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Home My WebLink About14292 ORD - 05/03/1978JKH:hb:5 12/78 TEXAS: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A COOPERATIVE CONTRACT WITH THE TEXAS DEPARTMENT OF WATER RESOURCES AND THE UNITED STATES GEOLOGICAL SURVEY FOR THE OPERA- TION OF A STREAM FLOW GAUGING STATION AT THE TILDEN CROSSING ON THE NUECES RIVER WEST OF THREE RIVERS, TEXAS, AT A COST OF $5,670, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, 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 Department of Water Resources 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 $5,670, 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 ORDAINFn_ this the _1_,.d day of ' May,,. 1978. ATTEST: ty Secretary APPROVED: DAY OF MAY, 1978: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant 't Attorney MAYOR A�� THE ITY ORPUS CHRISTI, TEXAS MICROFILMED 142'92 =JUL 0 71980 STATE OF TEXAS X Texas Department.of Water Resources COUNTY OF TRAVIS TDWR Contract No. 03 -8737 The Texas"Department of Water Resources, hereinafter referred to as the "Department" and City of Corpus Christi s duly organize politic—a politic—aI subdivision 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 Department, or the Survey at the instance of the Department, shall perform the investigations listed in Attachment No. 1, which is made a part hereof, pursuant to the master agreement covering same between the Department and the Survey entitled "1978 COOPERATIVE MASTER AGREEMENT FOR INVESTIGATION OF WATER RESOURCES IN TEXAS" and Memorandum of Cooperative Agreement, a copy of which is attached hereto and-made a part hereof for all purposes, as Attachment No. 2, dated 11/9/77 from Mr. I. D. Yost, District Chief, Water Resources Division of the Survey, to the Department. 2. The estimated cost of the.listed investigations is 5 670 , of which the Cooperator shall remit to the Department t e sum o $2,325 , on demand after the 1st day of September, 1977, but under no circumstances later than February 28, 1978. 3. In the event the funds or technical services are not available for the Department's share of the costs, this agreement shall be null and void, and any funds contributed by the Cooperator shall be refunded in full. This agreement shall not be construed as creating any debt by or on behalf of the State of Texas or the Texas Department of Water Resources. 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. If the Cooperator fails to pay the Department the amount of money agreed upon in Paragraph 2 of this•contract on or before February 28, 1978, the Department shall have the option to cancel and terminate this contract by written notice to the Cooperator. kxu. �g-, If this contract is so cancelled and terminated prior to August 31, 1978, the Cooperator will be obligated to pay the Department 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 Department shall refund the unexpended portion ' of the Cooperator's contribution or the portion thereof which the Department is not•obligated to expend c:i work performed up to the date of termination. 6. This agreement may be amended by mutual written agreement of the parties. 7. This agreement supersedes every previous cooperative contract between the Department 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, 1977. CITY OF CORPUS CHRISTI COOPERATOR By: Marvin Townsend ity -. anager -- ATTEST: City Secretary APPROVED.: DAY OF MAY, 1978: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney erector of Financ TEXAS DEPARTMENT OF WATER RESOURCES Harvey Da ' Executiv irector :�v �'� .w.�t`�' - �y,`*�2'4'•'�.�.ii -_ = �� z.. , - "i ;S:;.�'; 'F -!' '- .:..� , h - _,.. _, �- .�;u°,�f�*�+,�� r- `'.F•�S;k: A�. ��11rr '�'`-s+s.'.�r4 ^rc_- ',in`.`s�ra - Qaf,,w. .-'. _ _ .t _: - - `tom _ 3�• "z�^�`�'� -.. ,,, a,.., �'� November 9, 1977 Supersedes that of: October 19, 1977 ATTACHMENT NO. 1 Cooperative agreement between CITY OF CORPUS CHRISTI, Texas Department of Water Resources, and U.S. Geological Survey for the State fiscal year ending August 31, 1978. 'Program Description I. Surface -Water Investigations A. Operation and maintenance of the following streamflow station: 08195400 Nueces River near Tilden, Tex. Total cost----------------------- - - -- -- $3,580 3. Station rehabilitation: Most of wooden well -type gage facilities are deteriorated to point that they must be re- placed and(or) refinished. • T Total cost---- ----------- ------ ----- -- -S2,090 1978 program total ----- --- --- ---- ---- --- -- ---- -----$5,670 City of Corpus Christi share - - - - -- $2,325 TDWR share----------- -- ----- --- - -- 510 TSGS share------------------ - - -- -- 2,835 - United States Department of the Interior GEOLOGICAL SURVEY WATER RESOURCES DIVISION - FEDERAL BUILDING 300 EAST 8TH STREET ' AUSTIN. TEXAS 78701 November 9, 1977 Supersedes that of: October 19, 1977 ATTACHMENT NO. 1 Cooperative agreement between CITY OF CORPUS CHRISTI, Texas Department of Water Resources, and U.S. Geological Survey for the State fiscal year ending August 31, 1978. 'Program Description I. Surface -Water Investigations A. Operation and maintenance of the following streamflow station: 08195400 Nueces River near Tilden, Tex. Total cost----------------------- - - -- -- $3,580 3. Station rehabilitation: Most of wooden well -type gage facilities are deteriorated to point that they must be re- placed and(or) refinished. • T Total cost---- ----------- ------ ----- -- -S2,090 1978 program total ----- --- --- ---- ---- --- -- ---- -----$5,670 City of Corpus Christi share - - - - -- $2,325 TDWR share----------- -- ----- --- - -- 510 TSGS share------------------ - - -- -- 2,835 .L�• 1 ••Ytoy 0, United States Department of the Interior GEOLOGICAL SURVEY -:'WATER RESOURCES DIVISION FEDERAL BUILDING .300 EAST 8TH STREET AUSTIN. TEXAS 78701 ATTACHMENT NO. 2 November 9, 1977 Superseded that of: October 19, 1977 .Memorandum To: C. R. Baskin, Acting Head, Data and Technical Review -Texas Department of Water Resources, Austin, Texas 'From: I. D. Yost, District Chief, Water Resources Division Austin, Texas Subject: Cooperative Agreement: Texas Department of Water Resources and U.S. Geological Survey, 1978 fiscal year ending August 31, 1978 The CITY OF CORPUS CHRISTI (Cooperator), Texas Department of Water Resources, and the U.S. Geological Survey have a water - resources investigational program described in Attachment No. 1. Please include this program in our Cooperative Agreement for water - resources investigations in Texas for fiscal year 1978. The Contract and Agreement between the Cooperator and the Texas Department of Water Resources (Department) should be bound by the following terms and conditions: 1. The Department agrees to cause the Survey to conduct the Investigations described in Attachment No. 1 and furnish the Cooperator copies of the information and records thus -obtained. .2. In the event of major damage to the hydrologic station facilities by floods or other causes, or in case it becomes necessary to move the facilities, it is agreed that costs s volved will be mutually agreed upon by the parties hereto .and shared by them on the basis indicated in Attachment No.' 1. 3• It is further agreed that with advance written notice and - mutual understanding by each party, the Contract and Agree- ment may be amended to exclude work being done or to include additional work and funding adjusted accordingly.. Ali .k 4. The program cost is $5,670 Of this amount $ -0- is allotted to ground -water investigations; $_O_ ' is allotted to surface -water quality investigations; and $ 5,670 is allotted to surface -water quantity investigations. 5. The Survey will contribute $ 2,835 of these costs, the Department will contribute $ '510 of these costs in Technical Services and contract with the Cooperator to obtain the remainder of these costs, or a sum of $ 2,325 to conduct the investigations for the period September 1, 1977, to August 31, 1978. Please furnish me one copy of the Contract and Agreement between the Department and the Cooperator. I. D. Yost Attachment cc: Wayne Tibbets, -Aci=kag Water Sup., Corpus Christi, Tex. CRG:mlb -2- Corpus Christi, Texas Ord day of I YlOt.u�) 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 suspension 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 ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfull YOR THE C CORPUS CHRISTI, TEXAS The Charter Rule was suspended by the following vote: Gabe Lozano, Sr. Bob Gulley David Diaz ( Q Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample (1,Q?QOIr� The above ordinance was passed by the following vote: Gabe Lozano, Sr. Bob Gulley COQ Q.II-k- David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample J-4292