HomeMy WebLinkAbout12825 ORD - 09/24/1975i JKH:VMR:9- 23-75:1ST / �I
AN ORDINANCE
AUTHORIZING A CONTRACT WITH JOHN BREZINA FOR WATER
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,
TEXAS:
SECTION 1. THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO
EXECUTE A WATER CONTRACT WITH JOHN BREZINA FOR WATER SERVICE OUTSIDE THE CITY
LIMITSp AS MORE FULLY SET FORTH IN THE CONTRACT, IN SUBSTANTIALLY 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
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 ORDI-
NANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY I
COUNCIL, AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO E %1S1,
AND HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT THIS ORDINANCE
TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT
IS ACCORDINGLY SO ORDAINED THIS THE CK LDAY 'OF SEPTEMBER, 1975•
ATTEST:
W°I'Y SECRETAR MAYOR ,
APPROVED: THE CITY OF CORPUS CHRISTI, TEXAS
DAY OF SEPTEMBER, 197'"9:
12825
SEC_ 38 -63 AGRICULTURAL WATER USE COVENANT
THE STATE OF TEXAS I
COUNTY OF NUECES . I
THIS COVENANT made and entered into in duplicate originals
by and between JOHN BREZINA
hereinafter called "OWNER(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
3n 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:
TRACT NO. I - 8.7 acres out of the southwest end of Lot No. 4,
Section 12, Bohemian Colony Lands, Nueces County, Texas.
TRACT No. II - 2.64 acres out of the northwest end of Lot No. 1,
Section 18, Bohemian Colony Lands, Nueces County, Texas.
' 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.
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.
IQ
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
APPROV
iJ
City Attorney
OWNERS)
(Capacity)
Address
Address: (Capacity)
Address: (Capacity)
(Capacity)
THE STATE OF TEXAS j
COUNTY OF NUECES j
BEFORE W, THE UNDERSIGNED AUTHORITY ON THIS DAY PERSONALLY
APPEARED CITY MANAGER OF THE CITY OF
CORPUS CHRISTI, TEXAS A MUNICIPAL CORPORATIONp KNOWN TO ME TO BE THE
PERSON AND OFFICER WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT,
AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME AS THE ACT AND DEED OF
SAID CITY OF CORPUS CHRISTI 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 1975-
NOTARY PUBLIC IN AND FOR NU EC ES COUNTY
TEXAS
THE STATE OF TEXAS I
COUNTY OF NUECES I
BEFORE ME, THE UNDERSIGNED AUTHORITY ON THIS DAY PERSONALLY
APPEARED KNOWN TO ME TO BE THE PERSON WHOSE
NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENTS 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
1975'
NOTARY PUBLIC IN AND FOR NUECES COUNTY
TEXAS
3
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CORPUS CHRISTI, TEXAS du
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of
TO THE WASERS OF THE CITY COUNCIL
COPPUS 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,
s
MAYOR
THE CITY OF CORPUS CHRISTI,
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
JASON LUBY
OR. BILL TIPTON
EDUARDO DE ASEB
all
RUTH GILL
BOB GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE
THE ABOVE ORDINANCE WAS
PASSED BY THE F LOWING VOTE:
JASON LUBY
DR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
BOB GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE