HomeMy WebLinkAbout02913 ORD - 10/17/1950AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE
CITY OF CORPUS CHRISTI, TEXAS, FOR AND ON BEHALF
OF THE CITY TO EXECUTE AN AGREEMENT, BEING A MODI-
FICATION AND CONTINUANCE OF EASEMENT INSTRUMENT
DATED SEPTEIIMR 22, 1928 AND BEING OF RECORD IN
VOLUME 30, PAGE 608 OF THE DEED RECORDS OF LIVE OAK
COUNTY, TEXAS, IN AND OVER A PORTION OF 520.3 ACRES,
MARIA BRIDGET MLIN LEAGUE OF LIVE OAK COUNTY, TEX.
AS DESCRIBED IN SAID EASEMENT FROM JOSEPHINE K. PECK,
EXTENDING SAID EASEMENT AGREEMENT FOR AN ADDITIONAL
TEN (10) YEARS UNTIL SEPTEMBER 22, 1978, ALL AS SET
OUT IN SAID EASEMENT AGREEMENT, A COPY OF WHICH IS
ATTACHED HERETO AND MADE A PART HEREOF; AND DE-
CLARING AN EIIERGENCY.
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 and directed, for and on behalf of the City of Corpus
Christi, Texas, to execute an agreement, being a modification and
continuance of easement instrument dated September 22, 1928 and
being of record in Volume 30, Page 608 of the Deed Records of Live
Oak County, Texas, in and over a portion of 520.3 acres of the
Msxia Bridget Kivlin League of Live Oak County, Texas as described
in said easement from Josephine K. Peck, extending said easement
agreement for an additional ten (10) years until September 22, 1978,
all as set out in said easement agreement, a copy of which is attached
hereto and made a part hereof, to -wit:
2 /3
a.
TER Sun OF TEx
God Of Live Oak �
Ibe esav by saateartat i>as'Lramaast dated 9eptsatter 22, 1428,
Josephine B. Pack granted to the City of Carpus Christi, Testae,
certain srights# for tar* (40) dress„ is and over the following
lead situated in Live Wk Coanty, Texas, towwits /
520.3 flares, more or less, out at the Maria
Herat Kivlia Leagu®, this 520.3 being not
apart to Josephins K. Peak in the Partition
Deed now of record in Hook 5, pages 383# at
iof the need Records of Live Cdc Cooly,
IwxaB
an said sasnout to Corpus Christi stow appears of record In Vol_ 30
�. age .608 of the Deed Rsoordas of Live Oak Coun ,ty,
Tsaas, to *ioh instrument and record thereof referese is hereby
made for all purposes so this agreement is a mcdifiaation and coat -
timume thereofI
And Whereas said easement provides that said land has 140 acres
of irrigation rights, 38 acres free except as to certain water charges,
and the other 152 acres to be an an asntal Plat rata ot$1.35 per acre
pine charges for water, and a question arises as to when the said
flat rate charge commences, and the preamat osnar of said lead do-
sires to obtaft a release sea to aaty claims for fiat rate charges
up to the present time, and the City is desirous of exfisaading the
ties of its rights bSYMd the original, fWtV year period$
NOW therefore# for and In sonalderaUcs of the esctensicn of time
Of said easamsatt inatruaent as agreed herein below# the City of Cor-
pus Christi, Texas, WMW releases Josephine K. Peck, her heirs
and assigns, and the lead described above, from sap and all claim
for charges for aasaaal flat rate wrier charges of $1.35 an acre an
set out In the said esasment instramart, up to date bareof# and it
Page Two —
Is agreed that ouch easement instrument is hereby modified so the
$1.35 an acre annual flat rate charge provided in such x111 be due
In the future only for the years that water is actually used on said
lands and the said easement instrument, as so modified, is hereby
renewed and extended by Julius H. Wrights the present owner of said
lands and the City of Corpus Christi, Timms, for an additional ten
(10) years which is until the 22nd day of September, 1978 (Nineteen
Hundred Seventy — Eight). It is further agreed that water. for !"I-
gation purposes may be used only at such tines as the use thereof
would not amdeager the Water supply and reserve thereof of the City
of Corpus Christi, Texas within the opinion of the Director of Public
Utilities of the City of Corpus Christi,
In teotimony Whereof this is signed this day of Octobers
1950, the City of Corpus Christi, Texans acting herein by and through
Its City Manager and City Secretary hereunto duly authorised by resolu-
tion of its governing body.
Julius H. Wright
THE CITY CF CORPUS CHRISTI, T&KAS by
the City Amager
SECTION II.. The public importance of immediately ex-
tending the easement rights of the City on the land in question
creates a public emergency and an imperative public necessity re-
quiring the suspension of the Charter rule 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 several
meetings of the City Council, and the Mayor, declaring such emergency
and necessity to exist, having requested the suspension of said 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.
PASSED AND APPROVED, This the 17th day of October, A. D.
1950.
City Secretary
APPROVED AS T LEGAL FORM:
City At ey
MAYOR
The City of Corpus Christi, Texas
Corpus Christi, Texas
A +(�1 s7 , 1950
TO THE IMMERS OF TED CITY COUNCIL
Corpus Christi, Texas
Gentlemen:
For the reasons set forth in the emergency clause of the fore-
going 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, hereby 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.
Respectfully,
//2
v. Y R
City of Corpus Christi, Texas
The Charter rule was suspended by the following vote.
Leslie Wasserman
Jack DeForrest
Barney Cott
Sydney D. Herndon
George L. Lowman
The above ordinance was passed
by the following vote;
Leslie 1iasserraan
Jack 11eForrest
Barney Cott
Sydney E. Herndon
George L. Lowman
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