The URL can be used to link to this page

Home My WebLink About14996 RES - 07/18/1979KHinh:7-18-79-1st-F • A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDATORY AGREEMENT, AMENDING PART II, SECTION 105 OF UMTA CAPITAL GRANT NUMBER TX -03-0020, AUTHORIZED BY RESOLUTION NO. 12484, PASSED AND APPROVED FEBRUARY 19, 1975; TO PROVIDE FOR A LETTER OF CREDIT ARRANGEMENT BETWEEN UMTA AND THE CITY OF CORPUS CHRISTI, ALL AS MORE FULLY SET FORTH IN THE AMENDATORY AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. BE IT RESOLVED 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 Amendatory Agreement, amending Part II, Section 105 of UMTA Capital Grant Number TX -03-0020, authorized by Resolution No. 12484, passed and approved February 19, 1975, to provide for a letter of Credit arrange- ment between UMTA and the City of Corpus Christi, all as more fully set forth in the amendatory agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A". SECTION 2. The necessity to authorize execution of the aforesaid Amendatory 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 the date of its introduction but that read at three several meetings of the declared such emergency and necessity resolution shall be passed finally on such ordinance or resolution shall be City Council, and the Mayor having to exist, having requested the suspension of the Charter rule and that this resolution 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 RESOLVED, THIS THE /9 day of July, 1979. ATTEST: Cit Secretary APPROVED: 18th DAY OF JULY, 1979: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant Ci THE (CkTY OF CORPUS CHRISTI, TEXAS 14996 ►�ROFILMED URBAN MASS TRANSPORTATION AMENDATORY AGREEMENT Project No. TX -03-0020 AMENDMENT TO URBAN MASS TRANSPORTATION { Amendment No. 01 Section 3 GRANT CONTRACT This Amendatory Agreement by and between the City of Corpus Christi, Texas (herein called the "Public Body") and the United States of America (herein called the "Government") WITNESSETH: WHEREAS, the parties have entered into a Mass Transportation Sec. 3 Grant Contract as of the 3rd day of November 19 75, pursuant to which the Public Body agreed to purchase certain capitTequipment ' and the Government agreed to provide financial assistance for said purpose ; and WHEREAS, the purpose of this Amendment is to revise the Urban Mass Transportation SeC. 3 Grant Contract to permit payment to the Public Body by letter of credit. No additional funds are required. NOW, THEREFORE,, in consideration of the mutual promises herein set forth, the parties hereto agree that the Mass Transportation Sec 3 Grant Contract shall be amended as follows: Sec. 1. Section 105 of Part II of the Grant is amended to add the following new subsection (d): "(d) Letter of Credit - In the event that a letter of credit is issued to the Public Body, the following terms and conditions are applicable: (1) The Public Body shall initiate cash drawdowns only when actually needed for Project disbursements. (2) The Public Body shall report its cash disbursements and balances in a timely manner as required by the Government. 2 (3) The Public Body shall provide for effective control and accountability for all Project funds in accordance with require— ments and procedures issued by the Government for use of the letter of credit. (4) The Public Body shall impose on its subgrantees all the requirements of sections 105 (d) (1) (2) and (3) above as applicable. (5) Should the Public Body fail to adhere to the requirements of section 105 (d) (1) (2) (3) and (4) above, the Government may revoke the unobligated portion of the letter of credit. (6) Section 105 (a) (b) and (c) above remain effective to the extent that they do not conflict with the provisions of section 105 (d) ." Execution of Amendatory Agreement — This Amendatory Agreement is in offer and acceptance form. It may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. 3 Offer — When dated and signed by the Governpent, this instrument shall constitute an offer which should be accepted by the Public Body by execution within sixty (60) days of such date. The Government may withdraw any offer not accepted within the sixty—day period. Upon acceptance of the offer the effective date of the Amendatory Agreement shall be the date on which this offer was executed by the Government. The Government has duly executed this offer this 26th day of June , 19 79. BY�G/�/L�/f TITLE: Regional Director Acceptance— The Public Body does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the Application and supporting materials submitted by it, and does hereby accept the conditions thereof. SEAL Executed this . day of , 19 ATTEST: BY: TITLE: TITLE: 4 Certificate of Public Body's Attorney { R. W. Coffin , acting as Attorney for the Public Body do hereby certify that I have examined this Amendatory Agreement and the proceedings taken by the Public Body relating thereto, and find that the acceptance of the Government's offer by the Public Body has been duly authorized by the Public Body's action dated (a copy of which has been submitted to MITA) and that the execution of this Amendatory Agreement is in all respects due and proper and in accordance with applicable State and local law and further that, in my opinion, said Amendatory Agreement constitutes. legal and binding obligations of the Public Body in accordance with the terms thereof. I further certify that to the best of my knowledge there is no legislation or litigation pending or threatened which might affect the performance of the Project in accordance with the terms of this Amendatory Agreement. Dated this day of July , 19 79 . J. Bruce Aycock, City Attorney General Counsel By R. W. Coffin Asst. City Attorney Corpus Christi, T L as /31 day of ' 9_ 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, MAY 1,/,( THE CITY r CORPUS CHRISTI, TEXAS The Charter rule was suspended by the Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky following vote: The above ordinance was passe by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky 14996