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HomeMy WebLinkAbout13527 ORD - 12/15/1976JKH:vmr:12- 14- 76;lst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE LOWER NUECES RIVER WATER SUPPLY DISTRICT BY THE TERMS OF WHICH THE CITY AGREES TO MAKE A $180,000 SUPPLEMENTAL PAYMENT TO THE DISTRICT FOR DEBT RETIRE- MENT DURING THE 1976 -77 FISCAL YEAR, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, MARKED 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 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 $180,000 supplemental payment to the District for debt retirement during the 1976 -77 fiscal year, all as more fully set forth in the agreement, in substantially the form attached hereto, marked Exhibit "A ", and made a part hereof. SECTION 2. The necessity to execute the aforesaid agreement 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 and that such ordinance or resolution shall;be read at three several meetings of the City I 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 ACCORD- INGLY SO ORDAINED this the ��'^` day of December, 1976. ATTEST: loo y secretary• MAYOR THE C OF CORPUS CHRISTI, TEXAS APPROyED: S /DAY OF DECEMBER, 1976 J. BRUCE AYCOCK, CITY ATTORNEY ByAssistant City A orney JUG 3 1980 J-3527 � ' r• AGREEMENT STATE OF TEXAS 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 contract between City and District, executed on August 10, 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 pro- visions 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 privileges accruing to either the District or the City by such prior undertakings, the parties hereto agree as follows: 1. City agrees to pay the District Fifteen Thousand Dollars ($15,000) per month for the months of August, 1976, through July, 1977, or a total of One Hundred Eighty Thousand'Dollars ($180,000) during the 1976 -77 fiscal year as a payment for the purposes of enabling District to meet its debt service obligations and thus expedite the transfer of title of the reservoir to the City of Corpus Christi. These payments will in no way affect the 1955 Contract. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their duly authorized representatives, this the day of December, 1976. ATTEST: CITY OF CORPUS CHRISTI City Secretary APPROVED:—DAY OF , 1976 J. BRUCE AYCOCK, CITY ATTORNEY ATTEST Secretary By. R. Marvin Townsend, City Manager LOWER NUECES RIVER WATER SUPPLY DISTRICT By. President CORPUS CHRISTI, TEXAS DAY OF TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCEI A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EX13T FOR THE SUSPEN- 31ON OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; 1, THEREFORE REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY T E FOLLOWING VOTE: .JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY yGABE L02AN0�_$R. E &DDK RD, L. SAMPLE ITHE ABOVE y ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: JASON4 LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE If