Loading...
HomeMy WebLinkAbout06609 ORD - 08/22/1962• IMS:JKH:8 -21 -62 r - • AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT WITH THE LOWER NUECES RIVER WATER SUPPLY DISTRICT AND THE CITY OF ' THREE RIVERS FOR THE SUPPLYING OF WATER TO THE CITY OF THREE RIVERS, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: M SECTION 1. THAT THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT WITH THE LOWER NUECES RIVER WATER SUPPLY DISTRICT ANP THE CITY OF THREE RIVERS FOR THE SUPPLYING OF WATER TO THE CITY OF THREE RIVERS, ALL AS MORE FULLY SET OUT IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY TO IMMEDIATELY-EXECUTE THE AFORESAID AGREEMENT FOR THE PURPOSES AFORESAID CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION ANDTHAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING REQUESTED THE SUSPENSION OF THE SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS'ACCORDINGLY SO ORDAINED THIS THE /DAY of AUGUST, 1962. MAYOR TEXAS/ ATTE THE CITY OF CORPUS CHRISTI, i 1 t CITY SECfmTv§Y APPROVED AS TO LEGAL FORM THIS DAY OF AUGUST, 1962: CITY ATTORNEY �/ a c • THE STATE OF TEXAS Q COUNTY OF NUECES THIS AGREEMENT ENTERED INTO BY AND BETWEEN THE CITY OF THREE .RIVERS, HEREINAFTER CALLED "CITY11, LOWER NUECES RIVER WATER SUPPLY DISTRICT, HEREIN- AFTER CALLED "DISTRICT ", AND THE CITY OF CORPUS CHRISTI, HEREINAFTER CALLED "CORPUS CHRISTI ") W I T N E S S E T Hs 1. 'CORPUS CHRISTI AND THE DISTRICT AGREE TO SUPPLY WATER TO THE CITY BY .,DISCHARGING INTO THE BED OF THE ATASCOSA RIVER FLOW FROM THE ARTESIAN WELLS OWNED BY DISTRICT IN THE CAMPBELLTON AREA, SUCH WATER TO FLOW DOWN THE BED OF THE STREAM TO THE CITY'S DAM., 2. THE AMOUNT OF WATER TORE FURNISHED SHALL BE COMPUTED ON THE BASIS OF THE RATED CAPACITY OF THE WELLS BEING USED AND THE TIME THE WELLS OR WELL IS BEING RUN. 3. CITY SHALL PAY SIX CENTS (60) PER 1000 GALLONS OF WATER AS ABOVE COMPUTED UPON BEING BILLED BY DISTRICT ON OCTOBER 15, 1962, AND ON NOVEMBER 151 1962, AND ON THE 15TH DAY OF EACH MONTH THAT WATER 15 FURNISHED PURSUANT TO THIS CONTRACT: 4. CITY SHALL KEEP CORPUS CHRISTI AND DISTRICT ADVISED OF ITS REQUIREMENTS SO THAT THEY CAN BE MET IN THE MANNER ABOVE SET OUT. 5. IT IS RECOGNIZED THAT THIS AGREEMENT IS AN EMERGENCY MEASURE AND IN ORDER TO AVOID COMPLICATED CONTRACTUAL PROVISIONS FROM„BEING IN- SERTED HEREIN, IT IS SIMPLY AGREED THAT EITHER"PARTY HERETO MAY TERMINATE THIS AGREEMENT ON THIRTY DAYS WRITTEN NOTICE BEING MAILED TO THE OTHER PARTIES HERETO. IN ANY EVENT, THIS CONTRACT SHALL TERMINATE AT•THE ENO OF ONE YEAR FROM DATE. THIS AGREEMENT IS MADE SUBJECT TO NECESSARY REQUIREMENTS OF THE CONSUMERS NOW OBTAINING WATER FROM THE SUPPLY OF DISTRICT. ATTEST: WITNESS OUR HANDS THIS THE 17TH DAY OF AUGUST, 1962. CITY OF THREE RIVERS BY APPROVED AS TO LEGAL FORM THIS THE 17TH DAY OF AUGUST, 1962: ATTEST: APPROVED AS TO LEGAL FORM THIS THE 17TH DAY OF AUGUST, 1962: ATTEST: CITY SECRETARY APPROVED AS TO LEGAL FORM THIS THE 17TH DAY OF AUGUST, 1962: CITY ATTORNEY "CITY" LOWER NUECES RIVER WATER SUPPLY DISTRICT BY "DISTRICT" CITY OF CORPUS CHRISTI BY HERBERT W. WHITNEY CITY MANAGER "CITY" -2- • • CORPUS CHRISTI, TEXAS qq DAY TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; 1, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: /J BEN F. MCDONALD TOM R. SWANTNER DR. JAMES L. BARNARD JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS^ JAMES H. YOUNG THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: BEN F. MCDONALD TOM R. SWANTNER DR. JAMES L. BARNARD ,t JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS JAMES H. YOUNG