HomeMy WebLinkAbout14559 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.
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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.
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_ 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
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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