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HomeMy WebLinkAbout07356 ORD - 09/16/1964r-• 114S:JKH:9-16-64 R • r a rt a • AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF ODRPUS CHRISTI, TO EXECUTE • CONTRACTS FOR IRRIGATION WATER USING THE ESTABLISHED RATES FOR SUCH WATER SERVICE; AND DECLARING AN EMERGENCY. + WHEREAS, APPLICATIONS ARE MADE FROM TIME TO TIME FOR THE RIGHT TO TAKE WATER FROM THE NUECES RIVER FOR THE IRRIGATION OF LANDS; AND WHEREAS, A RATE HAS BEEN ESTABLISHED FOR THE SALE OF WATER FOR R a IRRIGATION WATER PURPOSES WHEN THE SAME IS AVAILABLE; AND WHEREAS, A FORM FOR CONTRACT FOR THE SALE OF SUCH IRRIGATION WATER HAS BEEN SUBMITTED TO THE TEXAS WATER COMMISSION AND THE LOWER t .. r 4 .� NUECES'RIVER WATER SUPPLY DISTRICT FOR THEIR APPROVAL, AND IT IS DESIR— k ABLE,TO ESTABLISH SUCH FORM FOR USE IN MAKING SUCH IRRIGATION WATER SUPPLY CONTRACTS: M NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION I. THERE 15 HEREBY ESTABLISHED A FORM FOR THE SUPPLY OF IRRIGATION WATER WHEN AVAILABLE TO PERSONS DESIRING THE SAME FOR IRRIGA- TION PURPOSES, A COPY OF WHICH FORM IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE SUCH CONTRACTS ON THE FORM HEREBY ADOPTED ON THE RECOMMENDATION OF THE SUPERINTENDENT OF WATER DIVISION OF THE DEPARTMENT OF PUBLIC UTILITIES +'' a OF THE CITY, SAID CONTRACT TO BE MADE IN QUADRUPLICATE, ONE COPY OF WHICH a ' f A ✓ / I,. SHALL BE DELIVERED TO THE CONSUMER, ONE COPY FORWARDED TO THE LOWER NUECES RIVER WATER SUPPLY DISTRICT, AND ONE COPY TO BE FORWARDED TO THE TEXAS /WATER ' COMMISSION FOR THEIR FILE, AND ONE COPY TO BE RETAINED BY THE CITY FOR ITS FILES. SECTION 3. THE NECESSITY FOR IMMEDIATELY MAKING AVAILABLE IRRI- GATION WATER CONTRACT FORM CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE r t 7356 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, 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 AFT T SSAGE, IT IS ACCORDINGLY SO ORDAINED THIS THE _DAY OF, , 1964. ATTEST: MAYOR THE CITY OF CORPUS CHRISTI, TEXAS CI SECRET RY APPROVED AS TO LEqAL FORM THIS j/ DAY OF , 1964: CITY ATTORNE t THE STATE OF TEXAS COUNTY OF NUECES j THIS CONTRACT AND AGREEMENT THIS DAY MADE AND ENTERED INTO BY AND BETWEEN THE CITY OF CORPUS CHRISTI, HEREAFTER CALLED "CITY ", AND HEREAFTER CALLED "CUSTOMER", FOR THE TAKING OF WATER FROM THE NUECES RIVER FOR THE PURPOSE OF IRRIGATING A TRACT OF LAND SITUATED IN 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. I IV WATER WITHDRAWN SHALL BE USED ONLY FOR IRRIGATION PURPOSES AND THEN ONLY FOR THE PURPOSE OF IRRIGATING APPROXIMATELY ACRES OF LAND LOCATED IN - COUNTY, TEXAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: 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 1. 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 BE EFFECTIVE FROM YEAR TO YEAR BUT IN NO EVENT SHALL THE TERM OF THIS CONTRACT • BE EXTENDED BEYOND FIVE 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 RECE,I PT 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 $.02 -1/4 PER 1000 GALLONS OF WATER. VIII THE CITY AGREES TO FURNISH WATER AS REQUESTED BY CUSTOMER IF A SURPLUS OF MATER 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 -2- 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 IS HEREBY MADE BY THE CITY OF CORPUS CHRISTI OF 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 PREMISES OF THE CUSTOMER AT ALL TIMES AS WELL AS THE RIGHT TO EXAMINE ALL PUMPS AND EQUIPMENT OF THE CUSTOMER. X11 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. xlll 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 WHEREOF, THE PARTIES HERETO HAVE CAUSED THESE PRESENTS TO BE DULY EXECUTED IN TRIPLICATE, THIS THE DAY OF 196_. CITY OF CORPUS CHRISTI ATTEST: BY CITY SECRETARY HERBERT W. WHITNEY CITY MANAGER APPROVED AS TO LEGAL FORM THIS DAY OF , 1964: "CITY" CITY ATTORNEY "CUSTOMER" E CORPUS CHRISTI, TEXAS ADAY 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 COUNCIL; I, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO- DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. Y w RESPECTFULLY, r J eMA OR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JAMES L. BARNARD ,JAMES H. YOUNG JACK R. BLACKMON JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS W. H. WALLACE, JR. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLO NG'VOTE: JAMES L. BARNARD Cc.0 JAMES H. YOUNG JACK R. BLACKMON rl JOSE R. DELEON 6(. \ M. P. MALDONADO .r, W. J. ROBERTS (.'L-t W. H. WALLACE, JR.