HomeMy WebLinkAbout10415 ORD - 08/11/1971b -10 -71
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
WITH NUECES COUNTY FRESH WATER SUPPLY DISTRICT NO. 1
FOR THE MAINTENANCE AND OPERATION OF THE EXISTING
FACILITIES OF SAID WATER SUPPLY DISTRICT, FOR A TERM
OF FIVE YEARS, UNDER THE TERNS AND CONDITIONS SET
FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED
HERETO, MARKED EXHIBIT "A ", AND MADE A PART HEREOF;
AND DECLARING AN EMERGENCY.
WHEREAS, THE CITY OF CORPUS CHRISTI IS THE OWNER OF A 14ATER
DISTRIBUTION SYSTEM; AND
WHEREAS, A PORTION OF THE LAND AREA OF THE CITY LIES WITHIN
THE BOUNDARIES OF NUECES COUNTY FRESH WATER SUPPLY DISTRICT NO. 1, AND
A PORTION OF THE LAND AREA OF THE DISTRICT IS NOT WITHIN THE CITY LIMITS
OF THE CITY; AND
WHEREAS, THE CITY AND THE DISTRICT DESIRE TO ENTER INTO AN
AGREEMENT WHEREBY THE CITY WILL MAINTAIN AND OPERATE ALL OF THE EXISTING
FACILITIES OF THE DISTRICT AND THE FACILITIES ACQUIRED WITHIN THE DISTRICT'S
AREA IN THE FUTURE, AS A PART OF THE CITY WATER SYSTZM: I,
N '., Tiiuw v. �, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION I. THAT THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED
TO ENTER INTO A CONTRACT WITH THE NUECES COUNTY FRESH WATER SUPPLY DISTRICT
NO. 1 FOR THE MAINTENANCE AND OPERATION OF THE EXISTING FACILITIES OF THE
SAID WATER SUPPLY DISTRICT, FOR A TERM OF FIVE YEARS, UNDER THE TERMS AND
CONDITIONS SET FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO,
MARKED EXHIBIT "A ", AND MADE A PART HEREOF.
SECTION 2. THE NECESSITY TO ENTER INTO THE AFORESAID CONTRACT
AT THE EARLIEST PRACTICABLE DATE IN ORDER TO REDUCE TO WRITING THE AGREEMENT
AND UNDERSTANDING BETWEEN THE PARTIES HEREINABOVE SET FORTH 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 SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION
10415
OF THE CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE
OF ITS INTRODUCTION AIVD THAT SUCH ORDINANCE TAKE EFFECT AND BE IN FULL
FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED,
THIS THE IlVk DAY OF AUGUST, 1971.
ATTEST:
CIT SECRETAR MAYOR
THE CITY OF CORPU RISTI, TEXAS
APPROVED:
DAY OF AUG T, 1 1:
CIT ATTORNEY
I-111S. STATE or TEXAS
coin i'Y Op' umzus
WHEU,MS, the City of Corpun Chbinti (hnrainafter called
City'), a municipal corporation and body politic existing by virtue
of the 19140 of tha State of T"c a.o, is the crinar of a water distri-
bution systems and
WIRE EAS, a portion of the land area of City lies within
tho boundaries of Husces County ftcah 17ator .Supply District No.
.One .(hareina£ ter called .Dinbeict), and .a portion of the land area
of District is not within the city limits of City; and whereas,
City and District desire to enter into an agreement whereby City
will maintain and operate all of the existing facilities of Dia-
trict and the facilities acquired within District's area in the
iietaLre, as a part of the City 1 "titer Sys, =:
NOW, 91'NI3I EMYE, WITNESS ALL MEN HY THESE PI SENTS:
That for and in consideration of the premises, the mutual covo-
nants, the conditions and agreements herein stated, City and
District hereby agree with each other as follows:
1. City shall, on and after the effective date of
this contract, manage all existing facilities of District and
shall provide an adequate supply'of fresh, consumable seater to
all property in said District which is at the time of the execu-
tion of this contract being furnished fresh water by District.
City shall at its sole expense maintain and keep in proper re-
pair the facilities of District as well as all facilities to be
installed in the future as a part of the City Water Distribution
syotem.
2. City agrees to provide all customers of District,
effective with the date of the next billing cycle of City after
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the dat- of tMa contract, ufth vatnr conrica on tha bacia of
CiLY'D InCido City Limita publJohad into. Such rato ob-ill be
aPPlicablO for tha terns of this contract, but in no case longer
than fivo (5) years. Furthtarmorc, this rata is applicablo only
to prenont customers and ncu residential cu3tcalars within the
land area of District; and new industrial customara will be sub-
ject to rates comparable to those of other cuatomero of City of
Ulm use and location (I.C.L. or O.C.L.). A requested change in
meter Size On existing induatrial cu3tomers within the boundaries
of Discr3_ct %jill -ba treated the aarao an a mca-.7 -customer.
3. DisL-xict Bhall limit tbta exarciao of ito authority
during the term of this contract to Chose actions which District
dams necessary to cauna compliance with the apirit and tenor of
this agreement.
4. District shall continue in existance and tha Board
&f SuPOrvisors of DiaLrict: sb-qll. c!oni_*jnv7a to in n 2
oet as ofte aL
said Board deems necessary to carry out the terms of this con-
tract. District will give consideration to, and it will take
steps necessary to dissolve itself as a water supply district
when satisfied that City is properly and adequately serving the
area of District, and if so dissolved and the law permits all
assets of District which have not previously been delivered to
City will be assigned, transferred and conveyed to City.
5. City shall provide water service and bill and
collect for such service from the effective date of this con-
tract, and funds so collected shall be the property of City.
City shall collect on behalf of District any and all delinquent
water bills and bills for water delivered but unbilled, And
taxes which remain unpaid on the affective date of this con-
tract, and the amounts tharoof no collected shall become a part
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&Uaots to be used by City for i-Intar rvotem IA..
prove.mcnts.
6. All District &oacta (including, but net limited to,
the watCr tower, the let: or lots upon which the water tower and
Office of District arc located, all Met= and pipe and fittings
both in use and in sterage and tools and•equipment: for use in
connection therewith and office equipmont, end any building or
ah3d in which the same are located which belongs to District)
as reported by an audit to be contracted for by District as of
the effective date of .thin cantre.e.t, xihathcr,or not specifically
or in detail described or referrod to in said audit, shall be
turned Over to City for use within the District in providing and
improving the water supply system; SAVE AND EXCEPT as follEms:
Out of its cash funds on hand, District shall retain the amount
nec89s&—_' to pay all indebtedness known to be owed by it at the
elfeeLiva data of LUucontract, including. but not limited to,
indebtedness for sorvices, supplies and equipment as shown by .
bills or statements rendered or contracts previously made, and
including the bill of city for water purchased from City as shown
by the last meter readings on or prior to the effective date of
this contract, and in addition to retaining funds sufficient to
pay the indebtedness just referred to, District shall retain the
sum of Seven Thousand and Five liundred Dollars 7,500.00
for use in paying the fees of its Board Members for necessary
meetings or other work required by law, and for conducting elec-
tions which may be required during the term of this contract by
law or by the action of the Board of Supervisors, and for paying
for legal services, if any, which are not furnished by the City
as hereinafter provided, and for maintaining insurance coverage
not provided by City, and any other expenses which may be incurred
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by Dirtrict's 13oai d of Supeavirso;.-u in carrying out their duties
during tha term of this contract, including the cost of the audit
above referred to and any other audito which may thereafter be
required; and District shall r,•ateain the right to use its office
building and the chairs and deslw and similar furniture therein
for holding meetings and elections, and �h3 eu;cluanive right to
use the safe now located in said office for storing and preserv-
ing its records; and District shall retain poo,cession of the
minutcn of its meetings, a copy of this contract, and any other
contracts, accords of notices, duplicate vouchers and receipts,
and similar records in relation to its actions heretofore and
actions by it as distinguished from matters to be handled by
City under the provisions of this contract. City will provide
legal services to District Oxcept when said service shall con-
flict with than interest of the City, during the term of this
contract
7,. All employees of District- who have been so em-
ployed for more than one (1) year prior to the effective date
of this contract may become employees of City on the effective
date of this contract at an annual salary not less than that
received by the most recent twelve (12) months of employment
with the District. All such classified positions thereof shall
be subject to the provisions of Civil Service in accordance with
state law, the City Charter, ordinances,and rules and regulations
of the Civil Service Board.
8. District shall make available and deliver to City
on the effective date of this contract all of its customer records,
maps and other data and information necessary for City to fulfill
the obligations of this contract, and City agrees to preserve and
update such records as are necessary to fulfill the terms of this
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contract, keeping accurate books and records in accordance with
recognized accounting practices. District shall be entitled to a
copy of District's records upon request to City.
9. City agrees.to continue operation of the District
Utility Office on a trial basis for ninety (90) days from the effect-
ive date of this contract. If said operation is not satisfactory to
City, City will consolidate activities and contract with a local mer-
chant to maintain a collection office in the Clarkwood area.
10. City does not assume any liability, claim, damage or
injury prior to the effective date of this contract.
11. This contract is to ruin in effect for five (5)
years from the effective date of this agreement, or to the effective
date of the dissolution of District, whichever occurs first. If
either party desires to re- negotiate the terms of this contract at
its expiration, written notice must then be given at least six (6)
months before termination date. If no notice is given, the obliga-
tions imposed hereunder upon City will continue indefinitely on terms
and rates as published by the City from time to time. If District
desires not to re- negotiate and gives such notice, City will return
to District all District assets, including funds not expended to
improve the District Utility System according to final audit, and
physical assets then remaining.
Each of the parties hereto executes this agreement by its
duly authorized officers.
This agreement is executed in duplicate, each of which will
be considered an original for all purposes and shall become effective
from and after the execution thereof, this the day of August,
1971.
CITY OF CORPUS CHRISTI
ATTEST:
City Secretary
By
City Manager
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APPROVED:
Director of Finance
ATTEST:
S®cr®tary
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tAP77"'w-77,�e L FORM:
City ,torn ®y
i
NUECES COUNTY FRESH WATER SUPPLY
DISTRICT NUMER ONE
By
Procident
CORPUS CHRIST 12 /TEXAS
114 DAY OF `�Y� -- �� 19_
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING
ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN-
SION 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; 1, THEREFORE,
REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI-
NANCE FINALLY ON THE DATE IT 15 INTRODUCED, OR AT THE PRESENT MEETING OF THE
CITY COUNCIL.
RESPECTFULLY,
MAYOR
THE CITY OF CORPUS RPTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWIIffffNG���� ����V����OTE����:
BONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GAGE LOZANO, SR.
J. HOWARD STARK
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWIN VOTE:
BONNIE SI ZEMORE
CHARLES A. BONNIWELL /
ROBERTO BOSQUEZ
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK