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Home My WebLink About07958 ORD - 03/23/1966EE:3/16/66 A AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT WITH EMALEEN SCOGGIN, JOINED BY HER HUSBAND, B. R. SCOGGIN, AND IDA BELLE DUGGER, JOINED BY HER HUSBAND, BUFORD DUGGER, FOR THE SALE OF IRRI- GATION WATER FROM THE NUECES RIVER AND THE RESERVOIR IMPOUNDING SAID WATER, ALL AS IS MORE FULLY SET OUT IN SAID AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. s� BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS'CHRISTI, TEXAS: r SECTION 1. THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT WITH EMALEEN SCOGGIN, JOINED BY HER HUSBAND, B. R. SCOGGIN, AND IDA BELLE s t DUGGER, JOINED BY HER HUSBAND, BUFORD DUGGER, FOR THE SALE OF WATER FROM THE NUECES RIVER AND THE RESERVOIR IMPOUNDING SAID WATER FOR THE PURPOSE OF- IRRIGATING, ALL AS IS MORE FULLY SET. OUT IN SAID AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. F ,k SECTION 2. THE NECESSITY TO EXECUTE THE AFORESAID AGREEMENT, IN ORDER TO COMMENCE SAID IRRIGATION AT THE EARLIEST POSSIBLE DATE, 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 w OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED THAT SUCH EMERGENCY ,AND NECESSITY EXIST, HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED AND THAT THIS ORDI- NANCE 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 MARCH, "*1966. ATTE ,41 wl%/ ` Pro Tern THE CITY OF CORPUS CHRISTI, TEXAS CITY SECRETARY APPRPVED AS TOlEGAL FORM THIS AY F MARCH, 966: A CITY ATTORgE + 7958 THE STATE OF TEXAS COUNTY OF LIVE OAK WHEREAS, A. M. Erskine, by written instrument dated Jan- uary 31, 1928, and recorded in Vol. 28, pages 260, et seq., of the Deed Records of Live Oak'County, Texas, to which in- strument and its record reference is here made for all pur- poses, conveyed to the City of Corpus Christi, Texas, cer- tain easements to submerge and flood portions of a-tract of land situated in Live Oak County, Texas, a part of the George W. Louis Third of a League, and containing 461.65 acres and being the same land described in a deed from A. C. Erskine to A. M. Erskine, Jr., dated July 26, 1915, and recorded in Vol. W, pages 289, et seq., of the Deed Records of Live Oak County, Texas, to which deed and its record reference is here made for a better description of said land and all other pur- poses; and, WHEREAS, A. C. Erskine, by written instrument dated June 16, 1928, executed by him and the City of Corpus Chris- ti, Texas, and recorded in Vol. 30, pages 20, et seq., of the Deed Records of Live Oak County, Texas, to which instru- ment and its record reference is here made for all purposes, conveyed to said City of Corpus Christi, Texas, certain ease- ments to submerge and flood portions of a tract of land sit- uated in Live Oak County, Texas, a part of-the George W. Louis One -Third of a League and containing 194.8 acres and being the same land described in a deed from A. M. Erskine, Jr., to A. C. Erskine, dated July 26, 1915, and recorded in Vol. X, pages 78, et seq.; of the Deed Records of Live Oak County, Texas, to which deed and its record reference is here made for a better description of said land and for all other pur- poses; and, WHEREAS, said above described 461.65 acre tract of land and said 194.8 acre tract of land, together with all water irrigation and other rights of the said A. M. Erskine and A. C. Erskine under said easement agreements above-referred to, are , now owned by Emaleen Scoggin and Ida Belle Dugger, subject to the easements acquired by said City of'Corpus Christi, Texas, its successors and assigns, under said easement agree- ments, and a bona fide dispute has arisen between said pres- ent owners and said City concerning said water irrigation rights of such present owners of said lands under said ease- ment agreements, and said parties, to settle and compromise their differences and to avoid litigation, have agreed to settle said dispute as hereinafter set forth: NOW, THEREFORE, the said Emaleen Scoggin, joined by her husband, B. R. Scoggin, and Ida Belle Dugger, joined by her 'husband, Buford Dugger, herein referred to as owners, and said City of Corpus Christi, Texas, herein referred to as City, act- ing herein by and through its duly authorized undersigned of- ficers, in consideration of the premises and the mutual cov- enants and agreements herein contained, do agree as follows: 1. City agrees and contracts to sell owners water from the Nueces River and the reservoir impounding said water for the purpose of irrigating an area designated by owners with- in twelve months of the date hereof out of said 461.65 acre tract of land and said 194.8 acxe tract of land not actually covered from time to time by the waters of said reservoir. Such area shall not exceed sixty (60) acres and the use of water thereon will not exceed two acre feet of water per acre per year. Such sale and furnishing of said water shall be at owners' option, and said City agrees to sell and furnish said water as desired by owners from time to time, out of water if and when available, subject only to the prior right of the -2- City of Corpus Christi, Texas, and the Nueces County Water Improvement District No. 3 and all other prior engagements and contracts of the City of Corpus Christi, Texas, existing prior to January 31, 1928. 2. Owners shall pay City for said irrigation water actually used by them at the price of $4.40 per acre foot, said payment to be made by the end of the month following the month of use of such water. 3. Owners shall pay said City the minimum annual sum of $60.00 per year, payable annually in advance, but said sum of $60.00 per year so paid shall be applied and credited to any sums owing by owners to City for water used during such year. 4. All sums of money, if any, that may be owing by own- ers to said City for irrigation water heretofore used or for any annual charge or flat rate for any period of time prior to the date of this instrument is hereby cancelled and re- leased, and said water rates and minimum annual charge shall be effective from and after August 1, 1965. . - 5. All other terms, provisions and conditions of said two easement agreements, except as hereby expressly modified or amended, shall remain in full force and effect unaffected by this instrument. 6. The execution of this instrument shall not in any way affect the rights and /or obligations of the parties in Cause No. styled Lower Nueces River Water Sup- ply District vs. L. T. Jennings, et al, pending in the County Court of Live Oak County, Texas, and the rights and obliga- tions of said parties to said lawsuit shall be determined and adjudicated just as though this instrument had never been executed. -3- she, the said Ida Belle Dugger, acknowledged such instrument to be her act and deed, and she declared that she had will- ingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 11th. day of March , 1966. Notary Public, yM# /PA)/Couney, Texas NIECES THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, the undersigned authority on this day per- sonally appeared , of the CITY OF CORPUS CHRISTI, TEXAS, known to me to be the person whose name is subscribed to the foregoing instrument, and acknow- ledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated as the act and deed of said city. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of 1966. Notary Public, Nueces County, Texas -6- CORPUS CHRISTI, TEXAS ,-2 DAY OF ii /%!/tJ a l9ni� 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; 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, M OR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: DR. MCIVER FURMAN JACK BLACKMON PATRICK J. DUNNE ,Q DR. P. JIMENEZ, JR. / ,Q KEN MCDANIEL RONNIE SIZEMORE WM. H. WALLACE (.G. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: DR. MCIVER FURMAN ,(a JACK BLACKMON " Q PATRICK J. DUNNE x y _Q r DR. P. JIMENEZ, JR. KEN MCDANIEL RONNIE SIZEMORE , /��`J�,gq'. p WM. H. WALLACE J1 - -�