HomeMy WebLinkAbout06466 ORD - 03/28/19624 AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, - TEXAS,
' CALLING AN ELECTION ON THE"QUESTION•OF WHETHER OR NOT A `
CONTRACT ON'BEHALF OF THE.CITY, AS SELLER, AND ALICE WATER
AUTHORITY, AS BUYER, FOR THE SALE OF UNTREATED WATER,BY
THE CITY BE APPROVED AND THE CITY COUNCIL'BE AUTHORIZED' "
TO CAUSE'THE SAID CONTRACT TOIBE EXECUTED ON BEHALF OF THE :
CITY,,SAID CONTRACT BEING SET OUT IN THIS ORDINANCE; DESIG— s w'
' NATING THE PLACES FOW HOLDING SUCH ELECTION; NAMING THE
OFFICERS THEREFOR; DESCRIBING FORM OF NOTICE OF ELECTION,
t� AND ENACTING PROVISIONS INCIDENTVAND RELATING TO THE SUBJECT 4 a
£ OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. ,•, '
WHEREAS, THE CITY 6F CORPUS CHRISTI IS THE OWNER OF A WATER'•
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Y
DISTRIBUTION SYSTEM AND HASji VNDER THE TERMS OF -IQTS CONTRACT WITH THEt,
LOWER NUECES RIVER WATER SUPPLY l Dtl TRICOT, SURPLUS WATER WHICH THE ALICE
WATER AUTHORITY DESIRES TO- PURCHASE; AND' ' ` Y9+^
g WHEREAS, ALICE WATER AUTHORITY HAS OFFERED TO PURCHASE WATER n
IN ACCORDANCE WISTH THE TERMS AND,PROVISIONS SET OUT IN THE CONTRACT HERE— ' •S,
INAFTER SET FORTHIN THIS ORDINANCE`; AND
WHEREAS, THE CrITY COUNCIL DEEMS IT NECESSARY THAT THE QUESTION
OF WHETHER OR NOT SAID CONTRACT SHOULD BE ENTERED INTO WITH THE ALICE ' {
WATER AUTHORITY SHOULD BE SUBMITTED TO A VOTE OF THE QUALIFIED ELECTORS
OF THE CITY: *'FY
NOW, THEREFORE, BE�IIT,, ORDAINED BY THE CITY COUNCIL OF THE CITY
I
'OF CORPUS CHRISTI, TEXAS:
,
SECTION 1. THAT AN ELECTION BE HELD IN SAID CITY OF CORPUS
CHR STI, TEXAS; ON THE 21ST DAY OF�'APRIL, A.D., 1962, FOR THE PURPOSE OF
DETERMINING WHE.THER3a.OR NOT THE ±QUALIFIED ELECTORS OF THE CITY OF CORPUS
�. ; r r
CHRISTI, TEXAS, APPROVE, DESIRE AND AUTHORIZE THE EXECUTION OF THE FOLLOW— '
ING CONTRACT WITH ALICE WATER AUTHORITY, TO —WIT;
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DRAFT OF MARCH 9, 1962
STATE OF TEXAS
COUNTY OF NUECES
WATER CONTRACT BETWEEN ALICE WATER AUTHORITY AND THE CITY OF CORPUS CHRISTI
WHEREAS, the City of Corpus Christi (hereinafter called "Corpus
Christi "), by virtue of a contract executed on August 10, 1955 between the
Lower Nueces River Water Supply - District (hereinafter called "District ") and
Corpus Christi, is the sole purchaser of untreated water from the District;
and
WHEREAS, said contract between Corpus Christi and District was
authorized by the voters of the City of Corpus Christi on December 13, 1952,
for a period of 30 years; and
WHEREAS, said contract grants to Corpus Christi complete and
exclusive rights to all water impounded by the reservoir during the life of
said contract and obligates Corpus Christi to provide all inhabitants of
District with water service upon a basis of equality and uniformity without
discrimination in accordance with Corpus Christirs rate schedules and
requirements applicable to the various classifications of service, including
such requirements as the City may prescribe for subdivisions and new consumers
(Section 10); and
WHEREAS, xiaxa&d t J;MxtolxVtMtg%61(xMt6Ael6xiidyx LxxdLxjClQdxgyxt?i6x
x�icnciaGxbycxetSrgkavau�txtx, pcx$ evisxuYpX�Xx�YcptxftftFf�Fxddxpiis�fSx�i�; said
contract provides in Section 11 thereof that Corpus Christi shall compensate
District in the amount of:
First 14,000,000,000 gallons - $480,000
From 14,000,000,001 gallons to 25,000,000,000 gallons at 3 -1/4¢ per
1000 gallons
From 25,000,000,001 gallons to 30,000,000,000 gallons at 3¢ per 1000
gallons
From 30,000,000,001 gallons to 35,000,000,000 gallons at 2¢ per 1000
gallons
All over 35,000,000,000 gallons at 1-1/20 per 1000 gallons
WHEREAS, said contract (Section 14) specifies that Corpus Christi
shall retain ownership of the water permits heretofore issued to it by the
Board of Water Engineers of the State of Texas; and
; and
WHEREAS, Section 15 of said contract states:
"The District agrees that so long as this contract shall be in force,
it will not enter into any other contract to supply water out of the
reservoir project herein contemplated. The City agrees that surplus
water will be made available by it under appropriate contract with
municipalities and other consumers located outside the District and
with agricultural users for irrigation purposes either within or
without the District. It is provided, however, that prior to entering
into such contract the City shall first have the approval of the
District. With regard to surplus water sold to municipalities and
other consumers outside the District, it is agreed that the City
shall compensate the District therefor under the provisions of
Section 11 hereof, but that as regards any surplus water sold for
irrigation purposes, it is agreed that the compensation received
therefrom by the City shall be divided between the City and the
District under arrangements arrived at when the contract therefor
is presented to the District for its approval, and that any and all
amounts to be received by the District under such arrangements for
irrigation purposes shall be in addition to those amounts to which
it shall be entitled, and the water so taken shall not be construed
as water received by the City, under the provisions of Section 11
hereof. As used in this Section, the term 'surplus water' shall be
construed to mean water not necessary to meet the requirements of
consumers within the District, other than irrigation users, or to
fulfill the City's contracts in existence at the time of the execution
of this agreement, and contracts subsequently executed under the
provisions hereof."
WHEREAS, Alice Water Authority (hereinafter called "Alice "), an
Authority created by the Legislature under Article XVI, Section 59 of the
Constitution to supply water to the City of Alice and others, has determined w,
that it desires to obtain water from the Nueces River to serve its present
and future customers in and around the City of Alice; and
WHEREAS, Corpus Christi has determined that at this time sufficient
crater is available in the Nueces River and can be impounded in the existing
storage facilities at Lake Corpus Christi so as to serve the existing customers
of Corpus Christi, meet the obligations of the existing contracts of Corpus
Christi, and provide the anticipated requirements of Alice; and
WHEREAS, Corpus Christi is desirous of selling said water to Alice
for the benefit of Corpus Christi, Alice, and the Nueces River area; and
WHEREAS, prior to the execution of this contract an election has
been held in the City of Alice, Texas, on the _ day of
1962, pursuant to Article 1109(e) Vernon's Texas Statutes, under which that
City is authorized to make a long -time water supply contract with Alice, which
will be the principal market for the water purchased by Alice, hereunder;
NOW, THEREFORE, this contract (hereinafter called the "Contract "),
this day made and entered into by and between Corpus Christi, acting herein by
and through its duly authorized officers, pursuant to an election held in
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Corpus Christi on the day of , 1962 and Alice,
acting through its duly authorized officers, hereinafter called Alice,
WITNESSETH, in consideration of the premises and the sum of Ten
Dollars ($10.00) cash in hand paid to Corpus Christi by Alice, the benefits
arising to both Corpus Christi and Alice through the sale of u0treated water,
and the mutual covenants and agreements of the parties herein contained, it is
agreed as follows:
1. Construction of Facilities - Alice shall construct or cause
to be constructed a diversion works, pumps, pipeline, terminal
storage reservoir, water treatment plant, and /or related
appurtenances (hereinafter called "Facilities ") to be arranged
to permit taking water by Alice either from Lake Corpus Christi
or from the Nueces River below said Lake. The Facilities shall
be in accordance with plans and specifications to be prepared by
Alice and acceptable to Corpus Christi and may, at the option of
Alice, be built in stages as the needs of Alice may require, with
plans and specifications for each stage receiving individual
approval by Corpus Christi before the start of construction of
that particular stage. Approval by Corpus Christi shall relate
solely to those matters which might affect: the potential rate
and quantity of taking; land owned by Corpus Christi or District;
reservoir pollution; or dependability and safety of the Corpus
Christi water supply.
2. Point of Diversion - The point of diversion shall be either
Lake Corpus Christi or a location on the banks of the Nueces River
between Lake Corpus Christi and Calallen. Alice shall determine
the point of delivery, subject to approval by Corpus Christi of
the diversion facility plans and location.
In case diversion is from the Nueces River rather than from
the Lake above Wesley Seale Dam, changes in the rate at which Alice
takes water from time to time, except in the case of emergencies
caused by equipment failure, shall be made only after prior notice
to Corpus Christi. The length of time between such notice and
such change in rate of taking shall be according to the manner
prescribed and the schedule established by Corpus Christi, but
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the required length of such prior notice shall in no event
exceed 48 hours. In the event the rate of taking by Alice is
reduced without notice as above set forth, in addition to the
amount of water actually taken by Alice and measured for payment,
there shall be added a further quantity of water. This addi-
tional quantity shall be computed as the amount Alice would have
taken according to the theretofore established schedule during
the scheduled time, as estimated by the Corpus Christi Water
Superintendent, if the unscheduled reduction in rate of taking
had not been made. An increase in the rate of taking by Alice,
without due notice as above provided may be made only upon direct
application to and with the approval of an authorized represent-
ative of Corpus Christi.
3. Right -of -Way and Easements - Corpus Christi shall assign unto
Alice the necessary easements and rights -of -way, together with
rights of ingress and egress of, along, and across all lands over
which Corpus Christi now has ownership or easement. Such easements
and rights -of -way shall be assigned to Alice, without cost, for
the construction, operation, and maintenance of the Facilities.
Corpus Christi will support any request by Alice for necessary
easements, rights-of-way, or rights of ingress or egress over
lands or easements owned by the District.
4. Relocation - If Corpus Christi or whatever governmental
subdivision acquires the right to provide expanded untreated water
facilities determines that it is necessary to adjust or relocate
facilities constructed by Alice in order that lands or easements
belonging to Corpus Christi or District can be used for water
storage, channel transmission or other water supply improvements,
Alice shall bear the cost of such facility adjustments or
relocations. Corpus Christi will give due and careful considera-
tion to the location of Alice's facilities in planning new
facilities and will, within the limits of sound engineering and
ultimate total project cost to all agencies, minimize the required
relocation of the facilities of Alice.
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5. Maintenance of Facilities - Facilities constructed by Alice
shall be maintained and operated by or on behalf of Alice, subject
to provisions herein contained and any future maintenance or
operational contract which might be entered into by Alice. Corpus
Christi shall have the right to require Alice to maintain its
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Facilities on Corpus Christi or District property or easements in
a manner comparable to the level of maintenance at similar Corpus
Christi facilities.
6. Indemnity - Alice will indemnify Corpus Christi from any
liability which might accrue because of facilities constructed by
Alice on land or right -of -way oomed by Corpus Christi or District
and Alice assumes all responsibility for adequately maintaining and
safeguarding said Facilities. This provision is for the protection
of Corpus Christi, Alice and District and is not for the benefit of
third parties.
7. Quantity - Corpus Christi agrees to sell, subject to the condi-
tions hereinafter set forth, such untreated water to Alice as
Alice might require during the first twelve month period immediately
following the last day of the month in which water is first taken
by Alice for use in the municipal water system of the City of
Alice, Texas. In subsequent years Corpus Christi agrees to sell:
(a) The amount of water taken by Alice in the previous twelve
month period plus ten percent, or
(b) The average quantity of water taken by Alice in its
highest previous three years plus ten percent, whichever
is greater.
Corpus Christi also agrees to sell whatever quantity of water Alice
requires in excess of the above mentioned amounts if, in the
opinion of Corpus Christi, such water is available and can be sold
to Alice without endangering the water supply of Corpus Christi or
of holders of prior contracts.
8. Quality Considerations - It is understood and agreed that
Corpus Christi shall use reasonable diligence to prevent tae
pollution or contamination of any of the water supply referred to
herein from any cause, including that which might result from the
exploration for and development of oil, gas or other minerals.
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9. Measurement - The untreated water delivered under this contract
shall be measured by a suitable water meter or meters to be fur-
nished and installed by Alice and kept in repair by Corpus Christi
at or near the place of delivery of untreated water. Corpus
Christi shall have the right to specify the type of meter or meters
to be used and to specify the installation design of the meter or
meters. Checks as to the accuracy of the meter or meters shall be
made semi - annually by Corpus Christi, and Corpus Christi shall
notify Alice in writing ten (10) days in advance of all semi - annual
checks and tests in order that Alice may have a representative
present as a witness. Semi - annual tests as to the accuracy of the
meter or meters shall be at Corpus Christi's expense. If either
Corpus Christi or Alice, at any time, shall notify the other that
it desires a special test of any meter, the parties shall cooperate
in arranging for a special test to be made by Corpus Christi. The
expense of the special test of the meter or meters shall be paid
by the party requesting such test. If, on any test, the meter
tested shall be found to be inaccurate by an amount exceeding two
percent (2%), then any previous readings of such meter shall be
corrected for any period of inaccurate measurement thereby which is
definitely known or agreed upon; but no such correction shall
extend back over a period beginning more than fifteen (15) days
prior to the time when such inaccuracy was first made known by
either party to the other. If, for any reason, the meter or
meters are out of service ao that the volume of water delivered
hereunder cannot be ascertained or computed from meter readings
thereof, the water delivered during the period such meter or
meters are out of service shall be estimated and agreed upon by
the parties hereto upon the basis of the best data available.
Corpus Christi shall read the meter or meters on or about the last
day of each month and shall determine from these readings the
amount of water delivered to Alice. Corpus Christi shall service
the recording and integrating instruments of the meter or meters
and shall retain the charts and integrator readings as a part of
the Corpus Christi water records. All such charts and integrator
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readings shall be made availaole to 'Alice's representatives
at all reasonable office hours. Any duplicate recorders providing
charts for Alice shall be purchased, maintained, and serviced by
and at the expense of Alice.
•
10. Price - The price to be charged for untreated water sold by
Corpus Christi to Alice will be whichever of the two following
prices is the lower:
(a) The regular published untreated or rair water rates for
consumers, other than irrigation water consumers, outside
of the Lower Nueces River ;later Supply District, as cur-
rently established or subsequently adjusted, which now
are 50 per thousand gallons for all water used up to ten
million gallons per month, and 40 per thousand gallons
for all water used in excess of the ten million gallons
per month; or
(b) The "composite cost of untreated water" as defined in
Section 11 hereof.
11. Composite Cost of Untreated Water - The composite cost of
untreated water will be calculated as of each anniversary date of
this contract or June 1 of each calendar year, whichever date occ:us
first in the calendar year, and will be applicable at the begin-
ning of the first billing cycle after the calculation date.
The components of the composite cost of untreated water
are:
(a) Average price paid by Corpus Christi to District. This
amount is to be determined by dividing the total payment
by Corpus Christi for the last completed contract year
between Corpus Christi and District by the total quantity
of water purchased during that contract year, all as set
forth in the annual final bill by the District to Corpus
Christi; plus
AN AMOUNT EQUAL TO THE
(b) Pax Subsidy, if any, provided by the property ormers of
the Lower Nueces River Water Supply District which is
hereby defined to be based on the most recently completed
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calendar year, as reported by the annual audit thereof,
and to include the total cash expenditures of all District
funds, including debt interest and principal retirement
and excluding the bond construction fund by whatever name
s
it might be called, less revenue received from:
(1) Sales of water to Corpus Christi during the same
calendar year,
(2) The net income from oil field activities, and
(3) Land rentals and miscellaneous non -tax related
income. For this purpose all interest income of
any nature whatsoever will be considered to be
tax related income.
The net cash expenditure figure, before the application of
direct or related tax income, will be divided by the total
quantity of water used within the District during the
preceding calendar year as estimated by the Corpus Christi
Water Superintendent. The term "net cash expenditures" as
used in this contract is hereby further defined as
excluding any direct expenditures or debt service costs
for new or reconstructed facilities to be constructed
subsequent to the date of this contract, such expenditures
to be accounted for as set forth in Section 17 below; plus
(c) Actual costs incurred by Corpus Christi for the maintenance
and operation of Wesley E. Seale Dam and Lake Corpus
Christi divided by the total quantity of untreated water
purchased by Corpus Christi from the District during the
same fiscal year. Actual costs are hereby defined as the
actual expenditures of the Reservoir Activity or its suc-
cessor in the Water System Operating Fund for the most
recently completed fiscal year, as reported by the annual
audit for that year, plus 75% for administration, insur-
ance, capital outlay replacement and other overhead
factors.
12. Payments - Corpus Christi shall monthly submit a statement to
Alice indicating the quantity of water withdrawn by and sold to
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Alice during the preceding meter reading cycle. Alice shall render
payments within 15 days of receipt of said statement. All payments
shall be made by Alice out of the revenues received by it from the
water supply contract between Alice and the City of Alice executed
pursuant to the provisions of Vernon's Texas Statutes Article
1109(e), as heretofore authorized by the election above mentioned.
Any clerical error or minor question regarding said statement will
not be sufficient grounds to delay payment by Alice to Corpus
Christi. Any such questions shall be promptly settled under the
terms of this contract and by the ogreement of both parties hereto.
Any adjustment in the amount paid as a result of such agreement
shall be added to or deducted from the following month's bill.
13• Fixed Minimum Obligation - Alice is not obligated to purchase
any minimum amount of water in any billing month during the period
of this contract but Alice shall pay to Corpus Christi, beginning
at the close of the first billing cycle following the month in
which water is first taken by Alice for use in its municipal
system of the City of Alice, the minimum sum of $100 per month, re-
gardless of whether or not any water is used. If the payment due
Corpus Christi from Alice for water'withdraim during the billing
period under consideration exceeds $100, then payment shall be
made for the amount due. If the payment which would be due on the
basis of water withdrawn is less than $100, then $100 shall be the
amount due. This minimum amount is intended to cover the costs of
meter reading, testing, billing and other costs, which will
continue whether or not any water is withdrawn by Alice. If Alice
shall not have commenced taking water within three years after the
contract shall have been finally executed, the payment of such
$100.00 minimum amount shall first be made for the month next
following the third anniversary date of such final execution and
for each month thereafter in which less than $100.00 of water is
taken, so long as this contract is in effect.
14. Restrictions on Resale - It is distinctly understood and
agreed that without prior written consent of Corpus Christi, Alice
shall not deliver or sell water obtained under this contract to
any other persons, firms or corporations except such persons, firms
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0
or corporations which are bonafide customers of the water
distribution system of the City of Alice and who do not resell
such water, and Alice agrees to bind all of its customers to the
effect that the stipulation contained in this contract, not to
resell water, shall be binding upon each of said customers,
including the further stipulation that should there be a shortage
in the basic supply of water which requires the restriction or
curtailing of any consumer of water within the city limits of
Corpus Christi that coincident with such restriction or limita-
tion within Corpus Christi, Alice will limit and restrict all of
its customers to the same extent. This section expressly forbids
the resale of water by a customer of City of Alice to any consumer
without the written consent to such resale by Corpus Christi.
15, Relative Priority of Industrial Users - It is understood by
the parties hereto that industries outside of Corpus Christi and /or
District have a lower water use priority than industries inside
Corpus Christi and /or District. It is agreed that any and all
industrial users both inside and outside of Alice which may be
supplied through the lines and distribution system of Alice shall
be subject to and bound by the same provisions regarding priority
of users of water as are industrial users outside of Corpus Christi
and /or District which are now or may become users of water directly
from Corpus Christi.
16. Water Rights - It is mutually agreed and understood that
Corpus Christi shall have complete and exclusive rights to all
water impounded by the Corpus Christi reservoir (now Lake Corpus
Christi) during the time this contract shall remain in force.
Corpus Christi binds and obligates itself, however, to take the
necessary actions within its power and to make the necessary
applications to obtain whatever additional water rights as might
be necessary to adequately meet the needs of its existing contracts,
this contract with Alice, and any future contractual obligations
of Corpus Christi. It is also mutually agreed and understood that
this contract is subject to Corpus Christi obtaining the necessary
permission from the Texas Water Commission or other regulatory body
having authority over such matters to sell water to Alice and Alice
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agrees to support any future Corpus Christi request to the
Texas Water Commission for said permit or for any other water
rights on the Nueces River. Should it develop that Alice requires
a permit to divert and transport the water sold to Alice by
Corpus Christi hereunder, Corpus Christi agrees to support the
application by Alice to the Texas Water Commission for such a
permit.
17. Future Water Supply - Alice agrees to cooperate with Corpus
Christi in investigating the need for, methods to obtain, and most
advantageous construction timetable for enlarged water supply
facilities, If Corpus Christi determines that it is necessary,
IN ORDER TO ACCOMPLISH SUCH PURPOSE,
to construct or reconstruct channel or reservoir facilities, this
contract shall terminate upon the completion of those facilities
unless one of the following conditions has first been met;
(a) Alice recognizes an additional element of cost of un-
treated water to be calculated by dividing the total
quantity of untreated water used in each previous
calendar year inside Corpus Christi or whatever govern-
mental Subdivision has financed the new facilities into
the total tax revenue derived directly from such govern-
mental subdivision for the purpose of financing the new
or reconstructed facilities. The figure thus arrived at
will be the new facility tax subsidy being paid by the
taxpayer within Corpus Christi or the larger governmental
subdivision financing the new facilities. This additional
cost element is thus the fourth cost segment. Alice agrees
that this cost segment plus the three cost segments
specified in Section 11 above will, upon completion of
the new facilities, become the basis for the price to be
charged by Corpus Christi to Alice and will supersede any
rate schedule in effect at that time. In the event this
fourth element becomes a part of the rate structure, such
revenue as is derived from this element will be disposed
of by agreement between the City and the District entered
into at that time; or
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(b) Alice voluntarily joins whatever governmental subdivision,
assuming some other governmental subdivision than Corpus
Christi, is financing the new or reconstructed facility
so that the tax base of Alice will become a portion of
the tax base of the subdivision financing the new supply
facilities and whatever taxes are levied for the purpose
of constructing or reconstructing the new facilities will
apply equally to property in Alice and in such govern-
mental subdivision.
If Alice elects to terminate this contract in lieu of compliance
with sub - section (a) or (b) above, notice in writing by registered
mail shall be given to Corpus Christi at least 30 days before the
bond or contract election for such facility expansion or reconstruc-
tion, or no later than seven days after such bond or contract
election is officially called if the resulting period between
official call and election is less than 30 days. If Alice does
not elect to carry out the provisions of subsection (b) above and
notice of termination is not provided to Corpus Christi by Alice,
subsection (a) above will apply.
18. Right to Terminate Contract - If Alice's need for water from
Corpus Christi should cease for a period of at least 30 days, then
in such event, Alice may, by giving 30 days written notice, to
Corpus Christi by registered mail cancel and terminate this
contract in its entirety. If Alice should elect to give and
actually gives Corpus Christi said written notice, then after the
expiration of 30 days from the date said notice is mailed to
Corpus Christi as above provided,this contract and all of its
provisions shall become null and void. This provision shall not
apply if Corpus Christi or some other governmental subdivision has
received voter approval at a legally called election to issue tax
or revenue bonds for the construction of expanded facilities as
provided in Section 17 above. If after 5 years from the date of
this contract, Alice has not provided Facilities for the taking of
water under the terms hereof, Corpus Christi shall have the right
to cancel this contract by giving written notice to Alice of such
intention, or Corpus Christi may if it sees fit, extend the
5 -year period for any additional period or periods, retaining the
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right to terminate this contract at the end of any such extended
period until such time as Alice may complete its Facilities and
begins taking the water after which Corpus Christi's right to
terminate shall cease.
19. Force Majeure - If Corpus Christi should be prevented, wholly
or in part, from fulfilling its obligations under this contract by
reason of any act of God, unavoidable accident, acts of enemy,
strikes, fires, floods, conservation of water for those with
superior and legal rights to such water, governmental restraint
or regulation, or other causes of force majeure, or by reason of
circumstances reasonably beyond its control, then the obligations
of Corpus Christi to deliver water to Alice, as hereinabove
provided, shall be temporarily suspended during continuation of
such force majeure. No damage shall be recoverable by Alice from
Corpus Christi by reason of the temporary suspension of deliveries
of water due to any of the causes above mentioned. If Corpus
Christi's obligation should be affected by any such causes, Corpus
Christi shall promptly notify Alice in writing, giving full
particulars of such force majeure as soon as possible after the
occurrence of the cause or causes relied upon.
20. Assignability - This contract may be assigned by Alice only
with the written prior consent of the governing body of Corpus
Christi, but if assigned, this contract shall be binding upon
parties hereto as well as their successors and assigns. Alice
hereby agrees that should District be in any way consolidated with
or absorbed by Corpus Christi that Corpus Christi will be substi-
tuted in this contract in lieu of District wherever such word
appears.
21. Term of Contract - When this contract shall have been
approved by District, the obligations of the parties hereto shall
be binding and shall extend from the date hereof for a period of
thirty (30) years subject to the termination provisions herein
contained. If this contract shall have been authorized at a
special election in Corpus Christi, called at the request of Alice,
the costs of such special election will be borne by Alice.
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22. Renewal of Contract - The parties recognize the fact that
most of the Facilities to be installed by Alice should have a
useful life in excess of the 30 -year term of this contract and
that they will have limited value unless operated for taking
water from the water supply of Corpus Christi. Accordingly,
upon request of either party, an extension of the term of this
Agreement will be the subject of negotiation between the parties
and extended upon such terms as are agreed upon by the parties
at that time, provided such request for negotiation is communi-
cated in writing at least two (2) years prior to the termination
of this Agreement,
23. Authority to Execute - In order to make this contract fully
binding, each of the parties has been duly authorized hereunto and
in the execution hereof by proper ordinance or resolution of the
respective governing body and certified copies furnished by each
party to the other party for attachment hereto. And the approval
thereof by the governing body of the District shall likewise have
been given through an appropriate resolution,certified copies of
which shall have been given to the Parties to this contract.
24. All Agreements Contained in This Written Instrument - It is
agreed by the parties hereto that this instrument contains in
writing all of the agreements between the parties hereto and that
nothing (except those things required by law) not incorporated
herein or by reference shall be binding on the parties.
IN WITNESS WHEREOF, the parties hereto have caused this instrument
to be executed in several counterparts, each copy of which so executed shall
be considered as an original, by their respective duly authorized representa-
tives, this the day of , 1962.
CITY OF CORPUS CHRISTI, TEXAS
By
ATTEST. City Manager
City Secretary of Corpus Christi
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1
APPROVED AS TO LEGAL FORM THIS
DAY OF , 1962:
City Attorney of Corpus Christi
APPROVED:
Director of Finance of
Corpus Christi
ATTEST:
Secretary, Alice Water Authority
APPROVED:
ATTEST:
ALICE WATER AUTHORITY
By
President
LOWER NUECES RIVER WATER SUPPLY DISMICT
By
President
Secretary, Lower Nueces River Water
Supply District
- 15 -
E
AT WHICH ELECTION, ABOVE MENTIONED, THE FOLLOWING PROPOSITION SHALL BE
I
SUBMITTED TO THE RESIDENT QUALIFIED ELECTORS OF THE CITY OF CORPUS
CHRISTI, TEXAS;
PROPOSITION "A"
"SHALL THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, BE AUTHORIZED TO CAUSE TO BE EXECUTED A CONTRACT, ON
BEHALF OF THE CITY, WITH ALICE WATER AUTHORITY FOR THE SALE
OF WATER BY THE CITY OF CORPUS CHRISTI FOR A PERIOD OF THIRTY
(30) YEARS WITH AN OPTION ON THE PART OF THE PARTIES, ON
GIVING NOTICE TO TERMINATE THE CONTRACT UPON CERTAIN CONDI-
TIONS, AT THE PRICES AND UNDER,THE TERMS AS CONTAINED IN
PROPOSED CONTRACT, SAID CONTRACT BEING SET OUT IN ORDINANCE
N0. PASSED AND APPROVED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS, ON MARCH 4, 19622"
SECTION 2 SAID ELECTION SHALL BE HELD IN THE CITY OF CORPUS
CHRISTI, TEXAS, AT THE FOLLOWING PLACES AND THE FOLLOWING NAMED PERSONS
ARE HEREBY APPOINTED JUDGES AND OFFICERS OF SAID ELECTION:
LIST OF VOTING PRECINCTS OF LNRWSD, POLLING PLACES, ELECTION JUDGES & HELPERS
PRECINCT NO. 1 - JUDGE GILLELAND'S COURT ROOM - COUNTY COURT HOUSE
COMBINED PRECINCT Nos. 1, 2 3JJ 4, 5, 6, 30, 31, 32, 33, 45,
46, 47, 4A, 49, AND ALL THAT PORTION OF
COUNTY VOTING PRECINCT N0. 21 LOCATED WITHIN
THE CITY LIMITS.
CECIL M. PROCTOR - ELECTION JUDGE
HENRY J. KERBER - ASSISTANT JUDGE
MRS. C. M. PROCTOR -CLERK
MRS. LEA M. BECK -CLERK
PRECINCT NO. 2 ' - WYNN -SEALE JR. HIGH SCHOOL ANNEX - 1800 SOUTH STAPLES
COMBINED PRECINCT Nos. 39, 40, 41, 43, 53, 56, 57, 58, 62, 73,
83, 85, 88, 96 AND 97.
MRS. MAURINE MOORE - ELECTION JUDGE.
MRS. E. G. WELDON - ASSISTANT JUDGE
MRS. JAMES DURHAM -CLERK
MRS. F. E. PECKENPAUGH -CLERK
PRECINCT NO. 3 - LINDALE RECREATION BUILDING - 3133 SWANTNER
COMBINED PRECINCT NOS. 42, 50, 59, 63, 67, 68, 69 AND 86.
MRS* DOLLY CARROLL - ELECTION JUDGE
MRS. RUTH B. GILL - ASSISTANT JUDGE
MRS. A. L. HAYMAKER -CLERK
MRS. A. C. ROACH -CLERK
PRECINCT No. 4 - HAMLIK JR. HIGH SCHOOL - 3850 SOUTH STAPLES
COMBINED PRECINCT NOS. 64; 66,'71" 72, 87, 93, 94, 95, AND
PART OF 20 WITHIN THE CITY LIMITS.
MRS.'R.'H. GODEKE - ELECTION JUDGE
E. S. BARROW, JR. - ASSISTANT JUDGE
MRS. CATHERINE M. COX -CLERK
MRS. CARRIE M. CAGE -CLERK
PRECINCT NO. 5 - LOZANO SCHOOL - 650 OSAGE
COMBINED PRECINCT NOS. 44; 6o,'61, 74, 75,'76, 77, 8D, �8;'
AND THAT PART OF 24 WITHIN THE CITY LIMITS.
MRS. ROSE GONZALES - ELECTION JUDGE
MRS. LYDIA TRUJILLO - ASSISTANT JUDGE
MRS. ROBERT C. TAMEZ =CLERK
MRS• CHRISTINIA G. TRAVIS -CLERK
PRECINCT N0. 6 - WEST HEIGHTS BAPTIST CHURCH, 6442 SCOTT DRIVE
COMBINED PRECINCT NOS. 7, 8, 38, 52, 78, 79, 81, 82, 99, AND
ALL THAT TERRITORY CONTAINED IN COUNTY VOTING
PRECINCT NOS. 36 AND 51 LOCATED WITHIN THE
CITY LIMITS.
MRS. J. H. VETTERS - ELECTION JUDGE
MRS. D. E. CARNETT - ASSISTANT JUDGE
MRS. D. H. MOORE -CLERK
MRS. C. M. MCKINNEY -CLERK
PRECINCT NO. 7 - FRASER ELEMENTARY SCHOOL, AIRLINE AND MCARDLE ROADS
COMBINED PRECINCT NOS. 65, 84, 89, 90, 91, AND 92 AND THAT
PART OF 17, 18 AND 70 WITHIN THE CITY LIMITS.
R. L. WISWELL, - ELECTION JUDGE
BEN F. WOOD, JR. - ASSISTANT JUDGE
MRS. FELIX IRWIN, ' -CLERK
MARIE W. FOUNTAINE -CLERK
ABSENTEE VOTING SHALL BE CONDUCTED BY THE CITY SECRETARY AT HIS
OFFICE IN THE CITY HALL AND THE RESULTS CANVASSED'AND RETURNS MADE AS IS PRO-
VIDED BY LAW. A SPECIAL CANVASS BOARD IS HEREBY APPOINTED AS FOLLOWS:
MRS. EDNA MEADOR, JUDGE
MRS. DORIS FRANCIS,ASSISTANT JUDGE
MRS. KENYA TOON, CLERK
SECTION 3. THAT SAID ELECTION SHALL BE HELD IN ACCORDANCE WITH
THE PROVISIONS OF THE STATUTES AND CONSTITUTION OF THE STATE OF TEXAS AND
THE CHARTER OF THE CITY OF CORPUS CHRISTI TEXAS.
SECTION 4. THE POLLS WILL BE OPEN FROM 7;00 O'CLOCK A. M. TO
7:OO'OICLOCK P. M. ALL VOTERS DESIRING TO SUPPORT THE PROPOSITION TO
AUTHORIZE AND APPROVE THE EXECUTION OF THE CONTRACT WITH ALICE WATER
AUTHORITY SHALL HAVE WRITTEN OR PRINTED ON THEIR BALLOTS THE FOLLOWING
WORDS;
"FOR THE AUTHORIZATION AND APPROVAL OF THE CONTRACT WITH
ALICE WATER AUTHORITY FOR SALE OF UNTREATED WATER TO SAID
AUTHORITY."
AND ALL THOSE OPPOSED TO THE PROPOSITION OF AUTHORIZING AND APPROVING THE
EXECUTION OF THE CONTRACT TO ALICE WATER AUTHORITY SHALL HAVE WRITTEN OR
PRINTED ON THEIR BALLOTS THE FOLLOWING WORDS;
"AGAINST THE AUTHORIZATION AND APPROVAL OF THE CONTRACT
WITH ALICE WATER AUTHORITY FOR SALE OF UNTREATED WATER
TO SAID AUTHORITY."
SECTION 5. A SUBSTANTIAL COPY OF THIS ORDINANCE, SIGNED BY THE
MAYOR OF THE CITY OF CORPUS CHRISTI AND ATTESTED BY THE CITY SECRETARY,
SHALL'CONSTITUTE THE NOTICE OF ORDERING OF SAID ELECTION, AND THE MAYOR
IS DIRECTED TO CAUSE A COPY OF THIS ORDINANCE, SIGNED BY HIM, TO BE POSTED
AT THE CITY HALL AND AT EACH OF THE VOTING PLACES IN EACH.ELECTION PRECINCT
NOT LESS THAN FIFTEEN (15) DAYS PRIOR TO SAID ELECTION2 AND TO HAVE A COPY
OF THIS ORDINANCE, SIGNED BY HIM, PUBLISHED IN THE CORPUS CHRISTI TIMES,
THE OFFICIAL NEWSPAPER OF THE CITY OF CORPUS CHRISTI, BEING A NEWSPAPER OF
GENERAL CIRCULATION PUBLISHED WITHIN THE CITY OF CORPUS CHRISTI, TEXAS,
SAID PUBLICATION TO BE MADE ONE TIME AT LEAST TEN (10) DAYS PRIOR TO THE
`n.
DATE OF THE ELECTION.
SECTION 6. VOTING MACHINES MAY BE EMPLOYED AT THE ELECTION
HEREIN ORDERED IN ACCORDANCE WITH THE PROVISIONS OF V.A.T.S. ELECTION CODE,
ARTICLE 7.14, AND SAID ELECTION SHAL4 BE HELD AND RETURNS OF SAID ELECTION
MADE PROMPTLY BY THE RESPECTIVE OFFICERS HOLDING SAME TO THE CITY SECRETARY
AND SAID RETURNS SHALL BE CANVASSED AND THE RESULTS DECLARED BY THE CITY
COUNCIL.
SECTION 7. THAT THE PUBLIC IMPORTANCE OF THE QUESTION INVOLVED
AND THE REQUIREMENT OF THE CITY CHARTER REQUIRING THE SUBMISSION OF SUCH
QUESTION CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY ..
REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDER OR RESOLUTION
SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH
ORDER OR RESOLUTION SHALL BE READ AT THEE SEVERAL MEETINGS OF THE CITY
COUNCIL, AND THE MAYOR AND THE CITY COUNCIL HAVING DECLARED THAT SUCH
EMERGENCY AND NECESSITY EXIST AND HAVING REQUESTED THAT SUCH CHARTER RULE
BE SUSPENDED, THIS ORDINANCE SHALL BE PASSED FINALLY ON THE DATE OF ITS
INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND
AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED THIS THE T�
DAY OF MARCH, 1962.
MAYOR
ATTEST: THE CITY OF CORPUS CHRI TEAS
CITY SECRETAR I /
APPROVED AS TO LEGAL FORM THIS
THE 2W- DAY OF MARCH, 1962:
CITY ATTORNEY
CO�RRRCPUUS CHRISTI,I TEXAS
• 1 A DAY 0 F�"92
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS i
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
COUNCILS 1, 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,
MAYOR
THE CITY OF CORPUS CHRISTI, TE S
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
' BEN F. MCDONALD
' TOM R. SWANTNER +
41
•,w DR. JAMES L. BARNARD
JOSE R. DELEON
M. P. MALDONADO
W. J. ROBERTS�/y�Q�
JAMES H. YOUNG
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
BEN F. MCDONALD
y" TOM R. SWANTNER
}
DR. JAMES L. BARNARD
JOSE R. DELEON '
M. P. MALDONADO
' W. J. ROBERTS
JAMES H. YOUNG
w