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HomeMy WebLinkAbout15462 ORD - 04/09/1980JHA:jkh:4-9-80; 1st • • 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 • 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. -2- 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 • 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, • 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