HomeMy WebLinkAbout05067 ORD - 06/18/1958h
IMS:ES:6/17/58
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON
BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN
AGREEMENT WITH THE LOWER NUECES RIVER WATER SUPPLY
DISTRICT PERMITTING THE CITY TO OPERATE AND MAINTAIN
THE DAM AND RESERVOIR PROPERTY OF THE SAID DISTRICT,
A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE
A PART HEREOF; AND DECLARING AN EMERGENCY. _
BENT ORDAINED 6Y THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. THAT THE CITY MANAGER BE, AND HE IS HEREBY AUTHORIZED
AND DIRECTED TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, AN
AGREEMENT WITH THE LOWER NUECES RIVER WATER SUPPLY DISTRICT PERMITTING THE
CITY TO OPERATE AND MAINTAIN THE DAM AND RESERVOIR PROPERTY OF THE SAID
DISTRICT, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF.
SECTION 2. THE NECESSITY FOR THE IMMEDIATE EXECUTION OF THE AGREE-
MENT 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 BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT
SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE
CITY COUNCIL, AND THE MAYOR, HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY
EXIST, REQUESTING THAT SUCH CHARTER RULE BE SUSPENDED AND THAT THIS ORDINANCE
BE PASSED FINALLY ON THE DATE IT IS INTRODUCED 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 DAY OF JUNE, 1958.
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
ATTEST:
CITY SECRETARY
APPROVED AS TO LEGAL FORM THIS
THE 4 DAY OF JUNE, 1958 :._
CITY TT RN EY
iL
THE STATE OF TEXAS i
COUNTY OF NUECES
WHEREAS I:v%ver Nueces Raver Water Supply District and the City
of Corpus Christi entered into a "Water Contract ", dated the 10th day of August,
1955, which agreement is hereby referred to; and
WHEREAS it is contemplated that the Wesley E. Seale Dam and
impounding facilities will be completed by the contractor in the near future and
will be accepted from the contractor by the District; and
WHEREAS the District has not completed acquisition proceedings to
obtain the right to inundate all of the land that will be covered by the waters of
the reservoir created by the Wesley E. Seale Dam; and
WHEREAS upon the District's acceptance of the Dam and impounding
facilities from the contractor it will be necessary that the Dam ar_d impounding
facilities and the reservoir to be created thereby be continuously operated and
maintained; and
WHEREAS the District does not have the personnel and equipment
necessary for such continuous operation and maintenance, but the City on the
other hand does have such personnel and equipment and is in position to assume
this operation and maintenance,
rr IS HEREBY AGREED that (1) upon the completion of the Wesley
E. Seale Dam and impounding facilities by the contractor and the acceptance
thereof by the District the City will immediately assume and perform the con-
tinuous operation and maintenance of the Dam, impounding facilities, and the
reservoir created thereby, usilij the same standards and degree of care as
provided in the 1955 contract; (2) this agreement, however, is without prejudice
and shall in no way constitute any waiver of any rights or privileges that either
party to this agreement may b?ve under and by virtue of the aforesaid contract,
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and nothing herein provided for or stated nor any act done pursuant to this
agreement shall be interpreted, by implication or otherwise, as bearing on
a proper construction of the said 1955 contract as between the parties as to
proper date for acceptance of the Dam, reservoir facilities and land areas;
proper accounting; conrect payment procedure and rates and all other matters
governed by the terms of said 1955 contract.
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed by their duly authorized representatives, this the
day of A. D. 1958.
ATTEST:
Secretary
APPROVED AS TO LEGAL FORM:
Attorney for Lower Nueces River
Water Supply District
LOWER NUECES RIVER WATER
SUPPLY DISTRICT
Sy.
President
CITY OF CORPUS CHRISTI, TEXAS
By
ATTEST: City Manager
City Secretary
APPROVED AS TO LEGAL FORM:
City Attorney
"
C = STI, TEXAS
1958
TO THE MEMBERS OF THE 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 RESOLU-
TION 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 INTRO-
DUCED, 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
W. J. ROBERTS
B. E. BIGLER
MANUEL P. MALDONADO
CHARLIE J. AILLS
ARTHUR R. JAMES
ODELL INGLE
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
FARRELL D. SMITH
W. J. ROBERTS
B. E. BIGLER
MANUEL P. MALDONADO
CHARLIE J. AILLS
ARTHUR R. JAMES
ODELL INGLE Q c.�