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HomeMy WebLinkAbout07337 ORD - 08/26/1964JKH:8-24-64 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH THE TEXAS WATER COPM4ISSION COVERING WATER RESOURCES INVESTIGATIONS, A COPY OF WHICH CONTRACT 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: SECTION 1. THAT THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A CONTRACT WITH THE TEXAS WATER COMMISSION COVERING WATER RESOURCES INVESTIGATIONS, A COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY TO ENTER INTO A COOPERATIVE WATER RESOURCES INVESTIGATION PROGRAM, COVERING WATER RESOURCES INVESTIGATIONS, AS PROMPTLY AS POSSIBLE 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 THAT SUCH EMERGENCY AND NECESSITY EXIST, AND HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED, 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, 1964. A r i t A te--� v t Cl ff SECRETAR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED AS LEGAL OR�I THI -1.4_ DAY OF AUGUST, 1964: ITY ATTORNEY 7337 STATE OF TEXAS X X Texas Water Commission, COUNTY OF TRAVIS X Contract No. SW -65 -13 Y' This Contract and Agreement, made and entered into by and between the Texas Water Commission, hereinafter called the COM- MISSION, and the city of Corpus Christi hereinafter called CO- OPERATOR.in a Cooperative Water Resources Investigation Program under the following terms, conditions and considerations, to wit: ARTICLE I The COMMISSION, at the request of the COOPERATOR, and for the consideration hereinafter &xpressed, agrees and covenants to conduct or cause to be conducted by the Geological Survey, United States Department of the Interior, a program of Water Resources Investigation for the period of September 1, 19 64 through August 31, 19 65 , as follows: A. Surface Water Investigation: Operation and maintenance of a streamflow station "Nueces River near Tilden, Texas ". B. The COMMISSION further agrees to make or cause to be made by the Survey the necessary office computations relating to the L information obtained from the investigations and to furnish or cause to be furnished to the COOPERATOR copies of the information and records thus obtained. Page 1 of 4 r r ARTICLE II The program is estimated to cost One Thousand Four '. Hundred and No /100 Dollars ($1,400.00) i COOPERATOR,.in consideration of the foregoing agreement and under- taking on the part of the COMMISSION,, hereby covenants and agrees to pay to the COMMISSION the sum of Seven Hundred and No /100 Dollars ($700.00) on demand after the let day of September, 19 64 .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 coat of re- pairing such damage or moving such station will' be mutually agreed upon by the parties hereto and the COOPERATOR shall con- tribute 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 Agree- ment by giving COOPERATOR written notice. If this Contract and Agreement is terminated 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 COMMIS- SION shall refund all that portion of COOPERATOR'S contribution which has not already been expended, or which the COMMISSION is Page 2 of 4 not obligated to expend on work that has-already been performed{ ", hereunder up to the date of cancellation and termination. ARTICLE VI The parties hereto further agree that this Contract and , Agreement may be altered or amended upon the advance written agreement of each party to exclude work being performed or to in- clude additional work to be performed and to adjust the consider- ation to be paid hereunder 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 'Water Resources Investigation previously entered into between the COMMISSION and COOPERATOR and dated - August 20 19 63 as well as all amendments or addi- tions 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 r • t. APPROVED: Burrel Rowe, Chief Examiner Cohn'-j- Vandertul , hief Engineer TEXAS WATER COMMISSION Date Joe D. Carter, Chairman ATTEST: CITY OF CORPUS CHRISTI Audrey Strandtmen, Sectetary ", ey: (title) ATTEST: CITY SECRETARY APPROVED AS TO LEGAL FORM THIS THE DAY OF AUGUST, 1964:' CITY ATTORNEY - DIRECTOR OF FINANCE Page 4 of 4 CORPUS CHRISTI, TEXAS ADAY OF ✓ �9 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCE, 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; 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, OR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTES 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 FOLLOWING,VOTEI JAMES L. BARNARD JAMES H. YOUNG JACK R. BLACKMON JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS W. H. WALLACE, JR.