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HomeMy WebLinkAbout027998 ORD - 12/16/2008AN ORDINANCE REPEALING ORDINANCE 026215, ADOPTED ON APRIL 12, 2005, WHICH LOANED, APPROVED THE TRANSFER AS NEEDED, AND APPROPRIATED A TOTAL NOT TO EXCEED $3,500,000 FROM THE UNRESERVED FUND BALANCE IN THE NO. 3430 WASTEWATER CIP FUND TO THE SANITARY SEWER TRUNK SYSTEM TRUST FUND, TO BE REPAID TO THE NO. 3430 WASTEWATER CIP FUND AT AN INTEREST RATE EQUAL TO THE AAA RATED 5 -YEAR MUNICIPAL BOND RATE ON THE DATE OF THE LOAN, TO FUND THE SHORTFALL RESULTING FROM PENDING APPLICATIONS TO THE SANITARY SEWER TRUNK SYSTEM TRUST FUND; AND AMENDED THE 2004/2005 CIP BUDGET ADOPTED BY ORDINANCE #026188 TO INCREASE APPROPRIATIONS INTO THE NO. 3430 WASTEWATER CIP FUND BY $3,500,000; PROVIDING FOR SEVERANCE; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Ordinance 026215, adopted on April 12, 2005, which loaned and appropriated a total not to exceed $3,500,000 from the Unreserved Fund balance in the No. 3430 Wastewater CIP Fund as needed into the Sanitary Sewer Trunk System Trust Fund, to be repaid to the No. 3430 Wastewater CIP Fund at an interest rate equal to the AAA rated 5 year municipal bond rate on the date of the loan, to fund the shortfall resulting from pending applications to the Sanitary Sewer Trunk System Trust Fund, and which amended the 2004/2005 CIP Budget adopted by Ordinance #026188 to increase appropriations into the No. 3430 Wastewater CIP Fund by $3,500,000, is repealed. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate artion neressary_for theefficient and effective administration of -City -affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is pissed and takes effect uporyfirst rea ing as an emergency measure on this the I& ff—day of ��tet , 2008. 027998 ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Henry Gardett Mayor APPROVED: This 0 day of December, 2008: R. J R ning Fi t As istanY ity Attorney For City Attorney REPEAL ORD 026215 -- 12052008.DOC 2 3 Corpus Christi, Texas (Lp4day of 3 2008 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, Council Members The above ordinance was passed by the following vote: Henry Garrettit A Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon REPEAL ORD 026215 -- 12052008.DOC 027998