HomeMy WebLinkAboutC2022-002 - 1/11/2022 - Approved Third Amendment to the Reformed Cooperative Agreement to Operate a Public Health District
to Extend City Withdrawal to February 17,2022 to Provide for Negotiations
This third amendment ("Third Amendment") herein is entered into by and between Nueces County (the "County")
and the City of Corpus Christi, (the"City").The above named are collectively referred to as Parties to this Agreement.
WHEREAS,the Parties entered into an agreement effective April 21,2009 ("Reformation Agreement"),to
cooperatively operate the City of Corpus Christi-Nueces County Texas Public Health District("Health District");and
WHEREAS, the original cooperative Reformation Agreement has been amended by First_Amendment to the Reformed
Cooperative Agreement to Operate a Public Health District(the"First Amendment")effective September 1,2013,and by Second
Amendment to the Reformed Cooperative Agreement to Operate a Public Health District (the "Second Amendment") effective
October 1,2017;and
WHEREAS,on or about October 19,2021,the City of Corpus Christi approved a resolution invoking Article V,Section
2 to withdraw from the Health District which states, "Members may withdraw from the Health District upon not less
than 90 days written notice to all other Members,with the understanding that all services provided to the withdrawing
member as the result of membership in the Health District shall cease to that member";and
WHEREAS, on January 11, 2022, the City Council approved a "Motion to authorize the City Manager to execute an
amendment to the "Reformed Cooperative Agreement to Operate a Public Health District" to provide for a 30-day
extension(from January 18,2022 to February 17,2022) to the City's Withdrawal from the Public Health District to allow
for further negotiations between the City and Nueces County concerning issues related thereto";
NOW,THEREFORE,in consideration of the premises and the mutual promises made in this Third Amendment,
and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,each of the
Parties hereby agree as follows:
Section 1.The language contained in the preamble above is incorporated by reference in this section.
Section 2.Pursuant to Article IV,and Article V,Section 2 of the Reformation Agreement,the Parties agree that
the City's withdrawal date of January 181h,2022 is extended to February 17,2022 to enable negotiations between
the parties.
Section 3. The City withdrawal from the Health District will become final on February 17, 2022, subject to
Section 5 herein.
Section 4. Only the City and County may enforce provisions of any agreement resulting from this document.
There are no intended third-party beneficiaries to the Reformed Cooperative Agreement to Operate a Public Health District.
Section 5. Notwithstanding any other section herein, the execution of this agreement and/or extension hereof
shall not affect the applicability of any legal argument relating to the right of any party to withdraw from and/or
dissolve the Health District or the rights or remedies of any party relating to the Health District.
Section 6.This Third Amendment is made effective upon the signing of both parties.
Section 7.All other provisions of the Reformed Cooperative:agreement to Operate a Public Health District'shall remain
the same.
[SIGNATURES ON FOLLOWING PAGE]
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SCANNED
EXECUTED IN DUPLICATE,each of which is considered an original,on this the/y' day of _____V ,2022.
On f of Nueces County,Texas: A 1'1'1:ST:
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rbara Cana—le- Kara Sands 8 • -0,, c.
County Judge County Clerk `y '4'.f
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Approved as to Form: '
Jenn orsey
County Attorney
On behalf of City of Corpus Christi,Texas: ATTEST:
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'Rej2tVeth....—Vet/ -.-------
etet Zanom Rebecca Huerta
City Manager City Secretary
Approved as to Form:
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AliTHORILt.
Miles Risley iy ('OU CllI. 1,,,,�, „
City Attorney ,/ � ►
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