HomeMy WebLinkAbout01769 ORD - 01/22/1945AN ORDINANCE
AUTHORIZING AND DIRECTING THE MAYOR 1ND
CITY CONTROLL3R OF THE CITY OF CORPUS
CHRISTI,. TEXAS, TO ESECUTE A CONTRACT
BY AND BETWEEN THE CITY OF CORPUS CHRISTI
AND THE LAW FIRMS OF W&RD & BROWN and
MOURSUND' BAIL & BERGSTROM, PROVIDING
FOR SAID LAW FIRMS TO PERFORM SERVICES
IN CONNECTION WITH THE PROCUREMENT OF
ADDITIONAL MTHR.RIGHTS IN TAM NUECES
RIVER, MAKING MORE SECURE ALL WATER
RIGHTS IN SAID PXM FOR TBE CITY OF
CORPUS CHRISTI: AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
Section 1. That the Mayor and City Controller of the
City of Corpus Christi be, and they are hereby, authorized and
directed to execute for and on behalf of the City of Corpus Christi,
Texas, a contract by and between the City of Corpus Christi and
the law firms of Ward & Brown and Moursund, Ball, & Bergstrom,
which said contract provides that the said law firms will perform
services for the City of Corpus Christi in connection with the
procurement of additional water rights of amid City, s copy of
which said contract is attached hereto mud reads as follows, to-wit:
n b4
THE STAT& OF TEAS,
COUM OF wMew.
THIS CCNTRACT by and between the CITY OF CORPUS CHRISTI,
herein called First Party and WARD & BROWN and MOURSUHD, BALL,
MOURSMD & BERGSTROM, herein called Second Parties, WITNEE„ETH:
I. That First Party hereby employs attorneys to
perform services for City as follows:
(1) Tp prepare and present to the Board of Water
Engineers an application for and in behalf of the City
for a presentation to store, divert and use water from
the Nveces River, in addition to rights of diversion now
existing, by means of a dam and reservoir in the vicinity
of Bluntzer, the data for application to be furnished by
the City's consulting engineers.
(8) To prepare and present to the Board of Water
Shgineera such applieation,or applications, as thesaid
attorneys may deem proper, or necessary, to permit the
City to divert, it its plant at Calallen, such amount of
water, if available, as will take care of the City's
present needs, and its needs for a reasonable period in
the future, or, in the alternative, which will enable the
City to divert, at such place, all water for which it now
holds appropriations, without waiving or relinquishing any
rights of priority held by it under existing appropriations.
(3) To make an examination into the appropriation&
of water from the Nueess River, beginning with and includ-
ing the Mathis Dam Reservoir and extending down the River
to Corpus Christi Bay. for the purpose of determining
whether any such rights interfere with or conflict with
the proposed diversion ad to which presentation is to be
made, or other rights which the City owns or may seek to
acquire as hereinbefore set out, end to submit an opinion,
1.
in writing, covering the result of such examination.
(4) To proper* a bill which the City will undertake
to have submitted in the Legislature, and to appear before
any Committee or Committees, which may consider such bill,
to present the reasona in support thereof, such bill to
be one to amend Article 7849 of the Revised Statutes and
other articles, if deemed necessary, so that the provisions
for use of flowing stream will apply to Cities.
(5) It is understood and agreed that all conferences
with the Board of Water Engineers, which may become neosssaV7
are included in this employment.
II. That Second Parties bind and obligate themselves
to perform such services.
III. That the fee to be paid by First Party to
Second Parties for such servioes shell be the sum of t 'A ;W,o
cash, First Party also agrees to pay the reasonable and neoss-
nary expenses of Second Parties incurred by reason of trips !H
Austin in the performance of such services.
E% Mr= IE DUPLICATE, said First Party acting herein
by its Mayor, A. C. U0 0aughn, who signs as provided by charter,
and by its Controller, who counter -signs as provided by charter,
this the _day of January, A. D. 1945.
Countersigned by CM OF CORPUS CMSTI, TEXAS
By
CityController of Mayor
City of ;orpus Christi,l ^exns
ATT'SST: FIRST PARTI
City Secretary
A? °ROY � AS TC L:GAL FCRY: $V
actin pity Atto ifty
I3y
SECOND PriRTIES
8.
Section 2. The fact that the City of Corpus Christi
Is growing at a rapid rate and an adequate water supply is essential
to such growth and it is imperative that the City of Corpus Christi
be assured of an adequate water supply to take care of such growth
in order that the public health and welfare of the City be protected
creates a public emergency and imperative public necessity and
requires the suspension of the Charter rule that no Ordinance or
Resolution be passed finally on the date of its introduction and
that said Ordinance and Resolution shall be read at three several
meetings of the City Council and the Mayor, in writing, having
declared that said emergency and imperative public necessity exist,
and having requested that said Charter rule be suspended, and that
this Ordinance be passed finally on the date of its introduction,
and that it be in effect from end after its passage, IT IS, ACCORDINGIZ,
SO ORDAIN'a'.J.
PASSED AND APPROVED this /+o/- day of January, A. D., 1945.
or of the City of Corpus Christi, Texas
ATTES
i
acre
APPROVED AS TO LEG OR t
ag UIVY A.14torney
Corpus Christi, Texas
January 2,2., 1945
TO THE MEMBERS OF THE CITY COUNCIL
OF THE CITY OF CORPUS CHRISTI
Corpus Christi, . Texas
Gentlemen:
For the reasons set fcth in the emergency clause of
the foregoing Ordinance, a public emergency and imperative neces-
sity exist for the suspension of the Charter rule or requirement
that no Ordinanoe or Resolution shall be passed finally on the
date it is introduced, and that such Ordinance or Resolution
shall be read at three several meetings of the City Council;
I, therefore, hereby request that you suspend such Charter rule
or requirement and pass this Ordinance finally on the date it
is introduced, or at the present meeting of the City Council.
Respootfully,
Mayor of the City of Corpus M Tel
Texas
The Charter rule was suspended by the following votes
A.: McCaughan
Jos. Mireur
Ed. P. Williams
D. A. Segrest
B. G. Moffett
The above Ordinance was passed by the following vote:
A. C. Mc Ceughan
Jos. Mireur
Ed. P. Williams
D. A. Segrest
B. G. Moffett