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Home My WebLink About14559 ORD - 10/18/1978JKH:hb:10 /17/78 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH MS. PATR,ICIA RAY NUSS AND MS. CHRIS ANN BROWN, FOR AGRICULTURAL WATER SERVICE TO LOT 20, SECTION 31, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A SUB- STANTIAL COPY OF WHICH IS ATTACHED HERETO, MADE A PART HEREOF, MARKED EXHIBIT "A "; 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 an agricultural water contract with Ms. Patricia Ray Nuss and Ms. Chris Ann Brown, for agricultural water service to Lot 20, Section 31, Flour Bluff and Encinal Farm and Garden Tracts, in the City of Corpus Christi, Nueces County, Texas, as more fully set forth in the contract, a substantial copy of which is attached hereto, made a part hereof, marked Exhibit "A ". SECTION 2. That the necessity to authorize execution of the aforesaid agricultural water contract at the earliest practicable date so that water service may be furnished as 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 take effect and be in full force and effect from and after its passage,IT IS ACCORDINGLY SO ORDAINED, this the 1day of October, 1978. ATTEST: City Secretary MAYOR THE CIT ORPUS CHRISTI, TEXAS APPROVED ;DAY OF OCTOBER, 1978: J. BRUCE AYCOCK, CITY ATTORNEY By 91CROFlLMED Assistant A JUL J� 6 j4W 14559 AGRICULTURAL WATER USE COVENANT Chapter 55, Article VIII - City Code THE STATE OF TEXAS I COUNTY OF NUECES I THIS COVENANT AND AGREEMENT made and entered into in duplicate originals by and between Patricia Ray Noss and Chris Ann Brown herein called "OWNER (S) ", and the CITY OF CORPUS CHRISTI, TEXAS, a home rule city of more than 200,000 population, a municipal corporation and body politic duly organized and existing under the-laws of the State of Texas, situated in Nueces County, Texas, hereinafter called "CITY ", for and in consideration of the exchange of mutual covenants and conditions herein contained on the part of Owner and City to be kept and performed, n the parties do hereby covenant and agree as follows, to -wit: I. That Owner is the owner in fee simple of all the following described property located in Nueces County, Texas, situated inside the corporate limits of the City, generally delineated on the map attached hereto and marked "Exhibit A", and being more particularly described as follows, to -wit: Lot 20, Section 31, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS as recorded in Volume "A ", Pages 41 -43, of the Map Records of Nueces County, Texas II. The City has agreed to furnish Owner water service to the above described property upon terms and conditions promulgated by the 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 therewith and current payment of all charges due therefor under the City's established rates for such water service. ZX# f3/%'A_` € „> ash III. Owner hereby expressly covenants with City, as a covenant running with the land and binding upon his heirs, successors and assigns, and as a guarantee to the City, that the water furnished hereunder is for agricultural use only and in the event such use is substantially discon- tinued 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 water be used for other than agricultural purposes. IV. That in further consideration of the rights herein granted to Owner by the City, the Owner hereby covenants and agrees that said tract of land described hereinabove comprises twenty (20) acres or more of land, that said land is being used and will continue to be used for agricultural r uses, that said land is in a single ownership which will not be reduced in size through the sale, subdividing or replatting of same, that all applicable building permit, tap, extension and plumbing permit charges have been paid, that the land will not be subdivided, nor will utilities be extended thereon, nor will rezoning be requested to allow more residential units or nonresidential units or nonagricultural uses of said land unless said land is in compliance with all regulations of the City's Platting Ordinance. V. 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 other consumers within the City limits. VI. The terms and conditions of this agreement shall constitute a covenant running with the land and shall be binding upon all successors, heirs and assigns of said Owner and said covenant shall be recorded in the Deed Records of the county in which the majority of the area of said property is situated. -2- _ 1 l WITNESS OUR HANDS, this the 7 day of 19 V CITY OF CORPUS CHRISTI, TEXAS By City Manager R. Marvin Townsend ATTEST: OWNER(S): Patricia Ray Russ (CdpaCity) -Address-. OWNER(S): Bill Reaj ty Secretary APPROVED: DAY OF OCTOBER, 1978:��'� J. BRUCE AYCOCK, CITY ATTORNEY Chris Ann Brown (Capacity) By .CD�� ss . C #t�, Attorney Address R. W. Co 1 OWNER(S): (Capacity) Address i. THE STATE OF TEXAS I COUNTY OF NUECES I BEFORE ME, the undersigned authority, on this day personally appeared R. Marvin Townsend 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 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 Notary Public in and for Nueces County, Texas THE STATE OF TEXAS I COUNTY OF NUECES I BEFORE ME, the undersigned authority, on this day personally appeared Patricia Ray Nuss , 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. • tti GIVEN UNDER MY �H AND AND SEAL OF OFFICE, this the — day of E�iGkJ 19 % d / Notary Public in 66d for Nueces County, Texas THE STATE OF TEXAS I COUNTY OF NUECES I BEFORE ME, the undersigned authority, on this day personally appeared Chris Ann Brown ,.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 'l day of 19 % G -Notary Public in d for Nueces County, Texas 11 Az x W R B R B r�oz -s / FR liv 14 f R-IB" R-IB R 7-'R- I B r�oz -s / FR liv 14 f R-IB" Corpus Christi, TeYA p 0day of ali,U►/ 19 7! 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. The Charter rule was suspe Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample The above ordinance was passed Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample 1-4559