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HomeMy WebLinkAbout02315 ORD - 07/20/1948AN ORDINANCE -1-3 /S­ AUTHORIZING AND DIRECTING THE CITY MANAGER TO EMOUTE A CONTRACT CN BEHALF OF THE CITY WITH NAT W. HARDY AND J. R. LOU, DEVELOPERS OF THE GEISTMAN TRACT SUBDIVISION COVERING TBE OPERATION OF A WATER LINE TO SAID SUBDIVISION AND DECIARING AN EMERGENCY. BE IT ORDAINED HY THE CITY CMOIL OF THE CITY OF CORPUS CHRISTI, TEXAS, MOTION 1. That the City Manager is hereby authorized and direoted to eaeoute a Contraot for and on behalf of the City of Corpus Christi with Nat W. Hardy end J. R. Laws, Developers of Geistman Traot Subdivision, a oopy of said Oontraot being attached hereto and made a pert hereof for all pertinent purposes. Brags as TMAA ¢ CCDDTY cy Nag= 4 WEERM. Hat W. Hardy and J. R. Lows of Raeces County. Teases we developing certain property known as the 9eistman Treat Subdivision, said property being located autaide the limits of the City, of Corpva Christi, and whiah property has been subdivided and is of record in the Map Records of Meows ComAVs Teaaaf end, WHRMS, the developers are now constructing a six -inch (60) oast iron water line in said subdivision because at the present time there are no facilities of this kind in this ieemdiste area, and such 'water line will contribute to the health and welfare of the residents of such subdivislonj and, MEREMS. the said City of Corp — Christi as desirous of assisting in working out a method whereby said water line am be oomeoted to the City water system and extend out to the amid Coistman Treat Subdivision, which will result in the greatest possible benefit to both parties] HCU.:TMRMM, In consideration of the premises and in consid- oration of the =Ual agreomants and covenants hereinafter set out, this agreement is me" sari entered into by and between Nat W. Hardy and J. R. Lowe, hereinafter called °Developers° and the City of Corpus Christi. Teae, a mualoipal oorparation, herei.aafter oalled "City, ae follows. 1. The Developers agree to oanstract a six -inch (60) oast iron water line to supply said Caiatman Treat Subdivision, said line to be laid out and completed in accordance with the plans and apeoifiostiom of the Director of public Works and in accordance with the provisions of the $ltrmbiag Crdinances of the City and each other osdinancea,as may control in the promisee. and such line shall be finally approved by the Director of public Works or the City. 2. The said water line as built by Developers will be paid for by Developers and shall be omed by Developers. and the City will be under no obligation to aid in any way in financing of said water line. Bald Developers shall continue to hold the legal title to Bush line and , can same until such area shall be annexed to the City of Corpus Christi and beoome a part thereof, or until such other occurrensee as Web" after provided$ Provided. however, tbat the operation or said line and the —rehip or said 11— 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 Developers are to retain Control over that portion of the lice outside the City limits as wall as the lateral lines witbia the boundaries of the Celstman Traot Subdivision* bat it is especially provided that the City shall have control of all persons iho shall connect onto or tap onto said line, either for the purpose of personal service ar for the purpose of lateral liras to be rum doon across streets or elsewhere, subject to certain provisions as herein- after set out. 3- It is understood by and between both the City and Developers that the Developers intend to pug for the water lira and that the coat of same will be approximately Three Thousand Bim Hundred Dollars ($3.9Ce.00). and that Davalopsrs ere interested in getting at least a portion of the money so expanded returned to tbam, sad that in order to do scs it will be necessary that they oharge any person who desires to soonest onto such line a reasonable Connection fee, such fee to be agreed upon by the Direator of Publio 'Utilities of the City and the Developerop and such fee shall be the only'aharge made by Developers, which charge is to be paid by such persons oa will oomiaot the said water live for the privilege of using some, and is no wavy grants W particular interest in said lion to such connectors, but the legal title to the Jim constructed by Developers outside the City limits ahell remain in the Dlevolopers and it is further understood that this fee for connecting onto said line. which is payable to Developers, as herein set out is separate sod apart from and does not include auoh fees and charges as the City ordinarily makes for connecting to City water lines by customers who live outside the limits of said City. such fees due the City shall be paid to the City in addition to and separately and apart from said fee charged by said Developers. !M 1't In furtber agreed that any custamor for water service who desires to connect to the water Lim herein contemplated, shell, after having purchased from Developers the privilege of using said Line, and after paying the said City such charges as ordinarily are made to out - s9.di;0ity limits consumers, will be further obligated to pay the regular outside City limits water service monthly rates, and said Developers agree to advise customers desiring to connect onto said ling of such fact. 5. it is feather understood and agreed that said line is to service only adjacent property located within 1800 feet from said line or from said subdivision to be served. 6. St is understood between the parties hereto that the Developers do not intend or oontezaplate the meldng of profit from the building of ,this water line and roelice that they moat stand a large pQ tion of the espamae in -so oonatruotiz and laying said Sine and. therefore. said Developers agree that when and if the area in which said line is located become a part of the City of Corpus Christi. Taws, then that said Developers will immediately transfer, sign and deliver to the City title to the entire water limo and all rights and sasemnts appurtenant thereto, or if, before such area become a part of the City of Corpus Christi, the said Developers have received from persons in that area in fees and oharges for connecting and tapping auto said water line, a aua total equal to One Thousand Throe Hundred Dallarn (61,300.00). then. and In that event. said Developer will immediately thereafter convoy, transfer and assiga to said City the said legal title to Mid line end all rights and easements appurtenant thereto# it being understood that all transactions had by developers with the residents in that particular area or other places relative to the water line contemplated in this agreement. will be carried on in such a manner so that Developers will be able to coney good and marketable title to said water line herein described and, as further protection to the City, the title conveyed, transferred and assigned to the City, whaa such trausactim ocoarc, shall be by inetramemba serraating each title to said eater lima. Developers further agree to keep adequate records of trans- actions betmeen themselves and all persona, firms or corporations, tapping or oolmecting to the meter line hernia contemplated, shoving the an at of m—los received by Developers from said persons, firms and corpora- tions as tapping or connecting ohargea, and -that such records shall be open at all times for inspection by the City. 7. It in understood the' after said line has been completed, all connections to same shall be made in accordance with the plumbing ordi- nances and such other City ordinances as govern, and with the approval of the Department of Public Works of the City, and it is here net oat for the purpose of better underatanding, that the entire line, oonstructing, and Connecting onto said line and the further mainto:ance of said lino must be —A r the supervision of said City for the reason that when and if said City shall tale over the actual title to said line, it will not be placed In the position of having to remedy any defects which might occur should such supervision not be had. EXWTW in duplicate this day of -71 . A. D. 1848. rV7Z71-T City ssaiEUMY APPAOWD AS TO UMU POM y Afterany e raey CITx OF OPUS MRISTI, TMMS 9A City =eager CCOVAMIGMMt BY o� i I M STM of ZZO QGM aF NMM BBF= MR.'the undersigned authority, on this day personally appeared H. H. Allan. City ronager.of the City of Corpse Christi, Toss, known to me to be the parson whose name is aubaorlbed to the foregoing instrument as City Manager of the City of Corpus Christi, and aolmowledged to. me that he ereouted the same in the oapaalty as such City Manager, for Us purpaeee end consideration therein expressed and as the act and deed of said City of Corpus Christi. Civea under ny hand and seal of offloa this the day of acme, A. D. 1946. . Irotary Mic In and for Nimeas County, Texas TB® STATE CF TEAS 6 BEFOM 19. the undersigned authority, on this day personally appeared Nat W. Hardy and J. H. Lose, knenm to pia to be the persona whose namae arw subeoribed to the rorsgoiag instrument and a.k— l.dged to me that they exeouted the same in the capacity therein stated and for the purposes and consideration therein w8procacd. Given under sy hand and seal of office Chia t're +day of June. A. D. 1948. Notary a in OrTOREFTEC-as County, Taxaa SECTION 2. The necessity for providing proper water supply for the citizens of Corpus Christi and the surrounding area oreatee a public emergency and public imperative necessity requiring the suspension of the Charter rule that no ordinance or resolution shell 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 suoh public amerganoy 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. PASSE AND APPROVED thie.,& day ofS; pJ D. 191x8. ATTESTS o ary APPROVED AS TO LEGAL FOM f i MAXOR City of Corpus C risti,f Teas. Corpus Christi, Texas 1948 TO THE D'MUMS OF THEI CITY COUNCIL Corpus Christi, Texas Gentlemen: For the reasons set forth in the emergency clause of the foregoing ordinance, a public amsrgeaoy 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, d i City of Corpus Christi, Texas The Charter rule was suspended by the following votes Wesley H. Seale George R. Clark, Jr, John A. R. R. Henry Joe T. Dawson The above ordinance was passed by the following vote, Wesley E. Seale George R. Clark, Jr. John A. Ferris R. R. H--17 :L— a3 Joe T. Dawson 15