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Home My WebLink About15617 ORD - 07/02/1980• • AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH PETER SIRACUSA, FOR AGRICULTURAL WATER SERVICE TO THE SOUTH ONE-HALF OF THE NORTHWEST ONE-FOURTH OF SURVEY NUMBER 409, A B AND M ABSTRACT NUMBER 555, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be authorized to execute a contract with Peter Siracusa for agricultural water service to the south one-half of the northwest one-fourth of Survey Number 409, A B and M Abstract Number 555, all as more fully set forth in the contract, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A". SECTION 2. The necessity to authorize execution of the aforesaid contract for agricultural water service at the earliest practicable date creates a public emergency and an imperative public necessity requiring the sus- pension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction but 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, having requested the suspension of the 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, this theanaday of July , 1980. ATTEST: ' ySecretary APPROVED: DAY OF July , 1980: YCOC CITY ATTORNEY 15617 THP'ITY OF CORPUS CHRISTI, TEXAS MIC 9N1ED ate' v•1" • AGRICULTURAL WATER USE COVENANT THE STATE OF TEXAS d COUNTY OF NL'ECES THIS COVENANT made and entered into in duplicate originals by and between Peter Siracusa , Owner(s), hereinafter called "OWNER(S), and THE CITY OF CORPUS CHRISTI, TEXAS, a home rule city of more than 200,000 population, a municipal corporation and body politic under the laws of the State of Texas, situated in Nueces County, Texas, hereinafter called "CITY", for good and valuable consideration in hand received. by the parties respectively and upon the covenants and conditions hereinafter stated, WITNESSETH: I That Owner(s) is/are the owner(s) in fee simple of all the following described property located in Nueces County, Texas, situated outside the corporate limits of City, generally delin- eated on the map attached hereto and marked "Exhibit A", and being more particularly described as follows, to -wit: • Mc,Renzie Road (S/2) .of NW/4 of Survery 0409 A$, & M. Abat. No. 555 - Unplatted The south one-half (1/2) of the northwest one-fourth (1/4) of Survey. 0409, A. B. A M. Abstract No. 555. fix .;9., II The City has agreed to furnish Owner(s) water service to the above described property upon terms and conditions promulgated by subject to Section 55-112, Code of Ordinances Cit of City pursuant and Y Corpus Christi, which are by this reference. incorporated herein and made poses, and further conditioned on Owner(s) a part hereof for all pur- O compliance therewith and current payment of all charges due therefor under the City's established rates for such water service. III Owner(s) hereby expressly covenant(s) ( ) with City, as a covenant running with the land and binding successors and assigns, and as a guarantee to the City, that the water furnished hereunder is to be used for agriculture only,' hereby defined as meaning cultivating the soil, harvesting crops, raising live- - stock, or pasture grazing; and in the event such use is substantially discon-. tinned for a period of nine9 () months, less the time such property is subjected to a natural disaster, if any, the use of City water on such property shall be discontinued and City water service shall be terminated; In no event shall said water be used for other than agricultural purposes. Any use of water for other -than agricultural purposes will be deemed a violation of this covenant and will result in the/termination of water service unless such other use is discontinued within three days after written notice of such violation.-•• • Iv Owner(s) agree(s) to construct all improvements on such property, except for structures which are solely agricultural in nature, in accordance' and compliance with all City Codes and regulations and to obtain all City per- mits as though such property were inside the City. .Owner(s) consents) to allow inspections of all of such construction by duly authorized inspectors or representatives of City departments charged with enforcement of said Codes and regulations. Owner(s) agree(s) that as to any improvements the applicable Codes and regulations shall be those in effect at the time -of commencement of such improvements. • All connections same rules and regulations including installation and within the City limits. • V. to the City water system shall be subject to the regarding standards of delivery of water service. disconnections for failure to pay charges, as consumers VI This covenant shall be recorded in the Deed Records of the county in which the majority of the area of said property is situated. WITNESS OUR HANDS, this the j day of ally 19 kD CITY OF CORPUS CHRISTI. TEXAS OWNER(S) By ATTEST: City Manager (Capacity) City Secretary Peter Siracusa ADDRESS: Rt. 1 Bos 118 Corpus Christi, TX 78415 APPROVED: ADDRESS: City Attorney .(Capacity) (Capacity) . ADDRESS: (Capacity) THE STATE OF TEXAS X COUNTY OF NUECES X BEFORE ME, the undersigned authority, on this day personally appeared , City Manager of the City of Corpus Christi, Texas, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of said City of Corpus Christi for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 19 Notary Public in and for Nueces County, Texas THE STATE OF TEXAS k COUNTY OF NUECES X BEFORE ME, the undersigned authority, on this day personally appeared Peter Siracusa , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein lexpressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SERI. OF OFFICE, this the 1st day / of •i .July , 19 BO ry Public in and for Nueces County, Texas '7t1SE E. VIEtbi Corpus Christi, Texas , - rla-dday of 1 ` uM _ ' 19 / TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas 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, 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. The Charter rule was Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky The above ordinance Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky Respectfully, if • E C ��" OF CORPUS CHRISTI, TEXAS suspended by the following vote: was passed by the following vote: 1561'7