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HomeMy WebLinkAbout12908 ORD - 11/19/1975JU:vp:11 /17/75:1st AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECOTE A COOPERATIVE CONTRACT WITH THE TEXAS WATER DEVELOPMENT BOARD AND THE UNITED STATES GEOLOGICAL SURVEY FOR THE OPERATION OF A STREAM FLOW GAUGING STATION AT THE TILDEN CROSSING ON THE NUECES RIVER WEST OF THREE RIVERS, TEXAS, AT A COST OF $3,120, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HERE- OF, MARKED EXHIBIT "A "; 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 Cooperative Contract with the Texas Water Development Board and the United States Geological Survey for the operation of a stream flow gauging station at the Tilden crossing on the Nueces River west of Three Rivers, Texas, at a cost of $3,120, all as more fully set forth in the contract, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A ". SECTION 2. The necessity to execute the aforesaid contract 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 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 fall force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the / 9 day of November, 1975. APPROVED: DAY OF NOVEMBER, 1975: 55 C) ttorney AMA MAYOR f1w THE CITY OF CORPUS CHRISTI, TEXAS THE STATE OF TEXAS Texas Water Development Board COUNTY OF TRAVIS Y Contract No. 03 -6737 The Texas Water Development Board, hereinafter referred to as the Board, and City of Corpus. Christi a duly organized political sbdivision of the State of Texas, hereinafter referred to as Cooperator, as participants in a Cooperative Water Resources Investigation Program sponsored by the Geological Survey of the United States Department of the Interior, hereinafter referred to as the Survey, hereby make the following contract and agreement: 1. The Board, or the Survey at the instance of the Board, shall perform the investigations listed in Attachment No. 1, which is made a part hereof, pursuant to the master agreement covering same between the Board and the Survey entitled " 1976COOPERATIVE MASTER AGREEMENT FOR INVESTIGATION OF WATER RESOURCES IN TEXAS" and the Memorandum, a copy of which the Cooperator acknowledges having received, dated Auaust 25. 1975 from I. D. Yost, District Chief, Water Resources Division of the Survey, to the Board. 2. The estimated cost of the listed investigations is $3,120 of which the Cooperator shall remit to the Board the sum of $1,279 on demand after the 1st day of September, 1975 , but under no circumstances later than January 31, 1976. 3. In the event the funds are not available for the Board's share of the costs, this agreement shall be null and void, and any funds contributed by the Cooperator shall be refunded in full. 4. In the event of major damage to any of the stations listed in Attachment No. 1 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, if sufficient funds are available, shall contribute on the same basis as for other work provided herein. 5. In the event the Cooperator fails to pay to the Board the amount agreed upon in Paragraph 2 above on or before January 31, 1976, the Board shall have the option to cancel and terminate this agreement by written notice. For good cause, the Board may extend such deadline for payment by written amendment only to this agreement. If this agreement is terminated prior to the time of full performance, the Cooperator shall be obligated to pay to the Board for work already performed hereunder, or, as appropriate, the Board shall refund the unexpended portion of the Cooperator's contribution or the portion thereof which the Board is not obligated to expend on work performed up to the date of termination. 6. This agreement may be amended as to work to be performed and consideration to be paid by advance written agreement of the parties. 7. This agreement supersedes every previous cooperative contract between the Board and the Cooperator. In Witness Whereof, the parties have caused this contract and agreement to be duly executed in triplicate, this the 31st day of August, 1975. CITY OF CORPUS CHRISTI TEXAS WATER DEVELOPMENT BOARD COOPERATOR By B arry P. Burleigh Executive Director ATTEST: United States Department of the Interior GEOLOGICAL SURVEY WATER RESOURCES DIVISION FEDERAL BUILDING 300 EAST STH STREET AUSTIN. TEXAS 76701 . August 25, 1975 ATTACHMENT 110. 1 Cooperative agreement between CITY OF CORPUS CHRISTI, Texas Water Development Board, and U.S. Geological Survey for the State fiscal year ending August 31, 1976. Program Description I. Surface -Water Investigations A: 'Operation and maintenance of the following streamflow station: 08194500 Nueces River near Tilden, Tex.. Total cost --- ---- --- -- ---- ---- - - - - - -- 43,120 City of Corpus Christi share - - -- $1,279 TWDB share------- -- ----- -- - - ---- 281 IISGS share---- ----- --- ---- - - - --- 1,560 CORPUS CHRISTI, TEXAS / Z AY or . yi1,,r -ri , 19_Za:- TO THE MENBERS 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 OR. BILL TIPTON --- ��—'�- EDUARDO DE ASES le RUTH GILL Bon GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: JASON LUBY OR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE