HomeMy WebLinkAbout14670 ORD - 12/20/1978vp:12 /19/78:lst
TEXAS:
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 CAN-
CELLATION OF THIS AGREEMENT SHOULD THE DISTRICT LEVY
A TAX, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT,
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,
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 intro-
duction 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 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 day of December,
1978.
ATTEST:
City Secretary
APPROVED:
) DAY OF DECEMBER, 1978:
J. BRUT CAF c/YC K, CITY ATTORNEY
By /C`
Assistant C Attorney
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AGREMENT '
THE STATE OF TEXAS X
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, 2955, 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, 1979, will be seventy -five thousand
dollars ($75,000) except for the final settlement of the 1978 -79 contract year
which will occur in July, 1979.
2. District agrees at this time that no property tax will be levied
for the 1978 tax year on property that is in the District as of January 1, -1978.
.3. In the event the District should at some future date levy
a tax for the 1978 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 k'ftEREOF, the parties hereto have caused this agreement
to be executed by their duly authorized representative, this the
day of December, 1978.
ATTEST: CITY OF CORPUS CERISTI
City Secretary R. Marvin Townsend, City Manager
APPROVED:
DAY OF DECEMBER, 1978
J. BRUCE AYCOCK, CITY ATTORNEY
ByL. City Attorney Director of Finance
ATTEST: LOWER NUECES RIVER WATER SUPPLY DISTRICT
Secretary President
Corpus Christi, 1�� 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 `
TH C F CORPUS CHRISTI, TEXAS
The Charter rule was suspended by a 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 a following vote:
Gabe Lozano, Sr.
Bob Gulley
David Diaz
Ruth Gill
Joe Holt
Tony Juarez, Jr.
Edward L. Sample
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