HomeMy WebLinkAbout13548 ORD - 01/05/1977JKH:vp:1/5/17:lst' AN 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 GAUGING STATION AT THE TILDEN CROSSING ON THE NUECES RIVER WEST OF THREE RIVERS, TEXAS, AT A COST OF $3,340, ALL AS MORE FULLY SET FORTH IN THE CON- TRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A "; AND DECLARING AN EMER- GENCY. 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 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 $3,340, all as more fully set forth in the con- tract, a 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 full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the J__ day of January, 1977. ATTEST: /�•�� i 'S`ecreta y MAYUK THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: i DAY OF JANUARY, 1977: J. BRUCE AYCOCK, CITY ATTORNEY BY: � �kt.� 13548 JUN 3 01980 distant City Attorney M1cROFILMED h THE STATE OF TEXAS Texas Water Development Board COUNTY OF TRAVIS X Contract No. 03 -7737 The Texas Water Development Board, hereinafter referred to as the Board, and City of Cor us Christi a duly organized political sub ivision 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 "1977 COOPERATIVE MASTER AGREEMENT FOR INVESTIGATION OF WATER RESOURCES IN TEXAS" and the Memorandum, a copy of which the Cooperator acknowledges having received, dated October 14, 1976 from I. D. Yost, District Chief, Water Resources Division -3 the Survey, to the Board. 2. The estimated cost of the listed investigations is $3,340 , of which the Cooperator shall remit to the Board t e sum o $1,369 on demand after the 1st day of September, 1976, but under no circumstances later than February 28, 1977. 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. ` 4w /f h _ 5. If the Cooperator fails to pay the Board the amount of money agreed upon in Paragraph 2 of this contract on or before February 28, 1977, the Board shall have the option to cancel and terminate this contract by written notice to the Cooperator. If this contract is so cancelled and terminated prior to August 31, 1977, the Cooperator will be obligated to -pay the Board for that portion of the contract price which the work and services already performed bears to the total work and services required under the contract, less any payment previously made 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, 1976. City of Corpus Christi TEXAS WATER DEVELOPMENT BOARD COOPERATOR By By R. Marvin Townsend Jame M. Rose City Manager Execu ive Direc or ATTEST: City Secretary APPROVED: DAY OF JANUARY, 1977: J. BRUCE AYCOCK, CITY ATTORNEY By: .... . .. .. ssistant qty ttorney United States Department of the Interior" -J GEOLOGICAL SURVEY %VATER RESOURCES DIVISION FEDERAL BUILDING 300 EAST 8TH STREET AUSTIN, TEXAS 78701 October 14, 1976 ATTACHMENT NO. 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, 1977. Program Description I. Surface -Water Investigations A. OpeTerion and meinten2rce of the folicn.,ing streamflo" station: 08194500 Nueces River near Tilden, Tex. Total cost--- -- ---- --- ------ ---- --- -- -- ---- $3,340 City of Corpus Christi share - - -- $1,369 TWDB share--- ------------- - - - - -- 301 USGS share---------------- - - - - -- 1,670 CORPUS CHRISTI TEXAS �OAY OF 9j TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCES A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SU3PEN- 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; 1, THEREFORE REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT 15 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 DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GALLEY GABE LOZANO, SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE