HomeMy WebLinkAbout05141 ORD - 08/20/1958IN6:Mw:7/22/5,'
AN ORDINANCE
AUTHORIZI(!G AND DIRECTING THE CITY MANAGER, FOR AND Oil
BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN
AGREEMENT WITH THE LOWER NUECES RIVER WATER SUPPLY
DISTRICT, AGREEING THAT MONTHLY PAYMENTS BY THE CITY TO
THE 4,_TER DISTRICT SHALL BE CONSIDERED AS BE11IG PAID
UNDER PROTEST, A COPY OF WHICH AGREEMENT IS ATTACHED
HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY.
BE IT GZDAINED 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 TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, AN
AGREEMENT WITH THE LOWER NUECES RIVER WATER SUPPLY DISTRICT PROVIDING T44AT
THAT PAYMENTS MADE DY THE CITY TO THE WATER DISTRICT EACH MONTH SHALL DE CON-
SIDERED AS BEING MADE UNDER PROTEST, A COPY OF WHICH AGREEMENT IS ATTACHED
HERETO AND MADE A PART HEREOF.
SECTION 2. THE NECESSITY FOR THE IMMEDIATE EXECUTION OF THE AGREE-
MENT DESCRIBED IN SECTION 1 HEREOF 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 THAT SUCH EMERGENCY AND NECESSITY
EXIST, REQUESTING THAT SUCH CHARTER RULE BE SUSPENDED AND THAT THIS ORDINANCE
BE PASSED FINALLY ON THE DATE IT IS INTRODUCED AND TAKE EFFECT AND BE IN FULL
FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS AC(COOOPI)INGLY SO ORDAINED.
PASSED AND APPROVED, THIS THE �f DAY OF S9Y'(ly5fi.
1
THE CITY OF CORPUS CHRISTI, TEXAS
ATTEST: /
I
CITY SECRETARY /
APPROVED AS TO LEGAL FORil THIS
TI 221.D 4AOF, JULY, 1950:
CITY P.T TORNEY J
THE STATE OF TEXAS I
COUNTY OF NUECES I
THIS AGREEMENT made and entered into this the
day of July, 1958, by and between the LOWER NUECES IUVER R ATER
SUPPLY DISTRICT, hereinafter called 'District ", and the CITY OF
CORPUS CHRISTI, Nueces County, Texas, hereinafter called "City":
WITNESSETH:
WHEREAS, the two said parties entered into a water
contract dated August 1fi, 1955, which is recorded in the Deed Records
of Nueces County, Texas, in Volume 702, pages 222 -234, which Contract
and its record is hereby referred to for all purposes; and
W HE RE A S , the District on the 1st day of duly, 1958, ac-
cepted the Wesley E. Seale Dam and impounding facilities referred to
in the above mentioned water contract from the contractor, and there-
upon requested that it be accepted by the City and that the increased
payments provided for in said water contract be made by the City to the
District commencing as of July 1, 1958; and
V, H E RE A S , the City has declined to accept the reservoir
facilities as not being ready for acceptance under said water contract
between the District and the City because the riot to inundate all of the
land in the reservoir has not been acquired by the District; ArrD BECAUSE
LITIGATION CONCERNING THE RESERVOIR PROJECT IS STILL PENDING;
IT IS ACCORDINGLY AGREED that the City shall make pay-
ments to the District at the rate of FORTY THOUSAND DOLLARS
($40, 000.00) per ;nonth, beginning July 1, 1953, or such other rate of
payment as would be applicable if the City had accepted the reservoir
facilities prior to July 1, 1958, but that such payments shall be made
and accepted as being under protest, and in the event it is finally
adjudicated that any of the payments made pursuant to this agreement
by the City to the District were not due and payable under the terms
of the water contract dated August 10, 1955, the District agree: to
reimburse the City for any and all of such payments and amounts of
money as may be finally adjudicated to have been made when they were
in fact not actually due and payable under the terms of the water con-
tract, together with interest from respective dates of payment at Three
Per Cent (3 %) per annul , and in such event the City shall have the
option of having any amounts overpaid, and interest due thereon, credited
against payments due under the contract after the date it may be deter-
mined that the City is iiable for such payments.
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed by their duly authorized representatives, this
the _day of duly, A. D. 1958.
LOWER NUECES RIVER W ATER SUPPLY
DISTRICT
By
President
ATTEST:
SEcretary
APPROVED AS TO LEGAL FORM:
Attorney for Lower Nueces Raver
Water Supply District
CITY OF CORPUS CHRISTI, TEXAS
sy
City Manager
ATTEST:
Secretary
APPROVED AS TO LEGAL FORM:
Ci y Attorney
CO US CHRISTI, TEXAS
'958
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CuRISTI, TEXAS
GENTLEMEN:
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE-
GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE
SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLU-
TION 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; IJ THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE
OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO -
DUCEDS OR AT THE PRESENT MEETING OF THE CITY COUNCIL.
RESPECTFULLY'
yq �
MA
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED
BY THE FOLLOWING VOTE:
FARRELL D. SMITH
W. J. ROBERTS
B. E. BIGLER
7
o
MANUEL P. MALDONADO
CHARLIE J. AILLS
ARTHUR R. JAMES
OOELL INGLE
THE ABOVE ORDINANCE WAS PASSED
�T
BY THE FOLLO INC VOTE:
FARRELL D. SM M,
W. J. ROBERTS
B. E. BIGLER
MANUEL P. MALDONADO
CHARLIE J. AILLS
ARTHUR R. JAMES
ODELL INGLE