HomeMy WebLinkAbout14669 ORD - 12/20/197812/20/78:1st,
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 $100,000
SUPPLEMENTAL PAYMENT TO THE DISTRICT FOR DEBT RETIRE-
MENT DURING THE 1978 -79 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 $100,000 supplemental
payment to the District for debt retirement during the 1978 -79 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 effect from and after its
passage, IT IS ACCORDINGLY SO ORDAINED this the aO day December, 1978.
ATTEST:
City Secretary MAYOR
THE CITY CORPUS CHRISTI, TEXAS
APPROVED:
_DAY OF DECEMBER, 1978:
J. BRUCE AYCOCK, CITY ATTORNEY
By
1: Assistant Attorney
14669
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ISUL 0 81980
AGREEMENT
w '
r
Y
THE STATE OF TEXAS X
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 "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 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 Eight Thousand Three Hundred Thirty -
Three Dollars and Thirty -Three Cents ($8,333.33) per month for the months of
August, 1978, through July, 1979, or a total of One Hundred Thousand Dollars
($100,000) 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 execed by their duly authorized representatives, this the _day
of 19-71 .
ATTEST C— CITY OF CORPUS CHRISTI
Bx
City Secretary R. Marvin Townsend
City Manager
APPROVED:
.10 DAY OF DECEMBER, 1978:
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City Attorney
Director of Finance
ATTEST:
LOWER NUECES RIVER WATER SUPPLY
DISTRICT
By
Secretary President
. i
Corpus Christi, T s �/
,,?0 day of , 19 /�
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 C TY OF US CHRISTI, TEXAS
The Charter rule was suspended by he following vote:
Gabe Lozano, Sr.
Bob Gulley
David Diaz
Ruth Gill
Joe Holt
Tony Juarez, Jr.
Edward L. Sample
The above ordinance was passed by he following vote:
Gabe Lozano, Sr.
Bob Gulley a..'
David Diaz
Ruth Gill
Joe Holt
Tony Juarez, Jr.
Edward L. Sample
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