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HomeMy WebLinkAbout14937 ORD - 06/06/1979jkh:6-6-79;lst 4110 AN ORDINANCE AMENDING THE CHOKE CANYON DAM ESCROW FUND CONTRACT, AUTHORIZED BY ORDINANCE NO. 13828, SUBJECT TO WRITTEN APPROVAL BY THE BUREAU OF RECLAMATION,SO AS TO PROVIDE FOR REIMBURSEMENT TO CITY OF CORPUS CHRISTI AND THE NUECES RIVER AUTHORITY OUT OF THE ESCROW FUND OF ANY REMAINING FUNDS IN PROPORTION TO THE CONTRIBUTIONS TO THE FUND BY EACH ENTITY; AND DECLARING AN EMERGENCY. WHEREAS, by Ordinance No. 13828, passed and approved by the City Council on July 13, 1977, authorization was granted the City Manager to enter into an Escrow Agreement with the Corpus Christi National Bank, the City's depository bank, to permit investment of funds for the Nueces River Project (Choke Canyon Reservoir); and WHEREAS, a determination has been made that the aforesaid contract should be amended, and the parties thereto are agreeable to such amendment: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Choke Canyon Dam Escrow Fund contract, authorized by Ordinance No. 13828, be and the same is hereby amended, subject to written approval by the Bureau of Reclamation, by deleting the paragraph on page 2 of said contract which reads as follows: "This Agreement shall remain in effect until terminated in writing by the Bureau, and upon such termination, the funds in the Choke Canyon Escrow Fund, shall be paid to the City." In lieu thereof, the following provisions shall be substituted: "This Agreement shall remain in effect until terminated in writing by the Bureau, and upon such termination, the remaining funds in the Choke Canyon Escrow Fund, which were provided by the City or by the Nueces River Authority shall be paid to the City and/or the Nueces River Authority in the same proportion as each entity's total contribution to the Choke Canyon Escrow Fund." SECTION 2. The necessity to amend the Choke Canyon Dam Escrow Fund contract as aforesaid 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 I X93? MICROFILMED `1111 11 Q Ingo • such emergency and necessity to exist, having requested the suspension of the Charter rule and that this ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the t day of June, 1979. ATTEST: 4d1 ecre ai ry --4%`I APP VED: DAY OF JUNE, 1979: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant Cit Forney OR T ITY OF CORPUS CHRISTI, TEXAS • AMENDED AGREEMENT THE STATE OF TEXAS G COUNTY OF NUECES WHEREAS, by authority of Ordinance No. 13828, passed and approved by the City Council on July 13, 1977, the City Manager entered into an Escrow Agreement, for and on behalf of the City of Corpus Christi, with the Corpus Christi National Bank, the City's depository bank, to permit investment of funds for the Nueces River Project (Choke Canyon Reservoir); and WHEREAS, a determination has been made that the aforesaid contract should be amended, and the parties thereto are agreeable to such amendment: 1. The paragraph on page 2 of the aforesaid agreement, which reads as follows: "This Agreement shall remain in effect until terminated in writing by the Bureau, and upon such termination, the funds in the Choke Canyon Escrow Fund, shall be paid to the City.", be deleted and in lieu thereof, the following provisions be provided: "This Agreement shall remain in effect until terminated in writing by the Bureau, and upon such termination, the remaining funds in the Choke Canyon Escrow Fund, which were provided by the City or by the Nueces River Authority shall be paid to the City and/or the Nueces River Authority in the same proportion as each entity's total contribution to the Choke Canyon Escrow Fund." 2. Except as hereinabove provided, the terms,conditions and provisions of the Agreement authorized by Ordinance No. 13828 shall be and remain in full force and effect. EXECUTED IN DUPLICATE this the day of , 1979. CITY OF CORPUS CHRISTI By ATTEST: City Secretary APPROVED: DAY OF JUNE, 1979: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney ATTEST: R. Marvin Townsend, City Manager Secretary ector offinance V CORPUS CHRISTI NATIONAL BANK By Authorized Officer Corpus Christi, T as day of , 19 97 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, MAY0;/42 THE CI OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky The above ordinance was passe' by the following vote: Luther Jones Edward L. Sample 4 Dr. Jack Best David Diaz 1' Jack K. Dumphy 1, Betty N. Turner Cliff Zarsky 1 937