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HomeMy WebLinkAbout06498 ORD - 04/25/1962AH:4 -23 -62 — AN ORDINANCE CANVASSING RETURN AND DECLARING THE RESULTS OF AN ELECTION OF THE QUESTION OF WHETHER OR NOT A CON- TRACT BE APPROVED AND THE CITY COUNCIL BE AUTHORIZED TO CAUSE SAID CONTRACT TO BE EXECUTED BY AND ON BEHALF OF THE CITY BY AND BETWEEN T E CFA ITY AND ALICE WATER ,AUTHORITY FOR THE SUPPLYING OF WATER IN SPECIFIED QUANTTT C F RATES HELD ON THE 21ST DAY 0 APR L, I9 b?; AND DECLARING AN EMERGENCY. WHEREAS, HERETOFORE ON THE 28TH DAY OF MARCH, 1962, THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, PASSED AN ORDINANCE, BEING ORDINANCE N0. 6466, CALLING AN ELECTION ON THE QUESTION OF WHETHER OR NOT A CONTRACT BE APPROVED AND THE CITY COUNCIL BE AUTHORIZED TO CAUSE SAID CONTRACT TO BE EXECUTED BY AND ON BEHALF OF THE CITY BY AND BETWEEN THE CITY AND ALICE WATER AUTHORITY CREATED BY THE LEGISLATURE UNDER ARTICLE XVI, SECTION 59 OF THE CONSTITUTION, FOR THE SUPPLYING OF WATER IN SPECIFIED QUANTITIES AT SPECIFIED RATES TO BE HELD ON THE 21ST DAY OF APRIL, 1962; AND WHEREAS, NOTICE OF SAID ELECTION WAS ACTUALLY GIVEN AS REQUIRED BY LAW AND AS DIRECTED IN SAID ORDINANCE, AS IS SHOWN BY AFFIDAVIT PROPERLY FILED IN THE OFFICE OF THE CITY SECRETARY; AND WHEREAS, SAID ELECTION WAS DULY AND LEGALLY HELD ON THE 21ST DAY OF APRIL, 1962, IN CONFORMITY WITH THE ELECTION LAWS OF THE STATE OF TEXAS, AND THE RESULTS OF SAID ELECTION HAS BEEN CERTIFIED AND RETURNED BY THE PROPER JUDGES AND CLERKS THEREOF; AND WHEREAS, THIS COUNCIL HAS TODAY CONSIDERED THE RETURNS OF SAID ELECTION HELD ON THE 21sT DAY OF APRIL, 1962; AND WHEREAS, IT APPEARS TO THE COUNCIL AND THE COUNCIL SO FINDS THAT THE SAID ELECTION WAS IN ALL RESPECTS LAWFULLY HELD; AND WHEREAS, IT APPEARS TO THE COUNCIL AND THE COUNCIL SO FINDS THAT THE CITY SECRETARY HAS TABULATED THE RESULTS OF SAID ELECTION AND CERTIFIED SUCH TABULATION TO THE COUNCIL, AND THAT SUCH TABULATION IS CORRECT: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE TABULATION OF VOTES CAST IN THE ELECTION ON THE QUESTION OF WHETHER OR NOT A CONTRACT BE APPROVED BY VOTE AND THE CITY COUNCIL BE AUTHORIZED TO CAUSE SAID CONTRACT TO BE EXECUTED BY AND ON BEHALF CD�� OF THE CITY BY AND BETWEEN THE CITY OF CORPUS CHRISTI AND ALICE WATER AUTHORITY FOR THE SUPPLYING OF WATER IN SPECIFIED QUANITITIES AS SPECIFIED RATES HELD ON THE 21ST DAY OF APRIL, 1962, MADE AND CERTIFIED TO BY THE CITY SECRETARY OF THE CITY OF CORPUS CHRISTI, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, BE AND THE SAME IS HEREBY ADOPTED AS THE OFFICIAL TABULATION,OF VOTES CAST AT SAID ELECTION AND THAT SAID TABULATION BE FILED AND RECORDED IN THE OFFICIAL RECORDS OF THE CITY OF CORPUS CHRISTI AS THE OFFICIAL CANVASS OF SAID ELECTION. SECTION 2. THAT THE PROPOSITION TO AUTHORIZE AND APPROVE A CONTRACT BETWEEN THE CITY AND ALICE WATER AUTHORITY AND TO AUTHORIZE THE CITY COUNCIL TO CAUSE SAID CONTRACT TO BE EXECUTED AS DESCRIBED IN SECTION •I HEREOF AND SAID ORDINANCE NO. 6466, PASSED AND APPROVED BY THE CITY COUNCIL ON THE 28TH DAY OF MARCH, 1962, WAS SUSTAINED BY A MAJORITY OF THE QUALIFIED ELECTORS VOTING AT SAID ELECTION IN THE CITY OF CORPUS CHRISTI, AND THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI IS AUTHORIZED TO CAUSE TO BE EXECUTED SAID CONTRACT WITH THE ALICE WATER AUTHORITY, AND THE CITY MANAGER IS HEREBY DULY AUTHORIZED AND DIRECTED TO EXECUTE SUCH CONTRACT FOR AND ON BEHALF OF THE CITY, IN ACCORDANCE WITH SAID PROPOSITION. SECTION 3. THAT THE NECESSITY OF PROMPTLY PUTTING INTO EFFECT THE WISHES OF THE QUALIFIED ELECTORS OF THE CITY AS EXPRESSED IN THE AFORESAID ELECTION BY AUTHORIZING'THE EXECUTION OF SAID CONTRACT WITH ALICE WATER AUTHORITY AND TO MAKE AN OFFICIAL 'CANVASS OF VOTES CAST IN THE AFORESAID ELECTION AND DECLARE THE SAID RESULTS OF SAID ELECTION 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 INTRODUCTION 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 -2- EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS THE DAY OF APRIL, 1962. MAYOR F10 -Tem THE CITY OF CORPUS CHRISTI, TEXAS ATTEST: TY SECRET Y APPROVED AS TO LEGAL FORM THIS THE DAY OF APRIL, 1962: CITY ATTORNEY DRAFT OF APRIL 4, 1962 STATE OF TEXAS COUNTY CF NUECES WATER CONTRACT BETWEEN ALICE WATL'R AUTHORITY AND THE CITY OF CORPUS CIMISTI 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 ChristiSand 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 Christi's rate schedules and require- ments applicable to the various classifications of service, including such requirements as the City may prescribe for subdivisions and new consumers (Section 10); and WHEREAS, said contract provides in Section 11 thereof that Corpus Christi shall conmensate 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 -1/2¢ 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 WHEREAS, SECTION 155 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 1, SECTION 11 HEREOF, -BUT THAT AS REGARDS ANY SURPLUS WATER SOLD FOR IRRIGATION PURPOSES, 'fIT IS AGREED THAT THE "' COMPENSATION RECEIVED ' THEREFROM BY THE CITY SHALL BE DIVADED 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 TH OS E'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 HEREOF. AS USED IN•THIS SECTION, THE TERM 'SURPLUSY�WATER' SHALL BE , CONSTRUED TO MEAN WATER NOT NECESSARY TO MEET THE REQUIREMENTS OF CONSUMERS WITHIN THE DISTrRICT, OTHER THAN IRRIGATION USERS, OR TO FULFILL THE CITY 13 CONTRACTS IN EXISTENCE AT THE TIME OF THE EXECUTION OF THIS AGREEMENT, AND CONTRACTS SUBSEQUENTLY EXECUTED UNDER THE PROVISIONS HEREOF." AND - - - WHEREAS,'ALICE WATER AUTHORITY (HEREINAFTER CALLED "ALICE "), AN, AUTHORITY CREATED BY'THE LEGISLATURE UNDER ARTICLE XVI, SECTION 59 ?OF THE CONSTITUTION T'O,SUPPLY WATER TO THE CITY OF ALICE AND OTHERS, HAS DETERMINED 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 y WATER IS AVAILABLE IN THE NUECES RIVER AND CAN BE IMPOUNDED IN THE EXISTING s� STORAGE FACILITIES AT LAKE CORPUS CHRISTI SO AS TO SERVE THE EXISTING CUSTOMERS "OF CORPUS CHRISTI, MEET THE OBLIGATIONS OF THE EXISTFNG4CONTRACTS OF CORPUS CHRISTI,'AND•PROVIDE THE ANTICIPATED REQUIREMENTS OF ALICE; AND s v - - WHEREAS, CORPUS CHRISTI IS DESIROUS OF SELLING SAID WATER TO ALICE i FOR THE�BENEF.IT OF CORPUS CHRISTI, ALICE, AND THE NUECES RIVER AREA; AND WHEREAS, PRIOR TO THE EXECUTION OF THIS CONTRACT AN ELECTION HAS A BEEN HELD IN THE CIT.Y`OF,ALICE, TEXAS, ON THE DAY OF c• 1962, PURSUANT TO•ARTICLE 1109(E) VERNON'S TEXAS STATUTES, UNDER WHICH THAT + CITY IS AUTHORIZED TO MAKE A LONGTIME WATER SUPPLY CONTRACT WITH ALICE, WHICH WILL�BE THE PRINCIPAL MARKET FOR THE WATER PURCHASED BY ALICE, HEREUNDER; vp 'NOW, THEREFORE, THIS CONTRACT (HEREINAFTER CALLED THE "CONTRACT "), THIS DAY MADE AND ENTERED INTO 6,f•AN6 BETWEEN CORPUS CHRISTI, ACTING HEREIN BY ` AND THROUGH ITS DULY AUTHORIZED OFFICERS, PURSUANT TO AN ELECTION HELD IN l• _ a � ` 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 UNTREATED WATER, AND THE MUTUAL COVENANTS AND AGREEMENTS OF THE PARTIES HEREIN CONTAINED, IT IS y • AGREED AS FOLLOWS: 5> 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 "FACJLITIES") 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 r 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 t THAT PARTICULAR STAGE. APPROVAL BY CORPUS CHRISTI SHALL RELATE SOLELY TO THOSE MATTERS WHICH MIGHT AFFECT: THE POTENTIAL RATE AND QUANTITY OF TAKING;iLAND OWNED BY CORPUS CHRISTI OR DISTRICT RESERVOIR POLLUTION; OR DEPENDABILITY AND SAFETY OF THE CORPUS CHRISTI WATER SUPPLY., z 2. POINT OF DIVERSION. THE POINT 0* DIVERSION SHALL BE EITHER LAKE CORPUS CHRISTI OR A LOCATION ON THE BANKS OF THE NUECES RIVER r BETWEEN LAKE CORPUS CHRISTI AND CALALLEM. ALICE SHALL DETERMINE THE POINT OF DELIVERY, SUBJECT TO APPROVAL BY CORPUS CHRISTI OF THE- DIVERSION FACILITY PLANS AND LOCATION._ r 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 FAILUREy SHALL BE MADE ONLY AFTER PRIOR NOTICE TO•CORPUS CHRISTI. THE LENGTH OF TIME BETWEEN SUCH NOTICE AND P SUCH CHANGE IN RATE OF TAKING SHALL BE ACCORDING TO THE MANNER PRESCRIBED AND THE SCHEDULE ESTABLISHED BY CORPUS CHRISTI, BUT THE REQ61RED 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 OPON 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 A)JUST 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 OF 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 PORJECT COST TO ALL AGENCIES, MINIMIZE THE REQUIRED RELOCATION OF THE FACILITIES OF ALICE. R - 4 - I 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 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 OWNED 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. pp3 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. H. QUALITY CONSIDERATIONS - IT IS UNDERSTOOD AND AGREED THAT CORPUS CHRISTI SHALL USE REASONABLE DILIGENCE TO PREVENT -THE POLLUTION OR CONTAMINATION OF ANY OF THE WATER SUPPLY REFERRED TO HEREIN FROM ANY CAUSED INCLUDING THAT WHICH MIGHT RESULT FROM THE EXPLORATION FOR AND DEVELOPMENT OF OIL, GAS OR OTHER MINERALS. I -5° 1 . 9. MEASUREMENT - THE UNTREATED WATER DELIVERED UNDER THIS,CON- TRACT SHALL BE MEASURED BY A SUITABLE WATER METER OR METERS TO BE FURNISHED 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 F 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. IFS ON ANY TEST, THE METER TESTED SHALL BE FOUND TO BE INACCURATE BY AN AMOUNT EXCEEDING TWO PERCENT (P,% ), THEN ANY PREVIOUS READINGS OF SUCH METER SHALL BE 6 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 SO 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 -6- .� 0 readings shall be made available to Alice's representatives at all reasonable office hours. Any duplicate recorders providing; charts for Alice shall be purchased, maintained, and serviced.Ly 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 raw water rates for consumers, other than irrigation water consumers, outside of the Lower Nueces River Water Supply District, as cur- rently established or subsequently adjusted, which now are 5¢ per thousand gallons for all water used up to ten million gallons per month, and 4¢ 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 occurs first in the calendar year, and will be applicable at the begin- ning of the first billing cycle after the calculation date. The ccrpcnente 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 (b) An amount equivalent to Tax Subsidy, if any, provided by the property owners of the Lower Nueces River Water Supply District which is hereby defined to be based on the most recently completed calendar year,as reported by the annual -7- 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 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 tl•� 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 M 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 AGREEMENT 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 /3 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 CONTRACTABUT 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, REGARDLESS OF WHETHER OR NOT ANY WATER IS USED. IF THE PAYMENT DUE • CORPUS CHRISTI FROM ALICE FOR WATER WITHDRAWN 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 '� ..� A �� 'din ~ . ' ' ZiT �(' � �• ` OR CORPORATIONS WHICH ARE SONAFIDE 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 -10- 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 untreated 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 a 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 -11- (B) ALICE VOLUNTARILY JOhNS 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 t.= + NOT ELECT TO CARRY OUT THE PROVISIONS OF SUBSECTION (8) 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 CCONTRACT4 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 a .CORPUS CHRISTI AS ABOVE PROVIDED, THIS CONTRACT AND ALL OF ITS PROVISIONS SHALL BECOME MULL 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 TARING 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' 14h 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 TD 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. ZO. 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 WHEREEVER 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. -13 - 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 13 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 BINDINGS 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 RESOLUTIONS 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 ATTEST: BY CITY MANAGER CITY SECRETARY OF CORPUS CHRISTI -11+- 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: ALICE WATER AUTHORITY BY PRESIDENT LOWER NUECES RIVER WATER SUPPLY DISTRICT BY PRESIDENT ATTEST: SECRETARY LOWER NUECES RIVER WATER SUPPLY DISTRICT -15- s R OFFICIAL TALLY SPECIAL ELECTION i w. a ' CITY OF CORPUS CHRISTI TE7L -9 April 21, 1962 Re: 30 --year Contract with Alice Water Authority for Purchase of Raw Water GILIMAIm °S COURT ROOM 36, 7 43 WYNN SEALS JR. RICE SCHOOL ANNANNE 167 17 184 . LINIUA RECREATION BUILDING 311 19 330 i HAMLIN JUNIOR HICH SCHOOL 285 26 311 ' LOZANO SCHOOL 51 15 66 SCOUT HUT e 3750 HIGHWAY #9 132 14 146 FRASER EI• =GARY SCHOOL 160 17 177 ABSII BOX, V�i'EE 13 1 14 TOTALS 1155 116 1271 e t ` CORPUS CHRISTI, TEXA§ _L DAY OF 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 I COUNCIL; I, 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. 0 RESPECTFULLY, MAYOR Pro je@ THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE' BEN F. McDONALD TOM R. SWANTNER DR. JAMES L. BARNARD C4 9L7 JOSE R. DELEON M. P. MALDON ADO W. J. ROBERTS JAMES H. YOUNG THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: BEN F. MCDONALD TOM R. SWANTNER DR. JAMES L. BARNARD JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS ' JAMES H. YOUNG 1 1 y