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HomeMy WebLinkAbout14023 ORD - 11/09/1977• JKH:hb:11/8/77 TEXAS: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE LOWER NUECES RIVER WATER SUPPLY DISTRICT BY THE TERMS OF 14HICH THE CITY AGREES TO MAKE A $180,000 SUPPLEMENTAL PAYMENT TO THE DISTRICT FOR DEBT RETIRE- MENT DURING THE 1977 -78 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. C] BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, 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'supple- mental payment to the District for debt retirement during the 1977 -78 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 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, having requested the suspension of the Charter rule and that this ordinance take effect and be in full force and effe&L from and after its passage, IT IS ACCORDINGLY SO ORDAINED this the I _day of November, 1977. ATTEST: City Secretary APPROVED: DAY OF NOVEMBER, 1977: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant C71 torney MAYOR THE CITY OF CORPUS CHRISTI, TEXAS This ordinance is in effect c force with or without the signature of the Mayor, in. accordance with Article II Section 6 of the City Chartei.- 14023 MICROFILMED JUL 071980 AGREEMENT THE STATE OF TEXAS 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 10, 1955, and hereinafter called 9955 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 con- sideration 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: City agrees to pay the District Fifteen Thousand Dollars ($15,000) per month for the months of August, 1977, through July, 1978, or a total of One Hundred Eighty Thousand Dollars ($180,000) during the 1977 -78 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 19 ATTEST: CITY OF CORPUS CHRISTI City Secretary By R. Marvin Townsend, City Manager v . ,E xlft 61'T 'A • APPROVED: DAY OF NOVEMBER, 1977: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney l'i . rector of Fi nce ATTEST: Secretary • LOWER NUECES RIVER WATER SUPPLY DISTRICT By. President ;nay Christi, Texas of , 1911-7- 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 suspension 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; I, therefore, request that you suspend said Charter rule or requirement and pass this ordinance 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 Eduardo de Ases David Diaz Ruth Gill Bob Gulley Gabe Lozano, Sr. _ Edward L. Sample The above ordinance was passed by the following vote: Jason Luby _ Eduardo de Ases _ David Diaz Ruth Gill Bob Gulley Gabe Lozano, Sr. _ L Edward L. Sample 14023