HomeMy WebLinkAbout15462 ORD - 04/09/1980JHA:jkh:4-9-80; 1st
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AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO
THE CONTRACT AMONG THE FEDERAL GOVERNMENT, THE NUECES
RIVER AUTHORITY AND THE CITY OF CORPUS CHRISTI, BY
DELETING ALL OF SECTION 6b, AS TO CONTRACTORS' OBLIGATION
NOT EXCEEDING ESTIMATED OBLIGATION BY MORE THAN 15% AND
BY DELETING THE LAST TWO SENTENCES OF SECTION 6c AS TO
COMPLETION WITHIN THE CONTRACTOR'S MAXIMUM OBLIGATION AND
INABILITY TO AGREE ON AN AMENDATORY CONTRACT, A SUBSTANTIAL
COPY OF SAID AMENDMENT BEING ATTACHED HERETO AND MADE A
PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager be authorized to execute an
amendment to the contract among the Federal Government, the Nueces River
Authority and the City of Corpus Christi by deleting all of Section 6b, as
to contractors' obligation not exceeding estimated obligation by more than
15% and by deleting the last two sentences of Section 6c as to completion
within the contractor's maximum obligation and inability to agree on an
amendatory contract, a substantial copy of said amendment being attached
hereto and made a part hereof, marked Exhibit "A".
SECTION 2. The necessity to execute the aforesaid amendment at the
earliest practicable date 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 but 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, having requested the suspension of the Charter rule 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
SO ORDAINED, this the day of April, 1980.
ATTEST:
4'City secretary
APP VED:
DAY OF APRIL, 1980:
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant Corney
15462
TH CITY OF CORPUS CHRISTI, TEXAS
(FST040780)
i
Contract No. 6-07-01-X0675
Amendment No. 1
NUECES RIVER RECLAMATION PROJECT, TEXAS
CONTRACT
Among the
UNITED STATES OF AMERICA
CITY OF CORPUS CHRISTI, TEXAS
and the
NUECES RIVER AUTHORITY
for
Construction, Operation and Maintenance
of the
Nueces River Federal Reclamation Project, Texas
THIS AMENDATORY CONTRACT, is made this day of
1980, among the UNITED STATES OF AMERICA, hereinafter
referred to as the "United States," acting through the Secretary of the
Interior or his duly authorized representative for the Water and Power
Resources Service (formerly Bureau of Reclamation) hereinafter referred
to as the "Contracting Officer," and pursuant to the Federal Reclamation
Laws, as amended and supplemented; the City of Corpus Christi, Texas,
hereinafter referred to as'the "City," organized and existing pursuant
to the laws of the State of Texas, with its principal office at Corpus
Christi; and Nueces River Authority, hereinafter referred to as the
"Authority," organized and existing pursuant to the laws of the State
of Texas, as set forth in Articles 8280-115, Vernon's Texas Civil
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Statutes, as amended, with its principal office at Uvalde, Texas (the
City and the Authority sometimes referred to in this agreement col-
lectively as the "Contractors." The Contractors will act by and through
the City).
WITNESSETH THAT:
EXPLANATORY RECITALS
WHEREAS, by Contract No. 6-07-01-X0675 dated June 30, 1976,
hereinafter referred to as the original repayment contract, the Contractors
agreed to repay the reimbursable costs of the Nueces River Project, Texas, as
authorized by the Reclamation Development Act of 1974 (Public Law 93-493,
sections 1001-1005, 88 Stat. 1486, 1496-1497 (1974), and
WHEREAS, Article 6(c) of the original repayment contract provides
that the parties enter into an amendatory contract if the actual reimbursable
costs as authorized by Congress exceeds by 15 percent the costs estimates used
in the original repayment contract,
NOW, THEREFORE, in consideration of the mutual and dependent
covenants herein contained, it is agreed among the parties as follows:
1. Article 6(b) of the original repayment contract (Contract
No. 6-07-01-X0675, dated June 30, 1976) is hereby deleted.
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2. The last two complete sentences of Article 6(c) of the
original repayment contract are hereby deleted. These two sentences of
Article 6(c) appear on lines numbered 16 through 23 on page 11 and lines
numbered 1 through 3 on page 12 of the original repayment contract.
3. All other provisions of the original repayment contract
No. 6-07-01-X0675, dated June 30, 1976, remain in full force and effect.
Executed as of the day and year first hereinabove set forth in
several counterparts, each of which is an original.
ATTEST: CITY OF CORPUS CHRISTI, TEXAS
(SEAL)
ATTEST: NUECES RIVER AUTHORITY
By
APPROVED AS TO LEGALITY:
Attorney for City of
Corpus Christi, Texas
Attorney for Nueces
River Authority
By
UNITED STATES OF AMERICA
By
Regional Director, SW Region
Water and Power Resources Services
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Corpus Christi, T xas
9 day ofj,(r /, , 19 pe
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
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 or resolution 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, therefore, 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,
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MAYOR
THE C
OF CORPUS CHRISTI, TEXAS
The Charter rule was suspend-. by the fallowing vote:
Luther Jones /,
Edward L. Sample Of',
Dr. Jack Best ,�,
David Diaz i'
Jack K. Dumphy 1„
Betty N. Turner
Cliff Zarsky �.
The above ordinance was pass;. by the following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
15462