HomeMy WebLinkAbout12709 ORD - 07/23/1975JKH:hb:7 /22/75
AN ORDINANCE
REPEALING ORDINANCE NO. 12450, APPROVED ON
JANUARY 29, 1975, AUTHORIZING EXECUTION OF AN
AGREEMENT WITH THE LOWER NUECES RIVER WATER
SUPPLY DISTRICT BY THE TERMS OF WHICH THE CITY
AGREES TO MAKE A $300,000 SUPPLEMENTAL PAYMENT
TO THE DISTRICT FOR DEBT RETIREMENT DURING THE
1974 -75 FISCAL YEAR, ALL AS MORE FULLY SET FORTH
IN THE AGREEMENT, IN SUBSTANTIALLY THE FORM
ATTACHED HERETO, MARRED EXHIBIT "A ", AND MADE A
PART HEREOF; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That Ordinance No. 12450, passed and approved by
the City Council on January 29, 1975, be and the same is hereby repealed
in its entirety.
SECTION 2. That the City Manager be and he is hereby authorized
to execute an agreement with the Lower Nueces River Water Supply District
by the terms of which the City agrees to make payment of $300,000 supple-
mental payment to the District for debt retirement during the 1974 -75
fiscal year, all as more fully set forth in the agreement, in substantially
the form attached hereto, masked Exhibit "A ", and made a part hereof.
SECTION 3. The necessity to execute the aforesaid agreement
at the earliest practicable date creates a public emergency and an impera-
tive public necessity requiring the suspension of the Charter rule that no
ordinance or resolution shall be passed finally on the date of its intro-
duction 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 necessity to exist, having requested the suspension of the Charter
rule and that this ordinance take effect and be in full force and effect
from and after its passage, IT IS ACCORDINGLY SO ORDAINED this the .23
day of , 1975.
ATTEST:
'zo- J�/" —
Ci Sectary MAYO
THE CITY OF CORPUS CHRIST , TEXAS
APPROVED: ;.5 DAY OF , 1975:
City Attorne
12709
A G R E E M E N T
STATE OF TEXAS X
COUNTY OF NUECES
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 contract between City and District, executed on
August 109 1955, and hereinafter called "1955 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:
NOW THEREFORE, in consideration 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, independently of
and apart from any and all undertakings heretofore entered into between
the City and the District, but not in derogation of any rights and privi-
leges accruing to either the District or the City by such prior under-
takings, the parties hereto agree as follows:
1. City agrees to pay to District Twenty -Five Thousand
Dollars ($25,000) per month for the months of August 1974, through July
1975, or a total of Three Hundred Thousand Dollars ($300,000) during the
1974 -75 fiscal year as a payment for the purposes of enabling District to
meet its construction and debt service obligations and thus expedite the
transfer of title of the reservoir to the City of Corpus Christi. These
payments will in no way affect the 1955 contract.
IN WITNESS WHEREOF, the parties hereto have caused this agreement
to be executed by their duly authorized representatives, this the day of
1975.
ATTEST: CITY OF CORPUS CHRISTI
By
City Secretary R. Marvin Townsend, City Manager
APPROVED: DAY OF , 1975: LOWER NUECES RIVER WATER SUPPLY DISTRICT
City Attorney
t
CITY OF CORPUS CHRSSTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
I certify to the City Council that $ , the amount required
for the contract, agreement, obligation or expenditures contemplated in the
above and foregoing ordinance is in the Treasury of the City of Corpus Christi
to the credit of:
Fund No, and Name
Project No. -
Project Name
from which it is proposed to be drawn, and such money is not appropriated for
any other purpose.
0
FIN 2 -55
Revised 7/31/69
19
Director of Finance _.
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
July 22, 1975
I certify to the City Council that $ 300,000.00 , the amount required
for the contract, agreement, obligation or expenditures contemplated in the
above and foregoing ordinance is in the Treasury of the City of Corpus Christi
to the credit of:
Fund No. and Name
No. 141 Water M & 0
Project No. 141 -5196 -443
Project Name Debt Service - Lower Nueces River
Water Supply District
from which it is proposed to be drawn, and such money is not appropriated for
any other purpose.
Base Budget $ 315,000
Partial Payments
to Date (204,500)
$ 110,000
.5'
FIN 2 -55
Revised 7/31/69
0
July 22, 1975 , 19
' Director of ante
5
CORPUS CHRISTI, TEXAS
3 DAY or
TO THE MIEMERS OF THE CITY COUNCIL
COPPUS CHRISTI, TEXAS
rOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING
O.t:INANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN-
SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SMALL
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
MAYOR
THE CITY OF CORPUS CHRISTI, 63AS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
JASON LueY
OR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
BOB GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
JASON LueY
DR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
BOB GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE