HomeMy WebLinkAbout021880 ORD - 02/22/1994AN ORDINANCE
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE
AN OUTSIDE CITY LIMITS WATER SERVICE CONTRACT WITH
NUECES COUNTY FOR THE PURPOSE OF PROVIDING WATER TO
J. P. LUBY PARK.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. That the City Manager or his designee is hereby authorized to execute
an Outside City Limits Water Service Contract with Nueces County for the purpose of
providing water to J. P. Luby Park, as more fully set forth in the Agreement, a substantial
copy of which is attached hereto and made a part hereof marked Exhibit A.
AG5000.456skp
1
Exhibit A
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 triplicate
originals by and between the General Land Office on behalf of the State of Texas
(Lessor) and Nueces County. Texas (as Lessee) whose address is 901 Leopard. Corpus
Christi. Nueces County. Texas 78401 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, (CITY), for good
and valuable consideration in hand received by the parties respectively and upon the
covenants and conditions hereafter stated,
WITNESSETH:
I
That the State of Texas is owner in fee simple and Nueces County is the State's
Lessee which holds for the lease term all existing rights, titles and interests therein of all the
following described property located in Nueces County, Texas, generally delineated on the
map attached and incorporated as "Exhibit A" and being more particularly described as
follows, to wit: J. P. Luby Park --South Part of Padre Island. State Tracts 1 and 4 in Nueces
County as shown on "Exhibit B."
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,
but is governmentally owned property as defined by Section 55-111, as amended, of the
Code of Ordinances, City of Corpus Christi.
7
n
City agrees to deliver City water to such property or to waterlines thereon, in accordance
with Rules and Regulations promulgated and authorized by Sections 55-110 - 55-114 as
amended, of the Code of Ordinances, City of Corpus Christi.
m
County agrees 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. County consents to allow inspections of all of such construction of duly
authorized inspectors or representatives of City departments charged with enforcement of
said Codes and Regulations. County agrees that as to any improvements the applicable
Codes and regulations shall be those in effect at the time of commencement of such
improvements.
IV
County agrees and understands that a breach of the aforesaid covenants and
conditions shall render County liable to termination of the delivery of water, and upon a
finding of fact by the City Manager that any of the aforesaid covenants or conditions have
been materially breached, the delivery of water to owner shall be terminated.
V
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, water
conservation measures, and disconnections for failure to pay charges, as consumers within
the City limits.
VI
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 County and each of
them, and shall constitute covenants running with the land.
WITNESS OUR HAND, this
day of
,19
IN TESTIMONY WHEREOF, witness my hand and seal of the Texas General Land Office
this a.hek day of , 19 q .
(Date of the Co ssion is Signature)
Asset
Legal
C'
By:
GARRY 'O
Commisionof the Texas
General . d Office
Chairman, School Land Board
CITY OF CORPUS CHRISTI, TEXAS NUECES COUNTY
By: By: J %%J>/J7J/ith
City Manager Nueces County Judge
ATTEST:
City Secretary
APPROVED:
jcl
%-A 5fs1(ity Attome itu
awat
A Ii stn �x�l Iru uaal
ATTEST:
%ounwc1et
APPROVED:P
th
Nueces County Attorney
Exhibit A
THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on this the day
of , 19 by Juan Garza, City Manager for the City of Corpus Christi,
a Texas municipal corporation, on behalf of said corporation.
Notary Public, State of Texas
Printed Name:
Title:
THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledgedle�before me on this the /s t' day
of ( /2141172 y , 19 9q by Ko beet M • diTT2ne s as CD Linty -Slay.of
Nueces County, Texas.
ANNETTE L. MOUTTET
Notary Public, State of Texas
My Commission Expires td396
yviviamir(Notary Public, State of Texas
Printed Name: ru,ve tic C.- Atac-Ctifc-?'
Title:
EXHIBIT B
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That the foregoing ordinance was re d for the first time and passed
to its second reading on this the It' day of ftbn t%»- ,
19 qL{ , by the following vote:
Mary Rhodes CAP6G- Edward A. Martin nit
Dr. Jack Best al,¢_ Dr. David McNichols
Melody Cooper 4LIFL__
David Noyola apL-
Cezar Galindo uUT- Clif Moss £Ly ,
OJT_Betty Jean Longoria OJ _ Y
That the foregoing ordinance n#0 read for the second time and
passe finally on this the 4Z day of 1-617✓ r.n ,
19 , by the following vote: 1
ay, Edward A. Martin au 1,
Dr. Jack Best CliC1 c. Dr. David McNichols
Melody Cooper //l,. r -'
David Noyola
Cezar Galindo VIAL Clif Moss Cate
Mary Rhodes
Betty Jean Longoria
PASS AND APPROVED, this the 1Z day of i i
✓+
19 utt.
ATTEST:
City Secretary
CI OF CORPUS CHRISTI
APPROVED: _ DAY OF f: i , f&4,., , 19 /
JAMES R. BRAY, JR., CITY ATTORNEY
Assistant City Attorney
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