HomeMy WebLinkAbout14560 ORD - 10/18/1978vp:1O /17/78:1st
TEXAS:
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO APPROVE A CONTRACT BETWEEN
THE SAN PATRICIO MUNICIPAL WATER DISTRICT AND SEABOARD
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 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. The City Manager is hereby authorized to approve a con-
tract between the San Patricio Municipal Water District and Seaboard 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 and made a part hereof, marked Exhibit "A ".
SECTION 2. The necessity to authorize the approval of the afore-
mentioned contract creates a public emergency and an imperative public neces-
sity requiring the suspension of the Charter rule that no ordinance or resolu-
tion 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 /f day of October, 1978.
ATTEST:
Cjy'Secretary
APPROVED:
DAY OF OCTOBER, 1978:
J. BRUCE AYCOCK, CITY ATTORNEY
By�City AtYhrney
145 (3fl
v
MAYOR
TJ CITY 0 RPUS CHRISTI, TEXAS
."- V f_v M�'�►0
1IR 0 81980
WATER PURCHASE CONTRACT
This contract for the sale and purchase of water is entered
into as of the day of August, 1978, between the San Patricio
Municipal Water District, hereinafter referred to as the "Seller" and
the Seaboard Water Supply Corporation, Route 1, Box 44, Odem, San
Patricio County, Texas, hereinafter referred to as the "Purchaser''
serving an area described in Exhibit "A" attached hereto and made a
part hereof,
WITNIeSSETH:
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
1978, 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 I -later District and attested by
the Secretary, was duly authorized, and
Whereas, by resolution of the Board of Directors of the
Purchaser, enacted on the day of , 1978, 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 650,000 gallons per month.
r
2. (Point of Delivery and Pressure) That water will be
furnished at a reasonably constant pressure calculated at a minimum
of 85 psi from a ground storage facility at the existing 24 inch
water transmission line owned by Reynolds Aluminum Company at a
point located approximately 1/2 mile northeast of the Roadside Park
on highway 77. Emergency failures of pressure or supnly 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 necessary to restore service.
3. (Metering Equipment) To furnish, install, operate
and maintain at its own expense at point of delivery, the necessary
metering equipment,.including a meter house or Dit, and required
devices of standard type for properly measuring the quantity of
water delivered to the Purchaser but not more frequently than
once every twelve (12) months. A meter registering not more than
two percent (2y) above or below the test result s'wall 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 wren 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 correspond-
ing 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:
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:
$0.75 per 1,000 gallons of water
($0.65 published rate - $0.10 pumping charge)
Purchaser further agrees to pay directly to Central Power
Light Company the electricity bill incurred in operating the pumping
station and other improvements as described in B2 below.
(2) Connection Fee) To•pay as an agreed cost, a connection _
fee to connect the Seller's system with the system of the Purchaser and
for the Seller to construct additional facilities including the acquisi-
tion of real property, a tap, a meter and box, a 1,000 barrel tank and
foundation, piping and valves, a hydronematic pressure system complete,
miscellaneous electrical,building, and fence and driveway, a sum not
to exceed $47,000.00, which shall cover any and all costs of the Seller
for installation of the above described facilities, the metering equip-
ment and the pumping and storage capacity as required by the Purchaser.
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 seven (7) days 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_
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 construc-
tion, irrespective of whether the metering equipment has been installed
at that time, at a flat charge of $100.00 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 quantities
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 to 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 frith the
exception of any demonstrable direct cost increase by San Patricio
Municipal Vater 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 collaborate
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
occurence 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 approved
prior to the resale of said water by the San Patricio Municipal Water
District, the City of Corpus Christi, and the Developer of the sub-
division must have installed subdivision improvements to the standards
set forth in the San Patricio 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 Seaboard Water
Supply Corporation may resell said water.
10. Purchaser agrees to hold the Seller harmless from any
damages incurred by Purchaser due to circumstances beyond the control
of Seller.
11. That the Purchaser shall comply with the terms and
provisions 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 2 counterparts, each of which shall constitute
an original.
Seller:
San Patricio Municipal Water District
BY
Title President
Attest:
p
Secretary
Purchaser:
Seaboard Water Suply Corporation
BY
Title
Attest:
Secretary
This contract is approved on behalf of the Farmers Home Administration
this day of 1978.
BY
ATTEST: Title
City of Corpus Christi
City Secretary By
R. Marvin Townsend, City Manager
APPROVED: 1978:
Director of finance
City Attorney
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A MCCAUGHAN, ETHERIDGE & WEBB.- ENGINEERS
EXµ I I T AUG., 1977 DWG. N0.7318- B EXHIBIT NO. 3-1
Corpus Christi, Te s ''
day of � .l.W 19 %�•
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoiA6 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, 47
THE CITY OF
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
STI, TEXAS
145(3®
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