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HomeMy WebLinkAbout023464 ORD - 10/13/1998AN ORDINANCE ADOPTING A PORTION OF THE FY 1998-99 CAPITAL BUDGET TO ADD $14,000,000 TO THE WATER PROGRAM; APPROPRIATING $14,000,000 FROM THE COMBINED UTILITY SYSTEM UNRESERVED FUND BALANCE TO SET ASIDE AND ENSURE SUFFICIENT FUNDS TO ACQUIRE THE GARWOOD WATER RIGHTS; PROVIDING FOR SEVERANCE; AND DECLARING AN EMERGENCY. WHEREAS, on October 7, 1998, the Texas Natural Resource Conservation Commission determined to issue its order approving the permit for transfer of water purchased from the Garwood Irrigation Company to the Corpus Christi area; WHEREAS, under its contract with the Garwood Irrigation Company, the City is now to make sufficient funds available for the Garwood water rights purchase; WHEREAS, the City will shortly determine the most appropriate funding source from several options, and until that determination is made the most appropriate source is the Combined Utility System Unreserved Fund Balance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That a portion of the FY1998-99 Capital Budget is hereby adopted by adding $14,000,000 to the Water Program. SECTION 2. That $14,000,000 is appropriated from the Combined Utility System Unreserved Fund Balance to provide a funding source to acquire the Garwood Water Rights. SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, work, or provision of this ordinance shall be held invalid or unconstitutional by final judgement of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, work, or provision of this ordinance, for it is the definite intent of the City Council that every section, paragraph, subdivision, clause, phrase, work, or provision hereof shall be given full force and effect for its purpose. SECTION 4. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for immediate action necessary for the efficient and effective administration of city affairs, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular my i s so that t ordi ance is passed and shall take effect upon first reading as an emergency measure this the l day of [2%.9 , 1998. ATTEST: Armando Chapa City Secretary Legal Form Approved Oct . THE CITY OF CORPUS CHRISTI Samuel L. Nedl Jr. Mayor, The City of Corpus ''risti , 1998; JAMES R. BRAY, JR., CITY ATTORNEY H:\LEG-DIR\JIMMY\WPDOCS\REGWATER\8JRB4510.205 O 1 `. (1 r) Corpus Christi, Texas 1 h day of CO-Oiy}.J , 1998. TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, c I Samuel L. Neal, Jr., Mayor THE CITY OF CORPUS CHRISTI Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Javier D. Colmenero Melody Cooper Alex L. Garcia, Jr.9itejtAir LAAr 000f1f Dr. Arnold Gonzales Betty Jean Longoria John Longoria Edward A. Martin Dr. David McNichols 4-1 H:ALEG-DIRVJI MMY\ W PDOCS\REG W ATER\SJ RR4510.205 023464 2