HomeMy WebLinkAbout13724 ORD - 05/11/1977M:hb:5 110/77 '
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO APPROVE A CONTRACT
BETWEEN THE CITY OF ALICE AND THE JIM WELLS COUNTY
FRESH WATER SUPPLY DISTRICT NO. 1 AT BEN-BOLT TO
ALLOW THE CITY OF ALICE TO SELL TREATED WATER TO
THE DISTRICT, ALL AS MORE FOLLY SET FORTH IN THE
CONTRACT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED
HERETO AND MADE A PART HEREOF, MARRED EXHIBIT "A ",
AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the City Manager be and he is hereby authorized
to approve a contract between the City of Alice and the Jim Wells County
Fresh Water Supply District No. 1 at Ben Bolt, to allow the City of Alice
to sell treated water to the District.
SECTION 2. The necessity to authorize approval of the afore-
said contract at the earliest practicable date 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 but 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 of
the Charter rule and that this ordinance take effect and be in full force
and effeck _ from and after its passage, IT IS ACCORDINGLY SO ORDAINED this
the _ L day of May, 1977.
ATTEST:
«� �� W/
APPROVED:
ff*C�'DAY OF MAY, 1977:
J. BRUCE AYCOCK, CITY ATTORNEY
By WR "/
City Ottorney
13121
(2�"z�
MAYO
THE CITY OF CORPUS CHRISTI, TEXAS
MICROFILI jED
Jul 0 71980
14ATER 9iJPrNACF rnMTQ.ArT
THE STATE OF TEXAS
COUNTY OF JIM WELLS d
THIS CONTRACT FOR THE SALE AND PURCHASE OF :LATER is entered
into the __ day of , 1973, between the CITY OF
ALICE, TEXAS, (CITY) and ALICE !LATER AUTIIORITY (A.W.A.), P. 0. Box 119,
Alice, Texas 78332, hereafter referred to as the "SELLER" and the JIM
WELLS COUNTY FRESH 14ATER SUPPLY DISTRICT NO. 1 AT BEN BOLT, hereafter
referred to as the "PURCHASER ".
W I T N E S S E T H:
The Purchaser is organized and established under the laws of
The State of Texas for the purpose of constructing and ooerating a water
supply distribution system serving approximately two hundred (200) water
users, and to accomplish this purposes, the Purchaser will require a
supply of treated water; and,
WHEREAS, the Seller owns and operates a municipal water supply
system from which Purchaser desires to obtain water for resale to
residential users and small retailers only, which Seller is willing to
supply, at its cost, on the terms and conditions hereinafter set forth,
and upon receipt and approval by Seller of Purchaser's plans for the
construction of a water supply distribution system.
NOW, THEREFORE, THIS CONTRACT this day made and entered into by
and between Seller and Purchaser, witnesseth:
In consideration of the premises and the sum of Ten and ;lo /100
($10.00) Dollars cash in hand paid to Seller by Purchaser, the benefits
arising to both parties through the sale of water, and mutual covenants
and agreements of the parties herein contained, it is agreed as follows:
1. CONSTRUCTION OF FACILITIES: Purchaser shall construct or
cause to be constructed a pipe line to connect to Seller's twelve inch
water line at the intersection of South Johnson Street and U. S. Highway
281 in City and extend said pipe line South along the :Jest side of
South Johnson Street to a point that inLersects with burns Road then
East along the North Right -of -Way of Burns Road to the intersection of
South U. S. Highway 281 then South along the West Right -of -Way of U.S.
Highway 281 to a point just North of Farm to Market Highway 625, where
the master meter will be installed and which point will be the point
_of delivery under this Contract. Facilities erected by Purchaser shall
be in accordance with plans and specifications prepared by Purchaser
and accepted by Seller in writing before the start of construction.
Approval by Seller shall relate solely to those matters which might
affect: the potential rate and quantity of taking, land owned by
Seller, and dependability or safety of the Seller's water supply,
except Seller shall have the right to provide alternate bidding on
water line North of the metering point.
2. POINT OF DIVERSION: The point of diversion hereunder shall
be at the master meter to be erected on the West side on Highway 281,
just North of its intersection with Farm to Market Highway 625. All
of the facilities shown on the plans shall be erected at the sole cost
and expense of Purchaser, but the Seller shall pay the increased cost
as determined by alternate bids, of any line larger than a six (6 ") inch
line if Seller requests such larger line, but the pipe line and all
facilities erected lying North of the point of delivery as aforesaid
shall belong to and become the sole property of Seller, and Seller
shall be entitled to allow other customers to tap said line North of
the point of delivery and receive all the revenue from any sales North
of said point of delivery, subject to the other provisions of this
Contract. The master meter shall be purchased and maintained by the
Purchaser and shall be the property of Purchaser.
3. RIGHT -OF -WAY AND EASEMENTS: Seller shall assign to Purchaser
the necessary easements and rights -of -way along, and across all lands
over which Seller now has ownership or easement, but Purchaser shall
at its sole cost and expense obtain all other easements. Such Ease-
ments and rights -of -way shall be assigned to Purchaser, without cost,
_ intc . f t fact l it: _s Use
for Llle LU11]Lf -'u 1, i; 'iUn, QpCIQt1U11, uii 4' lluu ��. ��ur�C2 A �1�
of any easements obtained by Purchaser North of the metering point
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t •
should be assigned to the Seller upon completion of construction and
shall be transferred to Seller with title to the facilities North of
the metering point. Purchaser shall hold Seller harmless from all
claims for injury or death of persons and property damage arising
out of the construction of such facility for one year following
completion of such construction.
4. RELOCATION: If Seller or whatever governmental subdivision
acquires the right to provide expanded water facilities, or if, any
Governmental Agency determines that it is necessary to adjust or
relocate facilities constructed by Purchaser in order that land or
easements belonging to Seller can be used for water transmission or
water supply improvement, Purchaser shall bear the cost of such facility
adjustments or relocations South of the metering point, and Seller
shall bear such costs, North of the metering point. Seller will give
due and careful consideration to the location of Purchaser's facilities
in planning new facilities and will, within the limits of sound
engineering and ultimate total project cost to all agencies, minimize
the required relocation of the facilities of Purchaser.
5. MAINTENANCE OF FACILITIES: Facilities constructed by Pur-
chaser shall be maintained and operated by or on behalf of'Purchaser,
South of the master meter. Seller will maintain and own the facilities
North of the master meter and point of delivery stated above. Seller
shall have the right to require Purchaser to maintain its air -gap
tank on Purchaser's property or easement in a manner comparable to the
level of maintenance at similar Seller facilities.
6. INDEMNIFY: Purchaser will indemnify and hold Seller harmless
from any liability which might accrue because of facilities constructed
by Purchaser on land or right -of -way, and Purchaser assumes all res-
ponsibility for adequately maintaining and safeguarding said facilities
South of the metering point.
7. QUANTITY: Seller agrees to sell and guarantees to deliver,
subject to the conditions hereinafter set forth, such treated waterto
Purchaser ds Purchaser might require to a maximum of three million gallons
per month and a maximum of one hundred thousand gallons in any one day.
In the case of extreme emergency such as a large fire, Purchaser may
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exceed the 100.000 gallons daily limit if in the opinion of the
Seller surplus water is available.
S. QUALITY CONSIDERATIONS: It is understood and agreed that
Seller shall use reasonable diligence to provide potable treated drink-
ing water of the same quality it provides to its customers.
9. MEASUREMENT: Water delivered under this Contract shall be
measured by a suitable water meter or meters to be furnished and ins-
talled by Purchaser, meter house or pit and required devises of standard
type for properly measuring the quantity of water delivered to the
Purchaser and to calibrate such metering equipment whenever requested
by the Seller. Registering not more than two percent above or below the
test results shall be deemed to be accurate. The readings of any meter
disclosed by test to be inaccurate shall be corrected for the six months
previous to such test or to the date of the last calibration which ever
is less in accordance with the percentage of inaccuracy found by such
test. If.any meter fails to register for any period the amount of water
furnished during such period shall be deemed to be the amount of water
delivered in the corresponding period immediately prior to the failure,
unless Seller and Purchaser shall agree upon a different amount. The
equipment shall be read on the last day of each month or as soon there-
after as possible. An appropriate official of the Purchaser at all
reasonable times shall have access to the meter for the purpose of
verifying its readings. Seller shall service the recording and inte-
grading instruments of the meter or meters and shall retain the charts
and integrator reading for two (2) years as a part of the Seller's water
records. All such charts and integrator readings shall be made available
to Purchaser's representatives at all reasonable office hours. Any
duplicate recorders providing charts for Purchaser shall be purchased,
maintained and serviced by and at the expense of Purchaser.
10. PRICE: The price to be charged for water sold by Seiler
to Purchaser will be seventy (.70d) cents per thousand gallons with a
minimum charge of Five Hundred Twenty -five and No /100 (4525.00) Dollars
per month, subject to the provisions of paragraph No. 14 and 20.
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11. PAYMENTS: Seller shall, monthly, submit a statement to
Purchaser indicating the quantity of water withdrawn by and sold to
Purchaser during the preceding meter reaoing cycle with a minimum pay-
ment each month of Five Hundred Twenty -five and No /100 ($525.00) Dollars
regardless of amount of water used. Purchaser shall make payment at
Alice, Texas, within fifteen (15) days of receipt of said statement.
Purchaser's obligation to nay for water taken and Seller remedies for
Purchaser's failure to pay for water taken shall be the same as required
of other water customers: Clerical error or minor question regarding
said statement will not be sufficient grounds to delay payment by Pur-
chaser to Seller. Any such question shall be promptly settled under
the terms of this Contract and by agreement of both parties hereto.
Any adjustment in the amount paid as a result of such agreement shall
be added to or deducted from the following month's bill.
12. RESTRICTIONS ON RESALE: It is distinctly understood and
agreed that without prior written consent of Seller, Purchaser shall
not deliver or sell water obtained under this Contract to any other
persons, firms or corporations except such persons, firms, or corpora-
tions which are bona fide residential and small retail customers of
the water distribution system of Purchaser and who do not resell such
water, Purchaser 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 stipula-
tion that should there be a shortage in the basic supply of water which
requires the restriction or curtailing of any consumer of water within
the City Limits of Seller that coincident with such restriction or
limitation within the Seller, Seller may limit and restrict Purchaser
to the same extent. This section expressly forbids the resale of water
by a customer of Purchaser to any consumer without the written consent
of such resale by Seller.
13. WATER RIGHTS: It is mutually agreed and understood that
Purchaser does not acquire any participation or other right to water
rights or permits which the City of Alice may have but its rights here-
under are solely restricted to a contract right under the terms of this
contract.
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•
14. FUTURE !MATER SUPPLY: Purchaser agrees to cooperate with
Seller in investigating the need for, methods to obtain, and most
aavantageous construction timetable for enlarged water supply facilities.
If Seller determines that it is necessary in order to accomplish such
purpose to construct or reconstruct additional facilities or distribution
systems, this Contract shall terminate unless Purchaser recognizes
and agrees to an additional element of cost occasioned by the installa-
tion of such facilities and the price paid by the Purchaser to Seller
for water adjusted to adequately cover such increased cost on a pro
rata "average usage" basis between Purchaser and Seller, averaged over
the previous twelve (12) month period.
15. RIGHT TO TERMINATE CONTRACT: If Purchaser's need for water
from Seller should cease for a period of at least thirty (30) days, then
in such event, Purchaser may, by giving thirty (30) days written notice
to Seller by registered mail, cancel and terminate this Contract in its
entirety. If Purchaser should elect to give and actually gives Seller
said written notice, then after the expiration of thirty (30) days from
the date said notice is mailed to Seller,'this Contract and all of its
provisions shall become null and void. If after two (2) years from the
date of this Contract, Purchaser has not provided facilities for the
taking of water under the terms hereof, or in the event Purchaser fails
to meet any of the obligations herein imposed on it for a period of
sixty (60) days after Seller requests Purchaser to correct its delinquency,
Seller shall have the right to cancel this Contract by giving written
notice to Purchaser of such intention.
16. FORCE MAJEURE: If Seller 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, shortage of water, Governmental restraint
or regulation, or other causes of force majeure, or by reason of
circumstances reasonably beyond its control, then the obligations of
Seller to deliver water to Purchaser, as hereinabove provided, shall be
suspended during continuation of such force majeure. No damage shall
be recoverable by Purchaser or its customers from Seller by reason of
the raJuctiuu ui subNeusiun of ueiiveriea ui water due to any of the
causes above mentioned. If Seller's obligations should be affected
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by any such cause, Seller shall promptly notify Purchaser in writing,
giving full particulars of such force majeure as soon as possible after
the occurrence of the cause or causes relied upon.
17. ASSIGNABILITY: This Contract may be assigned by Purchaser
only with the written prior consent of the governing body of Seller,
but if assigned, this Contract shall be binding uP9n parties hereto as
well as their successors and assigns.
18. TERM OF CONTRACT: When this Contract shall have been duly
executed, the obligations of the parties hereto shall be binding and
shall extend from the date hereof for a period of forty (40) years
subject to the termination provisions herein contained.
19. WATER: That prior to the estimated date of completion of
construction of the Purchaser's water supply distribution system, the
Purchaser will notify the Seller in writing, the date for the initial
delivery of water.
When requested by the Purchaser, the Seller will
make available to the contractor at the point of delivery, or other
points reasonably close thereto, water sufficient for testing, flushing
and trench filling the system of the Purchaser during construction, at
a price of seventy (.70¢) cents per thousand gallons, will be paid by
the contractor or, on his failure to pay within twenty (20) days from
billing by the Purchaser.
20. ANNUAL COST ADJUSTMENT: Following the end of each calendar
year, Seller's cost of water shall be audited and any increase or
decrease in cost to Seller for the preceding year will be adjusted between
Seller and Buyer retroactive to the lst day of the preceding year, by
payment by Seller of any overpayment to Buyer or payment by Buyer of any
underpayment to Seller, in either case in fifteen (15) days.
21. CITY RIGHT TO SELL: Seller retains and Purchaser recognizes
Seller's right to sell treated or untreated water at points and to
customers that are located outside of the boundaries of the Seller
upon such terms and conditions and at such price or prices as Seller in
its sole aiscretion may elect.
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22. FIXED MINIMUM, OBLIGATIONS: The Purchaser is obligated and
hereby agrees to purchase all of its water from City, subject to paragraph
15 above.
23. APPROVAL: The Purchaser has been furnished with a copy of
the Contract between Seller and The City of Corpus Christi, Texas, dated
May 4, 1962, as amended. It is necessary that.this Contract be approved
by the City of Corpus Christi, Texas, and Lower Nueces Water Supply
District under the terms of the*Contract and the provisions hereof
pertaining to the undertakings of the Seller are conditioned upon approval,
in writing, of the City of Corpus Christi, Texas and Lower Nueces Water
Supply District.
24. 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.
25. It is agreed by the parties hereto that this instrument
contains in writing 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, effective this the day of
. 19
CITY OF IC TEXAS
BY:
May
- 8 -
CITY OF ALICE, TEXAS
BY: o k- v
City Manager
ATTEST:'
C9ty Secretary
ATTEST:
Secretar
ATTEST:
1
Secretary
APPROVED:
TEXAS WATER DEVELOPMENT BOARD
BY:
ALICE WATER AUTHORITY
BY: .6-4
President
JIM WELLS COUNTY FRESH WATER
SUPPLY DISTRICT MO. 1 AT
BEN BOLT, TEXAS /
BY: 4i1�c�i,.�/
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President
� t
CITY OF CORPUS CHRISTI, TEXAS
BY:
City Manager
ATTEST
City Secretary
APPROVED:
DAY OF MAY, 1977:
J. BRUCE AYCOCK, CITY ATTORNEY LOWER HUECES RIVER WATER
SUPPLY DISTRICT
By
Assistant City Attorney BY:
President
ATTEST:
Secretary
- 10 -
Corp Christi, Texas
_day of 197
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 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, request
that you suspend said Charter rule or requirement and pass this ordinance
finally on the date it is introduced, 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:
Jason Luby
Eduardo de Ases
David Diaz
Ruth Gill
Bob Gulley
Gabe Lozano, Sr.
Edward L. Sample
The above ordinance was passed by the following vote:
Jason Luby
Eduardo de Ases
David Diaz
Ruth Gill
Bob Gulley
Gabe Lozano, Sr.
Edward L. Sample
JL 3%24
