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Home My WebLink About022173 ORD - 02/28/1995AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN OUTSIDE CITY LIMITS WATER SERVICE CONTRACT WITH GIBRALTAR MAUSOLEUM CORPORATION DBA MEMORY GARDENS OF CORPUS CHRISTI FOR THE PURPOSE OF PROVIDING WATER TO A 3.0 ACRE TRACT DESCRIBED IN VOLUME 56, PAGE 43, MAP RECORDS OF NUECES COUNTY, TEXAS; AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN ASSIGNMENT OF THIS OUTSIDE CITY LIMITS WATER SERVICE CONTRACT FROM GIBRALTAR MAUSOLEUM CORPORATION DBA MEMORY GARDENS OF CORPUS CHRISTI TO GIBRALTAR SERVICES, INC. DBA MEMORY GARDENS FUNERAL HOME. 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 Gibraltar Mausoleum Corporation DBA Memory Gardens of Corpus Christi for the purpose of providing water to a 3.0 acre tract described in Volume 56, Page 43, Map Records of Nueces County, Texas, as more fully set forth in the contract a substantial copy of which is on file with the City Secretary. SECTION 2. That the City Manager or his designee is hereby authorized to execute an assignment of this outside city limits water service contract from Gibraltar Masoleum Corporation DBA Memory Gardens of Corpus Christi to Gibraltar Services, Inc. DBA Memory Gardens Funeral Home. AG5000.544 February 22, 1995 0221'73 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 Gibraltar Mausoleum Corporation d/b/a. Memory Gardens o�f_Cornus Christi Address: 9102 N. Meridian Street. Suite 300, Indianapolis, IN 46260 Owner(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 good and valuable consideration in hand received by the parties respectively and upon the covenants and conditions hereafter stated, WITNESSETH: I That Owner(s) is/are owners) in fee simple and of all existing rights, titles and interests therein of all the following described property located in Nueces County, Texas, generally delineated on the map attached hereto and marked "Exhibit A" and being more particularly described as follows, to -wit: 3 acre tract out of the S.E. portion of a 35 acre tract as described in Volume 56 page 43 of mapsecords of Nueces County Texas. 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 prot-related industry, as defined by Section 55- I I I, 5-111, as amended, of the Code of Ordinances, City of Corpus Christi. City agrees to deliver City water to such property or to waterlines thereon, in accordance with Rules and Regulations promulgated and authorized by Sections 55-111 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 of 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 Christi, as amended, and as further prescribed by Section 55-111, as amended, of the Code of Ordinances, City of Corpus Christi; and Owner agrees to annex said property within the effective date of such annexation being the date when the property becomes adjacent to the city limits, or will become adjacent to the city limits by any type of simultaneous annexation of other properties, or at a later date to be solely determined by the City Council. V Owner(s) agrees and understands 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 Manager that any of the aforesaid covenants or conditions have been materially breached, the delivery of water to owner shall be terminated. w 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 assigned of the said Owner(s) and each of them, and shall constitute covenants running with the land. WITNESS OUR HAND, this day of , 19 . CITY OF CORPUS CHRISTI, TEXAS OWNERS Gibraltar Vazm.snlPum Corporation d/b/a By Memory Gardens of Conus Christi City Manager ATTEST: by: o u, J . Bremer Executive Vice President By City Secretary APPROVED: R r THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on the day of February, 1995 by Juan Garza, City Manager for the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public in and for the State of Texas THE STATE OF INDIANA COUNTY OF MARION This instrument was acknowledged before me on this the 17th day of February 1995, by Jay A. Brammer as Executive Vice President of Gibraltar Mausoleum Corporation d/b/a Memory Gardens of Corpus Christi, an Indiana corporation, on behalf of said corporation. i (� 4 Dorothy Nan iD'Orso, Notary Public in and for the County of Marion My Commission Expires: June 28, 1997 My County of Residence: Marion R • PLAT OF MEMORY GARDENS OF CORPUS CHRISTI FUNERAL HOME - A 3.00 ACRE TRACT OUT OF A 35.00 ACRE TRACT OUT OF THE FORMER JOE H. GALLAGHER LANDS OUT OF SURVEY NO. 320 RECORDEQ IN VOLUME N 42 PAGE 654 EED RECORDS C i Z ; 1 tr — 30 -- ��r 31 N 0° O1' 00" "414.74' 0 • 7a Mt... 1 1. --rte •. t re w- ,r 23 c_ \%•::„. 4 11/4- • .z 3 S 0 01 00 E 331.00 E Minn A-1 `L:: FMORY -'" :HR'S GR4PHtC SCALE ,00 50 0 100 200 Mar. A-2 CITY of CORPUS CHRISTI WATER DIVISION ENGINEERING A rani !Ufa That the foregoing ordinance was read for the first time and passed to its second reading on this the 2t day of 19 (j3 , by the following vote: Mary Rhodes Dr. Jack Best Melody Cooper Cezar Galindo Betty Jean Longoria Edward A. Martin Dr. David McNichols David Noyola Clif Moss That thejsregoing ordinance was reafifor the second time and passed finally on this the Zg day �J , by the following vote: of ,1214/10,11 , 19 Mary Rhodes Dr. Jack Best Melody Cooper Cezar Galindo Betty Jean Longoria Edward A. Martin Dr. David McNichols David Noyola Clif Moss 00 PASSED AND APPROVED, this the 2S day of kbrvo4n7 , 19 °1% ATTEST: City Secretary APPROVED: <Q1 DAY OF JAMES R. BRAY, JR., CITY ATTORNEY By: - (LEP ruu,ur Alison Gallaway Assistant City Attorney AG5000.544 , 1995 022173 February 22, 1995