HomeMy WebLinkAbout04279 ORD - 07/13/1955r -
P,�I'IO.II I -� r.F�;J 'J12EC�I TFIL CITY "d -,I +'G " Fl. i,'.D ON
;, \LF OF THE CITY OF CC: FU3 Ci iR IC I I T C ECUTc Adi
,JITI` (- !1T.IAL Mfi, iI'D LIGHT COAP'.NY. �Y
T11E CI1'( i:�I;LfS TG FUIlW'ISH A SI T'c FO.; 1=0„
11-7 SUPPLY OF FidEi, TO Tr1 .. -J T'-;f PUiiPINL ,T"T IC!'%
TO T _ TE,S, P.- QVl;,lW5 ) �C "IDITIC�. CCP,I-
I I ,i_b I G mil! I1) -V L_u 7 =i IT, A CC-' ^( OF WFI I '' I.i ,,TT: =::HED
Ii C„), IPa =:) ?� inE CITY COUIICIL CF I: E CITY OF ::C;P,S CH-1�I6TI,
TE(A3.
SECTI01 -I 1. THP,T TI -IL CITY i',AN,,GER FOR AND ON DEHALF OF THE i,ITY OF
COP?PUS CFFI ISTI ;F, AND HE IS HERE'CY, AUTHOi212'ED AND DIF]ECTED TO E „-CUTE hN
n., ,,c8F1ENT WITH CEIJTNAL PCWEIZ AND LIGHT CODiPAHY, WHENE3Y THE CITY AGRCES TO
FURh:IS :: A SITE FOR A SU1,STATION FON THE SUPPLY OF POWER TO THE RAW WATER
PUIFIPh3 CTATION, ACCOi;DIi!C Tu THE TEGb1S, PRCVfSIQNS AHD "CMDITICaS �O;21 riI IJED
IN SAID Aar EEHEIJT, A COPY CF hlHICH IS 'JTACIIED HEf9ETO AID 1dADE A PART F:FPEOF.
bECTION ... THE NECESSITY FOR EiJT E;;I iJ,_ INTO THIS COh;TN, +CT IN i„D':I;
THAT THE CITY i,11.Y SECURE ELECTGIC SERVICE, INCLUDING rLECT ;, (C POWER FOIL THE
F;ASI WATER LIFT STATION, PUMPS AND OTHER tAACHIHERY SUPPLYING WATER TO THE
STFVEItiS ;io,TE;: FILTI;4.TIvN PLAi!T C!CFATES A PUG'..IC EP;EF:G CfJCY AND AN IF:PEIZATIVZ
NECESSITY REO.UIRIP'G THE OUSPE:SION OF THE CHARTEII RULE THAT 1..) Ott
ur= 00LUT10!J ZH,,LL GE PASSED FINALLY ON THE DATE OF ITS IIITRODUC71O61 ;.ND TH,J
OUCH 0. "PDlld /,PJCE OR ,:ZSOLUTI O!: 5H✓;LL z,E "EAD AT THREE SEVERAL b!EETl;9GS OF THL
('.ITY CDUI'iCI L, A;ID THE Ml.YOF, HAVING DECLAPUD SUCH E�,E P:G Eid :Y APL i,:ECESSITY T6
E ?:IST, HEQUESTli.'- TAI' PUSPENSION OF SAID CHARTER RULE AhD THAT THIS URDMANCE
SE PASSED Fli1ALLY ON THE DATE OF ITS INTI:DDUCTIOH AND TAKE EFFECT AND CE 11-1
FULL FORCE AHD EFFECT FRO64 AND AFT °_I, ITS PASSAGE, IT IS ACCCR7INGLY PASSED
AND APP,'GVEJ, THIS THE DAY OF JULY, 1lJJ• Y�
YW
THE CITY OF CORPUS CHRISTI, TEXA,3
r'',TTE3T. _
17 Y :;ECi2ET
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APPRCiV "D lay TO "GAL Ft?;;Pi JULY 16 1`r,;:
QITY a7T0RN T.
THE .."TATE CF
COUNTY U
WHF;IUJi", under written contract dated July 30, 1954,
by nnd between the City of Corn.is Christi, ',' I exas, and J. D.
Oliphant and it. E. Laird, Individually anc7 &s _'z-astee, the City
of Corpus Christi, Texas, has the ri;7ht to acquire by parcijinse
or under t'De law of eminent domain, two tracts of land near
(3falallen, Nueces Gounty, "exas, identified in said contract and
described as follows:
TRACT 1:
79R57-N-NINIG at a point on the public road running
west of the Townsite of Calallan to U. S. Highway 77
at a point where the east line of the C. P. & L. 13P
K. V. transmission line intersects said western boun-
dary of said roadway for a place of bef-inninF'
'MENCE slonp the northeast boundary of the said
C. P. 8a L. transmission line rIFht of way to a -oint
5001 from the r1rht bank of the 14,ueces 'river for a
corner;
THENCE at rirht angles in a northeasterly direc-
tion 501 for n corner,
T'7N�Cj.' in a southeasterly direction narallel to
the northeastern bovindary of said C.
L. trans-
,mission line ri,,.-i.it of wa-
y and 501 therefrom to the
said public road for a corner,
TUICNGE along the western boundary line of o.aid
public road to the FIjXI,' CF BEGITITNIN'-, containing
approximately 1.64 acres.
T 'Vi C T 2:
,3- WlIN �N' at a point on the northeastern boundary
line of the said C. F. a, L. transmission line right of
way 5001 from the rirht hand bank of the Nueces River,
sage ebejn�- a corner of Tract I above described, for the
place of berinninf-,
UITNCE' in a northeasterly direct-Ion at riptit angles
to the said northeastern boundary line of the C. �: Tz.
trarqml,ssion line right of way 501 for a corner, being
also the northern corner of saki Tract 1 above described;
THENCE at riFht angles in a northwesterly direction
5001 more or less to the rif,,ht bank of the Iiueces diver
(being an exteniion of the northeast boundary line of
Tract I a, ' )ove extended in a northwesterly direc-
tion to the said bank of the said `uflces diver) for a
corner;
-- [7j.'.NICE
in a southeasterly direotI.on along the
meanders of the said h-ueces =fiver slonf- the right bank
thereof to a point 835T from said northern corner of this
tract located in the next previous call for a corner;
R
THENCE PARALLEL TO THE NORTHEAST BOUNDARY OP THI$ TRACT,
500' MORE OR LESS ABOVE CALLSO, 2W FOR A POINT TO A
CORNER OF THIS TRACT;
THENCE IN A NORTHEASTERLY DIRECTION TO THE PLACE OF
BEGINNING, CONTAINING APPROXIMATELY 6.7 ACRES;
TOGETHER WITH THE RIGHT TO POSSESS AND USE SAID LAND FOR MUNICIPAL PURPOSES; AND
WHEREAS, THE CITY OF CORPUS CHRISTI, TEXAS, HAS REQUESTED CENTRAL
POWER ANe LIGHT LONPANT TO FURNISH ELECTRIC SERVICE TO SAID PREMISES AND HAS
AGREED THAT CENTRAL POWER AND LIGHT COMPANY SHALL HAVE THE RIGHT TO CONSTRUCT
AN ELECTRIC SUBSTATION AND LINES UPON AND OVER SAID PROPt ft?Y; AND
WHEREAS, THE SAID CENTRAL POWER AND LIGHT COMPANY IS WILLING TO
CONSTRUCT SAID ELECTRIC SUBSTATION AND LINES AND FURNISH SUCH ELECTRIC SERVICE;
NW, THEREFORE, IN CONSIDERATION OF THE PREMISES AND OTHER GOOD AND
VALUABLE CONSIDERATIONS, IT IS AGREED OY AND DMCEN THE PARTIES HERETO AS
FOLLOW$&
1. CENTRAL POWER AND LIGHT COMPANY $HALL HAVE THE RIGHT
TO ENTER UPON THE ABOVE DESCRIBED PROPERTY AND CONSTRUCT,
OPERATE, MAINTAIN, RENEWS REPAIR AND REPLACE AN ELECTRIC BUD -
STATION AND LINES AT THE LOCATIONS SHOWN ON THE PLAT OF SAID
PROPERTY ATTACHED HERETO AND MADE A PART HEREOF, TOGETHER
WITH THE RIGHT OF INGRESS AND EGRESS;
2. CENTRAL POWER AND LIGHT COMPANY AGREES TD FURNISH
ELECTRIC SERVICE TO THE FACILITIES OF THE CITY OF CORPUS
CHRISTI, TEXAS, LOCATED UPON SAID PROPERTY UPON THE USUAL
TERMS AND CONDITIONS AND AT THE RATES APPLICABLE TO SUCH
SERVICE,
3. THE CITE OF CORPUS CHRISTI, TEXAS, AGREES TO ACQUIRE
TITLE TO THE ABOVE DESCRIBED PROPERTY, EITHER BY PURCHASE OR
UNDER THE LAW OF EMINENT DOMAIN, INCLUDING THAT PART THEREOF
WHERE SAID ELECTRIC SUBSTATION AND LINES ARE TO BE LOCATED, BUT
IN THE EVENT THE SAID CITY FAIL$ TO $O ACQUIRE SAID PROPERTY,
THEN THE SAID CITY AGREES TO INDEMNIFY. AND SAYE HARMLESS
CENTRAL POWER ANO LIGHT COMPANY OF AND FROM ANY AND ALL CLAIMS
AND DAMAGES CAUSED BY, RESULTING FROM OR, ARISING OUT OF THE
FAILURE TO ACQUIRE SAID PROPERTY.
4. THIS CONTRACT t8 MADE FOR YME EXPRESS AND SOLE
PURPOSE OF ENABLING THE CITY OF CORPUS CHRISTI TO SECURE
ELECTRIC SERVICE, INCLUDING ELECTRIC POWER FOR THE RAW WATER
SUPPLY LIFT STATION, PUMP$ AND OTHER MACHINERY SUPPLYING
WATER TO THE 0. N. STEVENS WATER FILTRATION. PLANT, AND IN
THE EVENT SUCH SERVICE to DISCONTINUED, THE RIGHTS OFTHE
CENTRAL POWER AND LIGHT COMPANY TO THE USE OF SAID LAND $HALL
BE AT AN END.
IN TESTIMONY WHEREOF, THE PARTIES HERETO HAVE CAUSED THIS INSTRUMENT
TO Be EXECUTED IN DUPLICATE ORIGINAL, THIS. THE DAY OF JULY, 1955.
CITY uF CORPUS CHRISTI, TEXAS
ATTEST:
BY
ITY SiCRETANY CITY MANAGER
APPROVED AS TO LEGAL FORHt
ITY ATTORNEY
CENTRAL POWER Ahl) LICHT COMPANY
A = S T,
By
Vice President
Assistant Secretary
T?E STATE CP TZ"
COUNTY OF 10ECES
- ORE YE, the underelfned authority, on this day
personally appeared TrUSSELL E. �YcCLURE, City '.,!ana ' ver of the City
of Corpus (1iristi, Texas, a Municipal Corporation, known to me
to be the norson and officer whose name Is subscribed to the
foregoing. instrument and acknowledpod to me that he executed the
same as the act and deed of said City of Corpus Christi, Texas,
for the purposes and consideration therein expressed and in the
capacity therein stated.
CIVEN UNDER V.Y HAND AND OF CFFICB, this the
day of June, 1955.
Notary Public In and for
Nuenes County, Texas
THE STATE OF TEXAS
COUNTY OF NUECES
jy4,,pORE IVE, the undersigned authority, on this day
personally appeared known
to no to be the person whose name Is subscribed to the foreminp,
instrument, and acknowledped to me that he executed the same for
and an the act arid deed of (;cntral Power and Li,71it iom-pany, a
corporation, ano as Vice President thereof, and for the purposes,
and consideration therein stated.
I'Y IIIAND AIJD FELL OF OKI CE, this the
day of June, 1955.
Notary MabjTc in and for
Nueces County, Texas
- 3
CORPUS ClRISTI, TEXAS
c
/f r,
TO THE MEMBERS "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 SUSPEN-
SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL
BE PASSED FINALLY ON THE DATE IT 15 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 A "ID PASS
THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING
OF THE CITY COUNCIL.
RESPECTFULLY,
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RUI.E WAS SUSPENDED BY THE FOLLOWING VOTE:
FARRELL D. SMITH
MINOR CULLI
e
W. J. ROBERTS
B. E. BIGLER
MANUEL P. MALDONADO
j
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: d
FARRELL D. SMITH 1
MINOR CULLI
W. J. ROBERTS
B. E. BIGLER
MANUEL P. MAL DONADO
4a �9