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HomeMy WebLinkAbout12342 ORD - 10/30/1974•JRR:VMR :10 -4 -74; • 1ST AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREE- MENT WITH THE CORPUS CHRISTI JUNIOR COLLEGE DISTRICT FOR AN EXTENSION AND AMENDMENT FOR A TERM OF THREE YEARS OF THE PRESENT TAX COLLECTION CONTRACT BETWEEN SAID JUNIOR COLLEGE DISTRICT AND THE CITY, ORIGINALLY AUTHORIZED BY ORDINANCE NO. 5593, AND AS LAST EXTENDED BY ORDINANCE NO. 10594, A COPY OF WHICH EXTENSION AGREEMENT AND AMEND- MENT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. WHEREAS, ON OR ABOUT THE 25TH DAY OF NOVEMBER, 1959, THE CITY OF CORPUS CHRISTI ENTERED INTO AN AGREEMENT WITH THE CORPUS CHRISTI JUNIOR COLLEGE DISTRICT BY THE TERMS OF WHICH THE CITY AGREED TO COLLECT TAXES FOR SAID SCHOOL DISTRICT UNDER CERTAIN TERMS AND CONDITIONS FOR A PERIOD OF THREE YEARS; AND WHEREAS, THE CITY AND SAID CORPUS CHRISTI JUNIOR COLLEGE DISTRICT HAVE EXTENDED THE TERMS OF THE AFORESAID AGREEMENT FROM TIME TO TIME AND AS LAST EXTENDED BY ORDINANCE NO. 10594; AND WHEREAS, SAID PARTIES HAVE BEEN CARRYING OUT THE TERMS OF SAID TAX COLLECTION CONTRACT WHICH BY ITS OWN TERMS WILL EXPIRE UNLESS EXTENDED BY THE PARTIES THERETO; AND WHEREAS, THE CITY AND THE CORPUS CHRISTI JUNIOR COLLEGE DISTRICT HAVE AGREED TO AN EXTENSION AND AMENDMENT OF SAID TAX COLLECTION CONTRACT: NOW, THEREFORE, 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, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT WITH THE CORPUS CHRISTI JUNIOR COLLEGE DISTRICT FOR AN EXTENSION AND AMENDMENT FOR A TERM OF THREE YEARS OF THE PRESENT TAX COLLECTION CONTRACT BETWEEN SAID JUNIOR COLLEGE DISTRICT AND THE CITY, ORIGINALLY AUTHORIZED BY ORDINANCE NO. 5593, AND AS LAST EXTENDED BY ORDINANCE N0. 10594, A COPY OF WHICH EXTENSION AGREEMENT AND AMENDMENT IS ATTACHED HERETO AND MADE A PART HEREOF, AND HIS EXECUTION OF SUCH CONTRACT IS HEREBY RATIFIED AND CONFIRMED. SECTION 2. THE NECESSITY FOR IMMEDIATE EXECUTION SO AS TO PERMIT CONTINUITY OF THE SAID CONTRACT AND THE SAID EXTENSION THEREOF 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 12342 r 1 �J THREE SEVERAL MEETING OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF SAID 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 13 ACCORDINGLY SO ORDAINED THIS THE DAY OF &- &--? L,�� 1974: ATTEST: . 4 ew_ Cd6g� if Y SECRETARY A JVVED: ,/ d'y DAY OF IV'�� 1974. 1 IWWAW66. WC., ASST„ ITY ATTORNEY MAYOR THE CITY OF CORPUS CHRISTI, TEXAS C AN AGREEMENT THE STATE OF TEXAS Y COUNTY OF NUECES THIS AGREEMENT ENTERED INTO THIS THE DAY OF 1974, BY AND BETWEEN THE CORPUS CHRISTI JUNIOR COLLEGE DISTRICT, HEREIN CALLED "DISTRICT", ACTING BY AND THROUGH WILLIAM F. WHITE, JR., CHAIRMAN OF THE DISTRICT'S BOARD OF REGENTS, AND PATRICK MCGLOIN, ITS SECRETARY, AND THE CITY OF CORPUS CHRISTI, A MUNICIPAL CORPORATION, HEREINAFTER CALLED "C.IT'P, ACTING BY AND THROUGH ITS CITY MANAGER, WHO EXECUTES THE SAME FOR AND ON BEHALF OF THE CITY. W I T N E S S E T H: WHEREAS, BY AGREEMENT EFFECTIVE FROM AND AFTER DECEMBER 11 1959, AND EXTENDED FROM TIME TO TIME, AND AS LAST EXTENDED BY ORDINANCE N0. 10594, THE DISTRICT AND THE CITY ENTERED INTO AGREEMENT FOR THE CITY TAX ASSESSOR - COLLECTOR TO ASSESS AND COLLECT TAXES FOR THE DISTRICT AND THE CITY BOARD OF EQUALIZATION TO EQUALIZE SAME; AND WHEREAS, THE PARTIES TO SAID AGREEMENTS HAVE AGREED TO EXTEND AND AMEND THE TERM OF SAID CONTRACT SO AS TO MAKE THE SAME EFFECTIVE TO DECEMBER 11 19771 SUBJECT TO THE RIGHT OF EITHER PARTY TO GIVE NOTICE AS PROVIDED IN SAID CONTRACT TO SOONER TERMINATE THE SAME; NOW,THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1 1' EFFECTIVE FROM AND AFTER DECEMBER 1, 1974, THE CITY, ACTING BY AND THROUGH ITS TAX ASSESSOR - COLLECTOR AND BOARD OF EQUALIZATION, SHALL ASSESS, EQUALIZE AND COLLECT TAXES FOR THE DISTRICT AS PROVIDED BY ARTICLE 10668, THE REVISED CIVIL STATUTES OF TEXAS, FOR A TERM OF THREE (3) YEARS, ENDING DECEM- BER 1, 1977. THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE IDENTICAL TO THE TERMS OF THE AGREEMENTS HERETOFORE EXISTING BETWEEN THE CITY AND THE DISTRICT, EXCEPT THAT WHEREVER THE DATE OF DECEMBER 1, 1959, DECEMBER 1, 1962, DECEMBER 1, 1965, DECEMBER 11 1968 AND /OR DECEMBER 1, 1971 APPEARS, THERE SHALL BE SUB- STITUTED THE DATE OF DECEMBER 1, 1974, AND THAT FOR THE TERM OF SAID FORMER CONTRACT, THERE SHALL BE SUBSTITUTED THE TERM OF THREE YEARS BEGINNING u DECEMBER 11 1974, AND FURTHER, WHEREVER IN SAID CONTRACT THE WORDS "UTILITY OFFICE" AND "IBM MACHINE SERVICE" APPEAR, THEY SHALL HEREAFTER READ "DATA PROCESSING DIVISION " AND "COMPUTER SERVICE', RESPECTIVELY. IN WITNESS WHEREOF THESE PRESENTS ARE EXECUTED BY AUTHORITY OF THE GOVERNING BODIES OF THE RESPECTIVE PARTIES HERETO ON THIS THE DAY OF 1974. ATTEST: CITY OF CORPUS CHRISTI CITY SECRETARY APPROVED: DAY 1974: .0 A EXEC. ASS 4ITY ATTORNEY ATTEST: PATRICK MC GLOIN, SECRETARY APPROVED: J DAY OF , 1974: ATTORNEY FOR CORPUS CHRISTI JUNIOR COLLEGE DISTRICT BY CITY MANAGER CORPUS CHRISTI JUNIOR COLLEGE DISTRICT WILLIAM F. WHITE, JR. CHAIRMAN, BOARD OF REGENTS • Corpus Christi, Texas • 3 0 � ay of , 19 7V 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. Respectfully, 0 MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark The above ordinance was passed by the following vote: Jason Luby James T. Acuff Rev.' Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark