The URL can be used to link to this page

Home My WebLink About15618 ORD - 07/02/1980• AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH JOSEPH T. DAWSON, FOR AGRICULTURAL WATER SERVICE TO LOTS 3, 4, 9, 10, 11, 12, 13 AND 14, SECTION 39, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, ALL AS MORE FULLY SET FORTH IN THE CONFRACT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND 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 Joseph T. Dawson for agricultural water service to Lots 3, 4, 9, 10, 11, 12, 13 and 14, Section 39, Flour Bluff and Encinal Farm and Garden Tracts, 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 suspension 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 fianlly 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 the &flay of July , 1980. ATTEST: APPROVED: DAY OF July , 1980: J. BRUCE AYCOCK, CITY ATTORNEY .15628 TY OF CORPUS CHRISTI, TEXAS oskao't° Q `yen 4��2 . AGRICULTURAL WATER USE COVENANT THE STATE OF TEXAS 1 COUNTV OF NUECES 1 THIS COVENANT AND AGREEMENT made and entered into in duplicate originals by and between .Tonep:L T. Dawson herein call "OWNER(S)", and the CITY OF CORPUS CHRSITI, TEXAS a home rule city of more than 200,000 population, a municipal corporation and body politic duly organized and existing under the laws of the State of Texas, situated in Nueces County, Texas; hereinafter called "CITY", for and in consideration of the exchange of mutual covenants and conditions herein contained on the part of Owner and City to be kept and performed, the parties do hereby covenant and agree as follows, to -wit: - That Owner is the owner in fee simple of all the following described property located in Nueces County, Texas, situated inside the corporate limits of the City, generally delineated on the map attached hereto and marked "Exhibit A", and being more particularly described as follows, to -wit: Lots 3, 4, 9, 10, 11, 12, 13 and 14, Section 39 Flour Bluff and Encinal Fara and Garden Tracts. 1I. The City has agreed to furnish 0wner water. service to the above described property conditioned on OE.ner's compliance therewith and current payment of all charges due therefor under the City's established rates for such water service. III. Owner hereby expressly covenants with City, as a covenant running with the land and binding upon his heirs, successors and assigns, and as a guarantee to the City. that the water furnished hereunder is for agricultural use only and in the event such use is substantially discon- tinued for a period of nine (9) months, less the time such property is subjected to a natural disaster, if any, the use of City water on said property shall be discontinued and said water service shall be terminated. In no event shall water be used for other than agricultural purposes. IV. That in further consideration of the rights herein granted to Owner by the City, the Owner hereby covenants and agrees that said tract of land described hereinabove comprises twenty (20) acres or more of land. that said land is being used and will continue to be used for agricultural uses, that said land is in a single ownership which will not be reduced in size through the sale, subdividing or replatting of same, that all applicable building permit, tap, extension and plumbing permit charges have been paid, that the land will not be subdivided, nor will utilities be extended thereon, nor will rezoning be requested to allow more residential units or nonresidential units or nonagricultural uses of said land unless said land is in compliance with all regulations of the City's Platting Ordinance. V. .A11 copnections to the City water system shall be subject to the same rules and regulations regarding standards of installation and disconnections for failure.to pay charges, as other consumers within the City limits. - VI. The teras and conditions of this agreement shall constitute a ccve-=-t r.m^inn with the land and shall be binding upon all successors, heirs and assigns of said Owner and said covenant shall be recorded in ea_ .._cors os the county in w.`:ich the majority of the arca of said prcoerty is sit:;a_ed. WITNESS OUR HANDS, this the day of 19 CITY OF CORPUS CHRISTI, TEXAS By City Manager ATTEST: City Secretary APPROVED: City Attorney OWNER(S): osE114 ISH aSa3 5 /3h, �e-vp us CA �c.ra—✓ OWNER(S): (Capacity) Address OWNER(S): (Capacity) Address THE STATE OF TEXAS 1 couNrl OF NUECES I 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 acknowledged to me that he executed the City of Corpus Christi for the purposes and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF 19 THE STATE OF TEXAS I COUNTY OF NUECES I the foregoing instrument, and same as the act and deed of said and consideration therein expressed OFFICE, this the day of Notary Public in and for Nueces. County, Texas BEFORE PE, the undersigned authority, on this day personally appeared cTosEpk TrbAwsoN . 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 ' Lc. expressed, and in the capacity therein stated. . GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the_12/Iday of 41 11` 198 e. Notary Public in and for Nueces County. Texas Tsu E ,V,'EInnn . THE STATE OF_TEEXAS I COUNTY OF NUECES 1 BEFORE t'E, the undersigned authority, on this day personally appEared , i-nown tc we to be the person whose na-'e is subscribed to the foregoing instrument, and acknowledged to r.._ that he executed the same for the purposes and Coasid..eration therein expressed, and in the capacity therein stated. GIUE,. U ,,,'" :3E4.1_ OF OFFICE, this '"-=— day of 19 Notary Public in and for Nueces County, Texas Corpus Christi, Texas Ay14._day of 19b) 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. Respectfully, �f iii' �L. MA HE OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Luther Jones Edward L. Sample Dr. Jack Best 0 David Diaz p Jack K. Dumphy �(�,Q Betty N. Turner "" // Cliff Zarsky 04 The above ordinance was passed by the following vote: Luther Jones. Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky