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HomeMy WebLinkAbout16481 ORD - 08/19/1981sp;8/14/81;lst r , AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH ARTHUR D. LYNN, JR., DBA A.D. LYNN COMPANY, DE- VELOPER OF LOT 3, BLOCK 16D, LOKEY SUBDIVISION, TO PERMIT THE DEVELOPER TO UTILIZE A FOUR INCH PLASTIC PIPE FROM LOT 3 TO SOUTH STAPLES STREET ACROSS RIGHT- OF-WAY PROVIDED BY THE OWNER OF LOT 2 (CURRIE'S INC.,) FOR A TEMPORARY SANITARY SEWER MAIN, UNTIL SUCH TIME AS A PUBLIC MAIN IS AVAILABLE TO LOT 3; PROVIDING FOR THE PAYMENT OF $3500 TO THE CITY BY DEVELOPER FOR HIS PRO -RATA SHARE OF THE ESTIMATED COST OF A FUTURE SEWER LINE ALONG HIS WOOLDRIDGE DRIVE FRONTAGE AND A TAP FEE OF $100; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be and he is hereby authorized to execute an agreement with Arthur D. Lynn, Jr., dba A.D. Lynn Company, developer of Lot 3, Block 16D, Lokey Subdivision, to permit the developer to utilize a four inch plastic pipe from Lot 3 to South Staples Street across right-of-way provided by the owner of Lot 2 (Currie's Inc.,) for a sanitary sewer main, until such time as a public main is available to Lot 3. SECTION 2. That the developer will pay to the City $3500 for his pro -rata share of the estimated cost of a future sewer line along his Wooldridge Drive frontage and a tap fee of $100. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need to authorize execution of the aforesaid agreement to provide a temporary sewer main as described, such finding of an emergency is made and declared re- quiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this /9 day of August, 1981. ATTEST: City Secretary MAYOR THE ' TY OF CORPUS CHRISTI, TEXAS APPROVED:/d DAY OF AUGUST, 1981 J. BRUCE AYCOCK, CITY ATTORNEY ,, / ByjCi,� iant C1Cy MICROFILMED 16181 SEP 271984 THE STATE OF TEXAS COUNTY OF NUECES 4 CONTRACT KNOW ALL MEN BY THESE PRESENTS: This contract and agreement providing for temporary sanitary sewer service is executed by and between the City of Corpus Christi, hereinafter referred to as "City", and Arthur D. Lynn, Jr., hereinafter referred to as "Developer"; WITNESSETH: Whereas, developer is owner of a portion of Lot 2, Block 16D, Lokey Subdivision, being the southeasterly 175' of said Lot 2 and further being proposed to be replatted as Lot 3, Block 16D, Lokey Sub- division; and Whereas, developer has entered into certain agreements with his grantor, Currie's Incorporated, owner of the original Lot 2, Block 16D, Lokey, located at 5990 South Staples Street, for an easement and construction of a temporary 4" sanitary sewer line connecting developer's tract to an existing 8" sanitary sewer main in South Staples Street; and Whereas. developer is desirous of utilizing said 4" sanitary sewer as a temporary means of providing the required sanitary sewer service to his property until such time as a public sanitary—sewer line becomes available at the property line of developer's tract; and Whereas, City is agreeable to acceptance of the sewer con- nection as herein provided on a temporary basis only in lieu of developer's compliance with requirements of City platting ordinance on the terms and conditions as hereafter set forth. Now, therefore, for and in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: 1. That developer provide City with a written agreement or easement from Currie's Incorporated to developer permitting the construction and maintenance of a 4" sanitary sewer line across Lot 2, Block 16D, Lokey connecting developer's tract to the South Staples Street sewer main. 2. That developer provide City with construction plans for said temporary 4" sanitary sewer line as described hereinabove. 3. That City will issue developer the appropriate permit for the construction and use of said temporary 4" sanitary sewer line. 4. That developer will tender payment to the City upon execution of this agreement the sum of $3,500 as its pro -rata share of the estimated cost of construction of a permanent public sanitary sewer line in accordance with City's ordinance requirements and master sanitary sewer plan. 5. That developer will tender payment to City upon execu- tion of this agreement the sum of $100 which sum repre- sents the current sanitary sewer tap fee. 6. That upon written notice by City's Director of Utilities to developer that City's sanitary sewer main is available at the property line of developer's tract, this Contract and agreement shall terminate, said temporary sanitary sewer service as provided herein shall be discontinued, developer shall forthwith proceed to make the necessary sewer line extension at its expense and shall make the connection at such point as the City's main is available to the property line of developer. Witness our hands this /9 day of , 1981. ATTEST: City Secretary APPROVED: % DAY OF G4A , 1981: J. Bruce Ack, C y Attorney CITY OF CORPUS CHRISTI Developer: A. D. Lynn Company Arthur D. Lynn, Jr. R. Marvin Townsend City Manager Corpus Christi, Texas day of TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date It is. introduced, or at the present meeting of the City Council. Respectfully, Respectfully, , 1981 Council Members //` MAYOR ' THE CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the following vote: Luther Jones Betty N. Turner Jack K. Dunphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky 16481