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HomeMy WebLinkAbout021484 RES - 09/22/1992A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT ACCEPTING AN ASSIGNMENT FROM THE PORT OF CORPUS CHRISTI AUTHORITY OF AN OPTION AGREEMENT TO PURCHASE 41,280 ACRE- FEET OF WATER PER ANNUM FROM THE LAVACA- NAVIDAD RIVER AUTHORITY WHEREAS, present water supplies are insufficient to meet the future needs of Corpus Christi and surrounding communities; and WHEREAS, the health, welfare, and economic prosperity of our citizens depends upon acquiring adequate water supplies; and WHEREAS, acquisition of long-term water supplies is a lengthy process requiring responsible and prudent planning and action by our citizens and elected officials; and WHEREAS, the City of Corpus Christi has the opportunity to secure options on substantial additional water supplies and to participate in studies providing a sound basis for future decisions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: The City Manager is hereby authorized to execute an agreement accepting an assignment from the Port of Corpus Christi Authority of an Option Agreement to purchase 41,280 acre feet of water per annum from the Lavaca-Navidad River Authority, as set forth in the attached Exhibit A, incorporated herein. City Secretary MAYOR / THE CITY OF CORPUS CHRISTI APPROVED: I I DAY OF Ser{ , 19 V. James R. Bray, Jr., City Attorney By �• „` ORDS: 91181 T T r 021484 MICROFJLMED 1 Corpus Christi, Texas Z day of „)P,r ? (Y1 ael , 190 2 The above resolution was passed by the following vote: Mary Rhodes Cezar Galindo Leo Guerrero Betty Jean Longoria Edward A. Martin Joe McComb Dr. David McNichols Clif Moss Mary Pat Slavik 066 thrip (LG j? (up 021484 ASSIGNMENT OF OPTION AGREEMENT WHEREAS, on June 18, 1992, the Lavaca-Navidad River Author- ity ("LNRA") and the Port of Corpus Christi Authority of Nueces County, Texas (the "Port Authority"), entered into the "Option Agreement" granting to the Port Authority and its permitted assigns, an exclusive right and option to enter into an attached Water Delivery and Conveyance Contract, the terms of said Option Agreement and attachment being incorporated herein by reference; and WHEREAS, paragraph 6 of said Option Agreement permits assignment of said Option Agreement to the City of Corpus Christi, Texas (the "City"); and WHEREAS, the Port Authority desires to assign the Option Agreement to the City for the consideration recited below. NOW, THEREFORE, CITY AND PORT AUTHORITY AGREE AS FOLLOWS: 1. Pursuant to paragraph 6 of the Option Agreement, the Port Authority hereby assigns to the City, and the City hereby accepts, all rights and obliga- tions of the Port Authority under the Option Agreement. 2. In consideration of said assignment, the City shall pay to the Port Authority $ 15 4..Qlf.39 for the option price and expenses incurred by the Port Authority to acquire the option set forth in the Option Agreement. 3. This Assignment of Option Agreement shall be effective upon execution by both parties and approval by LNRA. ATTEST: CITY OF CORPUS CHRISTI By: By: City Secretary Juan Garza, City Manager Date APPROVED AS TO LEGAL FORM THIS ;L' DAY OF SEPTEMBER, 1992 JAMES R. By: A BRAY, JR., CITY ATTORNEY City At(tjorney T l PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TEXAS By: By: By: By: Bv: By: By: ton J. L. Laird /ddie^& Richard R. Valls ichard L. Bowe s anales ITS POT COMMISSIONERS "Port Authority" ATTEST: ASSIGNMENT APPROVED BY LAVACA-NAVIDAD RIVER AUTHORITY By: Secretary By: 3AOA140 140.014 290t091592 T • President of the Board of Directors -2-