HomeMy WebLinkAbout14485 ORD - 08/30/1978RWC: vp:8- 3078:1 s•t
TEXAS:
AN ORDINANCE
AMENDING ORDINANCE NO. 14330, MAY 24,1978, SO- AS,_TO,AUTHORIZE
THE CITY MANAGER TO EXECUTE AN ALTERNATIVE -FORM OF AGREE-
MENT IN ADDITION TO THE AGREEMENT PREVIOUSLY AUTHORIZED
WITH THE PARKS AND WILDLIFE DEPARTMENT FOR THE SALE OF
UP TO 1,600,000 GALLONS OF TREATED WATER PER MONTH TO THE
MUSTANG ISLAND STATE PARK, ALL AS MORE FULLY SET FORTH IN
THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED
HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A "; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. That Ordinance No. 14330, May 24, 1978, be amended so
as to authorize the City Manager to execute an alternative form of agreement
in addition to the agreement previously authorized with the Parks and Wildlife
Department for the sale of up to 1,600,000 gallons of treated water per month
to the Mustang Island State Park, all as more fully set forth in the agreement,
a substantial copy of which is attached hereto and made a part hereof, marked
Exhibit "A ".
SECTION 2. The necessity to authorize execution of the aforesaid
alternative form of agreement at the earliest practicable date in order that
an adequate treated water supply may be available to the Mustang Island State
Park 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 'ts passage, IT IS ACCORDINGLY SO ORDAINED, this
the day of 6&t-tt , 1978.
ATTEST:
-� dt
City Secretary YOR
APPROVED: TH CITY OF CORP CHRISTI, TEXAS
DAY OF 1978:
J. BRUCE COCK CITY `ORNEY
BY: ..,.
Assistant i orney
WE
ICY'• " �^ i :; �.:�:� _F'i.�
THE STATE OF TEXAS j
COUNTY OF NUECES j
AGREEMENT
This agreement made this day of , 1978, by and
between-the City of Corpus Christi, Nueces County, Texas, a municipality
organized pursuant to the laws of the State of Texas, hereinafter referred
to as "City" and the State of Texas, hereinafter referred to as "State ",
acting herein by and through the Texas Parks and Wildlife Department (TPWD).
WITNESSETH_
WHEREAS, the City, by virtue of a contract executed August 10,
1955, between the Lower Nueces River Water Supply District, is the sole
purchaser'of untreated water from the Lower Nueces River Water Supply District
and treats said water for distribution to- customers of City; and
WHEREAS, the State has determined that it desires to obtain a
Supply'of potable water for use at and in Mustang Island State Park on
Mustang Island (the "Park ") now in the process of construction; and
WHEREAS. City has executed a contract with the Nueces County
Water Control and Improvement• District No. 4 (the "District ") under which
the District has agreed to construct a water transmission main along with
the necessary pumping and storage facilities for said main ail in accordance
with plans and specifications prepared by the District and acceptable to
the City; and
WHEREAS, the District will upon completion of construction of
the transmission main, convey to the City that portion of the transmission
main beginning at-the northernmost boundary of the Mustang Island State
Park and running south along Park Road 53 to its intersection with Park Road
22 so °that the City may provide a fresh supply of potable water out of said
water main to customers of the City; and
WHEREAS, City desires to sell water to the State for the benefit
of the City and the State;
NOW, THEREFORE, for and in consideration of the mutual promises,
obligations and benefits hereinafter set forth, City and the State contract
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and agree as follows:
1. District's consulting engineers. Urban engineers, of Corpus
Christi, Texas, have completed the preparation of engineering plans and
specifications and District has awarded a contract for the construction of
a water transmission main to convey water from Point "A" to Point "C" as
shown on Exhibit "A ", and copies thereof have been furnished to the State
and the same are hereby approved.
2. State shall pay-to the City. a one -time connection fee of
$245,218 representing 100% of the State's proportional share of providing
a water supply to the Park, which sum shall be due and payable when water
is available from the transmission main and the meter serving the State Park
has been set.
3. City agrees to initially provide a fresh supply of potable
water from said water main in the amount of 140 gallons per minute at a
pressure of 42 psi at the then published City water rates, and upon the terms
and conditions applicable to City water sales, as amended from time to time
by City, to the Mustang Island State Park delivery point which shall be at
Point "B" as shown on Exhibit "A ". State agrees that the system as presently
designed can meet the above stated flow and pressure requirements only as
long as withdrawals from the line do not exceed 1.4 mgd. At such time as
withdrawals exceed 1.4 mgd, State will be required to construct its own
ground storage tank and booster system at State's expense to meet the Park's
requirements. The City agrees to furnish a minimum of -six additional points
of delivery at locations designated by the State at a cost not to exceed the
tap fee schedule in effect at the time of the tap. Title to, possession of,
and control of water delivered hereunder, shall remain with City until such
water shall pass through the meter at the point or points of delivery where
title to, possession and control of such water, shall pass from City to the
State. The State will provide and maintain at its cost all pipes, fittings,
and facilities for receiving water hereunder, at the point or points of
delivery specified herein.
4. City agrees to sell and deliver to the State and the State
agrees to.buy from City and pay for in accordance with the provisions of
this contract, up to a maximum of 1,600,000 gallons of water per month. The
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City agrees further to use its best efforts to begin delivery of water on
or before March 1, 1979, but failure to deliver water by such date shall
not constitute a default hereunder.
5. It is understood and agreed that City shall use reasonable
diligence to prevent the pollution or contamination of any of the water
supply referred to herein from any cause, and further that such water shall
.be 'treated water of such quality as to meet the requirements of the Texas
Department of Health at" •the point of delivery. In order to assure the members
of the public who will visit the Park that the quality of water available
to them for consumption is the best available, it is hereby agreed that the
State will supply potable water at the Park only from the water sold to the
State by City under this contract, except during any period when City is
'unable-to deliver water to the State hereunder.
6, City shall furnish, install, operate and maintain at Point "B "•
and at each point of delivery the necessary equipment and devices of standard
type for measuring properly the•quantity of water received from the City.
Such meter or meters or other equipment so installed shall remain the property
of-City. The State shall have access to such metering equipment at all
reasonable times, but the reading, calibration, and adjustment thereof shall
be done only by the employees or agents of the City. For the purpose of this
contract, the original record or reading of the meter or meters shall be in
a journal or other record book of City in its office in which the records
of the employees or agents'of City who take the readings are or may be
transcribed. Upon written request of the State, City will give the State a
copy of such journal or record book, or permit the State to have access to
the same in the office of City during reasonable business hours.
The State shall have the right to request City, in writing,
to calibrate its meter or meters not more than once in each 180 -day period
in the presence of a representative of the State, and the parties shall
jointly observe any adjustments which are made to the meters in case any
adjustment shall be necessary and, if the check meters hereinafter provided
for shall have been installed, the same shall also be calibrated by the
State in the presence of a representative of the City and the parties shall
jointly observe any adjustment in case any adjustment is necessary. If the
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State shall, in writing, request the City to calibrate its meters and the
City shall give-the State 48 hours notice of the time when any such tali-
" bration is to be made and if -a representative of the State is not present
at the time set, City may proceed with calibration adjustment in the absence
of any representative of the State.'
The State may,•:at its option and expense,' install and operate a
check meter to check each meter-installed-by City, but the measurement of
water.for the purpose of this contract shall be solely by City's meters,
except in the cases hereinafter specifically provided to the contrary. All
` such check meters shall be of standard make and•sha11'be subject at all
"reasonable times.'to inspection and examination-by any employee or agent of
City, but-the reading, Calibration and adjustment thereof shall be•made only
by the State, except during any period-when the:check meter may be used
under -the provisions hereof for measuring .the amount of water delivered,
-in which case-the reading, calibration and adjustment thereof shall be by
City with like effect as if such check meter or meters had been furnished or
- installed by City., If, upon any test, the percentage of inaccuracy of any
metering equipment is )found to be in excess of.2 %, registration thereof shall
be corrected for a period extending back to the time when such inaccuracy
began, if such time is ascertainable and if such time is not ascertainable,
then for a period extending back one -half of *the time elapsed since the last
date of calibration, but-in no event no further back than the period of
90 days. If for any reason any meters are out of service or out of repair
so that the amount of water delivered cannot be ascertained or computed from
the reading .thereof-, the water delivered during the period such meters are
out of service or out of repair shall be estimated and agreed upon by the
parties hereto upon the basis of the best data available. For such purpose,
the best data-available shall be deemed to be the registration of any check
meter or meters, if same have. been installed and are:accurately registering.
Otherwise, the amount of water delivered during such period may be estimated
(a) by correcting the error, if the percentage of the error is ascertainable
by calibrating tests or mathematical calculations, or (b) by determining the
quantity of water delivered the preceding period under similar conditions
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when the meter or meters were registering accurately.
7. City shall read all the meters monthly and promptly render
monthly bills to the State based on such readings. Such bills shall be due
.and payable within 30 days from the date the same are deposited in the United
States mail properly stamped and addressed to the State. If the State fail$
to pay any bill due to City on or before due date, City may give notice of
such delinquency to the State in writing and, if all bills due and unpaid
are not paid within 60 days after deposit of such notice, properly stamped
and addressed, to the State in the United States mail, then City shall be
authorized to discontinue further water service until all bills due have been
paid in full. `
8, If City should be prevented wholly or in part from furnishing
Mater to the State under this contract by reason of any force majeure,
including without limitation, acts of God, unavoidable accidents, acts of
public enemy, strikes, riots, floods, fires, government restraint or
regulations, break in City's pipelines, except breaks caused or contributed
to by City's negligence, or for any other cause beyond City's control, then
the obligation of City to deliver water to the State shall be temporarily
suspended,during that continuance of such force majeure. No damages shall
be recoverable from City by reason of the temporary suspension of delivery
of water due to any force majeure. If City's ability to deliver water to
the State is affected by any force majeure, City shall promptly notify the
State in writing or by telegraph,, giving the particulars as soon as practicable
after the occurrence of the cause or causes for such interruption and shall
proceed with all due diligence to remedy-such cause or causes. If service
is interrupted by any act or omission of a third party, the State reserves
the right to sue in its name or in the name of City-to collect all damages
and costs of all emergency actions required, and this force majeure clause
shall not be available to a third party as a defense.
9. Whenever this contract requires or permits approval or
consent to be hereafter given by the State, such approval or consent shall
be effective without regard to whether such approval or consent is given
before or after the time required herein. Such approval or consent shall be
511
evidence by written letter signed by the Executive Director of the Texas
Parks and Wildlife Department No consent or approval of the State shall be
required'as a condition to any action by City, except as expressly required
this �s �mtract
Jo, Unless otherwise provided in this contract, any notice,
cummunYnatinn, request, reply, or advice (herein severally and collectively,
for the convenience, called "notice") herein provided or permitted on be
sYven. mvde. 'or accepted "v by party . the other t u
r mux e ivwri*i�y
and may be. given* or be served by depnsit!no some in the United sta er'moYl.
pusfpuid and addressed tn the party to be notified, return receipt
requested. vrhvdeliver!ny same to an officer nf suc h
party, or by prepaid
telegram; when appropriate, addressed to the party t . be notified, Notice
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deposited in the mail in the manner herainabuve described shall becon-
pluyi"ely deemed to be effective. unless otherwise stated in this contract,
' from and after the expiration of 3 days after it is so deposited. Notice
given in any other manner shall be effective vnlY.If and when received by
the parties to be nvtifieu' For the purposes of this notice, the address
Of the parties shall, until changed as hereinafter provided. beau follows:
If to the State: Texas Parks and Wildlife Department, 4200
Smith ocxnnl Road, Austin, Texas 78744, attention: Executive Director;
if to the City; City Manager,. City of Corpus Christ!, P. 0. Dux' 9277,
Corpus Christi. Texas 78408'
The parties soall have the right from time to time and at any
time to change their addresses � ^ ' '
an eaco shall have'
the right to
specify as its address any other address by at least 15 ' written
notice to the other party'
11. Lodification. This contract shall be subject to change
or modification at any time, but only with the mutual consent of the parties
hereto, in writing" with any State action to modify this Contract being '
first approved by the Texas Parks and Wildlife Commission'
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' Assignability. This contract shall be uvnui»g vnnn and
inure to the benefit of the parties hereto -and their respective successors
and assigns, but this ~contract shall not-be assignable by either
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without the prior written consent of the other. Whenever reference is made
in this contract to either of the parties hereto, such reference shall be
deemed to include, wherever applicable, a reference to the successors and
assigns of such parties.
13,''Sederability, The provisions of this contract are severable,
and if any provision or part of this contract or the application thereof to
any person or circumstance shall ever be held by any court of competent
jurisdiction to be invalid or unconstutional for any reason, the remainder
of this contract and the application of such provision or part of this
contract to other persons or circumstances shall not be affected thereby.
14. The obligation of the City of Corpus Christi to continue
to provide water service under the same conditions and terms as water service
is being provided to other customers similarly situated and with like demand
characteristics and according to the terms contained herein shall continue
from year to year unless terminated by the State of Texas.
It is the intent of this contract that the State of Texas, after
having met the terms, conditions and obligations contained herein, will
be entitled to water service to the Mustang Island State Park in the same
manner as any customer inside the City limits except that the rate to be
charged will be the published rate in effect at the time of delivery, to
customers similarly situated (now outside the City limits) with similar
demand characteristics. No contained herein shall be interpreted as
providing any right of the City of Corpus Christi to terminate the delivery
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of water service except for grounds of undue waste, nonpayment of bills, or
fraudulent application for service, or for noncompliance with rules and
regulations properly adopted which govern service to all customers_
IN WITNESS WHEREOF, the parties hereto have executed this
contract in multiple counterparts, each of which shall be deemed an original,
as of the date and year first above written,
ATTEST:
City Secretary
TEXAS PARKS AND WILDLIFE DEPARTMENT
-
Executive Director
CITY OF CORPUS CHRISTI
By
R. Marvin Townsend, City Manager
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�:�i `. .. .: iF`i„ -ate• inT t +. -e .Y ,'tw 1� - - _ ?.', t n� i7%tti ^i�?^'V,
APPROVED:
DAY OF 1978:
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City Attorney
L�,4 -Director of Fin ce
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VIC! T-r
Corpus Christi, Tex
.3V day of 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 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,
The Charter rule was suspended
Gabe Lozano, Sr.
Bob Gulley
David Diaz
Ruth Gill
Joe Holt
Tony Juarez, Jr.
Edward L. Sample
The above ordinance was passed
Gabe Lozano, Sr.
Bob Gulley
David Diaz
Ruth Gill
Joe Holt
Tony Juarez, Jr.
Edward L. Sample
THE CITY (OF COWPUS -9W
, TEXAS