HomeMy WebLinkAbout04575 ORD - 07/05/1956I MS: MEM
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXE-
CUTE FOR AND ON BEHALF OF THE CITY OF CORPUS CHRIST[
THE ACCEPTANCE OF AN ASSIGNMENT OF THE SANITARY SEWER
LINE CONSTRUCTED BY ROY SMITH HOMES, INC., ON MCARDLE
ROAD, EXTENDING FROM THE REAR OF BLOCK 9. MOUNT VERNON
SUBDIVISION NO. 3, EXTENDING EASTERLY 2,040 FEET TO A
POINT IN THE CENTER OF THE INTERSECTION OF MCARDLE ROAD
AND ZARSKY DRIVE; ASSUMING THE OPERATION AND MAINTENANCE
OF SAID SEWER LINE AS A PART OF THE SANITARY SEWER
SYSTEM OF THE.CITY; AND DECLARING AN EMERGENCY.
WHEREAS, THE SANITARY SEWER LINE AGREED TO BE CONSTRUCTED BY
ROY SMITH HOMES. INC., AND UNDER THE PROVISIONS OF A FRANCHISE HERETOFORE
GRANTED TO ROY SMITH HOMES INC., HAS BEEN CONSTRUCTED UNDER THE INSPECTION
OF THE CITY OF CORPUS CHRISTI, AND IS BUILT IN ACCORDANCE WITH THE STAND-
ARDS REQUIRED BY THE CITY; AND
WHEREAS, ROY SMITH HOMES, INC., IS DESIROUS OF DELIVERING AND
ASSIGNING SAID SEWER LINE TO THE CITY FOR THE MAINTENANCE AND OPERATION OF
THE CITY AS A PART OF ITS SANITARY SEWER SYSTEM, AND THE CITY IS READY
TO ACCEPT THE SAME.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. THAT THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI,
TEXAS BE AND HE 15 HEREBY AUTHORIZED AND DIRECTED FOR AND ON BEHALF OF THE
CITY TO EXECUTE THE ACCEPTANCE OF THE CONVEYANCE AND ASSIGNMENT OF THE
SANITARY SEWER LINE NOW IN EXISTENCE ON MCARDLE ROAD, EXTENDING FROM THE
REAR OF BLOCK 9, MOUNT VERNON SUBDIVISION N0. 3, EXTENDING EASTERLY DOWN
MCARDLE ROAD A DISTANCE OF 2,040 FEET TO THE CENTER OF MCARDLE ROAD AT THE
INTERSECTION OF ZARSKY DRIVE IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY,
TEXAS, A COPY OF WHICH ASSIGNMENT TO BE SO ACCEPTED 15 ATTACHED HERETO AND
MADE A PART HEREOF.
SECTION 2. THE NECESSITY FOR THE MAINTENANCE OF SAID SEWER
LINE AS A PART OF THE SANITARY SEWER SYSTEM CREATES A PUBLIC EMERGENCY AND
AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE
THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS
INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE
4�5
SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED THAT
SUCH EMERGENCY AND 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� ORDAINED.
/ ✓
PASSED AND APPROVED THIS DAY OF JULY, 1956.
MAYOR
THE CITY OF CORPUS CHRISTI,TEXAS
A�T:
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CITY S&7 ARY
APPROVED AS TO LEGAL FORM
THIS_y DAY OF JULY, 1956:
CITY ATTORNEY,
COPY
W�+
FOR and in consideration of the sum of Ten Dollars ($10.00)
to it in hand paid by the City of Corpus Christi, the receipt of which
is hereby a mowiedged, Roy Smith Homes, Inc., a Texas corporation,
acting by and through its duly authorized officers, gives, grants, bar-
gains and sells unto the City of Corpus Christi, a municipal corporation,
the sanitary sewer which Roy Smith Homes, Inc., has constructed in the
Tight -of -way of WArdle Road, Corpus Christi, Texas, beginning at a
point in the center of McArdle Road in line with the utility easement
to the rear of Block Rine (9), Mmvt Vernon Subdivision Humber Three (3),
thence Easterly down McArdle Rood for a total of 2,040 feet to a point
in the center of licArdle Road where McArdle Road intersects Zarsky Drive,
giving and granting unto the said City of Corpus Christi all right,
title and interest in and to said sanitary sewer line, 8AVU AND EKCWT
that Roy Smith Homes, Inc., retains unto itself, its successors and as-
signs, that right, privilege, franchise and incidence of ownership
granted to Roy Raith Romeo, Inc., to charge and levy a certain tap or
connection fee as set out in a certain Ordinance Humber 4554 passed and
approved by the City Council of the City of Corpus Christi on June 13,
1456, to which reference is here made for all purposes.
The City of Corpus Christi by the acceptance of this sewer
line relieves Roy Smith Homes, Inc., of any and all obligations contained
in paragraph 7 of said Ordinance Humber 4554, and the City of Corpus
Christi agrees to accept and maintain said sewer lime sad to repair and
replace the same and any and all excavations made in MrArdle Road for
the purposes of repairing and replacing the same and any and all liability
which could be legally imposed upon the City by virtue of its ownership,
control and maintenance of said line.
is duplicate origimlls, this the ddW of dime,
1956.
Roy SKd''I was, 3m.
ATTEST:
BYY
, President
cret
CITY of fiARPUS CYYYa=
By: MSWU X. , City Mmager
T7 x WM, City Secretaxy
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CORPUS Cy ISTI, TEXAS
1956
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 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; S, THEREFORE, HEREBY REQUEST THAT
YOU SUSPEND SAID CHARTER RULE OR REQUi REMENT AND PASS THIS ORDINANCE FINALLY ON
THE DATE IT 15 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:
FARRE L! SMITH
MINOR CULL LLI
W. J. ROBERTS
a. E. BIGLER
MANUEL P. MALDONADO \
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
FARRELL D. SMITH
MINOR CULLI '
W. J. ROBERTS
l
8. E. BIGLER
MANUEL P. MALDONADO
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