HomeMy WebLinkAbout10589 ORD - 11/24/197111- 24- 71:JKH
AN ORDINANCE
REPEALING ORDINANCE NO. 9923 AND THE AGREEMENT THEREBY
AUTHORIZED; AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT WITH IRA HAYLEY, ET AL FOR THE EXTENSION OF
A SANITARY SEWER COLLECTOR MAIN TO SERVE WESTERN HILLS
NO. 2, AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY
OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF,
AND MARKED EXHIBIT "A "; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. THAT ORDINANCE N0.9923, PASSED AND APPROVED BY THE
CITY COUNCIL ON SEPTEMBER 91 19701 BE AND THE SAME IS HEREBY IN ALL THINGS
REPEALED. IN LIEU THEREOF, THE CITY MANAGER IS HEREBY AUTHORIZED TO
EXECUTE AN AGREEMENT WITH IRA HAYLEY, DR. JOE WEBB, RAYMOND AIKIN, W. D.
HALEY, TONNIE SMETHERS, AND NOAH CUNNINGHAM FOR THE EXTENSION OF A SANITARY
SEWER COLLECTOR MAIN TO SERVE WESTERN HILLS #2, ALL AS MORE FULLY SET FORTH
IN THE•AGREEMENT, A COPY OF WHICH, MARKED EXHIBIT "A ", IS ATTACHED HERETO
AND MADE A PART HEREOF.
SECTION 2. THE NECESSITY TO IMMEDIATELY AUTHORIZE THE AFORESAID
AGREEMENT IN ORDER THAT SANITARY SEWERS MAY BE INSTALLED TO SERVE THE
WESTERN HILLS #2 SUBDIVISION, AS MORE FULLY SHOWN ON THE EXHIBIT ATTACHED
HERETO, CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY
REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLU-
TION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH
ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE
CITY COUNCIL, AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY
TO EXIST, AND HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE 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, THIS THE.�'/&DAY OF NOVEMBER, 19^71.
ATTEST: // 4
l
CITY SECR r MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
APPROYD:
DAY OF NOVEMBER, 1971:
/i�l.,/eg,. '/ 07'
CITY ATTORNE
j! . •
T'
TIIE STATE OF TEXAS
COUNTY OF NUECES
MHEREAS, THE CITY OF CORPUS CHRISTI, TEXAS ( "PARTY OF TIIE FIRST
PART ") HEREINAFTER CALLED "CITY ", AND IRA HALEY, DR. JOE IgEBB, RAYmoND AIICIN,
W. D. HALEY, TOIINIE- SI•IETHERS, AND NOAH CUNNINGHAM ("PARTIES OF THE SECOND ,K
PART ") BEING REFERRED TO AS "PROPERTY OWNERS" DESIRE THAT A SANITARY SEWER
LINE AS IS 1•IORE FULLY SET FORTH IN THE PLAN, A COPY OF WHICH IS ATTACHED
HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A ", BE EXTENDED TO THE PROPERTY
KNOWN AS WESTERN HILLS UNIT 1 AND 2 FOR THE PURPOSE OF PROVIDING THE I•IAIN
COLLECTOR LINE NEEDED FOR THIS SUBDIVISION.
NOW, THEREFORE, THE CITY AIJD IRA HALEY, DR. JOE WEBB, RAYMOND AIKIN,
W. D. HALEY, TONNIE SMETHERS, AND NOAH CUNNINGHAM AGREE AS FOLLOWS:
1. THE CITY WILL CONSTRUCT THE COLLECTOR SANITARY SEWER LINE. THE
CONSTRUCTION OF THE COLLECTOR SANITARY SEWER LINE BY CITY WILL 6E DONE BY
CONTRACT.' ,
2. PROPERTY OWNERS-AGREE TO REIMBURSE THE CITY AS THEIR SHARE FOR
THE COST OF THE COLLECTOR LINE A14 AMOUNT EQUAL TO THIRTEEN THOUSAND THREE
HUNDRED FIFTY AND 39100 ($13,350.39) DOLLARS. SUCH REIMBURSEMENT WILL BE
.MADE BY THE PROPERTY OWNERS TO THE CITY UPON COMPLETION OF THE CITY'S CON-
,• TRACT AND PRIOR TO ACCEPTANCE OF THE IMPROVEMENTS TO WESTERN HILLS UNIT 2.
. PROPERTY OWNERS ALSO AGREE TO EXTEND IN ACCORDANCE WITH THE CITY ORDINANCES
AND AT THEIR OWN EXPENSE THE SANITARY SEWER LINES IN THE WESTERN HILLS UNIT
2 PORTION.
3. THIS AGREEMENT MAY BE EXECUTED IN DUPLICATE, BOTH OF WHICH
SHALL BE CONSIDERED ONE INSTRUMENT. WHEN BOTH OF THE DUPLICATES HAVE BEEN
EXECUTED BY THE CITY, AND AT LEAST ONE DUPLICATE HAS BEEN EXECUTED BY THE
PROPERTY OWNER] THIS AGREEMENT SHALL BECOME EFFECTIVE AND SHALL BE BINDING
UPON AND SHALL INURE TO TI1E BENEFIT OF THE PARTIES HERETO AND THEIR RESPEC-
TIVE HEIRS, SUCCESSORS AND ASSIGNS. ,
WI'ITIC55 TH I s _ —_nnY OF , 1971 ,
Il:A -. IIAYLEY '
DR./ JOE i_IE66.
Al KIN
NOAH CUNNINGHAM
CITY OF CORPUS CHRISTI ATTEST:
BY:
CITY MANAGER
CITY SECRETARY '
APPROVED:
S s
DAY OF;�
1971:
CIT ATTORNEY
-
'j LEOPrRID ST. CV
HILLTOP
1 i _ HOSPITAL
I WESTER,R
HILLS
lj z UNIT I _
27 AC. 32.6 AC. . • / ;:
It 52.0 AC.
EXIST 18'j
— N ---e AROp n r = LINE
PROP I O �, L l i; _t. 8 ,' ,._,_': I J
GE PROP 15 "'LING
GALLIC v'ESTERI•d HILLS LINE T04 rf7Cst I
l OATE UM!T2 1r t
IRA E. JOHPd JJ1
HAYLEY ' B. 6 EDGAR !ll
36.2 AC. x f {ARi�JEY LIP, KENHO GER g FUTURE 18 n LINE ' f
19.4 AC
SCALE ! o-ob ;
WESTERIi HILLS -r --
SANITi-,RY SEV.'_R
3
CORPUS CHRISTI, TEXAS p ry
4 -A., DAY F
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
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,
REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI-
NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE
CITY COUNCIL.
RESPECT F LLY,
r�l
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY
THE FOLLOWING VOTE:
RONNIE SIZEMORE
a_A_d_�
CHARLES A. BONNIWE LL
ROBERTO BOSQUEZ, M.D.
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK
THE ABOVE ORDINANCE WAS PASSED BY
THE FOLLOWING VOTE:
RONNIE SIZEMORE
Li'^
CHARLES A. BONNIWELL
RoBERTo BoSQUEZ, M.D.
ICJ
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
�J
• GABE LOZANO, SR.
J. HOWARD STARK
X/