HomeMy WebLinkAbout12739 ORD - 08/06/1975oJKH:VMR:8- 6- 75,1ST
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT
WITH THE UNITED STATES OF AMERICA, ACTING BY THE
REGIONAL DIRECTOR, SOUTHWEST REGION, BUREAU OF RECLAMA-
TION, FOR PAYMENTS TOWARD THE LOCAL SHARE OF THE COST
OF THE CHOKE CANYON RESERVOIR, ALL AS MORE FULLY SET
FORTH IN THE CONTRACT, A COPY OF WHICH, IN SUBSTANTIALLY
THE SAME FORM, IS ATTACHED HERETO, MARKED EXHIBIT "A",
AND MADE A PART HEREOF FOR ALL PERTINENT PURPOSES,AND
DECLARING AN EMERGENCY.
WHEREAS, THE RECLAMATION DEVELOPMENT ACT OF 19714 (PUBLIC LAW 93-493,
OCTOBER 17, 1974; BB STAT. 1486, 1496 -97; 43 U•S•C. 600G, 600G -1, 600G -2,
60OG -4 (SUPP. 1974), AUTHORIZES THE UNITED STATES TO CONSTRUCT, OPERATE, AND
MAINTAIN THE NUECES RIVER PROJECT, TEXAS, OF WHICH THE PRINCIPAL FEATURE IS
THE CHOKE CANYON DAM AND RESERVOIR ON THE FRIG RIVER NEAR THREE RIVERS, TEXAS,
FOR THE PURPOSE OF STORING, REGULATING, AND FURNISHING WATER FOR MUNICIPAL
AND INDUSTRIAL USES, CONSERVING AND DEVELOPING FISH AND WILDLIFE, RESOURCES,
AND ENHANCING OUTDOOR RECREATIONAL OPPORTUNITIES; AND
i.
WHEREAS, THE RECLAMATION DEVELOPMENT ACT OF 1974 AUTHORIZES AND
DIRECTS THE UNITED STATES TO PROCEED WITH CERTAIN PHASES OF THE PROJECT UPON
RECEIPT OF NON - FEDERAL CONTRIBUTIONS OF FUNDS FROM THE CITY OF CORPUS CHRISTI:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF y
CORPUS CHRISTI, TEXAS: ;)
SECTION 1. THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO
ENTER INTO A CONTRACT WITH THE UNITED STATES OF AMERICA, ACTING BY THE REGIONAL
DIRECTOR, SOUTHWEST REGION, BUREAU OF RECLAMATION, FOR PAYMENTS TOWARD THE LOCAL
SHARE OF THE COST OF THE CHOKE CANYON RESERVOIR, ALL AS MORE FULLY SET FORTH IN
THE CONTRACT, A COPY OF WHICH, IN SUBSTANTIALLY THE SAME FORM, IS ATTACHED
HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A ".
SECTION 2. THE NECESSITY TO IMMEDIATELY AUTHORIZE EXECUTION OF THE
AFORESAID CONTRACT IN ORDER THAT THE AFORESAID PROJECT MAY BE COMMENCED 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
12739
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COUNCIL, AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST,
AND 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 DAY of AUGUST, 1975•
ATTEST:
Crry SE ETARY MAYO
THE CITY OF CORPUS CHRISTI, XAS
VED:
DAY OF AUGUST, 1975
CITY ATTORN
(R0072175) Contract No.
1 NUECES RIVER RECLAMATION PROJECT, TEXAS
2 CONTRACT
3 BETWEEN THE
4 UNITED STATES OF AMERICA
5 AND
6 CITY OF CORPUS CHRISTI, TEXAS
7 for
8 ADVANCEMENT OF FUNDS FOR CONSTRUCTION
9 of the
10 NUECES RIVER FEDERAL RECLAMATION PROJECT, TEXAS
11 THIS CONTRACT, made this day of 19 ,
12 between. the UNITED STATES OF AMERICA, hereinafter referred to as the
13 "United States," acting through the Secretary of the Interior as his
14 duly authorized representative, hereinafter referred to as the
15 "Contracting Officer," pursuant to Federal Reclamation Law; and the
16 City of Corpus Christi, hereinafter referred to as the "Contractor,"
17 with its principal offices at 302 South Shoreline, Post Office Box 9277,
Cczpuz Chri=i, Ta=n ?81.02.
19 WITNESSETH THAT:
20 WHEREAS; the Reclamation Development Act of 1974 (Public
21 Law 93 -493, October 17, 1974; 88 Stat. 1486, 1496 -97; 43 U.S.C. 600g,
22 600g -1, 600g -2, 60C; -4 (supp. 1974)), authorizes the United States to
23 construct, operate, and maintain the Nueces River Project, Texas, of
24 which the principal feature is the Choke Canyon Dam and Reservoir on
25 the Frio River near Three Rivers, Texas, for the purpose of storing,
26 regulating, and furnishing water for municipal and industrial uses,
27 conserving and developing fish and wildlife resources, and enhancing
28 outdoor recreational opportunities; and
Preamble
0 0
(80072175)
1 WHEREAS, the Reclamation Development Act of 1974 authorizes
2 and directs the United States to proceed with certain phases of the
3 project upon receipt of non — Federal contributions of funds from the
4 Contractor.
5 NOW, THEREFORE, in consideration of the mutual and dependent
6 covenants herein, the parties hereto agree as follows:
7 1. The Contractor shall advance not less than $18,250,000 to
8 the United States in accordance with the following mutually acceptable
9 advance payment schedule and subject to appropriations by the Contractor's
10 city council.
11 ADVANCE PAYMENT SCHEDUI:E
12 The Contractor will advance on a monthly or quarterly basis
13 to the Contracting Officer at the place and time designated by such
14 officer the amount requested by such officer for the ensuing period
15 according to his estimates of work progress and needs. Such estimates
16 shall not contemplate advances to the Contracting Officer in excess of
17 requirements for the next 60 days.
18 August 1, 1975 to June 30, 1976 900,000
19 July 1, 1976 to September 30, 1976 1,000,000
20 October 1, 1976 to September 30, 1977 2,500,000
21 October 1, 1977 to September 30, 1978 7,600,000
22 October 1, 1978 to September 30, 1979 3,600,000
23 October 1, 1979 to September 30, 1980 2,650,000
24 Total $18,250,000
Preamble
2 Art. 1
— 1
o - o
(R0072175)
1 Upon completion of the Nueces River Project, Texas as authorized by
2 the Reclamation Act of 1974, said advance shall be credited to the
3 repayment obligation of the Contractor for municipal and industrial
4 water supply.
5 2. Upon receipt of the first advance payment by the Con -
6 tractor, the United States shall proceed with postauthorization
7 planning, pzaparation of designs and specifications, and land acqui-
8 sition and the award of construction contracts pending availability
9 of Federal appropriated funds: Provided, however, That construction
10 of the project shall not be commenced until a. suitable repayment
11 contract has been executed by the Secretary with a qualified entity.
12 Land acquisition costs shall include payments made under the Uniform
13 Relocation Assistance and Real Property Acquisition Policies for
14 Federal and Federally Assisted Programs Act (Public Law 91 -646,
15 84 Stat. 1894 (1971), 42 U.S.C. sections 4601 -55 (1970);
16 Tex. Civ. Stat. Ann. Art. 3266b (Supp. 1974)).
17 3. At any time following the first advance of funds by the
18 Contractor, the Contractor may request the United States to terminate
19 project activities then in progress. The request must be in writing.
20 Upon receipt of such a request, the United States shall return unexpen-
21 ded funds advanced by the Contractor; assign to the Contractor the
22 rights and obligations of the United States to any contract in force;
23 convey to the Contractor any real property acquired with advanced
24 funds; and
Art. 1
Art. 2
3 Art. 3
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(R0072175)
1 provide to the Contractor any data, drawings, or other items of value
2 procured with advanced funds. Upon receipt of said request and return
3 to the Contractor of said unexpended advance funds and property acquired
4 with advance funds, all obligations of the parties thereto under this
5 contract shall terminate.
6 4. On the 15th day of each month, the United States shall
7 furnish to the Contractor a written report of progress and cost of
8 work during the preceding month. Contractor may inspect any work
9 performed under this contract during normal business hours.
10 5.• Any dispute arising under this contract shall be decided
11 upon by the Contracting Officer who shall furnish a copy of said decision_
12 to the Contractor in accordance with 41 CFR, Section 1.7.102 -12, as
13 amended.
14 6. The expenditure or advance of any money or the performance
15 of any work by the United States or the Contractor hereunder which may
16 require appropriation of money by the Congress or by the Contractor's
17 city council or the allotment of funds shall be contingent upon such
18 appropriation or allotment being made. The failure of the Congress to.
19 appropriate funds or the absence of any allotment of funds shall not
20 relieve the Contractor from any obligations under this contract. No
21 liability shall accrue to the United States or to the Contractor in
22 case such funds are not appropriated or allotted.
Art. 3
Art. 4
Art. 5
4 Art. 6
MI
J
(R0072175)
1 7. Provisions of this contract shall apply to and bind the
2 successors and 'assigns of the parties hereto, but no assignment or
3 transfer of this contract or any part or interest therein shall be valid
4 until approved by the Contracting Officer.
5 8. No Member of or Delegate to Congress or Resident Commissioner
6 shall be admitted to any share or part of this contract or to any benefit
7 that may arise herefrom. This restriction shall not be construed to
8 extend to this contract if made with a corporation or company for its
9 general benefit.
10 9. No official of the city shall receive any benefit that
11 may arise by reason of this contract other than as a landowner within
12 the project, and in the same manner as other landowners within the
13 project.
14 10. This contract shall be effective as of the date of
15 execution and shall continue to be effective until provisions of this
16 contract have been fulfilled or are incorporated into a long -term
17 repayment contract, provided that Contractor's acceptance is conditioned
18 upon appropriation of its initial $900,000.
Art. 7
Art. 8
Art. 9
Art. 10
5
(R0072175)
1 IN WITNESS THEREOF, the parties hereto have caused this agree -
2 ment to be executed.the day and year first hereinabove written.
3 UNITED STATES OF AMERICA
4 By
5 Regional Director
6 Southwest Region
7 Bureau of Reclamation
8 (SEAL)
9 ATTEST: CITY OF CORPUS CHRISTI= TEXAS
10 By
11 Title
12 (SEAL)
13 ATTEST:
14
15 APPROVED AS TO LEGALITY:
16
17 City Attorney, City of Corpus
18 Christi, Texas
Signatures
6 .
M
CORPUS CHRISTI, TEXAS
LL DAY
TO THE MEMERS OF THE CITY COUNCIL
COPPUS 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 COUNCILS 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, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
JASON LUBY
DR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
BOB GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE
THE ABOVE ORDINANCE WAS PASSED BY
JASON LUBY
OR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
BOB GULLEY
GABE LOZANO, SR.
r
EDWARD L. SAMPLE
E: