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Home My WebLink About12524 ORD - 03/12/1975:3/11/75:lst TEXAS: AN ORDINANCE AUTHORIZING A CONTRACT WITH BAYVIEW INVESTMENT CORPORATION FOR WATER SERVICE OUTSIDE THE CITY LIMITS, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, MARKED EXHIBIT "A ", AND MADE A PART HEREOF; 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 to execute a water contract with Bayview Investment Corporation for water service outside the city limits, as more fully set forth in the contract, in substan- tially the form attached hereto, marked Exhibit "A ", and made a part hereof. SECTION 2. The necessity to authorize execution of the aforesaid contract at the earliest practicable date so that water service may be furnished as outlined creates a public emergency and an imperative public necessity r requiring the suspension of the Charter rule that no ordinance or resolution l shall be passed finally on the date of its introduction 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 introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the /a- day of March, 1975. ATTEST: C' Secretary zY �— MAYOR THE CITY OF CORPUS CHRISTI, APPROVED: DAY OF MARCH, 1975 City Attorney 1252 1 SEC. 38 -63 AGRICULTURAL WATER USE COVENANT THE STATE OF TEXAS X COUNTY OF NUECES X THIS COVENANT made and entered into in duplicate originals by and between Elay%dew IrNestment COMQCation.- Jtrn Boyx%n, Virgil Cram 1I, Brent Herndon rind Tom Juckson, hereinafter called "OMER(S) ", and THE CITY OF CORPUS CHRISTI, TEXAS, a home rule city of more than 200,000 population, a municipal corporation and body politic under the - laws of the State-of Texas, situated in Nueces County, Texas, herein -- after called "CITY ", for good and valuable consideration in- hand received by the parties respectively and upon tha•cove= nants and conditions hereinafter-stated. W I T N E S S E T H: -That Owners are all the owners in fee simple of all: the following described property located in(2) IkuatQs County, Texas, situated outside the corporate limits of City, generally delineated on the map attached hereto and marked "Exhibit.A ", and being more particularly described as follows, to -wit: (3) As shown by rHIBIT "5" attuched heileto and incorporated heroin for all purpezaa. The City has agreed to furnish Owner(s) water service to the above - described property upon terms and conditions promulgated.by City pursuant and subject to Ordinance No. 11139, City of Corpus Christi, which are by this reference incorporated herein and made a part hereof for all purposes, and -further conditioned on Owner(s) compliance therewith and current payment of all charges due-therefor under the City's established rates for such water service. Owners hereby expressly covenant with City, as a covenant running " with the land and binding their successors and assigns, and as a guarantee to the City, that the water furnished hereunder is for use in agriculture only ' and in the event such use is substantially discontinued for a period of nine (9) months, less the time such property is subjected to a natural disaster, if any, the use of City water on said property shall be discontinued and said water service shall be terminated. In no event shall said.water be used for other than agricultural purposes. _ IV All connections to the City water system shall be subject to the same -rules and-regulations regarding standards of installation and disco :'• nections for failure to pay charges, as consumers within the City limits_ V This Covenant shall be, recorded in the.Deed Records of the county in which the majority of the area of said property is situated. _ WIMI SS OUR HANDS, this the 11th day of CPacerncear , 1974 CITY OF CORPUS CHRISTI, TEXAS * OWNER( ,tnn -' 6AYV NV E� ENT CoRpORATION City Manager Rich Mdress; ATTEST: _pis, a City Secretary rem 0 APPROVED: City Attorney 245 Corpus ,apaciryJ on Co. Hawn Bldg: e 78401 'apacity) ,ve, Corpus Christi, Texas 78401 _ .....o. -s ice• --ii t Wayne Lun66iet, Jr., cre/ -" .�= �s..'.,':.fC.�:Y.v4`�"+is: �F a".^ p�'_* � .o:.= ::;?`$'tx�^•>r= r_."-��s�.x 157 1 A/B9 °39'k/ r3237' 'u hbl Thcic �s �� oci',e/ -35183' e3o, p f h � • `} ••// / 9 �So 3.9�., l r „i �- r ►N o6 "3O 5 � co/ 67' v EXHIBIT "A" So. 000,5 •4L-• o 5799 cc N _ ,0 .9 o , 0 � Thcic �s �� oci',e/ -35183' e3o, p f h � • `} ••// / 9 �So 3.9�., l r „i �- r ►N o6 "3O 5 � co/ 67' v EXHIBIT "A" _ R It " BEINC 49.984 acres, more or less, and being the East One -half r _ (E. 1/2) of a 99.969 acre tract; said 99.969 acre tract of land being 97.159 acres in Survey 154, patented by the State Of Texas to A. F. Martin, Assignee, of R. R. Oliver, by Patent No. 595, Volume 38, by virtue of Certificate No. 1702 and being Abstract No. 957 for Nueces County, Texas, and the West 2.81 acres of a 31.889 acre tract in Survey 158 made by virtue of L. S. No. 1, issued to the San Antonio Valley Ditch Company, containing 640 acres and patented to E. R. Oliver, Assignee, by the State of Texas, October 20, 1883, and being Abstract No. 583, for Nueces County, Texas. Said 99.969 acre tract being more particularly described by metes and bounds as follows: BEGINNING at a 1 inch iron pipe in the South line of Survey 154, whence the Southeast corner of Survey 154 bears S 89° 59' 00" E. 1167.14 feet, for the Southeast corner of this survey; THENCE N. 89° 59' 00" W. 1287.23 feet to a 1 inch iron pipe in the South line of Survey 154, for the Southwest corner of this survey; THENCE N. 0° 06' 00" W. 3208.27 feet set a l inch iron pipe on South margin of Farm to Market Road No. 665, 3259.27 feet set one -half inch iron bar in the center line of aforesaid road for the Northwest corner of this survey; THENCE N. 78° 3Q' 30" E. along center line of Farm to Market Road No. 665, 1149.57 feet intersect East line Survey 154, set one -half inch iron bar for a Northeast corner of this survey; THENCE S. G° 01' 00" E. along the East lino of Survey 154, intersect a curve, which radius point bears N. 17° 17' 10" W. 1940 feet, said curve being the South line of the old Corpus Christi and Brownsville Road, 70.22 feet set a -1 inch iron pipe for a corner of this survey; THENCE left with aforesaid curve, 170.48 feet to a 1 inch iron pipe, which radius point bears N. 22° 18' 50" W. 1940 feet for Northeast corner of this survey; THENCE S. 0° 06' 00" E. along the East line of aforesaid 2.81 acres and 97.159 acres, 831.07 feet cross South line of Survey, 158, 3476.07 feet to the place of BEGINNING, containing 99.969 acres, more or less. EXHIBIT "B" _w Corpus Christi, Texas day of GA-tV , 19 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, MAYOR THE CITY OF CORPUS CHRISTI,. TEXAS The Charter rule was suspended by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark The above ordinance was passed by the following vote: Jason Dub James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark