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Home My WebLink About03556 ORD - 09/23/1953AN ORDINANCE NO. 3356 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE AN AGREEMENT BY AND BETWEEN THE CITY OF CORPUS CHRISTI, LOWER NUECES RIVER WATER SUPPLY DISTRICT, CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT AND CORPUS CHRISTI JUNIOR COLLEGE DISTRICT, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. WHEREAS, THE CITY OF CORPUS CHRISTI, LOWER NUECES RIVER WATER SUPPLY DISTRICT, CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT AND CORPUS CHRISTI JUNIOR COLLEGE DISTRICT, DESIRE TO ENTER INTO AN AGREEMENT FOR THE PURPOSE OF SHARING THE COST OF THEIR PARTICIPATION IN A PROJECT OF APPRAISAL AND VALUATION FOR TAX PURPOSES OF ALL REAL AND CERTAIN DESCRIBED PERSONAL PROPERTY WITHIN THE PRESENT BOUNDARY LINES OF EACH AND ALL OF SAID TAXING AGENCIES, AND THE AGREE- MENT ATTACHED HERETO HAS BEEN PREPARED FOR THE PURPOSE OF CARRYING OUT THE PARTICIPATION IN SAID PROJECT. NOW, THEREFORE, 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 AND DIRECTED FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE AN AGREEMENT BY AND BETWEEN THE CITY OF CORPUS CHRISTI, LOWER NUECES RIVER WATER SUPPLY DISTRICT, CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT AND CORPUS CHRISTI JUNIOR COLLEGE DISTRICT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THAT IT IS NECESSARY TO IMMEDIATELY ENTER INTO SAID AGREEMENT FOR THE PURPOSE OF SHARING THE COST OF THEIR PARTICIPATION IN SAID PROJECT CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND 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 SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRO- DUCTION AND THAT SUCH ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS THE DAY OF SEPTEMBER, 1953• - ATTESi* MAYORI THE CITY OF CORPUS CHRISTI, TEXAS CITY SEC ET AY APP 1ED XIS 0 LEGAL FOIRM: �s5� THE STATE OF TEXAS 0 COUNTY OF NUECES WHEREAS, THE UNDERSIGNED PARTIES, TO =WITj THE CITY OF CORPUS CHRISTI, HERE- INAFTER CALLED "CITY", LOWER NUECES RIVER WATER SUPPLY DISTRICT, HEREINAFTER CALLED WATER DISTRICT', CORPUS .CHRISTI INDEPENDENT SCHOOL DISTRICT, HEREINAFTER DALI_ED "SCHOOL" AND:. CORPUS CHRISTI JUNIOR COLLEGE - DISTRICT, HERE WAFTER CALLED 'CO.L'LVGf", ARE ENTERING INTO A CONTRACT AND AURE'EMENT WITH ERIK EHRENSORG.APPRAISAL COMPANY FOR THE APPRAISAL AND VALUATION FOR' TAXATION PURPOSES OF ALL REAL AND CERTAIN DESCRIBED, 'PERSONAL PROPERTY WITHIN THE',PRESENT,40UNDARY LINES DF EACH AND ALL OF SAID TAXING AGENCIES AND, FOR THE PURPOSE OF SHARING THE COST OF THEIR PARTICIPATION IN SAID PROJECT, IT IS AGREED AS FOLLOW$:1 1. THE PAYMENTS IN THE AMOUNT OF SEVENTY FDUR.THOVSAND EIGHT HUNDRED FIFTY DOLLARS (774',650.00) AGREED TO BE PAID OY,,TAAa NG AorNCIES AS A FEE UNDER 14E TERMS OF SAID CONTRACT, SHALL BE PAID ACGORpIN6``Yb T'Ht $tH$DULE,AN. URNS OF SAID CONTRACT IN THE FOLLOWING PORTIONS. ONE -HALF (112) BY THE CITY AND ONE-HALF (112) BY THE SCHOOL, AS EACH OF SUCH PAYMENTS BECOME DUE AND PAYABLE. 2. AT THE CONCLUSION OF THE PROJECT CONCLUDING THE COMPLETION OF THE TAX ROLLS FOR THE' YEAR 1954 BY THE RESPECTIVE TAXING AUTHORITIES, THE ENTIRE CONTRACT PRICE OF SEVENTY FOUR THOUSAND EIGHT HUNDRED AND FIFTY DOLLARS ($74,850.00) SHALL BE SHARED BY THE SAID FOUR TAXING AGENCIES IN THE FOLLOWING PORTIONS: (A) THE TAXES ASSESSED BY EACH AND ALL OF SA10 TAXING AGENCIES FOR THE YEAR 1954 ON THE BASIS OF EVALUATIONS, FINALLY DETERMINED AND APPROVED BY THE RESPECTIVE AGENCIES, SHALL BE ADDED TOGETHER AND EACH TAXING AGENCY SHALL PAY THAT - PORTION OF THE TOTAL FEE OF SEVENTY FOUR THOUSAND EIGHT HUNDRED AND FIFTY DOLLARS ($14,850.00), AS THE TAX FOR SAID TAXING AGENCY SHALL BEAR TO THE TOTAL TAXES ASSESSED BY SAID FOUR AGENCIES COMBINED. (B) SHOULD ANY ONE OR MORE OF SAID AGENCIES FAIL TO ASSESS ANY TAX F*K THE YEAR 1954, THEN THE SHARE DUE AND PAYABLE 1F1ROM SUCH AGENCY SHALL AEDOME DUE AND PAYABLE DURING THE YEAR NEXT FOLLOWING 1954 FOR WHICH A TAX LEVY IS MADE AND SUCH PAYMENT SHALL BE PAID ON OR BEFORE THIRTY (30) DAYS AFTER TAXES BECOME DUE AND PAYABLE FOR SUCH YEAR. (C) AT THE CONCLUSION OF THE •PROJECT AN ADJUSTMENT SHALL BE MADE REIMBURSING THE CITY AND SCHOOLS TO THE EXTENT THAT THEIR PRIOR PAYMENTS HAVE EXCEEDED THEIR SHARES THEREOF. 3. ANY AMOUNTS DUE TO OR FROM ANY ONE OR MORE OF SAID TAXING AGENCIES BY REASON OF THE EXERCISE OF ANY OPTION OR FURNISHING OF SERVICES OR MATERIALS WHICH SHOULD BE TAKEN INTO CALCULATION ACCORDING TO THE TERMS OF SAID CONTRACT SHALL BE ADJUSTLO IN ACCORDANCE WITH THE TERMS OF SAID CONTRACT. 4. SHOULD ANY ONE OR MORE OF SAID AGENCIES DESIRE TO TERMINATE AND CANCEL THE CONTRACT UNDER SUBSECTION (B) OF PARAGRAPH S OF SAID CONTRACT BY GIVING APPRAISER FIFTEEN (15) DAYS NOTICE IN WRITING, NO CANCELLATION SHALL BE HAD WITH- OUT THE UNANIMOUS CONSENT OF ALL FOUR OF SAID TAXING AGENCIES PRIOR TO THE EXPIRA- TION OF NINETY (90) DAYS AFTER THE START OF WORK. SHOULD CANCELLATION BE DESIRED AFTER SAID DATE WITHOUT THE UNANIMOUS CONSENT OF ALL FOUR TAXING AGENCIES, CANCELLATION MAY BE HAD AS TO ANY ONE OR MORE OF SAID TAXING AGENCIES; PROVIDED, HOWEVER, THAT ALL PAYMENTS PREVIOUSLY MADE OR DUE FOR PAYMENT AT THE TIME OF CANCELLATION, INCLUDING PAYMENT FOR THE PERIOD WITHIN WHICH THE NOTICE OF CANCELLATION IS GIVEN, SMALL BE PAYABLE BY THE AGENCY OR AGENCIES DESIRING CAN- CELLATION ON THE BASIS OF THE RATIO SET FORTH IN PARAGRAPH 2 ABOVE) AND NONE OF THE RECORDS OR APPRAISALS FURNISHED BY APPRAISER SHALL ACCRUE TO THE BENEFIT OF BUCH AGENCY DESIRING CANCELLATION 5. THE ORIGINAL SET AND THE CARBON COPY 69T OF THE REALTY IMPROVEMENT RECORD AND THE PERSONAL PROPERTY SLIPS MENTIONED IN PARAGRAPHS 1 AND 4 (B), RESPECTIVELY, OF SAID CONTRACT BNALL, UPON COMPLETION OF TKL PROJECT, BECOME THE PERMANENT PROPERTY OF THE CITY AND SCHOOL AS FOLLOWSN (A) THE ORIGINAL SET OF REALTY IMPROVEMENT RECORD AND THE CARBON COPY BET OF THE SLIPS SHOWING AN ACCOUNT OF PERSSAL PROPERTIES SMALL BE THE JOINT PROPERTY OF THE SCHOOL AND COLLEGE. (B) THE CARBON COPY SET OF REALTY IMPROVEMENT RECORD AND THE ORIGINAL SLIP OF PERSONAL PROPERTY SHALL BE THE PROPERTY OF THE CITY. 6. IT IS AGREED BY AND BETWEEN THE TAXING AGENCIES THAT THE RECORDS, ROLLS, LISTS AND DATA SECURED IN THE CARRYING OUT OF THIS PROJECT SMALL NOT BE MADE AVAILABLE TO ANY OTHER AGENCY WITHOUT THE UNANIMOUS CONSENT OF THE AGENCIES HERE- OF AND WITH THE UNDERSTANDING THAT ANY REVENUE OR CONSIDERATION DERIVED FROM THE -2. USE OF SAID RECORDS BY ANY OTHER AGENCY OR POLITICAL SUBDIVISION SHALL BE PARTITIONED AMONG THE PARTIES HERETO IN THE SAME RATIO AS THE COST HEREOF, UNLESS EXPRESSLY AGREED OTHERWISE. WITNESS OUR HANDS IN QUADRUPLICATE, EACH OF WHICH SHALL BE CONSIDERED AN ORIGINAL, THIS THE DAY OF SEPTEMBER, 7953= ATTEST: CITY SECRETARY APPROVED AS TO LEGAL FORM: CITY ATTORNEY ATTEST% SECRETARY ATTEST% RSa ARRY EATON, S9CRtTARY ATTEST % ILLIAM a WH I TEA JR. SECRETARY CITY OF CORPUS CHRISTI, TEXAS BY RUSSELL E. MCCLURC7�ITY MANAGER LOWER NUECES RIVER WATER SUPPLY, DISTRICT BY VICTOR OAKOU610 ENERAL ""— CR CORPUS.CHRISTI INDEPENDENT SCHOOL DISTRICT BY NEST a ILLSA RESIDENT CORPUS CHRISTI JUNIOR COLLEGE DISTRICT BY CHAS, A, FLANK, 6HAIRmpm 06 THE BOARD OF RESENTS ®3m A I CORPUS CHRISTI, TEXAS 1953 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN: 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, HEREBY 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, MAYOR CITY OF C RPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: A. A. LICHTENSTEIN ELLROY KING P. C. CALLAWAY JAMES A. NAISMITH W. JAMES BRACE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: A. A. LICHTENSTEIN ELLROY KING P. C. CALLAWAY JAMES A. NAISMITH W. JAMES BRACE 3s-1qa