HomeMy WebLinkAbout16545 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 IN
WHICH THE CITY AGREES TO MAKE MONTHLY PAYMENTS TO THE
WATER DISTRICT TO AVOID A DISTRICT TAX LEVY, PROVID-
ING FOR THE CANCELLATION OF THIS AGREEMENT SHOULD THE
DISTRICT LEVY A TAX, ALL AS MORE FULLY SET FORTH IN
THE AGREEMENT, 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
agreement, in substantially the form attached hereto and made a part hereof,
marked Exhibit "A".
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 of
executing the aforesaid agreement for the purpose of avoiding a District tax
levy, such finding of an emergency is made and declared requiring suspension
of the Charter rule as to consideration and voting upon ordinances or resolu-
tions at three regular meetings so that this ordinance is passed and shall
take effect upon first reading as an emergency this .2„3 day of September,
1981.
ATTEST:
""DAY OF SEPTEMBER, 1981
4211luce Aycock, City Attorney
MAY
16545
THE CITY OF CORPUS CHRISTI, TEXAS
M1CROBLMED`
SEP 2 71984
AGREEMENT
THE STATE OF TEXAS
X
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 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 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 payment
and each monthly payment through July 1982 will be seventy-five thousand
dollars ($75,000) except for the final settlement of the 1981-82 contract year
which will occur in July 1982.
2. District agrees at this time that no property tax will be levied
for the 1981 tax year on property that is in the District as of January 1, 1981.
3. In the event the District should at some future date levy a tax
for the 1981 tax year, this agreement will be cancelled and payments to the
District will be made as provided for in the 1955 Contract.
Exh. "A"
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
, 1981.
ATTEST: CITY OF CORPUS CHRISTI
Bill G. Read, City Secretary R. Marvin Townsend, City Manager
APPROVED:
day of , 1981
J. BRUCE AYCOCK, CITY ATTORNEY APPROVED:
City Attorney
(Department Head)
ATTEST: LOWER NUECES RIVER WATER SUPPLY DISTRICT
Secretary President
Corpus Christi exas
day o 4__91:44_ 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,
Council Members
MAYO
THE CI OF CORPUS CHRISTI, TEXAS
The above ordinance was passed by the foll•wing vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles N. Kennedy
Cliff Zarsky
16545