HomeMy WebLinkAbout05376 ORD - 06/03/1959IMS:JKH:6 -3 -59
AN ORDINANCE
EXPRESSING THE ATTITUDE OF THE CITY IN THE
MATTER OF FINANCIAL ASSISTANCE TO THE LOWER
NUECES RIVER WATER SUPPLY DISTRICT; A HORIZING
THE CITY MANAGER TO FURNIS STAT NT THE:RLOF
FOR THE USE OF THE TEXAS WATER DEVELOPMENT BOARD;
AND DECLARING AN EMERGENCY.
WHEREAS, THE LOWER NUECES RIVER WATER SUPPLY DISTRICT HAS
` MADE APPLICATION TO THE TEXAS WATER DEVELOPMENT BOARD FOR FINANCIAL
ASSISTANCE IN THE AMOUNT OF $3,000P000.00 NEEDED FOR LAND ACQUISITION
FOR THE WESLEY SEALE DAM; AND
WHEREASS TEXAS WATER DEVELOPMENT BOARD HAS MADE REQUIREMENT
THAT THE SAID WATER SUPPLY DISTRICT FURNISH A STATEMENT FROM THE CITY
TO THE EFFECT THAT THE CITY DOES NOT DESIRE TO GIVE FINANCIAL ASSISTANCE
TO THE SAID WATER SUPPLY DISTRICT; AND
WHEREAS, IT IS DESIRED THAT THE EXPRESSION OF THE COUNCIL IN
THE MATTER BE REDUCED TO WRITING AND AFTER EXECUTION BY THE CITY MANAGER,
FORWARDED TO SAID WATER SUPPLY DISTRICT TO MEET SAID REQUIREMENT:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. THAT AFTER DUE CONSIDERATION, THE COUNCIL FINDS
THAT IT IS NOT EXPEDIENT TO FURNISH FINANCIAL ASSISTANCE TO THE LOWER
NUECES RIVER WATER SUPPLY DISTRICT AND THAT A STATEMENT TO THAT EFFECT
BE FURNISHED FOR THE PURPOSE OF SO INFORMING THE TEXAS WATER DEVELOPMENT
BOARD, A COPY OF WHICH STATEMENT EXPRESSING THE FINDING OF THE COUNCIL
IS ATTACHED HERETO AND MADE A PART HEREOF.
SECTION 2. THAT THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI
IS AUTHORIZED TO EXECUTE ANDOELIVER THE STATEMENT OF THE POSITION OF THE
CITY IN THE MATTERS AS STATED IN THE WRITTEN STATEMENT ATTACHED HERETO
AND MADE A PART HEREOF AND REFERRED TO IN SECTION 1 HEREOF.
SECTION 3. THE NECESSITY FOR IMMEDIATE EXECUTION OF SAID
STATEMENT AND FURNISHING OF THE SAME TO THE LOWER NUECES RIVER WATER
5376
SUPPLY DISTRICT CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC
NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDI-
NANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS
INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BF., READ
AT THREE SEVERAL MEETINGS OF THE CITY COUNCILS AND THE MAYOR, HAVING
DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE
SUSPENSION OF SUCH CHARTER RULE AND THAT THIS ORDINANCE BE PASSED
FINALLY ON THE DATE OF ITS INTRODUCTION 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 j DAY OF JUNE, 1959.
ATTEST: 7f6ff���<�L�
r'll i MAYOR
THE CITY OF UPUS CHR T1/ TEXAS
CITY SECRE'A
APP4PVED AS TO LEGAL F0 THIS
DAY OF JUNE,," X195599:
CITY AT RN•' //
Reference is made to that certain written contract entered into
by and between Lower Nueces River Water Supply District and City of
Corpus Christi, Texas, dated the 10th day of August, 1955, and particularly
Section 17 of such Contract, a portion of which reads as follows:
..... In the event, however, that for reasons beyond its
control, the District shall be interrupted in the construc-
tion of the reservoir project, once begun, and it should
appear the District will never to able to complete same
without financial assistance, the City may, at its option,
give such financial assistance as it may legally give in
order to complete the project. In such event the parties
shall be empowered to renegotiate and reform the terms
of this agreement to accord with the circumstances then
existing. it
City of Corpus Christi hereby states and represents that it does
not choose to exercise the option as specified in the above quoted portion of
the Contract, but on the other hand refuses to exercise such option; and
further, in this connection states and represents that at the present time
it is neither practical nor feasible for the City of Uorpus Christi to exercise
such option, even in the event it chose to do so, because at this time it is
not in position to render such assistance to Lower Nueces River Water Supply
District.
This statement and representation by and on behalf of City of
Corpus Christi is made particularly to Texas water Development Board to
be considered by it in connection with the Application of Lower Nueces River
Water Supply District.
CITY OF CORPUS CHRISTI, TEXAS
DATED; JUNE 3, 1959
B
City Manager
•.
CORPUS CHRISTI, TEXAS
i
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
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,'7HEREFORf, 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
THE CITY OF COR CHRIST , TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTES
ELLROY KING
JAMES L. BARNARD
MRS. RAY AIRHEART dit
JOSEPH B. DUNN -
PATRICK J. DUNNE
R. A. HUMBLE
GABE L. LOZANO, SR.
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWI G VOTEo
ELLROY KING
JAMES L. BARNARD
MRS. RAY AIRHEART
JOSEPH B. DUNN
PATRICK J. DUNNE
R. A. HUMBLE
GABE L. LOZANO, SR.