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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 L0'13