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Home My WebLink About04554 ORD - 06/13/1956n•w.mcm:� /y /�O AN ORDINANCE GRANTING TO ROY SMITH HOMES, INCORPORATED,, A TEXAS CORPORATION, A FRANCHISE TO CONSTRUCT A SANITARY SEWER LINE WITHIN THE DEDICATED RIGHT OF WAY OF MCARDLE ROAD IN THE CITY OF CORPUS CHRISTI, TEXAS, EXTENDING FROM BLOCK 9 MOUNT VERNON SUBDIVISION NO. b 2 THE INTERSECTION OF ZARSKY DRIVE IN THE CITY OF CORPUS CHRISTI, TEXAS; PROVIDING A LIMITATION ON THE CHARGES WHICH MAY BE MADE FOR CONNECTIONS TO SAID LINE; PROVIDING FOR THE TERM OF SAID FRANCHISE; PROVIDING FOR ASSIGNMENT OF SAID RA AND PROVIDING GENERAL PROVISIONS FOR THE EXER ISE OF THE FRANCHISE. BE IT ORDAINED BY THE CITYCOUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THERE IS HEREBY GRANTED TO ROY SMITH HOMES, INCORPORATED, A TEXAS CORPORATION, WITH ITS DOMICILE AND PRINCIPAL PLACE OF BUSINESS IN CORPUS CHRISTI, NUECES COUNTY, TEXAS, HEREINAFTER REFERRED TO AS GRANTEE, ITS SUCCESSORS AND ASSIGNS, SUBJECT TO THE TERMS AND CON- DITIONS HEREOF, THE RIGHT, PRIVILEGES AND FRANCHISE TO CONSTRUCT A SANI- TARY SEWER LINE WITHIN THE DEDICATED RIGHT -OF -WAY OF MCARDLE ROAD, A DEDICATED PUBLIC ROAD WITHIN THE CITY LIMITS OF CORPUS CHRISTI, TEXAS, THE CITY OF CORPUS CHRISTI GRANTING TO GRANTEE AND GRANTEE RETAINING UNTO ITSELF, ITS SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE AND FRAN- CHISE TO CHARGE OWNERS OF THE REAL PROPERTY FRONTING ON MCARDLE ROAD FOR THE DISTANCE ALONG WHICH SAID SANITARY SEWER LINE EXTENDS, A FEE OR TAP CHARGE FOR THE PRIVILEGE OF CONNECTING WITH OR TAPPING ONTO SAID SANI- TARY SEWER LINE, UPON THE CONDITIONS AND STIPULATIONS SET FORTH IN THIS ORDINANCE. SECTION 11, GRANTEE SHALL ERECT AND CONSTRUCT SAID SANITARY SEWER LINE FROM A POINT IN THE CENTER OF MCARDLE ROAD IN LINE WITH THE UTILITY EASEMENT TO THE REAR OF BLOCK NINE (9), MOUNT VERNON SUBDIVISION NUMBER THREE (3), A SUBDIVISION TO THE CITY OF CORPUS CHRISTI, TEXAS, THENCE EASTERLY DOWN MCARDLE ROAD FOR A DISTANCE OF 2,040 FEET TO A POINT IN THE CENTER OF MCARDLE ROAD WHERE MCARDLE ROAD INTERSECTS Z.ARSKY DRIVE, ALL AS SHOWN BY A SANITARY SEWER LAYOUT OF SAID LINE WHICH IS ON FILE IN THE OFFICE OF THE DIRECTOR OF PUBLIC WORKS OF THE CITY OF CORPUS CHRISTI. SECTION ti 1. UPON COMPLETION OF THE SANITARY SEWER LINE ACCORDING TO THE PLANS AND SPECIFICATIONS FOR SAME, GRANTEE HEREIN SHALL RELINQUISH UNTO THE CITY OF CORPUS CHRISTI ALL OWNERSHIP AND CON- TROL THEREOF, SAVE AND EXCEPT THAT RIGHT, PRIVILEGE, FRANCHISE AND INCIDENCE OF OWNERSHIP HEREIN RETAINED BY GRANTEE AND HEREIN GRANTED TO GRANTEE BY THE CITY OF CORPUS CHRISTI TO CHARGE AND LEVY THE TAP OR CONNECTION FEE AS HEREINAFTER SET OUT. SECTION IV. GRANTEE SHALL BE ENTITLED TO CHARGE A CONNEC- TION FEE OR TAP CHARGE TO THE PERSON, FIRM, OR CORPORATION SEEKING TO CONNECT WITH SAID SEWER LINE OF ONE DOLLAR ($1.00) PER FOOT OF LAND (ALL OR A PART OF WHICH IS TO BE SERVED BY SAID CONNECTION, THE FOOTAGE TO BE MEASURED ALONG A LINE DRAWN AT THE WIDEST PART OF SAID TRACT OF THE OWNER SEEKING THE CONNECTION, SAID LINE BEING DRAWN PARALLEL TO NCARDLE ROAD; AND PROVIDED, FURTHER, THAT GRANTEE SHALL NOT CHARGE OR RECEIVE MORE THAN A TOTAL OF TWO THOUSAND DOLLARS ($2,000.00 FOR ALL SUCH CONNECTIONS MADE. THE CHARGE MADE BY GRANTEE AS PROVIDED FOR HEREIN IN NO WAY GRANTS ANY PARTICULAR INTEREST IN SAID MAIN OR CONNECTING LATERMLS TO THE PERSON, FIRM OR CORPORATION MAKING SUCH CONNECTION; AND IT IS FURTHER ORDAINED THAT THE FEE FOR CONNECTING ONTO SAID SANITARY SEWER LINE PAID TO GRANTEE AS HEREIN PROVIDED FOR, IS SEPARATE AND APART FROM AND DOES NOT INCLUDE SUCH FEES AND CHARGES AS THE CITY OF CORPUS CHRISTI ORDINARILY MAKES FOR CONNECTION TO CITY SEWER MAINS OR LINES, AND SUCH FEES DUE THE CITY SHALL HAVE TO BE PAID TO THE CITY IN ADDITION TO AND SEPARATELY AND APART FROM SAID FEE OR TAP CHARGE MADE BY GRANTEE. NOTHING HEREIN CONTAINED SHALL BE CONSTRUED AS GRANTING TO GRANTEE THE RIGHT OR PRIVILEGE TO CHARGE PERIODIC SERVICE RATES, THE RIGHT TO MAKE SUCH MONTHLY OR PERIODIC SERVICE CHARGES FOR THE USE OF THE CITY SANITARY SEWER SYSTEM BEING RESERVED TO THE CITY OF CORPUS CHRISTI, AND GRANTEE AGREES TO SO ADVISE THOSE SEEKING TO CONNECT WITH OR TAP ONTO THE AFOREDESCRIBED SANITARY SEWER LINE TO BE ERECTED AND CONSTRUCTED BY GRANTEE HEREIN. -2- V. GRANTEE SHALL KEEP STRICT ACCOUNT OF ALL CONSIDERATION RECEIVED FOR CONNECTIONS MADE TO THE LINE SO INSTALLED BY GRANTEE AND INFORM THE CITY OF EACH AND EVERY AGREEMENT ENTERED INTO BY GRANTEE AUTHORIZING A CONNECTION TO BE MADE TO SAID LINE BY FURNISHING A BUSLI- CATE OF SUCH AGREEMENT TO THE DIRECTOR OF PUBLIC UTILITIES AND SUCH DUPLI- CATE SHALL CONSTITUTE AUTHORITY TO PERMIT THE CONNECTION TO BE MADE. VI. THIS FRANCHISE SHALL BE FOR A TERM OF FIVE (5) YEARS FROM THE DATE OF PASSAGE HEREOF, AND PUBLICATION AS REQUIRED BY THE CITY CHARTER OR UNTIL THE PAYMENTS FOR CONNECTIONS SHALL EQUAL $2,000.00, WHICHEVER FIRST OCCURS. VII. GRANTEE, SUBJECT TO THE PERFORMANCE BY IT OF ALL OBLIGATIONS HEREIN ASSUMED BY IT, SHALL HAVE THE RIGHT, SUBJECT TO THE CHARTER AND ORDINANCES OF THE CITY, AND THE TERMS AND CONDITIONS HEREIN- AFTER SET FORTH, TO EXTEND, REPLACE AND REPAIR ITS PIPEAGE SYSTEM NOW IN USE AND HEREAFTER CONSTRUCTED COEXTENSIVE WITH THE LIMITS OF THE TERRI- DESCRIBED TORY/IN SECTION fl, HEREOF, BUT SHALL RESTORE THE STREETS UPON WHICH THE PIPES ARE EXTENDED, REPLACED, REPAIRED, OR CONSTRUCTED, PUTTING THEM IN AS GOOD CONDITION AS BEFORE. GRANTEE SHALL BE REQUIRED, BEFORE DOING ANY WORK IN THE STREETS, TO FIRST NOTIFY THE DIRECTOR OF PUBLIC WORKS OF ITS INTENTION TO DO 50; ALL SUCH WORK SHALL BE DONE UNDER APPROVED SPECIFI- CATIONS AND SUPERVISION OF SAID DIRECTOR. TO THIS END, THE CITY HEREBY GRANTS AND CONCEDES TO GRANTEE THE RIGHT AND PRIVILEGE TO ENTER UPON, AND TO CONSTRUCT, OPERATE AND MAINTAIN ITS MAINS AND PIPES IN, UPON, ACROSS AND ALONG SAID PORTION OF SAID MCARDLE ROAD COVERED BY THIS FRAN- CHISE. ALL EXCAVATIONS MADE IN SAID STREET SHALL BE DONE IN SUCH A MANNER AS TO GIVE THE LEAST INCONVENIENCE TO THE PUBLIC; ALL WORK SHALL BE DONE SPEEDILY AND ALL EXCAVATIONS AND OPENINGS SHALL BE REPLACED IN GOOD CON- DITION AT THE COST AND EXPENSE OF GRANTEE, AND TO THE SATISFACTION OF THE DIRECTOR OF PUBLIC WORKS. GRANTEE SHALL HOLD THE CITY HARMLESS ON ALL CLAIMS FOR L05S DUE TO PROPERTY DAMAGE OR PERSONAL INJURY OCCASIONED BY THE ACT5 OF GRANTEE, ITS SERVANTS, AGENTS, CONTRACTORS, AND EMPLOYEES IN EXERCISING THE RIGHTS HEREIN GRANTED. -3- ALL DIRT, RUBBISH, AND MATERIAL LEFT AFTER THE STREETS, HIGHWAYS. ALLEYS OR OTHER PUBLIC PROPERTY HAVE BEEN RESTORED OR REPAIRED BY GRANTEE SHALL BE REMOVED BY IT AT ONCE. IF, AFTER SUCH RESTORATION OR REPAIRING, THE PLACES EXCAVATED AND REFILLED BECOME DEPRESSED OR 51NK BECAUSE OF WORK DONE BY GRANTEE SO AS NOT TO BE IN AS GOOD CONDITION AS BEFORE THE EXCAVATIONS WERE MADE, THEN, AND IN SUCH EVENT, GRANTEE SHALL AGAIN, AND FROM TIME TO TIME, AS NECESSARY, RESTORE SAID STREETS, HIGH- WAYS OR ALLEYS SO THAT SAME SHALL BE IN AS GOOD CONDITION AS BEFORE THE EXCAVATIONS WERE MADE, AND UPON GRANTEE'S FAILURE SO TO DO THE CITY SHALL HAVE THE RIGHT TO MAKE SUCH RESTORATIONS, FOR THE REASONABLE COST OF WHICH GRANTEE SHALL BE LIABLE TO THE CITY. SECTION V[I[. THE RIGHTS HEREIN GRANTED SHALL NOT BE EXCLUSIVE AND THE CITY RESERVES THE POWER TO GRANT LIKE RIGHTS FOR SIMILAR USES, SUBSEQUENT GRANTS, AND FURTHER RESERVES THE RIGHT TO EXTEND ITS OWN LINES IN THE TERRITORY COVERED BY THIS FRANCHISE. GRANTEE SHALL BE SUBJECT TO ALL ORDINANCES NOW IN FORCE AND ALL ORDINANCES THAT MAY BE HEREAFTER PASS- ED BY THE CITY COUNCIL. SECTION IX. NOTHING CONTAINED IN THIS FRANCHISE SHALL BE CONSTRUED TO BE A WAIVER OF ANY RIGHT WHICH THE CITY HAS OR MAY HAVE UNDER ITS CHARTER, HOMERULE POWERS, OR OTHER AUTHORITY TO ACQUIRE BY EXER- CISE OF THE POWER OF EMINENT DOMAIN ALL OR ANY PART OF THE PROPERTY OR PROPERTIES OF GRANTEE AT ANY TIME. THE FOREGOING ORDINANCE /W SS�READ AND PASSED TO THE SECOND READING ON THE DAY OF / / 1 �, 1956, BY THE FOLLOWING VOTE: - FARRELL D. SMITH W. J. ROBERTS f \ MINOR CULLI ))) B. E. BIGLER MANUEL P. MALDONADO THE FOREGOING ORDINANCE WAS READ THy SECOND TIME AND PASSED TO THE THIRD READING ON THE DAY OF /i�/f� , 1956, BY THE FOLLOWING VOTE: FARRELL D. SMITH W. J. ROBERTS MINOR CULLI B. E. BIGLER MANUEL P. MALDONADO THAT THE FOREGOING ORDINANCE READ FOR THE THIRD TIME AND PASSED FINALLY ON THIS THE DAY OF , 1956, BY THE FOLLOWING VOTE: FARRELL D. SMITH W. J. ROBERTS NIINOR CULLI B. E. BIGLER MANUEL P. MALDONADO PASSED AND APPROVED, THIS THE zi I, 1956. A CITY SECR T Y / APPRO�F,p LEGAL FORM 19 HAY 1956: ITY ATTORN MAYOR THE CITY OF CORPUS CHRISTI, TEXAS Y5 5y