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
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