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HomeMy WebLinkAbout06424 ORD - 02/07/1962IMS:JKH:2 -2 -62 a. + AN ORDINANCE AMENDING ORDINANCE NO. 4680, ADOPTED NOVEMBER 28, 1956, AND NOW APPEARING AS SECTION 38 -30 OF THE CORPUS CHRISTI CITY CODE, 1958, BY ADDING SUBSECTION (D) TO SAID SECTION 38 -30 SO AS TO PROVIDE A PRICE FOR IRRIGATION WATER AT 2 -1%4¢ PER 1000 GALLONS; AND DECLARING AN EMERGENCY. WHEREAS, IT IS ANTICIPATED THAT WATER IN LIMITED QUANTITIES AND SUBJECT TO PRIORITY FOR OTHER USES, IS FROM TIME TO TIME AVAILABLE FOR SALE FOR IRRIGATION FROM THE WESLEY SEALE DAM RESERVOIR OF THE CITY OF CORPUS CHRISTI AND THE USE OF WATER FOR SUCH PURPOSE WOULD BE BENEFICIAL TO THE CITIZENS OF THE AREA COMPOSED OF JIM WELLS, LIVE OAK, SAN PATRICIO, ARANSAS AND NUECES COUNTIES; AND WHEREAS, SUCH WATER, IF AND WHEN AVAILABLE, WOULD PROVIDE ADDITIONAL REVENUE FOR THE CITY OF CORPUS CHRISTI AND THE LOWER NUECES RIVER WATER SUPPLY DISTRICT, EVEN THOUGH IT IS NECESSARY TO FIX A PRICE THEREFOR WHICH WILL JUSTIFY THE USE OF SUCH WATER FOR IRRIGATION PURPOSES; AND WHEREAS, THE PRICE HEREINAFTER PROVIDED IS AGREEABLE TO THE LOWER NUECES RIVER WATER SUPPLY DISTRICT AND WITHIN THE ECONOMIC LIMITS APPLICABLE TO THE USE THEREOF FOR IRRIGATION PURPOSES: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT ORDINANCE N0. 4680, NOW APPEARING AS SECTION 38 -30 OF THE CORPUS CHRISTI CITY CODE, 1958, SUBSECTION (C), BE AND THE SAME IS HEREBY AMENDED BY ADDING SUBSECTION (D) TO SAID SECTION 38 -30 OF THE CORPUS CHRISTI CITY CODE, 1958, BY ADDING A RATE FOR RAW WATER USED FOR IRRIGATION PURPOSES TO BE PICKED UP AT SUCH LOCATION AS THE CITY MAY APPROVE AND AVAILABLE ONLY AT SUCH TIMES AS THE CITY APPROVES THE FOLLOWING PROVISON: °(D) UNTREATED WATER FOR IRRIGATION PURPOSES- -RATE PER 1000 GALLONSo 2 -1/40. "WATER FOR IRRIGATION PURPOSES SHALL BE AVAILABLE ONLY AT SUCH TIMES, AT SUCH QUANTITIES AND AT SUCH DELIVERY POINT AS IS APPROVED BY THE CITY ON EACH DAY OF TAKING- APPROVAL SHALL BE BY THE CITY MANAGERS THE SUPERINTENDENT OF PUBLIC UTILITIES OR SUCH OTHER OFFICER AS IS DESIGNATED BY THE CITY MANAGER." SECTION 2. THE NECESSITY FOR PROVIDING A RATE FOR THE SALE OF WATER FOR IRRIGATION PURPOSES ONLY, AVAILABLE AT SUCH TIME AND SUCH PLACE AND IN SUCH QUANTITIES AS APPROVED BY THE CITY TO PROVIDE WATER FOR BENE- FICIAL USE AT AN ECONOMICALLY FEASIBLE RATE AT THE EARLIEST DATE POSSIBLE CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCT'40N AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY EXIST, AND HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED, AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PAS E, IT IS ACCORDINGLY PASSED AND APPROVED THIS THE / DAY OF_i 1962. 7� A MAYOR ETA r THE CITY OF CORPUS CHRISTI, XAS APPROVED AS TO LEGAL FORM THIS DAY OF EBRUARY, 1962*. CITY ATTORI Ef CORPUS CHRISTI' ASS DAY OF , -t, s 191 Z TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; Ry THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY,, ix THE CITY OF i" + THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTES BEN F. MCDONALD Tom R. SWANTNER DR. JAMES L. BARNARD JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS Jams N. YOUNG THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTES BEN F. MCDONALD Tom R. SWANTNER It DR. JAMES L. BARNARD JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS JAMES H. YOUNG THE STATE OF TEXAS COUNTY OF NUECES THIS CONTRACT AND AGREEMENT THIS DAY MADE AND ENTERED INTO BY AND BETWEEN THE CITY OF CORPUS CHRISTI, HEREAFTER CALLED "CITY", AND Zephyr Baptiet Encampment , HEREAFTER CALLED „CUSTOMER", FOR THE TAKING OF WATER FROM THE NUECES RIVER FOR THE PURPOSE OF IRRIGATING A TRACT OF LAND SITUATED IN Live Oak COUNTY, TEXAS, ON THE FOLLOWING TERMS AND CONDITIONS. I CUSTOMER SHALL FURNISH ALL PUMPS, PIPES, VALVES AND EQUIPMENT NECESSARY FOR THE WITHDRAWAL OF WATER FROM THE NUECES RIVER AT THE POINT HEREINAFTER DESIGNATED AND OPERATE ALL OF SAID EQUIPMENT AT HIS OWN RISK AND EXPENSE. II CUSTOMER SHALL FURNISH A MEASURING DEVICE, SUBJECT TO THE APPROVAL OF THE WATER SUPERINTENDENT OF THE CITY OF CORPUS CHRISTI, FOR THE MEASURE- MENT OF WATER TAKEN. III CUSTOMER SHALL TAKE WATER AT SUCH INTERVALS AS ARE AGREEABLE TO THE CITY OF CORPUS CHRISTI ON EACH OCCASION OF TAKING. AT LEAST THREE (3) DAYS NOTICE SHALL BE GIVEN TO THE CITY PRIOR TO THE TAKING OF ANY WATER, AND IN THE EVENT THE CITY DOES NOT HAVE SUFFICIENT RESERVES TO HAVE WATER AVAIL- ABLE FOR SALE FOR IRRIGATION PURPOSES AND SO NOTIFIES CUSTOMER, OR PERSON IN CONTROL OF THE PUMPING FACILITIES OF CUSTOMER, THEN NO WATER SHALL BE WITH- DRAWN UNTIL FURTHER NOTICE BY THE CITY. IV WATER WITHDRAWN SHALL BE USED ONLY FOR IRRIGATION PURPOSES AND THEN ONLY FOR THE PURPOSE OF IRRIGATING APPROXIMATELY 30 ACRES OF LAND LOCATED IN Live Oak COUNTY, TEXAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS. Being a tract of land out of the G. W. levis , Abstract No. 270, and the Hooper and Made Survey, Abstract ND. 2 95 , is live Oak Gounty, Texas, and being described by metes and bounds as fo].lowar Beginning at the Southeast corner of said G. V. lewis Survey, Abstract No. 270, and the North corner of said Hooper and Wade Survey, Abstract No. 259, and the Same being the most northerly corner of this survey, the same being at a corner in a fence. THE STATE OF TEXAS COUNTY OF NUECES THIS CONTRACT AND AGREEMENT THIS DAY MADE AND ENTERED INTO BY AND BETWEEN THE CITY OF CORPUS CHRISTI, HEREAFTER CALLED "CITY", AND WhYr Baptist EnOW pment , HEREAFTER CALLED "CUSTOMER", FOR THE TAKING OF WATER FROM THE NUECES RIVER FOR THE PURPOSE OF IRRIGATING A TRACT OF LAND SITUATED IN Live Oak COUNTY, TEXAS, ON THE FOLLOWING TERMS AND CONDITIONS*. I CUSTOMER SHALL FURNISH ALL PUMPS, PIPES, VALVES AND EQUIPMENT NECESSARY FOR THE WITHDRAWAL OF WATER FROM THE NUECES ROVER AT THE POINT HEREINAFTER DESIGNATED AND OPERATE ALL OF SAID EQUIPMENT AT HIS OWN RISK AND EXPENSE. 1{ CUSTOMER SHALL FURNISH A MEASURING DEVICE, SUBJECT TO THE APPROVAL OF THE WATER SUPERINTENDENT OF THE CITY OF CORPUS CHRISTI, FOR THE MEASURE- MENT OF WATER TAKEN. III CUSTOMER SHALL TAKE WATER AT SUCH INTERVALS AS ARE AGREEABLE TO THE CITY OF CORPUS CHRISTI ON EACH OCCASION OF TAKING. AT LEAST THREE (3) DAYS NOTICE SHALL BE GIVEN TO THE CITY PRIOR TO THE TAKING OF ANY WATER, AND IN THE EVENT THE CITY DOES NOT HAVE SUFFICIENT RESERVES TO HAVE WATER AVAIL- ABLE FOR SALE FOR IRRIGATION PURPOSES AND SO NOTIFIES CUSTOMER, OR PERSON IN CONTROL OF THE PUMPING FACILITIES OF CUSTOMER, THEN No WATER SHALL BE WITH- DRAWN UNTIL FURTHER NOTICE BY THE CITY. IV WATER WITHDRAWN SHALL BE USED ONLY FOR IRRIGATION PURPOSES AND THEN ONLY FOR THE PURPOSE OF IRRIGATING APPROXIMATELY 30 ACRES OF LAND LOCATED IN Live Oak COUNTY, TEXAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS*. Being a tract of lend out of the G W. 7swla survey$ Abstr�aact No. 270, and the Hooper and Wade Survey, Abstract No. 259, in Live UaK Gopnty, Tesas, and being described by metes and bounds as follows Beginning at the Southeast corner of said G. W. Lewis Survey, Abstract No. 270, and the North corner of said Hooper and Wade Survey, Abstract No. 259, and the same being the most northerly corner of this survey, the same being at a corner in a fence. V WITHDRAWAL SHALL NOT EXCEED 2 FEET PER ACRE PER YEAR. EACH YEAR SHALL CONSIST OF THE PERIOD OF 12 CALENDAR MONTHS, COMMENCING WITH THE DATE OF THIS AGREEMENT AND THE ANNIVERSARY OF SUCH DATE FOR EACH SUCCESSIVE YEAR. VI THIS AGREEMENT SHALL BE FOR A TERM BEGINNING WITH THE DATE OF ITS EXECUTION AND ENDING AUGUST 1 NEXT FOLLOWING; BUT SHALL AUTOMATICALLY BE EXTENDED FROM YEAR TO YEAR, ENDING AUGUST 1 OF EACH YEAR UNLESS TERMINATED BY ONE OF THE PARTIES HERETO BY THE GIVING OF NOTICE IN WRITING AT LEAST 30 DAYS BEFORE THE NEXT TERMINATION DATE. SUCH AUTOMATIC EXTENSION SHALL SE EFFECTIVE FROM YEAR TO YEAR BUT IN NO EVENT SHALL THE TERM OF THIS CONTRACT BE EXTENDED BEYOND k09E YEARS FROM THE DATE OF THIS CONTRACT. VII ALL WATER TAKEN IN ANY ONE CALENDAR MONTH SHALL BE BILLED BETWEEN THE 1ST AND 10TH OF THE NEXT SUCCEEDING CALENDAR MONTH AND PAYMENT SHALL BE MADE AT THE OFFICE OF THE WATER DIVISION OF THE DEPARTMENT OF PUBLIC UTILITIES OF THE CITY OF CORPUS CHRISTI, IN THE CITY OF CORPUS CHRISTI, TEXAS, WITHIN TEN (10) DAYS OF THE RECEIPT OF SUCH BILL. ALL WATER TAKEN SHALL BE AT THE REGULAR RATE ESTABLISHED BY THE CITY COUNCIL FOR IRRIGATION WATER WHICH AT THE PRESENT TIME IS s.02 -1/4 PER 1000 GALLONS OF WATER. VIII THE CITY AGREES TO FURNISH WATER AS REQUESTED BY CUSTOMER IF A SURPLUS OF WATER EXISTS IN THE CITY WATER RESERVOIR, SURPLUS TO THE NEEDS FOR SUPPLYING DOMESTIC, MUNICIPAL AND INDUSTRIAL USES REGULARLY SUPPLIED BY THE CITY AND FOR THE SUPPLYING OF CONTRACTS FOR RAW WATER PRIOR IN TIME TO THIS CONTRACT, AND FURTHER PROVIDED THAT THERE IS SUFFICIENT RESERVE SUPPLY OF WATER IN THE LAKE TO SUPPLY ALL DOMESTIC, MUNICIPAL AND INDUSTRIAL NEEDS OF CUSTOMERS OF THE CITY, IN THE OPINION OF THE WATER SUPERINTENDENT OF CITY FOR A SUFFICIENT PERIOD OF TIME IN THE FUTURE AS WILL ASSURE NO SHORTAGE IN SUPPLY FOR DOMESTIC, MUNICIPAL AND INDUSTRIAL NEEDS, IX THE CITY SHALL HAVE NO RESPONSIBILITY FOR PUMPS, PIPES OR ANY OTHER -9- EQUIPMENT OF THE CUSTOMER, OR BE LIABLE FOR ANY DAMAGES WHICH MAY RESULT FROM THE CONDITION OF THE WATER, NOR FAILURE TO PERMIT THE WITHDRAWAL OF WATER WHEN IN THE OPINION OF THE WATER SUPERINTENDENT OF THE CITY AN INSUFFICIENT SUPPLY EXISTS. X MINIMUM CHARGE 18 HEREBY MADE BY THE CITY OF CORPUS CHRISTI OF 5.00 WHICH SHALL BE OWING ON THE FIRST OF EACH MONTH OF THE TERM THIS AGREEMENT, WHETHER ANY WATER IS WITHDRAWN OR NOT. XI CITY SHALL HAVE THE RIGHT OF INGRESS AND EGRESS TO THE PREMISE$ OF THE CUSTOMER AT ALL TIMES AS WELL AS THE RIGHT TO EXAMINE ALL PUMPS AND EQUIPMENT OF THE CUSTOMER. XII IT IS DISTINCTLY UNDERSTOOD AND AGREED THAT CUSTOMER SHALL NOT DELIVER OR SELL WATER DELIVERED TO IT HEREUNDER TO ANY OTHER PERSON, FIRM, CORPORATION OR MUNICIPALITY AND THAT ALL WATER WITHDRAWN BY CUSTOMER SHALL BE SOLELY FOR IRRIGATION PURPOSES ON THE LANDS HEREIN DESCRIBED. Xlil THIS CONTRACT SHALL BE NON - ASSIGNABLE WITHOUT THE WRITTEN CON- SENT OF THE CITY. THIS AGREEMENT IS EXECUTED SUBJECT TO THE APPROVAL OF THE TEXAS WATER COMMISSION AND NO WITHDRAWALS SHALL BE MADE BY CUSTOMER UNTIL SUCH APPROVAL OF WITHDRAWAL HAS BEEN MADE. IN WITNESS WHEREOFS THE PARTIES HERETO HAVE CAUSED THESE PRFAENTS TO BE DULY EXECUTED IN TRIPLICATE, THIS THE / DAY OF tg6�. CITY OF CORPUS CHRISTI ATTE BY CITY SECRET RY R. MARVIN TOWNSEND CITY MANAGER APPROVED AS 0 LEGAL F M T S DAY OF S 1 gAV "CI TY" Zephyr Baptist Encampment CITY AT RN , Bill McDaniel, President of Trustees "CUSTOMER"