HomeMy WebLinkAbout04433 ORD - 12/28/1955• 4
AG:12/21/55
AN ORDINANCE
AUTHOR,] AND DIRECTING THE CITY P',IANAGER FOR AHD
OP! 3E L OF THE CITY OF CORPUS CHRISTI TO EXECUTE
AI! AGREEMENT WITH CEPITRAL POWER AbID LIGHT COI,IPANY,
iJHEREBY THE C ITY AGREES I, 3-
STATION FOR THE SUPPLY OF POWER TO THE RAU' WATER PUIMP-
IIvG STATION, ACCORDING TO THE TERMS, PROVISIONS AND
CONDITIONS CONTAINED IN SAID AGREEMENT, A COPY OF
WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, SAID
AGREEMENT BEING IN LIEU OF AN AGREEMENT AUTHORIZED
BY ORDINANCE NO. 4279, PASSED AND APPROVED ON THE
13TH DAY OF JULY, 1955; AND DECLARING AN EMERGENCY.
WHEREAS, ORDINANCE (•10. 4279, PASSED AND APPROVED ON THE 13TH
DAY OF JULY, 1955, AUTHORIZED THE EXECUTION OF AN AGREEMENT WITH CENTRAL POIJ£R
AND LIGHT COMPANY, WHEREBY THE CITY AGREED TO FURNISH A SITE FOR A SUBSTATION
FOR THE SUPPLY OF POWER TO THE RAW WATER PUMPING STATIONS AND
WHEREAS, CENTRAL POWER A,ND LIGHT COMPANY HAS REQUESTED THAT THERE
BE INCLUDED IN THE AGREEMENT A PROVISION THAT CENTRAL 'POWER AND LIGHT COMPANY
SHALL COI;TINUE TO MAINTAIN ITS LINES ACROSS THE LANDS OF THE CITY IN THE EVENT
THE 9EI,VICE TO THE CITY IS DISCONTINUED, UPON THE PAYMENT OF CERTAIN COMPEN-
"ATION TO THE CITY, AND IT IS NECESSARY AT THIS TIME TO AUTHORIZE THE EXECUTION
OF AN AGREEMENT IN LIEU OF SAID AGREEMENT AUTHORIZED BY SAID ORDINANCE N0.
4279:
NG0J, THEREFORE, 3E IT ORDAINED BY THE CITY COUNC11- OF THE CITY
OF CORPUS CHRISTI]; TEXAS:
SECTION 1. THAT THE 'vITY MANAGER FON AND ON BEHALF OF THE CITY
OF CORPUS CHRISTIBE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED TO EXECUTE ANA
AGREEME -NT WITH CENTRAL POWER AND LIGHT COMPANY, WHEREBY THE CITY AGREES TO
FURNISH A SITE FOR A SUBSTATION FOR THE SUPPLY OF POWER TO THE RAWWATER PUMPING
STATION, ACCORDING TO THE TERMS, PROVISIONS AND CONDITIONS CONTAINED IN SAID
AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF AND BEING
IN LIEU OF AN AG4REEME11T AUTHORIZED TO BE EXECUTED DY ORDINANCE ND. 112791 PASSED
AND APPROVED Oil THE 13TH DAY OF JULY, 1955-
SECTIOIJ 2. TI -IE NECESSITY FOR ENTERING INTO THIS CONTRACT IN ORDER
THAT THE CITY MAY SECURE ELECTRIC SERVICE, INCLUDING ELECTRIC POWER FOR THE
RAW WATER LIFT STATION, PUMPS AND OTHER MACHINERY SUPPLYING WATER TO THE 0. N.
STEVENS WATER FILTRATION PLANT CREATES A PUBLIC EMERGENCY AND All 114PERATIVE
NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE Or,
RESOLUTION SHALL BE PASSF_D FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT
"'8° U'CH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE REGULAP MEETINGS OF THE
cf 433
CITY COUNCIL, AND THE I`1AYOR, HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO
EXIST, REQUESTING THE SUSPENCI ON OF SAID CHARTER RULE AND THAT THIS ORDINANCE
DE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN
FULL FORCE AND EFFECT FIRI1 AND AFTER ITS PASSA3E2 IT IS ACCORDINGLY PASSED
AND APPROVED, THIS THE #IN,30 AY OF DECEMBER, 1957.
77-oR
THE CITY OF CORPUS CHRISTI, TEXAS
ATTEST,:-'%
- //' Z" A,
1
APPROVED A° TO LEGAL FORh9
DE EPIC „ 2,_1955
CITY ATTdRNEY
THE STATE OF TEXAS
COUNTY OF NUECES I
WHEREAS, under written contract dated July 30, 1954, by
and between the City of Corpus Christi, Texas, and J. D. Oliphant
and R. F. Laird, Individually and as Trustee, the City of Corpus
Christi, Texas, has the right to acquire by purchase or under the
law of eminent domain, two tracts of land near Calallen, Nueces
County, Texas, identified in said contract and described as follows:
TRACT l:
MUMiNG at a point on the public road running
west of the Townsite of Calallen to U. S. Highway 77
at a point where the east line of the C. P. & L. 138
K. V. transmission line intersects said western bound-
ary of said roadway for a place of beginning:
THENCE along the northeast boundary of the said
C. P. & L. transmission line right of way to a point
500' from the right bank of the Nueces River for a
corner;
THENCE at right angles in a northeasterly direc-
tion 50' for a corner;
THENCE in a southeasterly direction parallel to
the northeastern boundary of said C. P. & L. trans-
mission line right of way and 50' therefrom to the
said public road for a corner;
THENCE along the western boundary line of said
public road to the PLACE OF BEGINNING, containing
approximately 1.54 acres.
TRACT 2:
EMMMUNG at a point on the northeastern boundary
line of the said C. P. & L. transmission line right of
away 500' from the right hand bank of the Nueces River,
same being a corner of Tract 1 above described, for the
place of beginning;
THENCE in a northeasterly direction at right angles
to the said northeastern boundary line of the C.P. & L.
transmission line right of way 50' for a corner, being
also the northern corner of said Tract 1 above described;
THENCE at right angles in a northwesterly direction
5001 more or less to the right bank of the Nueces River
(being an extension of the northeast boundary, line of
Tract 1 above described extended in a northwesterly direc-
tion to the said bank of the said Nueces River) for a
corner,
THENCE in a southeasterly direction along the
meanders of the said Nueces River along the right bank
thereof to a point 835' from said northern corner of
this tract located in the next previous call for a
corner;
THENCE parallel to the northeast boundary of this
tract, 500' more or less above called, 200' for a point
to a corner of this tract;
THENCE In a northeasterly direction to the MCE
OF BEGIMM, containing approximately 6.7 acres;
together with the right to possess and use said land for municipal
purposes; and
WMEAS, The City of Corpus Christi, Texas, has requested
Central Power and Light Company 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 property; and
WHEREAS, the said Central Power and Light Company is
willing to construct said electric substation and lines and furnisl'.
such electric service;
NOW, THEREFORE, in consideration of the premises and
other good and valuable Considerations, it is agreed by and between
'.he parties hereto as follows:
1. Central Power and Light Company shall have the
right to enter upon the above described property and
construct, operate, maintain, renew, repair and rei�lace
an electric substation and appurtenant facilities and
electric lines, including poles, may wires and appurte-
nant facilities, 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 agr-eee to
furnish electric service to the facilities of the City
of Corpus Christi, Texas, located upon said property
upon the Company's usual terms and conditions and at
the Company's rates applicable to such service;
3. The City of Corpus Christi, Texas, agrees to
acquire title to 'the above described property, either
by purchase or under the law of e".1-tent domain, Includ-
ing that part thereof where said electric substation
,id lines are to be located; but In the event the said
City fails to so acquire said property, then the said
City agrees to indemnify and save harmless Central
Power and Light Company of and from any and all clalwt
and damages caused by, resulting from, or arising out
of the failure to acquire said property.
4. This contract is made for the express purpose
of enabling the City of Corpus Christi to secure
electric service, including electric power for the raw
water supply lift station, pumps and other machinery
mapplying water to the 0. N. Stevens Water Filtration
Plant, and in tae event such service is discontinued,
the rights of the Central Power and Light Company to the
use of said land for a substation site shall be at an
and, but the rights of Central Power and Light Company,
to use said land for the operation, maintenance, re-
newal, repair and replacement of said electric lines
stall continue in force and effect, provided that
Central Power and Light Company
shall pay to said City
the svzri of
for each pole and zuY
wire situateZ-177-573n i, I L .
-2-
IN TESTIMONY WHEREOF, the parties hereto have caused this
instrument to be executed in duplicate original, this the
day of July, 1955•
ATTEST:
y Secretary
APPROVED AS TO LEGAL FORM:
City Morney
ATTEST:
ss s 5eicreEary
THE STATE OF TEXAS j
COUNTY 04F NUECES
CITY OF CORPUS CHRISTI, TEXAS
t3y
City ger
CENTRAL POWER AND LIGHT COMPANY
By
ce PreMent
BEFORE ME, the undersigned authority, on this day person-
ally appeared RUSSELL E. McCLURE, City Manager of the City of
Corpus Christi, Texas, a Municipal Corporation, known to me to be
the person and officer whose name is subscribed to the foregoing
instrument and acknowledged 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.
GIVEN UNDER iaff HAND Aiv°D SEAL OF OFFICE, this tliG
day of July, 1955•
o ary Nblic in and ror
Nueces County, Texas
THE STATE OF TEXAS
COUNTY OF NUECES j
BEFORE ME, the undersigned authority, on thid day person-
ally appeared , known to me to be the
person whose name is subscribed to the oregoing instrument, and
acknowledged to me that he executed the same for and as the act and
deed of Central Power and Light Company, a corporation, and as Vice
President thereof, and for the purposes and consideration therein
stated,
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the
day of July, 1955.
Notary Public in and for
Nueces County, Texas
-3-
Corpus Christi, Texas
;;. ..: 1955
TO TIE 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 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,
MAYOR'
THE CITY OF CORPUS CHRISTI, TEXAS
The Charter Rule was suspended by the following vote:
Farrell D. Smith�'
Minor Culli
W. J. Roberts_��
e.
B. E. Bigler 4'
Manuel P. Maldonado w
The above ordinance was passed by the following vote:
Farrell D. Smith•'�_zlj
Minor Culli
W. J. Roberts
B, E. E. Bigler
Manuel P, Maldonado r
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