HomeMy WebLinkAbout10406 ORD - 08/11/19710 BJW:8/10/71 . i 1 •
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE
AN AGREEMENT WITH THE LOWER NUECES RIVER WATER SUPPLY
DISTRICT, A COPY OF WHICH AGREEMENT IS ANNEXED HERETO,
MARKED EXHIBIT "A" AND INCORPORATED HEREIN BY THIS
REFERENCE; 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, 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 PROVIDING FOR
THE PAYMENT OF MONIES TO THE DISTRICT FOR THE PURPOSES OF RETIRING THE TAX -
SUPPORTED DEBT OF THE DISTRICT, A COPY OF SAID AGREEMENT BEING ANNEXED HERE-
TO, MARKED EXHIBIT "A ", AND INCORPORATED HEREIN BY THIS REFERENCE.
SECTION Z. THE NECESSITY TO EXECUTE THE AFORESAID AGREEMENT AT
THE EARLIEST POSSIBLE DATE CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE
PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDI-
NANCE 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 SUCH EMERGENCY AND NECES-
SITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE AND THAT
THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT
SUCH ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER
ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE &4)bAY OF AUGUST,
1971.
ATTEST:
0
o
CITY SECRE OR
THE CITY F CO U CHRISTI, TEXAS
APPROVED:
DAY 0 AUGUST, 971
SAM R. RIGGS, CITY 1RNEY
10406
•
AGREEMENT
THE STATE OF TEXAS X
COUNTY OF NUECES X
This Agreement this day entered into between the City of
Corpus Christi, hereinafter called "City ", and the Lower Nueces River
Water Supply District, hereinafter called "District ",
W I T N E S S E T H:
WHEREAS, the City desires to make payments to the District,
for the purposes of retiring the tax- supported debt of District; and
WHEREAS, the contract between City and District, executed on
August 10, 1955, and hereinafter called 111955 Contract ", provides in
Section 16 thereof that the City becomes the owner of the reservoir
facilities when the debt incurred for these facilities is paid off; and
WHEREAS, the City desires to make a payment toward the principal
and interest of District so that District will not be required to levy
a property tax:
NOW, THEREFORE, in c -)nsideration of the mutual benefits to
accrue to the parties upon the adoption of the following contract, and
in consideration of the obligations to be discharged by the City and the
District under the provisions of the proposed contract, the parties hereto
agree as follows:
1. City agrees to pay to District Twenty -Five Thousand Dollars
($25,000.00) per month on the 15th of each month for the months of August,
1971, through July, 1972, or a total of Three Hundred Thousand Dollars
($300,000.00) during the 1971 -72 Fiscal Year as a payment for the purposes
of meeting the interest and principal of the District on District's tax -
supported debt. This payment will in no way affect the 1955 Contract.
The payments under this section are in addition to those required by the
1955 Contract.
2. City agrees to pay in advance certain amounts of the payment
required after the close of the 1955 Contract year so that the August
payment and each monthly payment through July, 1972, will be Seventy -Five
Thousand Dollars ($75,000.00) except for the final settlement of the
1971 -72 contract year which will occur in July, 1972. If the City has
paid more during 1971 -72 than the contract required, the City shall
cease making payments until such overpayment has been eliminated.
3. District agrees that no property tax will be levied for
the 1971 tax year on property that is in the District as of January 1,
1971, and that payments by City under this contract will be used for
the payment of principal and interest on debt incurred for the construction
of reservoir facilities.
4. Both parties contemplate that the City will be able, and
desires to make a similar payment for debt service, additional to above -
mentioned contract, in future years making possible retirement of principal
and the payment of interest on the tax - supported debt of District without
the necessity of District levying a property tax. District and City agree
to negotiate a renewal of this contract prior to August 31, 1972, and in
succeeding years.
IN 14ITNESS WHEREOF, the parties hereto have caused this agreement
to be executed by their duly authorized representatives, this the
day of
ATTEST: CITY OF CORPUS CHRISTI
By
R. Marvin Townsend
City Secretary
APPROVED:
/D j DAY OF
i � n l // 1 Si % /.�
City Attorney
Director of Finance
LOWER NUECES RIVER WATER
ATTEST: SUPPLY DISTRICT
sy
Secretary
APPROVED:
Attorney for Lower Nueces
River Water Supply District
•
CORPUS CHRISTI, TEXAS
•
_114 .DAY OF 19-ZIL
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 SUSPEN-
SION 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 ORDI-
NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE
CITY COUNCIL.
ZECTFULLY,
J
0
MAYOR
THE CITY OF CO CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
BONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLO
BONNIE S12EMORE
CHARLES A. BONNIWELL /
ROBERTO BOSQUEZ
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK