HomeMy WebLinkAbout12894 ORD - 11/05/1975• J" :hb:lX /5/75:lst •
AN ORDINANCE
AMENDING THE CONTRACT BETWEEN THE CITY OF CORPUS
CHRISTI AND THE UNITED STATES OF AMERICA, ACTING
BY THE REGIONAL DIRECTOR, SOUTHWEST REGION, BUREAU
OF RECLAMATION, WHICH CONTRACT WAS AUTHORIZED BY
ORDINANCE NO. 12739, PASSED AND APPROVED ON AUGUST 6,
1975, SO AS TO PROVIDE FOR ADDITIONAL AUTHORIZATION
AS TO THE PARTIES TO SAID CONTRACT, ALL AS MORE
FULLY SET FORTH IN THE AMENDED CONTRACT, A SUBSTANTIAL
COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF,
MARKED EXHIBIT "A '; AND DECLARING AN EMERGENCY.
WHEREAS, by Ordinance No. 12739, passed and approved by the
City Council on August 6, 1975, authorization was granted to the City
Manager 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;
and
WHEREAS, it is mutually agreeable that additional authorization
be granted the parties to said contract and that such authorization be
reduced to writing:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. That the contract heretofore authorized by and
between the City of Corpus Christi and the United States of America,
acting by the Regional Director, Southwest Region, Bureau of Reclamation,
by authority of Ordinance No. 12739, be and the same is hereby amended so
as to provide for additional authorization to include the following: '
A. Right of the local entity to terminate project
activities will cease -as soon as Federal funds are
committed to the project.
B. New work by the Bureau of Reclamation to include only
postauthorization planning until the Secretary of Interior
proceeds with the project, following a 30-day waiting
period after filing the final Environmental Statement
with the Council on Environmental Quality.
C. Approval of the contract will not constitute a
commitment by the Secretary of Interior to make a final
decision of whether to proceed with the project prior
to the end of the 30-day waiting period.
A substantial copy of the amended contract is attached hereto and made a
part hereof, marked Exhibit "A ".
r" #
SECTION 2. The necessity to authorize execution of the
amended contract aforesaid 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 that such emergency and necessity exist, and having
requested the suspension of the 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 IS ACCORDINGLY SO
ORDAINED, this the15 & day ofAJQ,7y , , 1975.
ATTEST:
IL ±*A--
Ci Secreta-ry MAYOR Pro -Tem
THE CITY & CORPUS CHRISTI, TEXAS
7 APP:
DAY OF , 1975:
401 Owtoi,
%' Tity Attorney
(R0072175) Contract No.
1 NUECES RIVER RECLAMATION PROJECT, TEXAS
2 CONTRACT
3 BETGTEEN 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,
18 Corpus Christi, Texas 78408.
19 WITNESSETH THAT:
20 WHEREAS, the Reclamation Development Act of 1974 (Public
21 Law 93 -493, October 27, 1974; 88 Stat. 1486, 1496 -97; 43 U.S.C. 600gs
,22 600g -1, 600g -2, 600g -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
(R0072175)
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 cover-ants 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 PA1 ?SENT SCHEDULE
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
(RO103075)
1 Upon completion of the Nueces River Projecti Texas, as author -
2 ized by the Reclamation Act of 1974, said advance shall be
3 credited to the repayment obligation of the Contractor for
4 municipal and industrial water supply.
5 2. Upon receipt of the first advance payment by the
6 Contractor, the United States shall proceed with postauthoriza-
7 tion planning, preparation of designs and specifications, and
8 land acquisition and the award of,construction contracts pending
9 availability of Federal appropriated funds: Provided, however,
10 That the United States will limit its actions under this contract
11 to postauthorization planning until the Secretary has decided to
12 proceed with the project following a 30 -day waiting period after
13 filing of the ,final environmental statement with the Council
14. on Environmental Quality: Provided further, that the execution
15 of this contract shall not operate as a commitment by the Secre-
16 tary to a final decision of whether to proceed with the project
17 prior to the 'end of the 30 -day waiting period; and Provided
18 further, That construction of the project shall not be commenced
19 until a suitable repayment contract has been executed by the
20 Secretary with a qualified entity, land acquisition costs shall
21 include payments made under the Uniform Relocation Assistance
22 and Real Property Acquisition Policies for Federal and Federally
23 Assisted Programs Act (Public Law 91=646, 84 Stat. 1894 (1971)2
24 42 U.S.C. sections 4601 -55 (1970); Tex. Civ. Stat. Ann.
25 Art. 3266b (Supp. 1974)).
Art. 1
3 Art. 2
(RO103075)
1 3. At any time following the first advance of funds by
2 the Contractor, and prior to commitment of Federal funds to the
3 project, the Contractor may request the United States to terminate
4 project activities then in progress. The request must be in
5 writing. Upon receipt of such a request, the United States shall
6 return unexpended funds advanced by the Contractor; assign to the
7 Contractor the rights and obligations of the United States to any
8 contract in force; convey to the Contractor any real property
9 acquired with advanced funds; and provide to the Contractor any
10 data, drawings, or other items of value procured with.advanced
11 funds. Upon receipt of said request and return to the Contractor
12 of said unexpended advance funds and property acquired with advance
13 funds, all obligations of the parties thereto under this contract
14 shall terminate.
15 4. On the, 15th day of each month, the United States shall
16 furnish to the Contractor a written report of progress and cost of
17 work during the preceding month. Contractor may inspect any work
18, performed under this contract during normal business hours.
19 5. Any dispute arising under this contract shall be
20 decided upon by the Contracting Officer who shall furnish a copy
21 of said decision to the Contractor in accordance with 41 CFR,
22 Section 1.7.102 -129 as amended.
23 6. The expenditure or advance of any money or the per -
24 formance of any work by the United States or the Contractor
Art. 3
Art. 4
Art. 5
4 Art. 6
(RO103075)
1 hereunder which may require appropriation of money by the Congress
2 or by the Contractor's city council or the allotment of funds shall
3 be contingent upon such appropriation or allotment being made. The
4 failure of the Congress to appropriate funds or the absence of any
5 allotment of funds shall not relieve -the Contractor from any obli-
6 gations under this contract. No liability shall accrue to the
7 United States or to the Contractor in case such funds are not
8 appropriated or allotted.
9 7. Provisions of this contract shall apply to and bind
10 the successors and assigns of the'parties hereto, but no assign-
11 ment or transfer of this contract or any part or interest therein
12 shall be valid until approved by the Contracting Officer.
13 8. No Member of or Delegate to Congress or Resident
14 Commissioner shall be admitted to any share or part of this contract
15 or to any benefit that may arise herefrom. This restriction shall
16 not be construed to extend to this contract if made with a corpora=
17 tion or company for its general benefit.
18 9. No official of the city shall receive any benefit. that
19 may arise by reason of this contract other than as a landowner within
20 the project, and in the same manner as other landowners within the
21 project.
22 10. This contract shall be effective as of the date of execu-
23 tion and shall continue to be effective until provisions of this contract
24 have been fulfilled or are incorporated into a long -term repayment
25 contract, provided that Contractor's acceptance is conditioned upon
26 appropriation of its initial $900,000.
Art. 6
5 Art. 7
Art. 8
Art. 9
Art. 10
Signatures
6
Y
(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
R Marvin Townsend
Title: City Manager
12
(SEAL)
13
ATTEST:
14
City Secretary
15
APPROVED AS TO LEGALITY:
16
17
City Attorney, City of Corpus
18
Christi, Texas
Signatures
6
Y
0
CORPUS CHRISTI, TEXAS
DAY OF 19 (S
TO THE NEWBERS 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 TNREE MEETINGS OF THE CITY COUNCILS 1, 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 Pro - arm
THE CIN OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED
BY THE FOLLOWING VOTE:
JASON LUBY
d4raL
DR. BILL TIPTON
lip
EDUARDO DE ASES
RUTH GILL
BOB GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE_
THE ABOVE ORDINANCE WAS PASSED
BY THE FOL OWING VOTE:
JASON LueY
DR. BILL TIPTDN
EDUARDO DE ASES
RUTH GILL
BOB GULLEY
GABC LOZANO, SR.
EDWARD L. SAMPLE