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Home My WebLink About12751 ORD - 08/13/19756 MLM:vp:8- 12- 75:1st AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH RICHARD SANDOVAL WITH REGARD TO AGRICULTURAL WATER USE OUTSIDE THE CITY LIMITS, ALL AS IS MORE FULLY SET FORTH IN SAID CONTRACT, A COPY OF WHICH, MARRED EXHIBIT "A", IS ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PERTINENT PURPOSES; 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 hereby is authorized to execute, for and on behalf of the City of Corpus Christi, an agreement with Richard Sandoval with regard to agricultural water use outside the City limits, all as is more fully set forth in said contract, a copy of which is attached hereto, marked Exhibit "A ", and made a part hereof for all pertinent purposes. SECTION 2. That the necessity to enter into the aforementioned agreement for agricultural use of water outside the City limits 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 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 day of August, 1975. ATTEST: '419 Chi' y Secretary APPROVED: /3 DAY OF AUGUST, 1975: City Attorney MAYOR THE CITY OF CORPUS CHRISTI, TEXAS 12.751 SEC. 38 -63 AGRICULTURAL WATER USE COVENANT THE STATE OF TEXAS COUNTY OF NUECES THIS COVENANT made and entered into in duplicate originals by and between Richard Sandoval hereinafter called "06NER(S) ", and THE CITY OF CORPUS CHRISTI, TEXAS, a home rule city of more than 200,000 population, a municipal corpor- ation and body politic under the laws of the State of Texas, situated in Nueces County, Texas, hereinafter called "CITY ", for good and valuable consideration in hand received by the parties respectively and upon the covenants and conditions hereinafter stated W I T N E S S E T H: I That Owners are all the owners in fee simple of all the following described property located in Nueces 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: 2.50 Acres out of Lonnie Washington, Jr. 3.50 acre tract in Disiderio Martinez Survey 420, Abst. 857 Nueces Co. Texas EXHIBIT "A" t II 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 there- with and current payment of all charges due therefor under the City's established rates for such water service. See Addendum "B ". III Owner(s) 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 disconnections 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. WITNESS OUR HANDS, this the day of , 19 CITY OF`CORPUS CHRISTI, TEXAS BY City Manager ATTEST: City Secretary APPROVED: City Attorney OWNERS) (Capacity) Address: (Capacity) Address: (Capacity) Address: (Capacity) o A LOGAT /ON PLAT r 419 v � n ' OI C Ca ban Pld, V Qi M.W hJ<— J � cl 20r 'y i � y i °moo j ;'�. r� f Li s T EG'F'oaa FRSe menf �rd•c %ns �i ' .'�� : j' -- � /Jrrtes Co 'Gr�f•'°c. ' V j M. FV. r /tarn '7 f1 l i. Ci /y a� CarPns Chris f! O r / o / �� q lQ:� � Richard 5andova/ ' o; �•� 2.50 Acres E I E q l66.6'��l 5 /g Iwo r Reds h y N 09 °49'AV- 474. -69 M. W. Hearn fib" S.W. C<r. Connie %'Va5filn "on, Jr. 35O Acrc Trac/ V / J4 08 Py . Sir 4 JJ• C 7-.19. R. it'cilh,.i esl corner Gaaran/y Nalional bank and 7--/ 14 9. 2 Acre Trac' described in W. 1279 Py. 3/9 N. C. T. D. R.� City o,r CorpaJ Chrisfi Val 1297 Py. ?32 P ✓.t•T.O•R. z PEE: [I 1 �: SANDOVAL TRACT IN] v 1975 EXHIBIT "A" CITY OF CORPUS CHRISTI CIMENT P_(WNING DW;ISfo'7 'o o EXHIBIT "B" Notwithstanding any of the foregoing provisions, Nos. 1 to 5, inclusive, the water used under this contract shall be for the support of agricultural operation, and to this end the City of Corpus Christi, by its acceptance hereof, grants to the Owner, Richard Sandoval, permission to connect,a temporary water line not larger than two inches in diameter to a City water meter setting on the north side of I.H. 37 at its intersection with Carbon Plant Road, such service line to follow along Nueces County right -of -way, with the City of Corpus Christi setting a suitable meter for such service line, which meter will be set at a point selected by the City. In constructing such temporary water line, Owner shall obtain right -of -way from Nueces County. The service granted by the City of Corpus Christi shall be a temporary service and upon any water main being constructed along Carbon Plant Road in a northerly direction from the existing City water mains, such temporary service shall cease, with the Owner having the right to remove or abandon in place such temporary water line. If at any time adequate water facilities are extended along Carbon Plant Road, Owner shall pay his proportionate cost of such waterline, and in the event others owning properties north of Owner's properties desire water service, Owner herein agrees to par- ticipate in the construction of such line, paying his proportionate share thereof. Said Owner's proportionate share of the cost of adequate water facilities as determined by the City is calculated to be the sum of $1,091.79. Said sum shall become due and payable upon the occurence of a sale or con- veyance of the subject property, or upon the extension of an adequate public water facility in and along Carbon Plant Road, whichever event first occurs. THE STATE OF••TEXA - Q f O 5 COUNTY OF NUECES 0 BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED R. MARVIN YJWNSEND , CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION, KNOWN TO ME TO BE THE PERSON AND OFFICER WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO M£ THAT HE EXECUTED THE SAME AS THE ACT AND DEED OF SAID CITY OF CORPUS CHRISTI FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSEn AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF August , 19 75 . NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, the undersigned authority, on this day personally appeared Richard Sandoval, known to me to be the person whose name is* subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of August, 1975• Notary Public in and for Nueces County, Texas 0 0 CORPUS CHRISTI TEXAS DAY OF j9 / S TO THE MEK3ERS OF THE CITY COUNCIL COPPUS CHRISTIP TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCES 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 SMALL 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 FF�O��LL _OWING VOTE: JASON LUBY ezx'Y DR. BILL TIPTON EDUARDO DE ASE3 RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED S' JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE 'OTE: