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
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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
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