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Home My WebLink About021310 ORD - 12/31/1991AN ORDINANCE AUTHORIZING THE EXECUTION OF AN OUTSIDE CITY LIMITS - WATER SERVICE CONTRACT WITH COUNTRY CREEK PARTNERS, DEVELOPERS OF COUNTRY CREEK SUBDIVISION; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized to execute an Outside City Limits - Water Service Contract with Country Creek Partners, developers of Country Creek Subdivision, all as more fully set forth in the contract attached as 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 for immediate action necessary for the efficient and effective administration of City affairs, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at three regular meetings so that this ordinance is passe and shall take effect upon first reading as an emergency measure this the 3 1 day of (IL 01 do , 1991. ATTEST: City Secretary of-,/ MAYOR THE CITY 0 RPUS CHRISTI APPROVED: A3 DAY OF Mcw- 4 , 1991 JAMES R. BRAY JR., CITY ATTORNEY BY: �. A 'lc Cu'Fa u r Assistant City Attorney AGS000.078.kp 41310 matosue STANDARD FORM CONTRACT FOR PROVIDING WATER WHERE PROPERTY IS SITUATED PARTLY OR WHOLLY BEYOND CITY LIMITS THE STATE OF TEXAS COUNTY OF NUECES THIS CONTRACT AND AGREEMENT made and entered into in duplicate originals by and between Country Creek Partners Owners(s), hereinafter called "OWNER(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 the good and valuable consideration in hand received by the parties respectively and upon the covenants and conditions hereafter stated, WITNESSETH: 1 That Owner(s) is/are owner(s) in fee simple and of all existing rights, titles and interests therein of alt the following described property located in NuPCPS County, Texas, generally delineated on the map attached hereto and marked "Exhibit A" and being more particularly described as follows, to -wit: Country Creek, a 40 acre single-family residential subdivision. 1 Such property is situated partly or wholly beyond the corporate limits of the City of Corpus Christi, and further, such property is not principally used for port -related industry, as defined by Section 55- 1 1 1, as amended, of the Code of Ordinances, City of Corpus Christi. II City agrees to deliver City water to such property or to waterlines thereon, in accordance with Rules and Regulations promulgated and authorized by Section 55-1 11, as amended, of the Code of Ordinances, City of Corpus Christi. III Owner(s) agree(s) to construct all improvements on such property in accordance and compliance with all City Codes and regulations and to obtain all City permits as though such property were inside the City. Owner(s) consent(s) to allow inspections of all of such construction by duly authorized inspectors or representatives of City departments charged with enforcement of said Codes and regulations. Owner(s) agree(s) that as to any improvements the applicable Codes and regulations shall be those in effect at the time of commencement of such improvements. IV IT IS AGREED by and between the parties hereto that the above described land and territory shall be included within the corporate boundaries of the City of Corpus Christi, and shall become a part thereof, subject to the terms of Article 1, Section 2 of the City Charter of Corpus 2 Christi, as amended, and as further prescribed by Section 55-111 , as amended, of the Code of Ordinances, City of Corpus Christi. V Owner(s) agree(s) and understand(s) that a breach of the aforesaid covenants and conditions shall render Owner(s) liable to termination of the delivery of water, and upon a finding of fact by the City Council that any of the aforesaid covenants or conditions have been materially breached, the delivery of water to owner shall be terminated. VI All connections to the City water system shall be subject to the same rules and regulations regarding standards of delivery of water service, including installation and disconnections for failure to pay charges, as consumers within the City limits. 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 constitute covenants running with the land. This document may be executed in multiple counterparts, each of which is an original. WITNESS OUR HAND, this day of December t9 91 CITY OF CORPUS CHRISTI, TEXAS OWNER Country Creej.-Rartners By By (4_..s�.4— . City Manager P.rtner 3 LIENHOLDERS: ATTEST TO CITY MANAGER THE INTERNATIONAL BANK By BY City Secretary BY _4 La attaM / ---/City Attor ey ,AliscAq f,aiiau cud Chairman of the Board/President INDIVIDUALS: e mAnenot," ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on 19— by Juan Garza, as City Manager of the City of Corpus Christi a Texas Municipal Corporation, on behalf of said Municipal Corporation. Notary Public, State of Texas ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on2`eem,3.el2. ice, 19 9/ by Gene Graham Managing Partner, on behalf of Country Creek Partners, a Texas General Partnership 4 otary Publi, State of Texas INDIVIDUAL ACKNOWLEDGMENT 0 NO 20 State of California County of San Mateo OFFICIAL SEAL Jeanne McDonald OTARV PUBLIC CALIFORNIA SAN MATEO COUNTY hMy Comm Expires Sept 24. 1' • r y */ V• V V V— Y ii SS. On this the 13t14 day of DPCP^tb'r Jeanne McDonald 19_91_, before me, the undersigned Notary Public, personally appeared William Barnard Ej personally known to me y proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) iS within instrument, and acknowledged that he. WITNESS r "haled and official seal. Notary ignature subscribed to the executed it. 2-972 .i / 1--'47-9 ATTENTION NOTARY: Although the information requested below is OPTIONAL. it could prevent fraudulent attachment of this certificate to another document. Title or Type of Document Standard Form Contract For Providing Water Where Property is Situated Partly or Wholly Beyond City Limits Number of Pages 5 Date of Document Signer(s) Other Than Named Above THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Notorizations m NATIONAL NOTARY AS4r1C'IADON • 8236 Remmet Ave. • PO. Box 7184 • Canoga Park, CA 91304.718 ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on 19_ by Harlan Heitkamp as Chairman of the Board/President on behalf of The International Bank of Corpus Christi a Texas Banking Corporation, on behalf of said Banking Corporation. Notary Public, State of Texas ACKNOWLEDGEMENT This instrument was acknowledged before me on /2- 197/ by Cornell C. Barnard. MIRY L.KEEHAN Navy Pot, State of Texas My Commission Expires 62693 tate of Texas ACKNOWLEDGEMENT This instrument was acknowledged before me on Z ,i/. .r /s-19 `7� by James L. Barnard. Sae JERRY L. KEEHAN Nears Public, State of Texas .umistion Expires 62693 i tate of Texas ACKNOWLEDGEMENT This instrument was acknowledged before me on 19_ byWilliam Barnard. Notary Public, State of Texas 5 LIENHOLDERS: ATTEST TO CITY MANAGER THE INT NATIONAL BAN By By , f LCLv City Secretary Chairman of the Board/President BY INDIVIDUALS: City Attorney ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on 19— by Juan Garza, as City Manager of the City of Corpus Christi a Texas Municipal Corporation, on behalf of said Municipal Corporation. Notary Public, State of Texas ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on 19— by Gene Graham Managing Partner, on behalf' of Country Creek Partners, a Texas General Partnership Notary Public, State of Texas 4 ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on —1 -NC( ml I to 19c) 1 by Harlan Heitkamp as Chairman of the Board/President on behalf of The International Bank of Corpus Christi a Texas Banking Corporation, on behalf of said Banking Corporation. JERRI MORENO i.Y. +ry ? LCic STATE CF TEXAS My Comm, Exp. M y 17,1592 ry Publ"c, State of Texas ACKNOWLEDGEMENT This instrument was acknowledged before me on 19 by Cornell C. Barnard. Notary Public, State of Texas ACKNOWLEDGEMENT This instrument was acknowledged before me on 19 by James L. Barnard. Notary Public, State of Texas ACKNOWLEDGEMENT This instrument was acknowledged before me on 19 by William Barnard. Notary Public, State of Texas s laaa:gt tt_1t WalPfila�"asw a0 1 4114400.40440 alalalatiir;Iliaratlaltit• I aiallri iry ' a:aApat NrikkallOrr. a 1 as , 11.am:lralaI 11 al -'llallliila lalalaalaalalUJ_tf_tiatlallaliapi 'Ial' al*Niliuiiiiiiii$i la�•� a�awa� ra; auaw 11:43:i2 ex I1tiFlil:irr I alilalalalaiia11ealala , I I.; elaalle l gala. --1= Fitt. 211121211-13012 Il II larellall to on L111 0011W8M474444-19(:5ijlnl8(61dd8(AIMEI8MBIdliildre(e181ag1! qt_r q_ r=-147—:—.. �_ _-: ! =a ai i I i `'• • . al at In I 1 8 8 8 8 a f-* !ItAAMMIM WARM i I p hill kN mow. waw w� it.; El; IilaINtlligqfaa�j,rnnna �.714.I4I1paweklek�' 111 1 t7 CC 0101.•w r•w a Id '1 ,o. Witt wan $111WW1 . clan mak 114 �I:I i i Y t al ,A= 3 sw .00 p s aura aa.t ^• _// I. 71 _ ..�.�.. w. w.. T 1 11 I a i I! : II t g 2 . I • li<I I I - 1 t al i a , 1 1 1 ; II1' a I 1 1 1 t I i c _ :_ �wl ..Jtl. / 3 1 - 1 Y a a t• i a 1I a 1 • i R t 1 a .._Y—_1 — l0 •• i I1I 3 g m: i ;' ni . +i I . • I141,j l.stI1.It , le - 1 3 i,t a 1 - Zi i — -. I i i t 2 t 11 • • a Il i • 1 I 2 I 'TAFIFITTV, a a . I II I 11 mitla 3 .00 Oaf 3 .00.00.0 N G 91 C VAt1TY1 Mt1 C1iYf•l • 1•0111)G i 8 8 %1 Corpus Christi, Texas ciI day of Hi C( ,19 (( TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members \Lti L_ S 2 MAYOR THE CfFIL/0 CORPUS CHRISTI The above ordinance was passed by the following vote: Mary Rhodes Cezar Galindo Leo Guerrero Betty Jean Longoria Edward A. Martin Joe McComb Dr. David McNichols Clif Moss Mary Pat Slavik 045 (LL . 011310