HomeMy WebLinkAbout15861 ORD - 11/05/1980AN ORDINANCE
AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE LOWER
NUECES RIVER WATER SUPPLY DISTRICT IN WHICH THE CITY
AGREES TO MAKE MONTHLY PAYMENTS TO THE WATER DISTRICT
TO AVOID A DISTRICT TAX LEVY, PROVIDING FOR THE
CANCELLATION OF THIS AGREEMENT SHOULD THE DISTRICT
LEVY A TAX, ALL AS MORE FULLY SET FORTH IN THE AGREE-
MENT, IN SUBSTANTIALLY THE FORM 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 and he is hereby authorized
to execute an agreement with the Lower Nueces River Water Supply District by
the terms of which the City agrees to make monthly payments to the Water
District in lieu of a District tax levy, all as more fully set forth in the
k •�
agreement, in substantially the form attached hereto and made a part hereof,
marked Exhibit "A".
SECTION 2. The necessity to authorize execution of the aforesaid
agreement 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 introduc-
tion but that such ordinance or resolution shall be read at three several
meetings of the City Council, and the Mayor having declared such emergency and
necessity to exist, and having requested the suspension of the Charter rule and
that this ordinance take effect and be in full force ands effect from and after
its passage, IT IS ACCORDINGLY SO ORDAINED, this the J day of November, 1980.
•
ATTEST:
'City Secretary
APP VED:
DAY OF NOVEMBER, 1980:
J. BRUCE AYCOCK, CITY ATTORNEY
15861
THEGCITY OF CORPUS CHRISTI, TEXAS
MICROFILMED
SEP 271984
AGREEMENT
THE STATE OF TEXAS
COUNTY OF NUECES X
This agreement this day entered into between the City of Corpus
Christi, hereinafter called "City", and the Lower Nueces River Water Supply
District, hereinafter called "District",
WITNESSETH:
WHEREAS, the contract between City and District, executed on August
10, 1955, and hereinafter called "1955 Contract" provides in Section 16
thereof that the City becomes the owner of the reservoir facilities when the
debt incurred for these facilities is paid off; and
WHEREAS, the City finds that unless the hereinafter agreement is
made and unless the City makes payments to the District as herein provided
there will be levied by the District a property tax upon the City's citizens
that will work to their economic detriment and, thus, adversely affect the
public welfare of the City and of its citizens:
NOW, THEREFORE, in consideration of the mutual benefits to accrue
to the parties upon the adoption of the following contract, and in consider-
ation of the obligations to be discharged by the City and the District under
the provisions of the proposed contract, independently of and apart from any
and all undertakings heretofore entered into between the City and the District,
but not in derogation of any rights and privileges accruing to either the
District, or the City by such prior undertakings, the parties hereto agree as
follows:
1. City agrees to pay in advance certain amounts of the payment
required after the close of the 1955 contract year so that the August pay-
ment and each monthly payment through July 1981 will be seventy-five thousand
dollars ($75,000) except for the final settlement of the 1980-81 contract year
which will occur in July 1981.
2. District agrees at this time that no property tax will be levied
for the 1980 tax year on property that is in the District as of January 1, 1980.
3. In the event the District should at some future date levy a tax
for the 1980 tax year, this agreement will be cancelled and payments to the
District will be made as provided for in the 1955 Contract.
4X//..4
4. Any and all penalties included in Section 13 of the 1955 Contract
are expressly deleted for the duration of this agreement.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to
be executed by their duly authorized representative, this the day of
, 1980.
ATTEST: CITY OF CORPUS CHRISTI
Bill G. Read, City Secretary R. Marvin Townsend, City Manager
APPROVED:
DAY OF , 1980
J. BRUCE AYCOCK, CITY ATTORNEY
APPROVED:
City Attorney (Departi^ent Head)
ATTEST: _ LOWER NUECES RIVER WATER SUPPLY DISTRICT
Secretary President
—2—
Corpus Christ -xas
,j day of
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,
THE CIi OF CORPUS CHRISTI, TEXAS
The Charter rule was suspend - by the following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
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
7
158G1