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HomeMy WebLinkAbout01850 ORD - 09/25/1945' tee- N ` • ' , AN ORDINANCE AUTHORIZING THE MAYOR AND THE CITY CONTROLLER OF THE CITY OF CORPUS CHRISTI, TEXAS, FOR AND ON BEHALF OF SAID CITY TO EXECUTE A CONTRACT SMITH NUECES COUNTY WATER IP pRolr,, TTT DISTRICT NUMBER, CNE; MIM DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TESAIS: SECTION 1. That the Mayor and'City Controller of the City of Corpus Christi be, and they are hereby, authorized and directed to execute for and on behalf of the City of Corpus Christi, Texas, a contract with the Nueces County Stater Improvement District Number One, a copy of said contract being made a part hereof and reading as follows: lino TNR STATE 07 TELAS ) COUM 07 NRBCES ) THIS A0NUMM sift and entered into this the of September, A. D. 1946, by end between the City of Corpus Christi, a Municipal Corporation, hereinafter referred to as City, and lances County stater Isproveaeut District Nnabor 049, a Municipal Corporation, hereinafter referred to as District, wITISSSMI That WMMU9, the District has this day dolivered unto the City all physical property belonging to it and the City will hereafter serve the residents of such District with Rater; and WHn"S, on April 27. 1943, a contract was made betvsen the City and the District, wherebr the City purchased certain property of the District used in the sale and distribution of gas for which the City agreed to psy T9HLTE THOCSA9D ($12,000.00) DOLLARS, and of which 7=1 THOUSAND PIY& 80RD'M (43,500.00) DOLLARS remains receivable by the District MA unpaid; aad b'MR2A5, the District desires the said unpaid not of $3.500.00 to be placed in .& special account and disbursed as and for the construction to 10 performed for the account of the District in ac- cordance with the Resolution heretofore passed; and WHHRW. the District and the City are desirous of terminating and cancelling the purchase agreement contained in paragraph 3 Of the contract dated April 27. 1943, between the parties heretos Nor, therefore. UOW ALL MTt1 NS TX= pRESMS, the parties hereto duly acting by and through their governing bodies have actually agreed a follows 1. That the said ova of $3,600.00 provided by paragraph 2(b) of said contract of April 27. 1943, *ball be by the City paid to and placed in the said special nococat hereinabove referred to, to be used for the construction in said Resolution provided. 2. That the meld contract of April 27. 1943, shall be and the sane is hereby terminated and neither party hereto shall be under further obligation or liability thereunder In respect of their agreement for the purchase and Bale of said water therein crovided. 3. The *aid District done hereby transfer and deliver unto the said City its slaking Shad, as shown by Srhibit 1 hereto at- tached and the City agrees to hold same and to pay the said funds only unto the duly authorized holders of bonds and coupons leaned by the District and described in the Declaratory Judgment heroinbefore entered by the District Court of Saacea County, 117th Judicial District of Terns. The District bereby transfers and assigns unto the said City all its fonds and bonds belonging to and bold in its operating and maintenance account and properties account or so much thereof as may remain after the payment of current debts of the District, and the Olty agreee to keep the same in a special account and disbarse the cane according to the Resolution heretofore mentioned solely for construction and betterments in said District. 4. The District barely transfers and delivers unto the City it* certain trust funds aide as deposits by its eonowmers, and the City agrees to procure assignments thereof free the reapootive beneficiaries. falling in vhich, it agrees within a reasonable time hereafter to return and pay the same to the respective consumers. CITY 07 Cn3YDS CMU3T1 ATTIM Dre or City Secretary COi1Dr7RS1OSFDr APPROYR AS TO L7.OAL dome , Controller Sty Att=4 =CES C00M MATIR INpROYV P DISTRICT YO. on SSTs 8rt 'President secretary ZXMIT No. i T.yk PAST DUE COUPONS 1944 1945 Series A- Certificates of Indebtedness W-41YOU'aftry 1,• 1945 No, 9296 1,000.00 81/1 37 2/1/45 4-38 9297 1,000.-00 81 t-37 2 /1A iZA 38 92W 1,000.00 8,/lA4 37 2 t38 9299 - 1,000.00 8/1/44 4-37 2/1/45 4.38 Total 4,000-00 17.48 17-52 T.yk SECTION 2. The fact that the execution of said contract is is necessary to make more clear the rights and responsibilities of the City of Corpus Christi and said Water District and will aid materially :e in settling the difficulties existing between the City and said Suter District and will greatly aid the welfare of the citizens of Corpus Christi, creates a public emergency and imperative public necessity re- quiring the suspension of the Charter rule or requirement that no Ordi- nance or Resolution shall be passed finally on the date it is introduced, and that such Ordinance or Resolution shall be read at three several meetings of the City Council, and the Mayor, having declared in writing that such public emergency and imperative necessity exist, and having re- quested that such Charter rule be suspended, and that this Ordinance be passed finally on the date of its introduction and take effect and be in fullforce and effect from and after its passaEe, IT IS, ACCORDINGLY, SO ORDAINED. MILYOR, d of Corpus C ATTEST: .City Secre ary APPROVED AS TO LEGAL FORT: �;� ity Attorn Cor s Christi, Texas 19165 TO THE MEMBERS OF TEE CITY COUNCIL CF THE CITY OF CORPUS CHRISTI Corpus Christi, Texas Gentlemen: For the reasons set forth in the emergency clause of the foregoing Ordiueaoe, a public emergency and an 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 several meetings of the City Councils I, therefore, hereby re- quest that you suspend said Charter rule or requirement and pass this Ordinance finally on the date it is introduced, or at the pre- sent meeting of the City Council. Respectfully, Vt"L'� - i MAYOR Z=Ph City of Corpus The Charter rule was suspended by the following vote: Roy L. Self B. G. Moffett R. R. Rambo _Pi N. C. Bark B. B. Marriott The above Ordinance was passed by the following vote: Roy L. Self B. G. Moffett R. R. Rambo N. C. Beck > N. B. Marriott