escrow with the auarenty Title and Trust Company the sus or Tan Thousand Three Hundred and Thirty -three Dollars and Thirte"m Cents ( ;10033.13). which is to be held by "aid Guaranty Title and Trust CaWwW until Developer has turned over to the City the pips and fittings mentioned in the preeoding paragraph in accordance with the terse of this contract, Then and in such eveat. and Upon proper evidsnoe being had that said pips and fittings have been paid for and no liens ar sozuazrmoow* are against them, then the "crew agent is to turn over said sum of money held in escrow to the Developer. ftt in the avant the Leveloper fails to deliver to the City the pipes and fittings described above ithin not later than six n the frwa te,s date of this instrument, then the escrow agent is to turn over to the 0ity the said sum of $10,333.13 and Said sum is to be used by said City to reimburse it for the cost of pipe and fittings used in said Baldwin Park Subdivision. However, it is understood and agreed that if and when a portion of said pipe is turned over to the City by the Developer, free and clear of 911 liens and easumbronoes, prior to six months from the date of this instrument, then the proportionate Part of the coney held by the escrow agent equivalent to the value of suoh pipe and fittings shall be at such time turned over to the Developer by the escrow agent, it being the intention of the parties that the pipe and fittings may be delivered in portions less than the whole during the period of Six months from the data of this instrument and the escrow agent is authorised to release the corresponding amount Of money to the Developer equivalent to the cash value of suoh portion of said pipes and fittings delivered. 4. the City agrees to Construct and install at its own expanse the neosssary gas lines to serve said Baldwin Park Subdivision, na determined by the Department of Public Utilities of said City. 5. It is further agreed and understood that ;upon Completion of this work all water and gas liras Placed in ;gaid subdtvision are to bs- came 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 he my have in and to any and all water and gas 'sae installed in asoordanoe with this agresmasi. 6. It is understood and agreed that the Dsveleper will begin work on installing said water and gas lines as soon as reasonably possible, and will proseoute the work diligently to conclusion. Sn accordance with the terms hereof, but it is Understood that said work is to be cusPistsd within one year from the date of this instrument. It is further understood and agreed that the parties hereto will cooperate with eaoh other and that dowloper will hold up canatruotich of the paving of tho streets in said subdivision until the said water and gws lines have been laidl provided, however, that should a4y street be already laid, and it is no" scary, in the course of complying with thin contract, that the City dig up mW part of said street or atreets, the City -hall fill up such holes or ditches as it may have dug. but the City is under no obligation to regrade, resurface or retop whip of such street Or streeta. I$ N1T5888 - �; ?1i:R1gGF, the parties hereto have executed then. presents this the dsy of April. ^. D. 1948- CITY OF CORPUS Cffi21STI, TUM ATTRSTh r seers APPROVED AS TO LEGAL FORM. Att orihel 1&LD0(FEL3 BROTHER ■ a t ornay M STATE OF TEYAS COUNTY OF XV=S Q WGRE NE, the undersigned authority, m this day personally appeared H. H. 311an, City Manager of the City of Corpus Christie Texas, known to ms to be the person whom* acme is subscribed to the foregoing instrument as MY Manager of the City of Corpus Christi. and acknowledged to we that he exsouted the same in the oapaot£y as such City liroager. for the Purposes and consideration therein expressed and as the cot and deed of said City of Corpus Christi. A ri1 , A. D. In under zW hand and goal of office this the P 918. day of wry o er s County, Texas TAIL Sun OF Tau b Comm OF It8 ¢ BU093 Ml. the undereigaed authority, on this day personally appeared p. 1Y. S*ld,nfele* rrust*e for Heldenfols Brothers. kcam to er to b* the person whoa* nose, is subaoribed to the fore.oing instrum,nt as trustee. and aalmawledged to me that Y G--tod the some in the oapaeity u Gosh Trusteea for. the purposes and considaration therein eapreased and an the aot and deed of said deldenfsla 5rothers. MEN under n6' hand and Goal of offioe this the day of April. L. D. ig4e. 0 In M for NAmeasta County, Texas S1=1011 2. The necessity for providing adequate water and gas facilities for the new subdivisions and additions to the City creates a public emergency and public imperative necessity requiring the sus- pension 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 YEayor 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 I5 ACCORDIidGLY SO ORDAINED. PASSED P_:D APPROVED this 3- day of April, A. D. 1948. 3 OR City of Corpus Christi, Texas ATTEST= APPROVED AS TO 13GAL FOM-- C t orney As Stan ty _ torney Corpus Christi, Texas April ,ZgL, 1948 TO T12 Ta.f9ERS OF THE CITY COUNCIL Corpus Christi, Texas Gentleman: For the reasons set forth in the emergency :louse 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 he passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three Aeetings or the City Council; I, therefore, hereby request that you suspend said Charter rule or requirement an pass this ordinance finally on the date it is introduced, or at the present mooting of the City Council. Respectfully, R City of Corpus Christi, Texas The Charter rule was suspended by the following -rote; eorge George Clare G R. Clark, Jr. John. A. ;Ferris R. R. Henry Joe T. Dawson The above ordinance was passed by the following vote; ;Vesley E. Seale George T. Clark, Jr. John A. Ferris R. R. Henry Joe T. Dawson aa�--(