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HomeMy WebLinkAbout10709 ORD - 02/16/19722- ;6- 72:jkh TEXAS: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A FIVE -YEAR WATER CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND VIOLET WATER SUPPLY CORPORATION, AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH, MARKED EXHIBIT "A ", 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 to enter into a five -year water contract between the City of Corpus Christi and the Violet Water Supply Corporation, under the terms and conditions set forth in the contract, a copy of which, marked Exhibit "A ", is attached hereto and made a part hereof. SECTION 2. The necessity to immediately authorize the execution of the aforesaid contract in order that the terms and understanding between the parties to said contract may be reduced to writing 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 sucti 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 sus- pension of said Charter rule and that this ordinance be passed finally on the date of its introduction and that such ordinance take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the /4 Yt-, day of February, 1972. ATTEST: . 67_e� ALI J City Secrets APP OVED: _DAY OF FEBRUARY, 1972: &.XC Attorney MAYOR 724VO THE CITY OF CORPUS CHRISTI, TEXAS 10 709 2/14/72 MC WATER CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND VIOLET WATER SUPPLY CORPORATION THE STATE OF TEXAS COUNTY OF NUECES WHEREAS, THE VIOLET WATER SUPPLY CORPORATION (HEREINAFTER CALLED "CORPORATION"), A CORPORATION, HAS BEEN ORGANIZED AND ESTABLISHED UNDER THE PROVISIONS 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 aDESCRd BED IN -PLANS NOW- .ONCF.I,LE :IN THE.OFFICE -OF THE �CORPORAT ION AND THE CITY OF CORPUS CHRISTI, A MUNICIPAL CORPORATION AND BODY POLITIC EXISTING BY VIRTUE OF THE LAWS OF THE STATE OF TEXAS (HEREINAFTER CALLED "CITY "), WHICH AREA IS OUTSIDE OF BUT ADJACENT TO THE CITY OF CORPUS CHRISTI; AND WHEREAS, TO ACCOMPLISH THIS PURPOSE, THE CORPORATION WILL REQUIRE A SUPPLY OF TREATED WATER FROM CORPUS CHRISTI'S WATER TRANSMISSION MAINS; 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 ($10.00) CASH IN HAND PAID TO THE CITY BY THE CORPORATION, THE BENEFITS ARISING TO BOTH CITY AND THE CORPORATION THROUGH THE SALE OF TREATED WATER, AND THE MUTUAL COVE- NANTS AND AGREEMENTS OF THE PARTIES HEREIN CONTAINED, IT IS AGREED AS FOLLOWS: SECTION 1. QUALITY AND QUANTITY — CITY AGREES TO SELL THE CORPORATION, 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. 24, 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. Xis, ` ", 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 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 ACCURACY OF THE METER OR METERS SHALL BE AT CORPUS CHRISTI'S EXPENSE. IF EITHER CITY OR THE CORPORATIONS AT ANY TIMES 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 CITY. 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. IFS FOR ANY REASON, THE METER OR METERS ARE OUT OF SERVICE SO THAT THE VOLUME OF WATER DELIVERED HERE- UNDER 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. 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 - NOT REQUIRED IN CONTRACT RENEWAL. 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 TAKINGS FOR OUTSIDE CITY LIMITS CUSTOMERS OF SIMILAR LOCATION AND DEMAND REQUIREMENTS, AS DETERMINED BY CITY. -2- 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 DISTRIBUTION SYSTEM, 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 CON- SIDERATION EXCEEDS $25, THEN PAYMENT SHALL BE MADE FOR THE AMOUNT DUE, AT PRICE AS PRESCRIBED UNDER SECTION 5 HEREOF. IF THE PAYMENT WHICH WOULD BE DUE ON THE BASIS OF WATER WITHDRAWN IS LESS THAN $25, THEN THE SAID MINIMUM SUM OF $25 SHALL NEVERTHELESS 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 CORPORA- TION CONTEMPLATES SELLING TREATED WATER TO CONSUMER CUSTOMERS LOCATED IN THE AREA SERVED BY THE LOWER NUECES RIVER WATER SUPPLY DISTRICT. SPECIFIC WRITTEN APPROVAL BY CITY WILL BE REQUIRED BEFORE THE CORPORATION RESELLS TREATED WATER TO: (A) A MUNICIPALITY, POLITICAL SUBDIVISION, PUBLIC CORPORATION, SPECIAL LEGISLATIVE DISTRICT OR AUTHORITY, INCLUDING, BUT NOT LIMITED TO WATER SUPPLY DISTRICTS OR AUTHORITIES, WHICH DESIRES TO RESELL TO OTHERS. (B) ANY PRIVATE ORGANIZATION, NOT NOW BEING SERVED, DESIRING TO RESELL TO OTHERS. (C) ANY LOT IN ANY SUBDIVISION PLATTED PRIOR TO OCTOBER 19, 1962, BUT NOT INCLUDED IN THE INITIAL WATER LINE CONSTRUCTION PROGRAM OF CORPORATION. (D) ;ANY SUBDIVISION OR LOT IN ANY SUBDIVISION, WHETHER DESIGNED FOR SINGLE - FAMILY, MULTIPLE FAMILY, MOBILE HOME, COMMERCIAL, INDUSTRIAL, OR OTHER USES PLATTED AFTER OCTOBER 19, 1962 UNTIL THE PLAT OF SUCH SUBDIVISION HAS BEEN APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CORPUS CHRISTI AND THE DEVELOPER OF THE SUBDIVISION HAS INSTALLED THE SUBDIVISION IMPROVEMENTS 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 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 -3- 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 LOTH 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 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 SUPPORT ANY FUTURE CORPUS CHRISTI REQUESTS TO THE TEXAS WATER RIGHTS COMMISSION FOR SAID PERMIT. SHOULD IT DEVELOP THAT THE CORPORATION REQUIRES A PERMIT TO DISTRIBUTE THE WATER.SOLD TO THE CORPORATION BY CITY HEREUNDERI CITY AGREES TO SUPPORT APPLICA- TION 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 QR OUT- SIDE OF THE BOUNDARIES OF THE CORPORATION. SECTION 11. RELATIVE PRIORITY OF INDUSTRIAL USERS - IT IS UNDERSTOOD BY THE PARTIES HERETO THAT INDUSTRIES OUTSIDE OF CORPUS CHRISTI AND /OR THE LOWER NUECES RIVER WATER SUPPLY DISTRICT HAVE A LOWER WATER USE PRIORITY THAN INDUSTRIES INSIDE CORPUS CHRISTI AND /OR SAID DISTRICT. IT IS AGREED THAT ANY AND ALL INDUSTRIAL USERS BOTH INSIDE AND OUTSIDE OF THE CORPORATION WHICH MAY BE DIRECTLY OR INDIRECTLY SUPPLIED THROUGH THE LINES AND DISTRIBUTION SYSTEM OF THE CORPORA- TION 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 SAID 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, WITHIN ONE YEAR AFTER THE EFFECTIVE DATE HEREOF] CONSTRUCT AND MAINTAIN GROUND OR OVERHEAD WATER STORAGE FACILITIES, OR A COMBINATION OF BOTH, IN TOTAL CAPA- CITY EQUAL TO ONE DAYS SUPPLY BASED ON A'REASONABLE ESTIMATE OF THE HIGHEST DAILY USE OF THE WATER CUSTOMERS OF THE CORPORATION, ASSUMING COMPLETE DEVELOP- MENT THEREOF AS PRESENTLY PLATTED. PUMPS DIRECTLY CONNECTED TO THE WATER LINES OF THE CORPORATION OR CITY'S SUPPLY MAIN ARE PROHIBITED. THE DISTRIBUTION PIPING CONSTRUCTION AND OPERATION DOWNSTREAM FROM THE CITY METER SERVING THE CORPORATION SHALL MEET THE REQUIREMENTS OF THE CITY WATER SUPERINTENDENT, THE TEXAS STATE DEPARTMENT OF HEALTH, THE FARMERS HOME ADMINISTRATION OF THE UNITED STATES DEPARTMENT OF AGRICULTURE, AND OTHER GOVERNMENTAL AGENCIES HAVING JURISDICTION THEREOVER. 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 OBLIGATED AND HEREBY AGREES TO PURCHASE ALL OF ITS WATER FROM CITY. SECTION 14. OPTION TO PURCHASE - AT ANY TIME DURING THE LIFE OF THIS CONTRACT CITY AT ITS OPTION, MAY PURCHASE THE WATER DISTRIBUTION'SYSTEM OF THE CORPORATIONS EXTENDING FROM ITS TAP AT CITY'S MAIN INCLUDING ALL OF THE PIPE, VALVES, CONNECTIONS, METERS, PUMPS, STORAGE TANKS AND PROPERTY USED IN CONNECTION WITH THE MAINTENANCE AND OPERATION OF SAID WATER DISTRIBUTION FACILITIES. IF CITY ELECTS TO EXERCISE ITS OPTIONS AFORESAID, THE PURCHASE PRICE SHALL BE THE OUTSTANDING INDEBTEDNESS OF THE CORPORATION AND ALL OTHER INDEBTEDNESS AT THE TIME OF PURCHASE AND OTHER REQUIREMENTS OF THE FARMERS HOME ADMINISTRATION OF THE UNITED STATES DEPARTMENT OF AGRICULTURE. 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 FOR A PERIOD OF FIVE (5) YEARS SUBJECT TO THE TERMINATION PROVISIONS HEREIN CONTAINED. 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 EVENTS CORPORATION MAY, BY GIVING 30 DAYS WRITTEN NOTICE TO CITY BY REGISTERED MAID CANCEL AND TERMINATE THIS CONTRACT IN ITS ENTIRETY. IF CORPORATION SHOULD ELECT TO GIVE AND ACTUALLY GIVES CITY SAID WRITTEN NOTICE, THEN AFTER THE EXPIRA- TION 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. -5- 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 GODS UNAVOIDABLE ACCIDENT, ACTS OF ENEMY STRIKES, FIRES FLOODS CONSER- VATION OF WATER FOR THOSE WITH SUPERIOR AND LEGAL RIGHTS TO SUCH WATER, GOVERN- MENTAL RESTRAINT OR REGULATION, OR OTHER CAUSES OF FORCE MAJEUREI 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 RECOVERABLE 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. SECTION 18. ASSIGNABILITY - THIS CONTRACT MAY BE ASSIGNED BY CORPORA- TION ONLY WITH THE WRITTEN PRIOR CONSENT OF THE GOVERNING BODY OF CITY, BUT IF ASSIGNED, THIS CONTRACT WILL BE BINDING UPON PAR.TICS HERETO AS WELL AS THEIR SUCCESSORS AND ASSIGNS; PROVIDED HOWEVER 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 HONE ADMINISTRATIONS WITHOUT SUCH PRIOR WRITTEN CONSENT ALTHOUGH CORPORATION SHALL PROMPTLY NOTIFY CITY IN WRITING OF SUCH ASSIGNMENT TO THE UNITED STATES OF AMERICA. SECTION 19. RENEWAL OF CONTRACT - THE PARTIES RECOGNIZE THE FACT THAT MOST OF THE FACILITIES TO BE INSTALLED BY CORPORATION SHOULD HAVE A USEFUL LIFE IN EXCESS OF THE 5 -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 PARTY1 AN EXTENSION OF THE TERM OF THIS AGREEMENT WILL BE NEGOTIATED BETWEEN THE PARTIES AND EXTENDED UPON SUCH TERMS AS ARE AGREED UPON BY THE PARTIES AT THAT TIME, AND FROM TIME TO TIME FOR A TOTAL TERM DURING THE TERM OF CORPORATIONS OBLIGATION TO FARMERS HOME ADMIN- ISTRATION, PROVIDED SUCH REQUEST FOR NEGOTIATION IS COMMUNICATED IN WRITING AT LEAST ONE (1) YEAR PRIOR TO THE TERMINATION OF THIS AGREEMENT. SECTION 20. 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 ATTACH- MENT HERETO. SECTION 21. CONTRACT SUBJECT TO APPROVAL OF FARMERS HOME ADMINISTRATION - THAT THE CONSTRUCTION OF THE WATER SUPPLY DISTRIBUTION SYSTEM BY THE CORPORATION -6- 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 WRITINGS OF THE STATE DIRECTOR OF TEXAS, OF THE FARMERS HOME ADMINISTRATION. SIMILARLY ANY MODIFICA- TION OF THE PROVISIONS OF THIS CONTRACT SHALL BE CONDITIONED UPON THE PRIOR APPROVAL, IN WRITING, OF THE STATE DIRECTOR OF TEXAS, OF THE FARMERS HOME ADMINISTRATION. ` SECTION 22. 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 'P'ARTI'ES'HERETO 'AND "THAT 'NOTH'I NG- (`E-XC-EPT 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 REPRESENTATIVES THIS THE DAY OF -_ __ p 1972. ATTEST: CITY OF CORPUS CHRISTI BY CITY SECRETARY CITY MANAGER APPROVED: /G4 DD OF 14-�-1-1-1;72: C Y ATTORNEY ATTEST: SECRETARY VIOLET WATER SUPPLY CORPORATION BY PRESIDENT THIS CONTRACT IS APPROVED ON BEHALF OF THE FARMERS HOME ADMINISTRATION THIS DAY OF , 1972. STATE DIRECTOR OF THE FARMERS HOME ADMINISTRATION, UNITED STATES DEPARTMENT OF AGRICULTURE CORPUS CHRISTI, TEXAS DAY OF I J 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; I, THEREFORE, REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, �R TQ THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING -VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ, M.D. REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZA NOS $R. - -- C��- J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ, M.D. REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK