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Home My WebLink About04498 ORD - 04/11/1956IMS:AC :4/9/56 TEXAS: AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI AN AGREE- MENT WITH THE BOARD OF WATER ENGINEERS OF THE STATE OF TEXAS FOR THE MAINTENANCE AND OPERATION OF A STREAM FL_OvJ STATION ON THE f RIVER NEAR TILDEN TEXAS FOR H YEAR BEGINNIN LY 195'y A LOST OF ONE-HALF OF WHICH IS TO D THE CIT( OF GORMi CHR IST I. OUT OF BUDGET FUNDS APPEARING IN THE SUDGET UNDER CODE NO. 112 AS RESERVOIR OPERATION FUND; AND DEC ARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. THAT THE CITYj?IC?gND HE IS HEREBY AUTHORIZED AND DIRECTED FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT WITH THE BOARD OF WATER ENGINEERS OF THE STATE OF TEXAS FOR THE MAINTENANCE AND OPERATION OF A STREAM FLOW STATION ON THE NUECES RIVER NEAR TILDEN, TEXAS, FOR THE YEAR BEGINNING JULY, 1955, AT A COST OF 900.00, ONE -HALF OF WHICH IS TO BE PAID DY THE CITY OF CORPUS CHRISTI OUT OF BUDGET FUNDS APPEARING IN THE BUD T UNDER CODE NO. 112 AS RESERVOIR OPERATION FUND, A COPY OF WHICH AGREEMENTS ATTACHED HERETO AND MADE A PART HEREOF. C SECTION 2. THE NECESSITY FOR ENTERING INTO THE AGREEMENT DESCRIBED IN SECTION 1 HEREOF CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL eE 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, HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, REQUESTING THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRO- DUCTION AND TAKE EFFECT AND DE IN FULL FORCE AND EFFECT FROP7 AND AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS THE DAY OF APRIL, 1956. ATIFT: \ MAYOR THE CITY OF CORPUS CHRISTI, TEXAS CITY SECRETAR)l L APPROVED AS TO LEGAL FORM v APRIL , 197 u': CITY ATT RIi ,Y qqqa THIS AGREEMENT AND CONTRACT, in consideration of the benefits to be received by each party and other good and valuable consideration hereinafter set forth, is entered into between the Board of Water Engineers of the State of Texas, hereinafter called the Board, andtbe City of Corpus Geri #ti. Texas—, hereinafter called the Cooperator, as follows: The Board agrees that beginning July 85 1953, and continuing until this contract is terminated as hereafter provided, to conduct or cause to be conducted a program of stream flaw investigation` to (stream flow and/or quality of water) cost the annual sum of $ 900.00 which investigations will be made as follows: 1. Maintain and operate a stream -flow station an the Noses* Aiver near Tilden. Texas. The Board and the Cooperator agree that such program of investigations shall be conducted by either of the following methods: 1. By and under the supervision of the Board, in which event the Board agrees to expend a sum of state - appropriated funds towards the cost of such investigations equal to that provided by the Cooperator. Z. By and under the supervision of the United States Geological Survey in accordance with the cooperative agreement between the Board and the Geological Survey, in which event the Board agrees that any funds paid by the Cooperator will be included as a part of such agreement between the Board and the Geological Sur- vey for the specific purpose of conducting the investigations covered by this contract. In determining which of the two aforesaid methods of conducting said investi- gations will be employed, the Board agrees to take into consideration the desires of the Cooperator, all elements of economy, efficiency, anticipated results to be achieved, integration of other work, and the program or policy of the State. The Board agrees that progress reports giving the results of the investigationL will be prepared and furnished by the Board or the United States Geological Survey, or both, for release to the Cooperator. The Board shall furnish final reports to the public should the results of the study justify publication. If the Board has herein agreed to maintain a chemical quality of water station, it further agrees to collect samples, furnish sampling equipment, pay for shipment of samples and sampling cases and furnish the Cooperator with copies of the analy s e s On or before the 1st day of October 1955 , the Cooperator agrees to pay to the Board the sum of .4 1450.00 to conduct the investigations until September 1, 1956 . The Cooperator further agrees to pay to the Board the sum of $ #50.00 on or before the 1st day of September, 19% and a like sum on or before the 1st day of September of each year thereafter, here- after called "annual payment date, " for so long as this agreement and contract remains in force. This contract shall supersede the contract between the hoard and the Cooperator dated March 3, 1953 and the contract between the Hoard and the Cooperator dated March 11, 1955, which two contracts cover the same investigations. It is agreed that in the event of major damages to equipment by floods.or other causes, or in case it becomes desirable to move the statiors to other locatiors the making of such major repairs or moving of equipment will be done only after mutual agreement of the parties herein and the cost shall be borne equally by each of said parties. Both parties further agree that it willbe necessary to maintain the investi- gatiofi over a considerable period of years in order to obtain the necessary records. However, this Agreement and Contract may be terminated by either party by giving written notice to the other at least 30 days prior to the annual pay- ment date. It is further agreed between the Board and the Cooperator that this Contract may be altered or amended to exclude work being performed or to include addition- al work to be performed by written agreement of the parties hereto. Witness our hands on this, the day of , 19 ATTEST; Secretary BOARD OF WATER ENGINEERS OF THE STATE OF TEXAS (Chairman) Witness our hand on this, the day of , 19 (Name of Cooperator) (Signature of Agent) (Title) ATTEST: CORPUS CkJ�ISTI, TEXAS 1956 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN; 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, 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, MAYOR- THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: FARRELL D. SMITH MINOR CULLI W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: FARRELL D. SMITH MINOR CULLI W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO y 4`9 S 7 J f