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Home My WebLink About06989 ORD - 08/07/1963JKH•8 -2 -63 TEXAS: AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A CONTRACT WITH THE TEXAS WATER COMMISSION FOR THE MAIN- TENANCE OF A STREAM FLOW STATION ON THE NUECES RIVER NEAR TILDEN, TEXAS, FOR THE YEAR BEGINNING SEPTEMBER 1, 1963, AND ENDING AUGUST 31, 1964, FOR THE AMOUNT OF $695.00; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, 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 A CONTRACT WITH THE TEXAS WATER COMMISSION FOR THE MAINTENANCE OF A STREAM FLOW STATION ON THE NUECES RIVER NEAR TILDEN, TEXAS, FOR THE YEAR BEGINNING SEPTEMBER 1, 1963, AND ENDING AUGUST 31, 1964, FOR THE AMOUNT OF $695.00, ALL IN ACCORDANCE WITH THE TERMS OF THE CONTRACT, A COPY OF -WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY FOR ENTERING INTO THE CONTRACT DESCRIBED IN SECTION 1 HEREOF 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 AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED THIS THE / DAY of AUGUST, 1963. ATTES . CITY SECRETARY APPR+ED AS TO LEGAL FORM T IS DAY OF AIDS 1963: (�yj� Cl l'- ATTORNEY ljJ� MA THE CITY OF CORPUS eHRISTI, TEXAS o u STATE OF TEXAS § Texas Water Commission t § Contract No. SW -64 -16 COUNTY OF TRAVIS § This Contract and Agreement, made and entered into by and between the Texas Water Commission, hereinafter called the COMMISSION, and the City of Corpus Christi hereinafter called COOPERATOR, provides for the participation of the COOPERATOR ail t in a Cooperative Water Resources Investigation Program under the following 7 r terms, conditions and considerations, to wit:, ARTICLE I The COMMISSION, at the request of the COOPERATOR, and for the consideration hereinafter expressed, agrees and covenants to conduct or cause to be conducted by the Geological Survey, United States Department of the Interior, a program of surface water investigations _ for the period of September 1, 19 6-% through August 31, 1964, which wi11 consist of the operation and maintenance of a streamflow station "Nueces River near Tilden, Texas." The COMMISSION further agrees to make or cause to be made by the Survey the necessary office computations relating to the information obtained from the investigations and to furnish or cause to be furnished to the COOPERATOR copies of the information and records thus obtained. STATE OF TEXAS § Texas Water Commission t § Contract No. SW -64 -16 COUNTY OF TRAVIS § This Contract and Agreement, made and entered into by and between the Texas Water Commission, hereinafter called the COMMISSION, and the City of Corpus Christi hereinafter called COOPERATOR, provides for the participation of the COOPERATOR ail t in a Cooperative Water Resources Investigation Program under the following 7 r terms, conditions and considerations, to wit:, ARTICLE I The COMMISSION, at the request of the COOPERATOR, and for the consideration hereinafter expressed, agrees and covenants to conduct or cause to be conducted by the Geological Survey, United States Department of the Interior, a program of surface water investigations _ for the period of September 1, 19 6-% through August 31, 1964, which wi11 consist of the operation and maintenance of a streamflow station "Nueces River near Tilden, Texas." The COMMISSION further agrees to make or cause to be made by the Survey the necessary office computations relating to the information obtained from the investigations and to furnish or cause to be furnished to the COOPERATOR copies of the information and records thus obtained. ARTICLE II The program is estimated to cost One Thousand Tbree Hundred Ninety and No /100 Dollars ($1,390.00 COOPERATOR, in consideration of the foregoing agreement and undertaking on the part of the COMMISSION, hereby covenants and agrees to pay to the COMMISSION the sum of Six ($695.00) Hundred Ninety -Five and No /100 Dollars on demand after the 1st day of September, 19 63. ARTICLE III The parties hereto agree that this Contract and Agreement is subject to the availability of funds to the COMMISSION. ARTICLE IV It is mutually agreed and understood that in the event of major damage to any of the stations noted in Article I, above, by floods or other causes, or in case it becomes desirable to move a station or stations to a new location, the cost of repairing such damage or moving such station will be mutually agreed upon by the parties hereto and the COOPERATOR shall contribute one -half of the total amount thereof. ARTICLE V It is mutually agreed and covenanted that if the COOPERATOR shall fail to make payment as herein provided, the COMMISSION may cancel and terminate the remainder of this Contract and Agreement by giving. COOPERATOR written notice. If this Contract and Agreement is terminat- ed prior to the time of full performance, the COOPERATOR shall be obligated to pay to the COMMISSION for work already performed hereunder or, as appropriate, the COMMISSION shall refund all that portion of COOPERATOR'S contribution which has not already been expended, or which the COMMISSION is not obligated to expend on work that has already been performed hereunder up to the date of cancellation and termination. Page 2 of 4 ARTICLE VI The parties hereto further agree that this Contract and Agreement may be altered or amended, upon the advance written agreement of R, each party, to exclude work being performed or to include additional work to be performed, and to adjust the consideration to be paid here- under by virtue of such alterations or amendments. ARTICLE VII This Contract and Agreement replaces and supersedes in the entirety the contract relating to a program of surface -water investigation previously entered into between the COMMISSION and COOPERATOR and dated August 21 19 62 , as well as all amendments or additions thereto. ARTICLE VIII The parties hereto have read the terms of this Contract and Agreement before signing same and hereby agree that no statement, remark, agreement or understanding, oral or written contrary to the provisions contained herein will be recognized or enforced. IN WITNESS WHEREOF, the parties have caused this CONTRACT and AGREEMENT to be duly executed in duplicate. Page 3 of 4 APPROVED: Burrel Rowe, Chief xaminer Joh J Van rtulip, Chief ngineer o Date 0 ATTEST: Audrey Strandtman, Secretary ATTEST: CITY SECRETARY APPROVED AS TO LEGAL FORM THIS THE DAY OF AUGUST, 1963: CITY ATTORNEY Page 4 of 4 TEXAS WATER COMMISSION Joe D. Carter, Chairman By. R. MARVIN TOWNSEND ACTING CITY MANAGER (title) CORPUS CHRISTI, TEXAS 7�D AY OF , 192 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCES 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 15 INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO - DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, R THE CITY OF COR S CHRISTI, TEXAS. THE CHARTER RULE WAS SUSPENDED BY THE FOLLOW},NG VOTE° JAMES L. BARNARD JAMES H. YOUNG JACK R. BLACKMON JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS W. H. WALLACE, JR. THE ABOVE ORDINANCE WAS PASSED BY THE JAMES L. BARNARD JAMES H. YOUNG JACK R. BLACKMON JOSE R. DELEON M. P. MALDONADo W. J. ROBERTS W. H. WALLACE, JR.