HomeMy WebLinkAbout16748 ORD - 12/09/1981AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH TUCKER PROPERTIES PROVIDING FOR RELOCATION OF
AN INTERIM LIFT STATION IN CROSSGATE SUBDIVISION TO A
LOCATION 640 FEET WEST OF SOUTH STAPLES STREET AND
PROVIDING FOR THE DEVELOPER CONSTRUCTING THE FUTURE
GRAVITY LINE TO SOUTH STAPLES STREET WHICH WOULD
TAKE THE TEMPORARY LIFT STATION OUT OF SERVICE; 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 Tucker Properties providing for relocation of
an interim lift station in Crossgate Subdivision to a location 640 feet west
of South Staples Street and providing for the developer constructing the
future gravity line to South Staples Street which would take the temporary
lift station out of service, a substantial copy of which agreement is
attached hereto and made a part hereof, Exhibit "A".
SECTION 2. That upon written request of the Mayor or five Council
members, copy attached, to find and declare an emergency due to the need of
executing the aforesaid agreement so that the lift station in Crossgate
Subdivision can be relocated at the earliest possible time, such finding of
an emergency is made and declared requiring suspension of the Charter rule
as to consideration and voting upon ordinances or resolutions at three
regular meetings so that this resolution is p ssed and shall take effect
upon first reading as an emergency this the day of December , 1981.
ATTEST:
Ci Secretary
APPROVED:
___DAY OF DECMEBER, 1981
arney
MAYOR
THE CI— OF CORPUS CHRISTI, TEXAS
16748
££EP 28 1984
MICROFILMED
AGREEMENT
THE STATE OF TEXAS
COUNTY OF NCECES X
THIS AGREEMENT is entered into between the City of Corpus Christi,
hereinafter called "City", and Tucker Properties, hereinafter called "Developer',
of a 67.99 acres subdivision known as Crossgate Subdivision.
WHEREAS, construction of Crossgate Subdivision (formerly Club Estates
No. 6) is essentially completed in accordance with "City" Platting Ordinance
standards; and
WHEREAS, by Ordinance No. 16462 dated August 12, 1981, "City" agreed
to permit "Developer" to install a temporary sanitary sewer lift station to
provide interim service to said subdivision; and
WHEREAS, said lift station by referenced agreement is required to be
built along the South Staples Street frontage of Crossgate Subdivision; and
NOW, THEREFORE, the "City" and the "Developer" agree as follows:
1. The "City" will permit said lift station to be constructed
approximately 640 feet west of South Staples Street along Timbergate Drive as
shown in attached EXHIBIT "A".
2. "Developer" herewith agrees to construct the future gravity
line at "Developer's" cost from the lift station site to tie into the future
South staples Street trunk sanitary sewer which will intercept and take the
temporary lift station out of service. Said future intercept line is shown on
EXHIBIT "A".
3. "Developer" agrees to construct said intercept line as follows:
(a) Within 9 months of the South Staples trunk sanitary
sewer being installed; or
(b) Before any abutting property owned by Tucker Properties
and described as Club Estates Units 4 and 5 are platted
and plat filed for record. Club Estates Units 4 and 5
are those units for which a preliminary plat has been
filed with the "City" Planning Commission.
4. "Developer" will construct said temporary lift station and force
main at his own expense and will remove said lift station and have salvage
rights to same. Removal of lift station is to be within 45 days afterthe lift
station intercepter line has been installed.
Page 1 of 3
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5. The "Developer" agrees to indemnify the "City" against any
claims arising as a result of this project.
' 6. The Agreement shall become effective and shall be binding
upon and shall inure to the benefit of the parties hereto and their respective
heirs, successors and assigns from and after the date of execution.
EXECUTED IN DUPLICATE, this the : day of , 1981.
ATTEST THE CITY OF CORPUS CHRISM
By
City Secretary Ernest Briones, Acting City Manager
APPROVED:
day of , 1981
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistance City Attorney
APPRO'. ED:
By
Assistant City Manager
DEVELOPER: TUCKER PROPERTIES
By•
John Tucker
By
Henry Tucker
THE STATE OF TEXAS X
COUNTY OF NUECES
BEFORE ME, the undersigned, a Notary Public in and for said County
and State, on this day personally appeared ERNEST BRIONES, known to me to be the
Acting City Manager of the CITY OF CORPUS CHRISTI, TEXAS, and the same person
who signed the foregoing instruments and acknowledged to me that he executed the
same as the act of the CITY OF CORPUS CHRISTI, and as Acting City Manager, there-
of, for the purposes and considerations therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of
, 1981.
Notary Public in and for Nueces County, Texas .
Agreement - Crossgate Subd.
Page 2 of 3
THE STATE OF TEXAS X
COUNTY OF. NUECES X -
•BEFORE ME, the undersigned authority, on this day personally appeared
JOHN TUCKER, known to me to be the person who signed the above instrument and
he acknowledged to me that the same was executed for the purposes and consider-
ation therein expressed, and in the capacity of
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of
, 1981.
Notary Public in and for Nueces County, Texas
THE STATE OF TEXAS
COUNTY OF NUECES X
BEFORE ME, the undersigned authority, on this day personally appeared
HENRY TUCKER, known to me to be the person who signed the above instrument and
he acknowledged to me that the same was executed for the purposes and consider-
ation therein expressed, and in the capacity of
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of
, 1981.
Notary Public in and for Nueces County, Texas
Agreement - Crossgate Subd.
Page 3 of 3
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- .EXHIBIT
Corpus Christi, Texa
day of 1981
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,
Council Members
Respectfully,
MAYOR
THE CI Y OF CORPUS CHRISTI, TEXAS
The above ordinance was passed by the following vote:
LutheFJones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky