HomeMy WebLinkAbout13881 ORD - 08/10/1977jkh:8 -9 -77; 1st
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO APPROVE A CONTRACT
BETWEEN! THE SAN PATRICIO MUNICIPAL WATER DISTRICT
AND RINCON WATER SUPPLY CORPORATION FOR THE SALE OF
TREATED WATER TO THE CORPORATION BY THE DISTRICT,
ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A SUB-
STANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED
EXHIBIT "A ", AND MADE A PART HEREOF; 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 San Patricio Municipal Water District
and Rincon Water Supply Corporation for the sale of treated water to the
Corporation by the District, all as more fully set forth in the contract,
a substantial copy of which is attached hereto, marked Exhibit "A ", and made
a part hereof.
SECTION! 2. The necessity to authorize approval of the aforesaid
contract for the sale of treated water to an area presently not served 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, 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 /0
day of August, 1977.
ATTEST: MICROFILMED
-JUL 0'71980
City Secretary MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
ED:
-DAY OF AUGUST, 1977' 11-o-
his ordinance is in effect a;
rce with or without the Ve
J. BRUCE AYCOCK, CITY ATTORNEY � signature of the Ilayor, in
accordance with Article II
Section 6 of the City Charter..
By
Assistant City torney
1881
WATER PURCHASE CONTRACT
This contract for the sale and purchase of water is
entered into as of the day of 1977, between
the San Patricio Municipal t, District, hereinafter referred -
to as the "Seller" and the Rincon Water Supply Corporation•(East
White Point Division), Route 2, Taft, San Patricio County, Texas,
hereinafter referred to as the "Purchaser". serving an area des-
cribed in Exhibit "A" attached hereto and made a part, hereof,
WITNESSETH:
Whereas, the Purchaser is organized and established under
the provisions of the laws of the State of Texas, 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 Purchaser and to accomplish this purpose, the
Purchaser will require a supply of treated water, and
Whereas, the Seller owns and operates a water supply dis-
tribution system with a capacity currently capable of serving the
present customers of the Seller's system and the estimated number
of water users to be served by the said Purchaser as shown in the
plans of the system now on file in the office of the Purchaser, and
Whereas, by resolution No. enacted on the day
of , 1977, by the Seller, the sale of water to the
Purchaser in accordance with the provisions of the said resolution
was approved, and the execution of this contract carrying out the
said sale of water by the San Patricio Municipal Water District and
attested by the Secretary, was duly authorized, and
Whereas, by resolution of the Board of Directors of the
Purchaser, enacted on the 15th day of March, 1977, the purchase of
water from the Seller in accordance with the terms set forth in the
said resolution was approved, and the execution of this contract by
the President, and attested by the Secretary was duly authorized;
Now therefore, in consideration of the foregoing and the
mutual agreements hereinafter set forth,
A. The Seller Agrees:
1. (Quality and Quantity) To furnish the Purchaser 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 Purchaser not to exceed
1,500,00 gallons per month
lx-N• 'A"
2. (Point of Delivery and Pressure) That water will be furnished
at a reasonably constant pressure calculated at a minimum of 40 psi
from an existing 8 inch main supply at a point located at Farm Road
893 approximately 2-15 miles south of Taft. I£ a greater pressure than
that normally available at the point of delivery is required by the
Purchaser, the'cost of providing.such greater pressure shall be borne
by the Purchaser. Emergency failures of pressure or supply due to
main supply line breaks, power failure, flood, fire and use of water
to fight fire, earthquake or other catastrophe shall excuse the Seller
from this provision for such reasonable period of time as may be nec-
essary to restore service.
3. (Metering Equipment) To furnish, install, operate, and main-
tain at its own expense at point of delivery, the necessary metering
equipment, including a meter house or pit, and required devices of
standard type for properly measuring the quantity of water delivered
to the Purchaser and to calibrate such metering equipment whenever
requested by the Purchaser but not more frequently than once every
twelve (12) months. A meter registering not more than two percent
(2 %) above or below the test result shall be deemed to be accurate.
The previous readings of any meter disclosed by test to be inaccurate
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 15 days prior to
the time when such inaccuracy was first made known by either party
to the other. 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 metering equipment shall be read on or about
the last day of each month and shall determine from these readings
the amount of water delivered to the corporation. An appropriate
official of the Purchaser at all reasonable times shall have access
to the meter for the purpose of verifying its readings.
4. (Billing Procedure) To furnish the Purchaser at the above
address not later than the 10th day of each month, with an itemized
statement of the amount of water furnished the Purchaser during the
preceding month.
B. The Purchaser Agrees:
I
1. (Rates and Payment Date) To pay the Seller, not later than
.the 15th day of each month, for water delivered in accordance with
the following schedule of rates:
$0.70 per 1,000 gallons of water
($0.65 published rate - .05 pumping charge)
2. (Connection Fee) To pay as an agreed cost, a connection fee
to connect the Seller's system with the system of the Purchaser, the
sum of $ dollars which shall cover any and all costs of the
Seller for installation of the metering equipment and the pumping
and storage capacity presently owned by the Seller. The maintenance
of the metering equipment will be billed by Seller to Purchaser monthly
in the amount of actual costs incurred by Seller in maintaining said
metering equipment.
3. If Purchaser fails to pay any bill due to the San Patricio
Municipal Water District on or before its due date, the San Patricio
Municipal •Water District may give notice of such delinquency to the
Purchaser in writing and if all bills due and unpaid are not paid
within fifteen (15) days after the receipt of such notice properly
stamped and addressed to the Purchaser, in the United States mails,
then the San Patricio Municipal Water District shall be authorized
to discontinue further water service until all bills due have been
paid in full.
C. It is further mutually agreed between the Seller and the Purchaser
as follows:
1. (Term of Contract) That this contract shall extend for a
term of 40 years from the date of the initial delivery of any water
as shown by.the first bill submitted by the Seller to the Purchaser
and, thereafter may be renewed or extended for such term, or terms,
as may be agreed upon by the Seller and Purchaser.
2. (Delivery of Water) That 7 days prior to the estimated•date
of completion of construction of t-e Purchaser's water supply dis-
tribution system, the Purchaser will notify the Seller in writing
the date for the initial delivery of water.
3. (Water for Testing) When requested by the Purchaser the
Seller will make available to the contractor at the point of delivery
or other point reasonably close thereto, water sufficient for testing,
flushing,•and trench filling the system of the Purchaser during con-
struction, irrespective of whether the metering equipment has been
installed at that time, at a flat charge of $ which will be
paid by the contractor or, on his failure to pay, by the Purchaser.
4. (Failure to Deliver) That the Seller will, at all times,
operate and maintain its system in an efficient manner and will take
such action as may be necessary to furnish the Purchaser with quan-
tities of water required by the Purchaser. Temporary or partial
failures to deliver water shall be remedied with all possible dispatch.
In the event of an extended shortage of water, or the supply of water
available to the Seller is otherwise diminished over an extended
period of time, the supply of water to Purchaser's consumers shall be
reduced or diminished in the same ratio or proportion as the supply
to Seller's consumers is reduced or diminished.
5. That the provision of this contract pertaining to the
schedule of rates to be paid by the Purchaser for water delivered
are subject to modification in accordance with the published rates
of the San Patricio Municipal Water District for the same or similar
type customers, at the end of every calendar year period with the
exception of any demonstrable direct cost increase by San Patricio
Municipal Water District or Central Power $ Light which may be passed
through immediately. Any increase may include increased capitalization
of the Seller's system on a pro rata basis. Other provisions of this
contract may be modified or altered by mutual agreement.
6. (Regulatory Agencies) That this contract is subject to
such rules, regulations, or laws as may be applicable to similar
agreements in this State and the Seller and Purchaser will col-
laborate in obtaining such permits, certificates, or the like, as
may be required to comply therewith, and further subject to the
approval of the City of Corpus Christi.
7. (Miscellaneous) That the construction of the water supply
distribution system by the Purchaser is being financed by a loan
made or insured by, and /or a grant from, 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 Purchaser are conditioned
upon the approval, in writing, of the State Director of the Farmers
Home Administration.
8. (Successor to the Purchaser) That in the event of any oc-
curence rendering the Purchaser incapable of performing under this
contract, any successor of the Purchaser, whether the result Of legal
process, assignment, or otherwise, shall succeed to the rights of
the Purchaser hereunder.
9. In the event the Purchaser desires to resell treated Water
to customers in any subdivision such subdivision plat must be ap-
proved prior to the resale of said water by the San Patricio Muni-
cipal Water District, the City-of Corpus Christi, and the Developer
of the subdivision must have installed subdivision improvements to
the standards set forth in the San Patricia County Subdivision
Ordinance and the requirements of the San Patricio Municipal Water
District prior to said resale of water. No purchaser of water
from the Rincon Water Supply Corporation may re -sell said water.
10.: Purchaser agrees to hold the Seller harmless from any
damages incurred by Purchaser due to circumstances beyond the con-
trol of Seller.
11. That the Purchaser shall comply with the terms and pro-
visions of the Water Purchase Contract between the City of Corpus
Christi and the San Patricio Municipal Water District dated May
27, 1963.
In witness whereof, the parties hereto, acting under authority of
their.respective governing bodies, have caused this contract to be
duly executed in counterparts, each of which shall con-
stitute an original.
Seller:
BY:
Title
Attest:
Secretary
Purchaser:
BY:
Title
Attest:
Secretary
This contract is approved on behalf of the Farmers Home Administration
this day of 1977.
BY:
Title
CERTIFIED COPY OF RESOLUTION
` -,THE STATE OF T E X A S X
COUNTY OF SAN PATRICIO X
The Board of Directors of San Patricio Municipal Water District convened in
special session on the 15th day of March, 1977, 2:00 P.M., at the office of the
District, with the following members present:
W. D. Miller, President
Billie Jo Tennill, Director
Gene Dressen, Director
W. C. Andrews, Director
James R. Trangmar, Director
Ismael Benavides, Director
Elton L. Mayer, Director
Mrs. Leela Phelps, Secretary- Treasurer
.and the following member absent: J. B. O'Mara, Vice - President, when the
following basiness was transacted:
A Water Purchase Contract between the San Patricio Municipal Water District
and the Rincon Water Supply Corporation was introduced for the consideration of
the Board. A Resolution Authorizing Sale of Water was duly moved by Director
_ Dressen and seconded by Director Trangmar that said Resolution be approved;
and after due discussion, said motion, carrying with it the adoption of said
Resolution prevailed and carried by the unanimous vote of Directors present.
RESOLVED, that the President of the San Patricio
Municipal Water District is hereby authorized and directed
to enter into a forty (40) year water purchase contract
between the San Patricio Municipal Water District and the
Rincon Water Supply Corporation, all as more fully set
forth in the contract, a copy of which is attached hereto,
marked EXHIBIT. "A ", and made a part hereof.
PASSED AND APPROVED this 15th day of March, 1977.
W. D. Miller- President, Board of
Directors, San Patricio Municipal Water
District
ATTEST:
Mrs. Leela Phelps- Secretpy, Board
of Directors, San Patricio Municipal
Water District
THE STATE OF T E X A S X
COUNTY OF SAN PATRICIO X
I, the undersigned, Secretary of the Board of Directors of
San Patricio Municipal Water District, do hereby certify that the
attached and foregoing is a true and correct copy of a Resolution
adopted by the Board of Directors of said District at a meeting
thereof held on the 15th day of March, 1977, together with an
excerpt from the Minutes of said meeting showing the adoption
thereof as same appears of record in the official minutes of said
Board of Directors on file in my office.
WITNESS MY HAND AND THE OFFICIAL SEAL OF SAID DISTRICT, this
the 15th day of March, 1977.
Mrs. Leela Phelps-Secretgry, Board
of Directors, San Patricio Municipal
Water District.
(Seal)
Corpus Christi, Texas
j C'� day of 19-10—
t
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,
2�8�1
F
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.
<zf
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
2�8�1
F