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HomeMy WebLinkAbout11903 ORD - 02/06/197410:2- 6- 74:1st TEXAS: AN ORDINANCE AUTHORIZING A CONTRACT WITH MR. BOB E. DOLAN FOR WATER SERVICE OUTSIDE THE CITY LIMITS ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO, MARRED EXHIBIT "A ", AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager be, and he is hereby, authorized to execute a contract with Mr. Bob E. Dolan for water service outside the City limits all as more fully set forth in the contract, a copy of which is attached hereto, marked Exhibit "A ", and made a part hereof. SECTION 2. The necessity to execute the above referenced contract so that work may proceed on this project without delay 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 several meetings of the City Council, and the Mayor having declared that such emergency and necessity 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 February, 1974. ATTEST: r City Secret $d)_VED : �! 4FEBARY, 74: ty A MAYO THE CITY OF CORPUS CHRISTI, TEXAS 11903 Drnrr Mu 1 Iz/z6 STANDARD FORM CONTRACT FOR PROVIDING STATER WHERE PROPERTY IS SITUATED MORE THAN 100 FEET OUTSIDE CORPORATE LIMITS THE STATE OF TEXAS } COUNTY OF NUECES THIS CONTRACT AND AGREEMENT MADE AND ENTERED INTO IN DUPLICATE ORIGINALS BY AND BETWEEN (1) BOB r DOQN s OWNERS ), HEREINAFTER CALLED "OS:4dER(S ) AND THE CITY OF CORPUS CHRISTI,.TEXAS, A HOME RULE CITY OF MORE THAN 200,000 POPULATION, A MUNICIPAL CORPORATION AND BODY POLITIC UNDER THE LAWS OF THE STATE OF TEXAS, SITUATED IN NUECES COUNTY, TEXAS, HEREINAFTER CALLED "CITY ", FOR GOOD AND VALUABLE CONSIDERATION IN HAND RECEIVED BY THE PANTIES RESPECTIVELY AND UPON THE COVENANTS AND CONDITIONS HEREINAFTER STATED: W I T N E S 5 E H• 1 THAT OWNERS ARE OWNERS IN FEE SIMPLE AND OF ALL EXISTING RIGHTS, TITLES (IA) AND INTERESTS THEREIN OF ALL THE FOLLOWING DESCRIBED PROPERTY LOCATED IN NUECES COUNTY, TEXAS, GENERALLY DELINEATED ON THE MAP ATTACHED HERETO AND MARKED "EXHIBIT A° AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO —WIT: LOT 3, BLOCK 1,'STATEWAY SUBDIVISION i/ SUCH PROPCRTY IS SITUATED WHOLLY MORE THAN THREE HUNDRED (3OO) FEET BEYOND THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTIS AND, FURTHER, SUCH PROPERTY IS NOT EXCLUSIVELY DEVOTED TO THE PRODUCTION, MANUFACTURE, OR PROCESSING OF-PRODUCTS SHIPPED OR CAPABLE OF BEING SHIPPED THROUGH.THE PORT OF CORPUS CHRISTI. CITY AGREES TO DELIVER CITY WATER TO SUCH PROPERTY OR fO WATER LINES THEREON, IN ACCORDANCE WITH RULES AND REGULATIONS PROMULGATED AND AUTHORIZED BY SECTION 38 -62 OF THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI. OWNER(S) AGREE(S) TO CONSTRUCT ALL IMPROVEMENTS ON SUCH PROPERTY IN ACCORDANCE AND COMPLIANCE WITH THE CITY OF CORPUS CHRISTI SOUTHERN STANDARD BUILDING CODE, 1969 EDITION, 1971 REVISION, AS AMENDED, THE CITY OF CORPUS CHRISTI SOUTHERN STANDARD PLUMBING CODE, 1967 EDITION (ORD. NO. 962+) 1971 REVISIONI AS AMENDED, THE CITY OF CORPUS CHRISTI SOUTHERN STANDARD GAS CODE, 1965 EDITION, AS REVISED AND AMENDED, THE NATIONAL ELECTRICAL CODE, 1971, AS AMENDED, THE CORPUS CHRISTI ELECTRICAL CODE (ORD.'NO. 10832) AS AMENDED, THE CTY F.RE PREVENTION CODE, 1970 EDITICN:(AMERICAN INSURANCE ASSOCIATION) AS AMENDED, ALL LAWFULLY ADOPTED DEPARTM -NTAL RULES AND REGULATIONS APPLICABLE THERETO, AND SUCH OTHER REGULATIONS AND REQUIREMENTS AS THE CITY COUNCIL MAY DEEM NECESSARY AND LAWFULLY ENFORCE RELATIVE THERETO.' OWNER(S)'CONSENTS TO INSPECTIONS OF ALL SUCH CONSTRUCTION BY DULY AUTHORIZED INSPECTORS OR REPRE- SENTATIVES OF CITY DEPARTMENTS CHARGED WITH ENFORCEMENT OF SAID CODES. IV OWNER(S) AGREE(S) THAT AS TO ANY IMPROVEMENT THE APPLICABLE CODES SHALL BE THOSE IN EFFECT AT THE TIME OF COMMENCEMENT OF SUCH IMPROVEMENT. V OWNER(S) AGREE(S) AND UNDERSTAND(S) THAT A BREACH OF THE AFORESAID COVENANTS AND CONDITIONS SHALL RENDER OWNER LIABLE TO TERMINATION OF THE DELIVERY OF WATCR AND UPON A FINDING OF FACT BY THE CITY COUNCIL THAT ANY OF THE AFORE- SAID COVENANT; OR COIIDITICNS HAVE BEEN MATERIALLY nrEACHED, THE DELIVERY OF WATER TO.OUNER SHALL UC TLIVIINATED. VI All connections to the City water system shall be subject to the same rules and regulations regarding standards of installation and discon- nections for failure to pay charges, as consumers within the City limits. -2- • VII It is agreed by and between the parties hereto that all of the above conditions shall be binding upon the successors and assigns of the said Owner(s) and each of them, and shall contitute covenants running with the land. WITNESS OUR HANDS, this day of , 19 CITY OF CORPUS CHRISTI City Manager ATTEST: City Secretary APPRO Ci Attorney Capacity Address: &4"7 � —�� Capacity Address: Capacity Address: Capacity Address: Corpus Christi, Texas 4 day of , 19_4L/ 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 is 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. Respectfully, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark The above ordinance was passed by the following vote: Jason Luby James T. Acuff Rev, Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark