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