HomeMy WebLinkAbout16544 ORD - 09/23/1981sp;9/23/81;lst
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH THE LOWER NUECES RIVER WATER SUPPLY DISTRICT BY
THE TERMS OF WHICH THE CITY AGREES TO MAKE A $100,000
SUPPLEMENTAL PAYMENT TO THE DISTRICT FOR DEBT RETIRE-
MENT DURING THE 1981-82 FISCAL YEAR, ALL AS MORE FULLY
SET FORTH IN THE AGREEMENT, IN SUBSTANTIALLY THE FORM
ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART
HEREOF; 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 payment of $100,000 supple-
mental payment to the District for debt retirement during the 1981-82
fiscal year, all as more fully set forth in the agreement, in substantially
the form attached hereto, marked Exhibit "A", and made a part hereof.
SECTION 2. That upon written request of the Mayor or five Council
members, copy attached, to find and declare an emergency due to the need for
execution of the aforesaid agreement for the purpose of enabling the District
to meet its debt service obligations and thus expedite the transfer of title
of the reservoir to the City of Corpus Christi, such finding of an emergency
is made and declared requiring suspension of the Charter rule as to consider-
ation and voting upon ordinances or resolutions at three regular meetings so
that this ordinance is passed and shall take effect upon first reading as an
emergency measure this day of September, 1981
ATTEST:
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D:
Y OF SEPTEMBER, 1981
MAY
THE CITY OF CORPUS CHRISTI, TEXAS
SEP 2 71984
MICROFILMED
16544
AGREEMENT
THE STATE OF TEXAS X
COUNTY OF NUECES I
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:
NOW, THEREFORE, in consideration of the mutual benefits to accrue
to the parties upon the adoption of the following contract and, in considera-
tion 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 Dis-
trict, 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:
City agrees to pay the District Eight Thousand Three Hundred Thirty-
three and 33/100 Dollars ($8,333.33) per month for the months of August 1981
through July 1982, or a total of One Hundred Thousand Dollars ($100,000)
during the 1981-82 fiscal year as a payment for the purposes of enabling
District to meet its debt service obligations and thus expedite the transfer
of title of the reservoir to the City of Corpus Christi. These payments will
in no way affect the 1955 Contract.
IN WITNESS WHEREOF, the parties hereto have caused this agreement
to be executed by their duly authorized representatives, this the day
of , 1981.
ATTEST:
CITY OF CORPUS CHRISTI
By
City Secretary R. Marvin Townsend, City Manager
APPROVED: APPROVED:
J. BRUCE AYCOCK, CITY ATTORNEY (Department Head)
By
Assistant City Attorney
ATTEST:
LOWER NUECES RIVER WATER SUPPLY DISTRICT
By
Secretary President
Corpus Christi, Texas
23 day o�
./. 1981
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance or resolution,
an emergency exists requiring suspension of the Charter rule as to consideration and voting
upon ordinances or resolutions at three regular meetings; I/we, therefore, request that you
suspend said Charter rule and pass this ordinance or resolution finally on the date it iS
introduced, or at the present meeting of the City Council.
Respectfully, Respectfully,
ouncil Members
THE CITY OF CORPUS CHRISTI, TEXAS
The above ordinance was passed by the following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
16544