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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.