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HomeMy WebLinkAbout13528 ORD - 12/15/1976r w' AN ORDINANCE AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE LOWER NUECES RIVER WATER SUPPLY DISTRICT IN WHICH THE CITY AGREES TO MAKE MONTHLY PAYMENTS TO THE WATER DISTRICT TO AVOID A DISTRICT TAX LEVY, PROVIDING FOR THE CANCELLATION OF THIS AGREEMENT SHOULD THE DISTRICT LEVY A TAX, ALL AS MORE FULLY SET FORTH IN THE AGREE- MENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A "; 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 monthly payments to the Water District in lieu of a District tax levy, all as more fully set forth in the agreement, in substantially the form attached hereto and made a part hereof, marked Exhibit "A ". SECTION 2. The necessity to authorize execution of 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 introduc- tion but 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, 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 IS4k day of December, 1976. ATTEST: Ci y Secretary MAYOR ---// THE CITY OF CORPUS CHR TI, TEXAS AP#D: �,�,TTTT DAY OF DECEMBER, 1976 J. BRUCE AYCOCK, C ORNEY By Assistant Cit ttorney 1=098 MI CR�F��MfD JUN 3 01980 AGREEMENT THE STATE OF TEXAS j( 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 ", WITNESSETH: 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; and WHEREAS, the City finds that unless the hereinafter agreement is made and unless the City makes payments to the District as herein provided there will be levied by the District a property tax upon the City's citizens that will work to their economic detriment and thus adversely affect the public welfare of the City and of its citizens: 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 privileges accruing to either the District, or the City by such prior undertakings, the parties hereto agree as follows: 1. City agrees to pay in advance certain amounts of the payment required after the close of the 1955 Contract year so that the August payment and each monthly payment through July, 1977, will be seventy -five thousand dollars ($75,000) except for the final settlement of the 1976 -77 contract year which will occur in July, 1977. 2. District agrees at this time that no property tax will be levied for the 1976 tax year on property that is in the District as of January 1, 1976. 3. In the event the District should at some future date levy a tax for the 1976 tax year, this agreement will be cancelled and payments to the District will be made as provided for in the 1955 Contract. 4. Any and all penalties included in Section 13 of the 1955 Contract are expressly deleted for the duration of this agreement. IN WITNESS WHEREOF, the parties hereto have caused this agree- ment to be executed by their duly authorized representatives, this the day of , 1976. ATTEST: City Secretary APPROVED: J# OF DECEMBER, 1976: J. B$UCE AYCOCK, CITY ATTORNEY By I W Assistant Ci ty Attorney, ATTEST:' Secretary CITY OF CORPUS CHRISTI By R. Marvin Townsend, City Manager LOWER NUECES RIVER WATER SUPPLY DISTRICT By. President CORPUS CHRISTI, TEXAS 1J AA. DAY OF 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 3U3PEN- 31ON OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PA33ED 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 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 CTOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL all BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE