HomeMy WebLinkAbout16481 ORD - 08/19/1981sp;8/14/81;lst
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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