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Home My WebLink About03772 ORD - 06/09/1954IMS:AC :6 /8/54 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CONTRACT WITH MCCALL, PARKHURST & CROWE, OF DALLAS, TEXAS, EMPLOYING SAID FIRM AS BOND ATTORNEYS TO FUR- NISH LEGAL SERVICES REQUIRED TO EFFECT A SATISFACTORY SOLUTION OF THE CITY'S WATER SUPPLY PROBLEM, IN ACCORD- ANCE WITH THE WRITTEN CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING THE SUM OF $ 6.000.00 OUT OF NO. 141 WATER OPERATIONS FUND RESERVOIR CODE CH, TO COVER SUCH SERVICES OF MCCALL, PARKHURST & CROWE; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CONTRACT WITH MCCALL, PARKHURST & CROWE OF DALLAS, TEXAS, EMPLOYING SAID FIRM AS BOND ATTORNEYS TO FURNISH LEGAL SERVICES REQUIRED TO EFFECT A SATISFACTORY SOLUTION OF THECITY'S WATER SUPPLY PROBLEM, IN ACCORDANCE WITH THE WRITTEN CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. �t SECTION 2. THAT THERE IS HEREBY APPROPRIATED A SUM NOT TO EXCEED $6,000.00 OUT OF N0. 141 WATER OPERATIONS FUND RESERVOIR CODE CH, TO COVER SUCH SERVICES OF MCCALL, PARKHURST & CROWE. SECTION 3. THE NECESSITY OF IMMEDIATELY EFFECTING A SATISFACTORY SOLUTION OF THE CITY'S WATER SUPPLY PROBLEM CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CITY CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLYON THE DATE IT IS INTRO- DUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED THAT SUCH PUBLIC EMERGENCY AND IMPERATIVE PUBLIC NECESSITY EXIST, AND HAVING REQUESTED THAT SAID CHARTER RULE BE SUSPENDED AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION, AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY 50 ORDAINED. PASSED AND APPROVED THIS THE DAY OF JUNE, 1954. ATTEST• ` MAYOR CITY ECRE A Y ., THE CITY OF CORPUS CHRISTI, EXAS APPROVED AS N LEGAL FORM: ITY CORPUS CHRt$TI, TEXAS MAY , 1954 IICCALL, PARKHURST it CROWE ATTORNEYS AT 'LAW 15171 MERCANTILE SECURITIES BUILDING DALLAS, TEXAS GENTLEMEN: I THE CITY iS CONFRONTED WITH THE PROBLEM OF PROVIDING AN ADDITIONAL AND ENLARGED WATER SUPPLY AND MUST HAVE THE SERVICES OF ATTORNEYS EXPERIENCED IN MUNICIPAL LAW AND FINANCE AS WELL AS IN THE FIELD OF WATER LAW. IT HAS EM- PLOYED 14. C. ALLISON & CO. OF SAN ANTONIO, AS ITS AGENT AND FINANCIAL ADVISOR AND WILL IN THE IMME0109 FUTURE RETAIN NECESSARY ENGINEERS TO AID IT IN DEVELOPING AND FINANCING FACILITIES DESIGNED TO PROVIDE THE CITY AND ITS INHABITANTS WITH AN ADEQUATE SUPPLY OF WATER.. THE CITY PROPOSES TO EMPLOY YOU TO PERFORM THE LtGkL SERVICES HEREINAFTER SET FORTH AND YOUR ACCEPTANCE Of SUCH EMPLOYMENT WILL BE INDICATED BY THE EXECUTION OF THE ACCEPTANCE CLAUSE APPEARING AT THE EOOT HEREOF. THIS PROPOSAL I$ IN DUPLICATE, THE ORIGINAL OF WHICH SHOULD BE RETURNED TO THE CITY AND THE COPY RETAINED BY YOU. IT WILL BE EXPECTED THAT YOU WILL KENDER ALL LEGAL SERVICES THAT MAY BE REQUIRED TO EFFECT A SATISFACTORY SOLUTION OF THE CITY'O WATER SUPPLY PROBLEM, EXCEPT LITIGATION TNAT MAY DEVELOP OUT OF THE UNDERTAKING, SUCH AS ANY ELECTION CONTEST, CONDEMNATION OR INJUNCTION. HOWEVER, YOU SHALL BE EX- PECTED TO ADVISE WITH ATTORNEYS WHO MAY BE RETAINED BY THE CITY FOR THE HANDLING OF ANY SUCH LITIGATION AND ASSIST THEM IN THE PREPARATION OF BRIEFS FOR SUS - MISSION TO APPELLATE COURTS. IT IS EXPRESSLY AGREED HOWEVER THAT YOU WILL p"SECUTE ANY MANDAMUS ACTION AGAINST THE ATTORNEY GENERAL or TEXAS IF IT SHOULD BECOME NECESSARY TO OBTAIN NIS APPROVAL OF ANY GORDO ISSUED BY THE CITY TO PAY PART OR ALL OF THE COST OF THE IMPROVEMENTS OCEMED ESSENTIAL TO PROVIDE THE CITY WITH SAID ADDITIONAL WATER SUPPLY. THE PROCEDURE CONTEMPLATES TWO STEPS WHICH HAVE BEEN DESIGNATED AS "STAGE LINE " AMD `STAGE TWO ". UNDER BOTH STAGES YOU WILL CO-OPERATE WITH THE FINANCIAL "- DVISOR AND THE ENGINEERS AND THEY ARE OSLIGAT£D LIKEWISE TO CO- OPERATE WITH YOU ALL TO THE END THAT A SOLUTION TO THE MATER SUPPLY PROBLEM MAY SE FOUND AND CXECUTEO AS EXPEDITIOUSLY AS POSSIBLE. UNDER STAGE Oft iT WILL OE YOUR DUTY TO EXPLORE AND INVESTIGATE ALL LEGAL MEANS OF ACCOMPLISHING A METHOD OF FINANCING TUC NECESSARY FACILITIES AND TO RECOMMEND TO THE CITY THE SEVERAL (METHODS 11ETERMI14ED AS A RESULT OF YOUR STUDY. SUCH RECOMMENDATIONS SMALL BE MADE IN THE ORDER OF YOUR PREFERENCE# OUT ONLY AFTCM THE SEV'CRAL METHODS HAVE OdCH HARMONIZED TO THE EXTENT PRACTICAL WITH THE FINDINGS AND RECOMMENDATIONS OF THE FINANCIAL ADVISOR AND THE E.NGI- NEER$. FOR YOUR SERVICES UNDER STAGE ONE YOU ARE TO BE PAID A FEE OF $3,000 PLUS EXPENSES INCURRED IN CONNECTION THER'dWITH, AND $2W PER DAY FOR EACH DAY $PERT AWAY FROM YOUR OFFICE WORKINQ ON THIS MATTER FOR THE CITY. SUCH EXPENSES AND PER 111E4 TO BE PAID FROM TIME TO TIME AS STATEMENTS THEREFOR SHALL O£ RENDERED TO THE CITY AND THE TOTAL PEE 1$ TO at PAID WHEN YOUR WRITTEN RECOMMEND ATION UNDER STAGE ONE HAS BEEN PRESENTED TO THE CITY. UmocR STAGE Two YOU ARC TO PREPARE AND SUPERVISE INC PASSAGE AND EXE »UTION OF ALL PROCEEOING$,INCLUDING DEED OF TRUST OR TRUST INDCNTURE, NECESSARY OR INCIDENT TO THE ISSUANCE OF ANY BONDS, CONTRACTS ON OSLICATIONS DEEMED BY YOU TO OE ESSENTIAL TO THE FINANCING OF ANY METHOD SELECTED BY THE CITY PURSUANT TO THE RCCOMMEROATIONS MADE UNDER STAGE ONE, RENDER THE REQUIRED MARKET APPROVALS, QUALIFY WITH THE SECURITIES AND EXCHANGE CDMMISSION AND THE STATE SECURITIES COMMISSION, ANY CORPORATE SECURITIES THAT MAY OE ISSUED, APPLY FOR A RULING FROM THE BUREAU OF INTERNAL REVENUE EXEMPTING FROM INCOME TAX THE INTEREST ON ANY SUCH CORPORATE SECURITIES, PREPARE APPROPRIATE PROCEEDINGS FOR OBTAINING A CHARTER FOR ANY CORPORATION OEEMEO NECESSARY TO ACCOMPLISH THE FINANCING AND TO AID IN $£CURING THE OPINION OF ADDITIONAL MARKET ATTORNEYS AS 70714E LEGALITY OF ANT CORPORATE BONDS THAT MAY BE ISSUED, PROVIDED THAT SUCH ADDITIONAL MARKET ATTORNEYS $NALL OE SELECTED OY YOU AND SHALL BE ACCPETASLE TO THE CITY'S FINAMcIAL ADVISOR. FOR ACKVICES RENDERED BY YOU UNDER STAGE TWO YOU ARE TO OE courts- SATED, AS POLLOWSI (A) AT THE RATE Or $3.00 PER $1,0W BOND OF ANY CORPOR- AYE ISSUES TMAT MAY BE SOLD AND OELIVEREO) (B) AT THE RATE DF $1.50 PER $1,000 BOND OF ANY ISSUE AUTHORIZED, SOLO AND DELIVEREO BY THE CITY, IN ADDITION TO THE FOREGOING YOU ARE TO BE REIMBURSED BY THE CITY FOR ALL OUT-Of- POCKET EXPENSES INCURRED BY YOU IN CONNECTION WIT" THE PERFORMANCE OF SUCH SERVICES. IT IS AGREED THAT THE TOTAL CON►ENSATION PAID YOU UNDER STAGE Two BNALL BE REDUCED BY THE AMOUNT OF THE FEE PAID YOU UNDER STAGE ONE. FEES AND CHARGES OF ADDITIONAL. MARKET ATTORNEYS THAT MAY BE REQUIRED ARE TO BE PAID BY THE CITY. IT IS UNDERSTOOD THAT THE CITY MAY TERMINATE THIS AGREEMENT AT ANY TIME PRIOR TO THE PRESENTATION OF YOUR WRITTEM RECOMMENDATIONS AS REQUIRED UNDER STAGE ONE AND UPON THE PAYMENT TO YOU OF A SUM EQUAL TO $BOO PER DAY FOR EACH DAY DEVOTED TO TKE PERFORMANCE OF THE SERVICES THEREIN REQUIRED, NOT TO EXCEED $.3,000.00, PLUS ALL OUT- OF-POCKET EXPENSES INCURRED BY YOU IN CONNECTION THEREWITH. FURTHER, THIS AGREEMENT MAY BE TYRUINATEO AT ANY TIME AFTER THE INITIATION, BUT PRIOR TO THE COMPLETION OF THE SERVICES TO BE RENDERED UNDER STAGE TWQ, IF THE 'CITY ABANDONS THE PLAN TO PROVIDE ITS OWN WATER SUPPLY UPON PAYMENT TO YOU OF A SUM EQUAL TO $200 PER BAY FOR EACH DAY DEVOTED BY YOU TO THE PERFORMANCE OF THE SERVICES CONTEMPLATED UNDER STAG£ TWO, PLUS ALL OUT -OF- POCKET EXPENSES INCURRED BY YOU IM CQNN[CTIOH THEREWITH. THE MONEY THUS TO B£ PAID YOU UPON TERMINATION OF T1415 AGREEMENT SMALL BE PAYABLE CONCURRENTLY WITH TKE NOTIFICATION OF TERMINATION. IT IS RECOGNIZED THAT AT SOME POINT IN THE PERFORMANCE OF THE SERVICES CONTEMPLATED UMOER STAGE TWO THAT SOME ENTITY OTHER THAN INC CITY MAY BECOME PRI14ARILY RESPONSIBLE FOR THE PAYMENT OF THE FEES AND EXPENSES HEREIN CONTRACTED TO BE PAID AND THE CITY THEREFORE AGREES TO USE ITS BEST EFFORTS TO SECURE AN ASSUMPTION OF SUCH OBLIGATION BY ANY SUCH ENTITY. SUBMITTED THIS DAY OF _ _, 1954, PURSUANT TO A RESOLUTION DULY ADOPTED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS. CITY OF CORPUS CHRISTI, TEXAS ATTEST: CITY SECRETARY ACCEPTED Nis THE DAY OF , 1954. MCCALL, PARKHURST d CROWE PARTNER JUNE 9, 1954 I CERTIFY TO THE CITY COUNCIL THAT THE MONEY REQUIRED FOR THE CONTRACT, AGREEMENT} OBLIGATION, OR EXPENDITURE CONTEMPLATED IN THE ABOVE AND FOREGOING ORDINANCE IS IN THE TREASURY OF THE CITY OF CORPUS CHRISTI TO THE CREDIT OF NO. ND. 141 WATER OPERATIONS FUND RESERVOIR CODE CH FUND FROM WHICH IT IS PROPOSED TO BE DRAWN AND SUCH MONEY IS NOT APPROPRIATED FOR ANY OTHER PURPOSE. d DIRECTOR F FINANCE CI Corpus Christ!, Texas 19-54, TO THE MEMBERS Cf' 'j- - v Corpus Chrl"'ti, Te�aa Gentlemen. Fez the An Clause of the ftregoing ordinance, a PYAHIn necessity exact for the Suspension a,S CbanUn, rl;(",(� Ithaa nt ordinance or resolution siwll !ot pataied fi irye datt it is introduced, and that saph ordinance mr -reo*11A2 , zu) "d Le r 4t three meetings of the City czuncil; Y., thtv"fmze, as �-xeby requti,, that you qw.Ecal �ala Charter yule or requirement and pass to -is or��inanee finally an the date it is introduced, or at 14e of the City Council. A ', p et t i U I I V, �GF (IORPUS CI➢ISri, TEXAS The Charter mwile wiz, !,,v tte -,611 swing vote, P, Co Callaway L12roy 1arfie, S. Mu:wlth (ill, 9" W. Jr The abc,,rr by tt�e Vote, King IYV t� James S. NaiwAth Iz 17 -'s What e F� P. 3 I -I a