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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