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HomeMy WebLinkAbout08093 ORD - 07/13/1966IMS:JKH:7 -12 -66 TEXAS: AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A WATER CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AUD IUE VIOLET WATER SUPPLY CORPORATION, A NON- PROFIT CORPORATION ORGANIZED UNDER THE LAWS OF THE STATE OF TEXAS, FOR THE MP Y`0_F. WATER TO AN AREA AT VIOLET, TEXAS, A COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. THAT THE CITY MANAGER,BE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED TO EXECUTE, FOR AND ON,BEHALF OF THE CITY OF CORPUS CHRISTI, A WATER CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND THE VIOLET WATER SUPPLY CORPORATION, A NON- PROFIT CORPORATION ORGANIZED UNDER THE LAWS OF THE STATE OF TEXAS, FOR THE SUPPLY OF WATER TO AN AREA AT VIOLET, TEXAS, A COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY TO AUTHORIZE IMMEDIATE EXECUTION OF THE AFORESAID WATER CONTRACT IN ORDER THAT THE CITY MAY SUPPLY THE RESIDENTS OF THE VIOLET, TEXAS, AREA WITH AN ADEQUATE WATER SUPPLY 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, 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 PASSAGE, IT IS ACCORDINGLY T SO ORDAINED, THIS THE /3 AY OF JULY, 1966. ')�� CITY SECRETARY Y +' / o.�L/"��C. /V/ M 1(OR APPROVED AS TO LEGAL-FORM THIS THE CITY OF CORPUS CHRISTI, TEXAS DAY OF JULY, 1966: CITY ATTORN Y im WATER CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND VIOLET WATER SUPPLY CORPORATION THE STATE OF TEXAS Z COUNTY OF NUECES WHEREAS, THE VIOLET WATER SUPPLY CORPORATION (HEREINAFTER CALLED "CORPORATION"), A CORPORATION, HAS BEEN ORGANIZED AND ESTABLISHED UNDER THE PRO /VISIONS OF ARTICLE 1434A, V.A.T.S., FOR THE PURPOSE OF CONSTRUCTING AND OPERATING A WATER SUPPLY DISTRIBUTION SYSTEM SERVING WATER USERS WITHIN THE AREA DESCRIBED IN PLANS NOW ON FILE IN THE OFFICE OF THE CORPORATION AND THE CITY OF CORPUS CHRISTI, WHICH AREA IS OUTSIDE OF BUT ADJACENT TO THE CITY OF CORPUS CHRISTI. TO ACCOMPLISH THIS PURPOSES THE CORPORATION WILL REQUIRE A SUPPLY OF TREATED WATER FROM CORPUS CHRISTI'S WATER.TRANSMISSION MAINS. THE TERM "DISTRICT" AS HERE- ~ INAFTER USED MEANS LOWER NUECES RIVER WATER SUPPLY DISTRICT; AND - - WHEREAS, CORPUS CHRISTI HAS DETERMINED THAT AT THIS TIME SUFFICIENT WATER IS AVAILABLE 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 THE CORPORATION: W I T N E S S E T H IN CONSIDERATION OF THE PREMISES AND THE SUM OF TEN DOLLARS ($70.00) CASH IN HAND PAID TO THE CITY OF CORPUS CHRISTI (HEREINAFTER CALLED "CITY"), BY THE CORPORATION, THE BENEFITS ARISING TO BOTH CITY AND THE CORPORATION THROUGH THE SALE OF TREATED WATERS AND THE MUTUAL COVENANTS AND AGREEMENTS OF THE PARTIES HEREIN CONTAINED IT IS AGREED AS FOLLOWS; SECTION 1. QUALITY AND QUANTITY - CITY AGREES TO SELL THE CORPORATIONS AT THE POINT OF DELIVERY HEREINAFTER SPECIFIED, DURING THE TERM OF THIS CONTRACT OR ANY RENEWAL OR EXTENSION THEREOF POTABLE TREATED WATER MEETING APPLICABLE PURITY STANDARDS OF THE STATE BOARD OF HEALTH IN SUCH QUANTITY AS MAY BE REQUIRED BY THE CORPORATION BUT LIMITED TO TWO (2) MILLION GALLONS PER MONTH. SECTION 2. POINT OF DELIVERY - DELIVERY SHALL BE MADE AT THE OUTLET SIDE OF THE CITY METER LOCATED ON STATE FARM ROAD NO.'Rh, AT OR NEAR THE POINT OF INTERSECTION WITH THE PRESENT CITY LIMITS LINE OF THE CITY. MINIMUM PRESSURE WILL BE AT OR NEAR 50 PSI AT THE POINT OF DELIVERY. SECTION 3. MEASUREMENT OF WATER - THE TREATED WATER DELIVERED UNDER THE CONTRACT SHALL BE MEASURED BY A SUITABLE WATER METER OR METERS TO BE FURNISHED, INSTALLED AND MAINTAINED BY CITY AT THE PLACE OF DELIVERY. CITY SHALL HAVE THE RIGHT TO SPECIFY THE TYPE OF METER OR METERS TO BE USED p 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 CITY AND CITY SHALL NOTIFY THE CORPORATION IN WRITING TEN (10) DAYS IN ADVANCE OF ALL SEMI - ANNUAL CHECKS AND TESTS IN ORDER THAT THE CORPORATION MAY HAVE A REPRESENTATIVE PRESENT AS A WITNESS. SEMI- ANNUAL TESTS AS TO THE ACCU- RACY OF THE METER OR METERS SHALL BE AT CORPUS CHRISTI'S EXPENSE. IF EITHER CITY OR THE CORPORATION, AT ANY TIMES SHALL NOTIFY THE OTHER THAT IT DESIRES A SPECIAL TEST OF ANY METERS THE PARTIES SHALL COOPERATE IN , ARRANGING FOR A SPECIAL TEST TO BE MADE BY CITY. THE EXPENSE OF THE SPECIAL TEST OF THE METER OR METERS SHALL BE PAID BY THE PARTY REQUESTING SUCH TEST. IF, ON ANY TESTS THE METER TESTED SHALL BE FOUND TO BE INACCU- RATE 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 REASONS THE METER OR METERS ARE OUT'OF SERVICE SO THAT THE VOLUME OF WATER DELIVERED HEREUNDER CANNOT BE ASCER- TAINED OR COMPUTED FROM METER READINGS THEREOFop THE WATER DELIVERED DURING THE PERIOD SUCH METER OR METERS ARE OUT OF SERVICE SHALL BE ESTI- MATED AND AGREED UPON BY THE PARTIES HERETO UPON THE BASIS OF THE BEST DATA AVAILABLE. CITY 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 THE CORPORATION. ALL SUCH INTEGRATOR READINGS ' SHALL BE MADE AVAILABLE TO THE CORPORATIONS REPRESENTATIVES AT ALL REASONABLE OFFICE HOURS. ANY DUPLICATE METERS OR RECORDERS PROVIDING INFORMATION FOR THE CORPORATION SHALL BE PURCHASED, MAINTAINED AND SERVICED BY AND AT THE EXPENSE OF THE CORPORATION. SECTION 4. CONNECTION FEE — CITY WILL CONSTRUCT THE TAP AND INSTALL THE METER OR METERS UPON PAYMENT OF THE FULL COST OF THE TAP -3- AND METERING EQUIPMENT AND UPON APPLICATION FOR SERVICE BY A REPRESENTATIVE OF THE CORPORATION. SECTION 5. PRICE - THE PRICE TO BE CHARGED FOR TREATED WATER SOLD BY CORPUS CHRISTI TO THE CORPORATION SHALL BE THE REGULAR ESTABLISHED OUTSIDE CITY LIMIT RATE `(OCL) AT THE TIME OF TAKING, FOR OUTSIDE CITY LIMITS CUSTOMERS OF SIMILAR LOCATION AND DEMAND REQUIREMENTS. SECTION 6. FIXED MINIMUM OBLIGATION - THE CORPORATION IS NOT OBLIGATED TO PURCHASE ANY MINIMUM AMOUNT OF WATER IN ANY BILLING MONTH DURING THE PERIOD OF THIS CONTRACT BUT THE CORPORATION SHALL PAY CITY, BEGINNING AT THE CLOSE OF THE FIRST BILLING CYCLE FOLLOWING THE MONTH ' IN WHICH WATER IS FIRST TAKEN BY THE CORPORATION FOR USE IN ITS DISTRI- BUTION SYSTEMS THE MINIMUM SUM OF $25 PER MONTH, REGARDLESS OF WHETHER OR. NOT ANY WATER IS USED. IF THE PAYMENT DUE CITY FROM THE CORPORATION FOR WATER WITHDRAWN DURING THE BILLING PERIOD UNDER CONSIDERATION EXCEEDS $25, 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 $25, THEN $25 SHALL BE THE AMOUNT DUE. THIS MINIMUM AMOUNT IS INTENDED TO COVER THE COSTS OF METER READINGS, TESTING, BILLING, AND OTHER COSTS WHICH WILL CONTINUE WHETHER OR NOT ANY WATER IS WITHDRAWN BY THE CORPORATION. , SECTION 7. RESTRICTIONS ON RESALE - IT IS UNDERSTOOD THAT THE CORPORATION CONTEMPLATES SELLING TREATED WATER TO CONSUMER CUSTOMERS LOCATED IN THE AREA SERVED BY THE DISTRICT. SPECIFIC WRITTEN APPROVAL - BY CITY WILL BE REQUIRED BEFORE THE CORPORATION RESELLS TREATED WATER TO: (A) A MUNICIPALITY OR ANY TYPE OF WATER DISTRICT OR AUTHORITY WHICH DESIRES TO RESELL TO OTHERS. -4- (B) ANY PRIVATE ORGANIZATION, NOT NOW BEING SERVED, DESIRING TO RESELL TO OTHERS. (C) ANY SUBDIVISION PLATTED AFTER OCTOBER 19, 1962, AND/OR PLATTED PRIOR TO OCTOBER 19, 1962, BUT NOT INCLUDED IN THE INITIAL WATER LINE CONSTRUCTION PROGRAM UNTIL THE PLAT OF SUCH SUBDIVISION HAS BEEN APPROVED BY THE ZONING AND PLANNING COMMISSION OF CORPUS CHRISTI AND THE DEVELOPER OF THE SUBDIVISION HAS INSTALLED THE SUBDIVISION IMPROVE- MENTS TO THE STANDARDS SET FORTH IN THE PLATTING ORDINANCE OF THE CITY. THE CORPORATION AGREES TO BIND ALL OF ITS CUSTOMERS TO THE EFFECT THAT THE STIPULATION CONTAINED IN THIS CONTRACT, NOT TO RESELL WATER, SHALL BE BIND- ' ING 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 CUSTOMER OF WATER WITHIN THE CITY LIMITS OF CORPUS CHRISTI THAT COINCIDE WITH SUCH RESTRICTIONS OR LIMITATIONS WITHIN • CORPUS CHRISTI; THE CORPORATION WILL LIMIT AND RESTRICT ALL-OF ITS CUSTOMERS TO THE SAME EXTENT. SECTION S. BILLING - ALL WATER TAKEN IN ANY ONE CALENDAR MONTH SHALL BE BILLED BETWEEN THE 1ST AND 1OTH OF THE NEXT SUCCEEDING CALENDAR MONTH AND PAYMENT SHALL BE MADE AT THE UTILITY OFFICE OF THE DEPARTMENT OF PUBLIC UTILITIES OF THE CITY OF CORPUS CHRISTI, IN THE CITY OF CORPUS f CHRISTI, TEXAS, WITHIN TEN (10) DAYS OF THE RECEIPT OF SUCH BILL. SECTION 9. WATER RIGHTS - IT IS MUTUALLY AGREED AND UNDERSTOOD ••- • ••THAT THIS CONTRACT IS SUBJECT TO CITY OBTAINING ANY NECESSARY PERMISSION FROM THE TEXAS WATER RIGHTS COMMISSION OR OTHER REGULATORY AUTHORITY OVER SUCH MATTERS TO SELL WATER TO THE CORPORATION AND THE CORPORATION AGREES TO SUP- PORT ANY FUTURE CORPUS CHRISTI REQUESTS TO THE TEXAS WATER RIGHTS COMMISSION FOR SAID PERMIT. -5- SHOULD IT DEVELOP THAT THE CORPORATION REQUIRES A PERMIT TO DISTRI- BUTE THE WATER SOLD TO THE CORPORATION BY CITY HEREUNDER, CITY AGREES TO SUPPORT APPLICATION BY THE CORPORATION TO THE TEXAS WATER RIGHTS COMMISSION FOR SUCH A PERMIT. SECTION 10. CITY RIGHT TO SELL - CITY RETAINS THE RIGHT TO SELL TREATED WATER AT POINTS AND TO CUSTOMERS THAT ARE LOCATED EITHER WITHIN OR OUTSIDE OF THE BOUNDARIES OF THE CORPORATION. SECTION 11. RELATIVE PRIORITY OF INDUSTRIAL USERS - IT IS UNDER-_ STOOD 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 THE CORPORATION WHICH MAY BE DIRECTLY OR IN- DIRECTLY SUPPLIED THROUGH THE LINES AND DISTRIBUTION SYSTEM OF THE CORPO- RATION SHALL BE SUBJECT TO AND BOUND BY THE SAME PROVISIONS REGARDING PRIORITY OF USERS OF WATER AS ARE INDUSTRIAL USERS OUTSIDE OF CITY AND/OR DISTRICT WHICH ARE NOW OR MAY BECOME USERS OF WATER DIRECTLY FROM CITY AND THAT ALL EXISTING INDUSTRIAL CUSTOMERS OF CITY HAVE PRIORITY OVER EXISTING AND FUTURE INDUSTRIAL CUSTOMERS OF THE CORPORATION. SECTION 12. STORAGE AND PUMPING REQUIREMENTS - THE CORPORATION SHALL CONSTRUCT AND MAINTAIN GROUND OR OVERHEAD WATER STORAGE FACILITIES OR ,A COMBINATION OF BOTH IN AMOUNTS EQUAL TO ONE DAYS SUPPLY BASED ON A REASONABLE ESTIMATE OF THE HIGHEST DAILY USE OF THE WATER CUSTOMERS OF THE CORPORATION. PUMPS DIRECTLY CONNECTED TO THE WATER LINES OF THE CORPORATION OR CITY'S SUPPLY MAIN ARE PROHIBITED. THE DISTRIBUTION PIPING CONSTRUCTION -6- AND OPERATION DOWNSTREAM FROM THE CITY METER SERVING THE CORPORATION SHALL MEET THE REQUIREMENTS OF THE CITY WATER SUPERINTENDENTS THE TEXAS STATE DEPARTMENT OF HEALTH AND THE FARMERS HOME ADMINISTRATION OF THE UNITED STATES DEPARTMENT OF AGRICULTURE. THE CORPORATION FURTHER AGREES THAT CITY SHALL HAVE THE RIGHT TO INSPECT-SAID SYSTEM AT ANY AND ALL TIMES, AND IF THE SYSTEM OR ANY PORTION THEREOF DOES NOT MEET THE MINIMUM STANDARDS SET BY THE CITY, THE CORPORATION SHALL CAUSE SAID SYSTEM OR ANY PORTION THEREOF TO BE BROUGHT UP TO STANDARDS REQUIRED BY CITY. SECTION 13. FIXED MINIMUM OBLIGATIONS - THE CORPORATION IS OBLI- GATED AND HEREBY AGREES TO PURCHASE ALL OF ITS WATER FROM CITY. SECTION 14. ACQUISITION OF FACILITIES - IN THE EVENT THE CITY SHALL ANNEX ANY AREA IN WHICH THE EQUIPMENT, FACILITIES'OR EASEMENTS OF THE CORPORA- TION ARE LOCATED, IT IS HEREBY AGREED AS FOLLOWS: (A) THE OWNERSHIP AND/OR TITLE TO SUCH EQUIPMENTS FACILITIES OR EASEMENTS SHALL REMAIN IN THE CORPORATION SUBJECT TO THE RIGHTS AND LIENS OF ANY CREDITOR OF THE CORPORATION. (B) AT SUCH TIME AS THE INDEBTEDNESS TO FARMERIS•HOME ADMINISTRATION, SECURED BY LIENS ON THE PROPERTY OF THE CORPORATION HAS BEEN RETIRED, TITLE AND OWNERSHIP OF ANY PORTION OF THE EQUIPMENTS FACILITIES OR EASE - MENTS LOCATED WITHIN THE ANNEXED AREA SHALL VEST IN THE CITY. SECTION 15. TERM OF CONTRACT - WHEN THIS CONTRACT SHALL HAVE BEEN APPROVED BY CORPORATION, THE OBLIGATIONS OF THE PARTIES HERETO SHALL BE BINDING AND SHALL EXTEND FROM THE DATE OF FIRST TAKING OF WATER, WHICH DATE SHALL BE NOT LONGER THAN ONE (1) YEAR FROM THE DATE HEREOF AND THEN EXTENDING FOR A -7- PERIOD OF FIVE (5) YEARS, SUBJECT TO THE TERMINATION PROVISIONS HEREIN CON- TAINED. UPON THE EXPIRATION OF THE INITIAL TERM OF FIVE YEARS THIS CONTRACT SHALL BE AUTOMATICALLY RENEWED FOR SUCCESSIVE TERMS OF FIVE YEARS EACH, UNLESS SOONER TERMINATED BY THE PARTIES IN ACCORDANCE WITH THE TERMS OF THIS CONTRACT. SECTION 16. RIGHT TO TERMINATE CONTRACT - IF CORPORATIONS NEED FOR WATER FROM CITY SHOULD CEASE FOR A PERIOD OF AT LEAST 30 DAYS, THEN IN SUCH EVENT, CORPORATION MAY, BY GIVING 30 DAYS WRITTEN NOTICE TO CITY BY REGIS- TERED MAIL CANCEL AND TERMINATE THIS CONTRACT IN ITS ENTIRETY. IF CORPORATION SHOULD ELECT TO GIVE AND ACTUALLY GIVES CITY SAID WRITTEN NOTICES THEN AFTER THE EXPIRATION OF 30 DAYS FROM THE DATE SAID NOTICE IS MAILED TO CITY AS ABOVE PROVIDED THIS CONTRACT AND ALL OF ITS PROVISIONS SHALL BECOME NULL AND VOID. SECTION 17. FORCE MAJEURE - IF CITY 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, THE OBLIGATIONS OF CITY TO DELIVER WATER TO CORPORATION, AS HEREINABOVE PROVIDED, SHALL BE TEMPORARILY SUSPENDED DURING CONTINUATION OF SUCH FORCE MAJEURE. NO DAMAGE SHALL BE RE- COVERABLE BY CORPORATION OR ITS CUSTOMERS FROM CITY BY REASON OF THE TEMPORARY SUSPENSION OF DELIVERIES OF WATER DUE TO ANY OF THE CAUSES ABOVE MENTIONED. IF CITY'S OBLIGATION SHOULD BE AFFECTED BY ANY SUCH CAUSES, CITY SHALL PROMPTLY NOTIFY CORPORATION IN WRITING, GIVING FULL PARTICULARS OF SUCH FORCE MAJEURE AS SOON AS POSSIBLE AFTER THE OCCURRENCE OF THE CAUSE OR CAUSES RELIED UPON. In SECTION 18. ASSIGNABILITY - THIS CONTRACT MAY BE ASSIGNED BY CORPORATION ONLY WITH THE WRITTEN PRIOR CONSENT OF THE GOVERNING BODY OF CITY BUT IF ASSIGNED, THIS CONTRACT WILL BE BINDING UPON PARTIES HERETO AS WELL AS THEIR SUCCESSORS AND ASSIGNS. BUT THIS CONTRACT MAY BE ASSIGNED TO THE UNITED STATES OF AMERICA AS SECURITY FOR A LOAN OR LOANS MADE TO THE CORPORATION BY THE UNITED STATES OF AMERICA THROUGH THE-FARMERS HOME ADMINISTRATION. SECTION 19. 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. SECTION 20. CONTRACT SUBJECT TO APPROVAL OF FARMERS HOME ADMINISTRATION - THAT THE CONSTRUCTION OF THE WATER SUPPLY DISTRIBUTION SYSTEM BY THE CORPORATION IS BEING FINANCED BY A LOAN FROM (OR A LOAN INSURED BY) THE UNITED STATES OF AMERICA, ACTING THROUGH THE FARMERS HOME ADMINISTRATION OF THE UNITED STATES DEPARTMENT OF AGRICULTURE, AND THE PROVISIONS HEREOF PERTAINING TO THE UNDERTAKINGS OF THE CORPORATION ARE CONDITIONED UPON THE APPROVALS IN WRITING, OF THE STATE DIRECTOR OF TEXAS, OF THE FARMERS HOME ADMINISTRATION. SIMILARLY, ANY MODIFICATION OF THE PROVISIONS OF THIS CONTRACT SHALL BE CONDITIONED UPON THE PRIOR APPROVALS IN WRITINGS OF THE STATE DIRECTOR OF TEXAS, OF THE FARMERS HOME ADMINISTRATION. SECTION 21. ALL AGREEMENTS CONTAINED IN THIS WRITTEN INSTRUMENT - IT IS AGREED BY THE PARTIES HERETO THAT THIS INSTRUMENT CONTAINS IN WRITING -9- 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 INSTRU- MENT TO BE EXECUTED IN SEVERAL COUNTERPARTS, EACH COPY OF WHICH SO EXECUTED SHALL BE CONSIDERED AS AN ORIGINAL, BY THEIR RESPECTIVE DULY AUTHORIZED REPRESENTATIVES, THIS THE DAY OF 1966. ATTEST: CITY SECRETARY APPROVED AS TO LEGAL FORM THIS DAY OF ,1966: ATTEST: CITY OF CORPUS CHRISTI BY HERBERT W. WHITNEY, CITY MANAGER VIOLET WATER SUPPLY CORPORATION BY SECRETARY PRESIDENT THIS CONTRACT IS APPROVED ON BEHALF OF THE FARMERS HOME ADMINISTRATION THIS DAY OF , 1966. STATE DIRECTOR OF THE FARMERS HOME ADMINISTRATION, UNITED STATES DEPARTMENT OF AGRICULTURE CORPUS CHRISTI, TEXAS //V DAY TO THE MEMBERS OF THE CITY COUNCIL --'7' 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. RESPECTFULLY, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: DR. MCIVER FURMAN JACK BLACKMON PATRICK J. DUNNE DR. P. JIMENEZ, JR. KEN MCDANIEL RONNIE 31ZEMORE n WM. H. WALLACE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: DR. MCIVER FURMAN JACK BLACKMON PATRICK J. DUNNE DR. P. JIMENEZ, JR. tF KEN MCDANIEL RONNIE SIZEMORE WM. H. WALLACE