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HomeMy WebLinkAbout15226 ORD - 11/14/19796 0:11-14-79:1st 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 $130,000 SUPPLEMENTAL PAYMENT TO THE DISTRICT FOR DEBT RETIRE- MENT DURING THE 1979-80 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 $130,000 supple- mental payment to the District for debt retirement during the 1979-80 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 ordin- ance 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 14 day of November, 1979. ATTEST: .r/ /iOd%4',J City Secretary - APPROVED: 14 DAY OF NOVEMBER, 1979: J. BRUCE_AYCOCK CITY ATTORNEY 1522,3 TH TY OF CORPUS CHRISTI, TEXAS Corpus Christi, Texas J1 day of 1979 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, The Charter rule was suspended Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky THE TY OF CORPUS CHRISTI, TEXAS by the following vote: The above ordinance was passu by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky 15223 THE STATE OF TEXAS COUNTY OF NUECES X AGREEMENT 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 SETH : 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 Ten Thousand Eight Hundred Thirty- three and 33/100 Dollars ($10,833.33) per month for the months of August, 1979, through July, 1980, or a total of One Hundred Thirty Thousand Dollars ($130,000) during the 1979-80 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 , 1979. ATTEST: CITY OF CORPUS CHRISTI By City Secretary R. Marvin Townsend, City Manager APPROVED: DAY OF NOVEMBER, 1979: J. BRUCE AYCOCK, CITY ATTORNEY By City Attorney Director of Finance ATTEST: LOWER NUECES RIVER WATER SUPPLY DISTRICT Secretary President