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Home My WebLink About10400 ORD - 08/04/1971AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A COOPERATIVE CONTRACT WITH THE TEXAS WATER DEVELOPMENT BOARD AND THE UNITED STATES GEOLOGICAL SURVEY FOR THE OPERATION OF A STREAM FLOW GAGING STATION AT THE TILDEN CROSSING ON THE NUECES RIVER WEST OF THREE RIVERS, TEXAS, AT A COST OF $1,328; APPROPRIATING AND REAPPROPRIA TING THE SUM OF $1,328 OUT OF ACTIVITY 5199, CODE 490, FOR THE AFORESAID COSTS; 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 TO EXEUUTE A COOPERATIVE CONTRACT WITH THE TEXAS WATER DEVELOPMENT BOARD AND THE UNITED STATES GEOLOGICAL SURVEY FOR THE OPERATION OF A STREAM FLOW GAGING STATION AT THE TILDEN CROSSING ON THE NUECES RIVER WEST OF THREE RIVERS, TEXAS, AT A COST OF $1,3281 ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH, MARKED EXHIBIT "A ", IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THERE IS HEREBY APPROPRIATED AND REAPPROPRIATED OUT OF T;.;Tf j1j0, CODE 11;0, TNC SUR: OF $1,328 FOR THE AFORESAID COSTS. SECTION 3. THE NECESSITY TO EXECUTE THE AFORESAID AGREEMENT AND PROVIDE THE NECESSARY SUMS FOR THE OPERATION AND MAINTENANCE OF THE STREAM FLOW STATION DESCRIBED ABOVE 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 INTRO- DUCTION BUT 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, AND HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUC- TION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY 50 ORDAINED, THIS THE &4-D-AY OF AUGUST, 1971• ATTEST: , v CITY SECRE A/ 9 'MAYOR ( /J/ THE CITY OF C CHRISTI, TEXAS APP OVED: D Y OF A GUST 1971: CIXY ATTORNEY 10400 • THE STATE OF TEXAS COUNTY OF TRAVIS Texas Water Development Board Contract No. This Contract and Agreement, made and entered into by and between the Texas Water Development Board, hereinafter called the BOARD, and the -------------- - - - - -- -CITY Ol CORPUS CHRISTI--=----------- - - - - -- -- --------------- - - - - -, hereinafter called COOPERATOR, in a Cooperative Water Resources Investigation Program under the following terms, conditions and considerations, to -wit: ARTICLE 1. The BOARD, at the request of the COOPERATOR, and for the considera- tion 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 Water Resources Investigation for the period of September 1, 1971 through August 31, 1972, as follows: I. Surface -Water Investigations A. Operation and maintenance of the following streamflow station: Nucces River near Tilden, Texas B. Rehabilitation Nueces River near Tilden, Texas Paint shelter and well Page 1 AllTICLL II The program is c .timated to cost Thrcc '1'h011sanc1 Tvo Ilundred ------------- Forty ($3, 210.00) DolJsIrs--- - - - - -- -••--------------------— COOPERATOR., in consideration of the foregoing agreement and undertaking on the part of the BOARD, hereby covenants and agrees 'io pay to the BOARD the sum of one Thousand Three Hundred Twenty -Eight ($1, 325. 00) Dollars --------------- -------------------- - - - - -- on• demand after the 1st day of September, 1971. ARTICLE III The parties hereto agree that this Contract and Agreement is subject to the availability of funds to the BOARD, provided, however, that should such funds be not available, this agreement shall be null and void, no funds contributed by the COOPERATOR shall be expended, and any such funds contributed by the COOPERATOR shall be refunded in full. 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 on the same basis as other work provided herein, subject to the certification of the COOPERATOR'S Auditor as to the availability of funds to be expended prior to the obligating of or the expenditure thereof. ARTICLE V It is mutually agreed and covenanted that if the COOPERATOR shall fail to make payment as herein provided, the BOARD may cancel and terminate the remainder to this Contract and Agreement 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 Page 2 13OAR..1) for v;ork already perfoa•uu:d hereunder, or as appropriate, the J EOARD shall refund all that portion of COOPERATOR'S contribution which has not already been expended, or which the DOA11D is 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 include additional wort, to be performed and to adjust the consideration io•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 Investigations previously entered into between the TEXAS WATER DEVELOPMENT BOARD and COOPERATOR and doted august 31, 1970, a- v.cll as all amendi.ents or additions thereto. IN WITNESS WHEREOF, the parties have caused ibis CONTRACT and AGREEMENT to be duly executed in quadruplicate, this the 31st clay of August, 1971. ATTEST: TEXAS WATER DEVELOPMENT BOARD By X�� Barry P. Burleigh, Executive Director CITY Oh CORPUS C1111ISTI By ol Page 3 Ll • CORPUS CHRISTI, TEXAS Uv DAY OF 1 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION 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, REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, G 0 MAYOR THE CITY OF CO HRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: BONNIE SIZEMORE CHARLES A. BONNIWELL L4 v ROBERTO BOSQUEZ REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LO2ANO, SR. J. HOWARD STARK