HomeMy WebLinkAbout10806 ORD - 04/19/1972JRR:ml:4- 18- 72;lst
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AN ORDINANCE
AUTHORIZING THE DIRECTOR OF PUBLIC UTILITIES TO EXECUTE
CONTRACTS FOR THE SALE OF IRRIGATION WATER FOR PERIODS
NOT TO EXCEED FIVE (5) YEARS, ACCORDING TO THE ATTACHED
FORM OR CONTRACT, ANY MODIFICATIONS OF STANDARD CONTRACT
TO BE APPROVED BY THE CITY MANAGER; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS: .
SECTION 1. That the Director of Public Utilities be, and he is
hereby, authorized to execute contracts for the sale of irrigation water
for periods not to exceed five (5) years, according to the attached form
of contract, any modifications of standard contract to be approved by the
City Manager.
SECTION 2. The necessity to immediately authorize the Director
of Public Utilities to execute contracts for the sale of irrigation water
in order to expedite such contracts creates a public emergency and imperative
public necessity requiring the suspension of the Charter rule that no ordi-
nance 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 neces-
sity to exist, and having requested the suspension of the Charter rule 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 SO ORDAINED, this the /7 )Z day of April, 1972.
ATTEST:
/1/_Ua'_ 4, (.,
City Sec et;ft
APPROVED:
DAY OF APRIL, 1972:
I
,4591 City Attorne
el
- Q - p
MAYOR
THE CITY OF CORPU C ISTI; TEXAS
i
THE STATE OF TEXAS j
COUNTY OF NUECES
This contract and agreement this day made and entered into
by and between the City of Corpus Christi, hereinafter called "City",
and , herinafter called "Customer", for
the taking of water from the Nueces River and the reservoir impounding
said water 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, pipe, valves and equipment
necessary for the withdrawal of water from the Nueces River and the
reservoir impounding said water at the point hereinafter designated and
shall 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 measurement 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 available for sale for irrigation purposes and so notifies
Customer, or person in control of the pumping facilities of Customer,
then no water shall be withdrawn until further notice by the City.
Iv.
Water withdrawn shall be used for irrigation purposes only and
then only for the purpose of irrigation of approximately acres
of land located in County, Texas, more particularly
described as follows:
V.
Withdrawal shall not exceed two (2) acre feet per year. Each
year shall consist of the period of 12 calenadar months, commencing with
the date 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 terms of this
contract be extended beyond five (5) years from the date of this contract.
VII.
All water taken in any one calendar year 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 receipt 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 $0.03 per 1,000
Gallons,
VIII.
The City agrees to furnish water as requested by Customer if
a surplus of water 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 domestic,
municipal and industrial needs of customers of the City, in the opinion
of the Water Superintendent of the 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 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 of Corpus Christi an insufficient supply exists.
X.
A. minimum charge is hereby made by the City of Corpus Christi
of Five ($5.00) Dollars which shall be, owing on the first day of each
month of the term of this agreement, whether any wager is withdrawn or not.
XI.
The 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.
XII.
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.
XIII.
This contract shall be non - assignable without the written
consent of the City. This agreement is executed subject to the approval
of the Texas Water Rights Commission and no withdrawals shall be made by
Customer until such approval of withdrawals has been made.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be duly executed in triplicate, this the day of
197.
ATTEST: CITY OF CORPUS CHRISTI
City Secretary
APPROVED AS TO LEGAL FORM THIS.
DAY OF 19_
City Attorney
R. Marvin Townsend, City Manager
"CITY°
"CUSTOMER"
CORPUS CHRISTI, TEXAS
l %Ab DAY OF y ' 199;&
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 INTROOUCED1 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. '
R CTF LY,
/ Y
MAYOR
THE CITY OF CORPUS ISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
RONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BOS.UEZ, M.D. E
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
BONNIE $12EMORE
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ, M.D.
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK - -C��
JRR:ml:4- 18- 72;lst
\ AN ORDINANCE
AUTHORIZING THE DIRECTOR OF PUBLIC UTILITIES TO EXECUTE
CONTRACTS FOR THE SALE OF IRRIGATION WATER FOR PERIODS
NOT TO EXCEED FIVE (5) YEARS, ACCORDING TO THE ATTACHED
FORM OR CONTRACT, ANY MODIFICATIONS OF STANDARD CONTRACT
TO BE APPROVED BY THE CITY MANAGER; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS
SECTION 1. That the Director of Public Utilities be, and he is
hereby, authorized to execute contracts for the sale of irrigation water
for periods not to exceed five (5) years, according to the attached form
of contract, any modifications of standard contract to be approved by the
City Manager.
SECTION 2. The necessity to immediately authorize the Director
of Public Utilities to execute contracts for the sale of irrigation water
in order to expedite such contracts creates a public emergency and imperative
public necessity requiring the suspension of the Charter rule that no ordi-
nance 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 neces-
sity to exist, and having requested the suspension of the Charter rule 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 SO ORDAINED, this the I7 / Ab day of April, 1972.
ATTEST:
- C -
C
City ec eta MAYOR
THE CITY OF CORPU C ISTI; TEXAS
APPROVED:
DAY OF APRIL, 1972:
k1
zS City Attorne
s
THE STATE OF TEXAS I
COUNTY OF NUECES. 1
This contract and agreement this day made and entered into
by and between the City of Corpus Christi, hereinafter called "City ",
and , herinafter called "Customer ", for
the taking of water from the Nueces River and the reservoir impounding
said water for the purpose of irrigating a tract of band situated in
County, Texas, on the following terms and conditions:
I.
Customer shall furnish all pumps, pipe, valves and equipment
necessary for the withdrawal of water from the Nueces River and the
reservoir impounding said water at the point,hereinafter designated and
shall operate all of said equipment at his own risk and expense.
II.
Customer shall furnish.a measuring device, subject to the
apptoval of the Water Superintendent of the City of Corpus Christi, for
the measurement 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 available for sale for irrigation purposes and so notifies
Customer, or person in control of the pumping facilities of Customer,
then no water shalt be withdrawn until further notice by the City.
IV.
Water withdrawn shall be used for irrigation, purposes only and
then only for the purpose of irrigation of approximately acres
of land located in County, Texas, more particularly
described as follows:
V.
Withdrawal shall not exceed two (2) acre feet per year. Each
year shall consist of the period of 12 calenadar months, commencing with
the date 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 terms of this
contract be extended beyond five (5) years from the date of this contract.
VII.
All water taken in any one calendar year 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 receipt 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 $0.03 per 1,000
Gallons,
VIII.
The City agrees to furnish water as requested by Customer if
a surplus of water 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 domestic,
municipal and industrial needs of customers of the City, in the opinion
of the Water Superintendent of the 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 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 of Corpus Christi an insufficient supply exists.
X.
A minimum charge is hereby made by the City of Corpus Christi
of Five ($5.00) Dollars which shall be, owing on the first day of each
month of the term of this agreement, whether any wager is withdrawn or not.
XI.
The 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.
XII.
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.
XIII.
This contract shall be non - assignable without the written
consent of the City. This agreement is executed subject to the approval
of the Texas Water Rights Commission and no withdrawals shall be made by
Customer until such approval of withdrawals has been made.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be duly executed in triplicate, this the day of
197.
ATTEST: CITY OF CORPUS CHRISTI
City Secretary
APPROVED AS TO LEGAL FORM THIS
DAY OF 19_
City Attorney
R. Marvin Townsend, City Manager
"CITY"
"CUSTOMER"
CORPUS CHRISTI, CHRISTI, TEXAS
1 / �/ Ab DAY OF
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.
R CTF LY,
/ Y
MAYOR
THE CITY OF CORPUS ISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
RONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BOS.UEZ, M.D. ! �-
REV. HAROLD T. BRANCH
THOMAS V. GONZA LES
GABE LOZANO, SR.
J. HOWARD STARK
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
BONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ, M.D.,= t••'
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK - -C��