HomeMy WebLinkAbout02354 ORD - 08/17/1948m mDnao= ;�a. zsS-�-
AUMCRIZ= AND DIRSUMM THE G=
MAXAM TO EMOTS A CONM= FOR
AMID ON RMAAT OF THE GIN JaM TO
RAN=, DABIMM CaMBANY. INC.. FOR
fRWT IN GOMMMION VIM UM GM3-
TaacrlON CF A DAM AND REM70M FM
TH& onT AND nr LARIM AN MMGMW.
VMMMASj it is deemed nseessary that the Gity of Gorpas Ghriati
obtain an additional and supplemental water supply and.
wB=mo the of nom arse of the city of aorpaa aariati
has agreed to pay the sum of Hive Thousand Dollars ($59000.00) in order to
assist in obtaini nun additional water supply for the Gity and.
MDURA6. the Ransom, Davidson Ocapery„ Imc., ere agecialists_In
the matter involved here and their sarcioss would be highly benefioial to
the city,
xow, THEREFm, BS TP =Am BY To ow omom or To CITY OF
aoRros omilsrl, TPSA�,
SMaTIC7 J. That the City Manager of the Qity of Qorpus Chriati..
Texas, is hereby authorized and direetad to emacute a contract with the
Ranson, Davidson Obi, Inn, for and on behalf of the Gity for servioes
to be rendered the City in oonnection with procuring an additional and supple.
mental water supply, a copy of said contract being attached hereto and made a
part hereof for all pertinent purposes.
aJ 5 4
TO THE HUHUHABLE CITY COUMIL
CISR OF CORPUS CHRISTI, TEXAS.
Centlemeni
This proposal is being aubmitted to you in four original
oaanterpauos. Your acceptance will be accomplished and evidenced by executing
the acceptance clause as to all four copies, retaisi g ons and delivering the
others to the ondersignado
General Statement
The officials of the City have discussed with us the City's
problem of procuring an additional or supplemental water acpply, and have
ladvised its that the construction of another dam and reservoir, or other dams
and reservoirs on the Nueces River or its tributaries offer the greatest
promise as the source of ouch supply, We have been asked to submit a pr—sal
under which we will cooperate with the City Council at this time in e%plcring
further the problem with a view to filing with the City a report, discussing
'II possible methods of procedure, the feasibility of such methods. and to
recommend that method which appears to be the most feasible and preferable.
It is apparent from the information developed in our conference that the
construction and equipment of any each supplemental water supply will probably
11 have to be financed by a public agency Independent from the Citys hub probably
including thin its boundaries all of the territory situated within the City,
�i artd perhaps additional territory in Unease and perhaps in other counties.
y
For convenience certain terms as used herein are defined
as follawes
The undersigned, the Hanson, Uavidsoa Compnc9, Inc., is so®etimea
herein referred to as the "Fiscal Agent*.
The City of Corpus Christi, Texas, is soLaetimee herein referred
to as the "City".
The atrnctures and equipment to be used in providing the
additional or supplemental water supply irrespective of the ffiber of dams
or reservoirs involved, including any pipeline facilities to be constructed
for the par ose of conveying or trananittingi tf:e water to the City, are swatimed�
herein referred to as the *Slupplemontal Water Supply".
i
especial Counsel^ as used herein aball refer to McCall, Parkhurst
& Crowe, Attorneys# Dallas, Texas.
n.
The Fiscal Agent for and in consideration of the obligation
See1IID0P1 by the City under Article III bereofs and the payments to be made
to Fisoel Agent as provided in Section I9 horeof, agrees to do and perform
the followings
(1) The City having advised us that it mill employ Special
Counsel to work with us in exploring and in making reccumandations me to the
j legal procedure to be fo)lowed, we agree that We All reimhurse the City in
4.be amo,vn. of our pavmsnte to be made by it so fees charged by, and expenses
incurred by Special Counsel.
(2) We realise that the Water supply if constructed or acquired
will be the responsibility of a public agency otter than the Citys probably
some kind of water district, and that the responsibility for employment of
III engineers and for approval of plane and designs must be that of each public
agency, However, to enable us to file a report With the City on recommended
proaedure,ca potential morass of supply and on the ecommad e feasibility of
each procedure and each potential sources of aapplys we most have advlcs from
cam;mtent engineers ddLled in making hydraulic investigations and in designing
and supervising the construction of water supply reservoirs and related
facilities, and in making reports on the feasibility of such structures and
i
'�. facilities acceptable in the market vdere the financing muat be obtained later.
We Will procure the services of such engineers for the limited purpose of
providing the engineering data on which our report will be based and we will
pay the fees charged by and the expenses incurred by such angineere.
(3) We will fmdeh the services of our officers and regular
employsess all of Whom will cooperate with the City# Special Counsel* the
City Attorney# and tith the engineers employed by us under provisions of sub-
section (2) of this Articls 11.
�_ i
(q) A report will be filed by us as soon as the necessary
investigations and studies am be aotpleted. No cannot guarantee the time
to be required for each worko but wilt endeavor to file the report within
73 days after the eeceptamm of this proposal. The report whieh we will file
hereinafter for convenience sometimes called the aGeneral. Reports will contain
among other items the followings
(a) Bea ia®emd tions by Special Couneal as to the
Procedure to be followed which will involve the Creation either under general
law or by special act of a water district, probably a water control nod
improvetent districtp to embrace the territory included within the corporate
boundaries of the City of Corpus Christi, together with each additional land
as may be necessary or convenient, taking into consideration engineering,
physical and economic cansiderations. Such reaommendations will discuss the
varlooa types of bond. and aethode of providing for Ghe peyueat thereof, and
;i will indicate the type beet gaited for the individual. project. The
1
recommendation will set forth the tim schedule rogmtred for the creation of
the yistrict, its confirmation, and the i.effumm and approval of bonds. They
.I, will take into consideration the effect on the time schedule of creating the
district by special legielation.
{b) A report by the eaginaer theretofore anployed by
I� the Fiscal agent abowLng results of a study ae to the requirements of the
City (and of the additional area to be included in, and the additional area to
be served by the District) for additional water, the methods mUestsd for
providing such &4gL1soental Water Supply, a tentative estimate of the probable
coat thereof, an estimate am; to the use to be made of the Supplemental Water
'p supply, the cost of operation and maintenance, the revenues to be received
therefrom, and such other data and eaterial as shall, be considered helpful
I. placing before the City in preliminary Yom essential engineering informat1an1
i
(o) A report by the Fiscal Agent showing results of a
etuAY of the pro;,oeed project £ran an aoenomic and finam9°l abovApoint,
including the srnrrsee from vhlab and by which the project can be financed,
t,Wd g into consideration any burden Which my be placed on the property of
the people reelding within the nietriot. bath within and witlmnt the corporate
boundaries of :'.he City, and taldmg into consideration the revmaes to be
received from the operation of the proosot end the Gale of water to the City
of Corpus Mriatir other cities, and to industrial and other users dot residing .
within the City of Corpus Christi. It will discuss any alternative methods
of finarmi.ng the projects including the diVerent types of bonds cinch might be
used and the advantages and disadvantages of said several types of bonds. It
will inctorporete acah other material and sugCestione as may be deemed advisable
and helpful to the City in reachIM a proper conclusion.
Iu.
(1) Within a reasonable period not emeeding 10 days after said
General shall have been filed with the City the
Report y Mayor of the City w1L1
it
�; canes the Cenaral Report to be considered at a meeting of the City Councils
i
attanded also by such representatives of civic organisations and civio bodies
.i ae within the judgnaad, of the Conrail may be deemed advisable. at vbIch time
the Fieoal Agent. Special Counsels and a representative of the ear, will
11
jj be available for a disaassion of the various parts of the General .disport, and
to answer to the beet of their ability questions which might be asked by the
City Council or others officially attending such meeting.
(2) If Within the judgment of ,.ne City Council after each
presentation any aethod of procedure discussed is the General Report should be
adopted eaui follamd the Fiscal Amts Special Counsels and the engineer will
cooperate further with the City Council in taking the steps incident to the
actual creation of said water district. It is expressly understood, however,
that if the district is to be created under the general law the Fiscal Agent
shall not be responsible for the ercpenea of calling or holding any election
or of making the fired $250.00 deposit with the Board of 'Aster Engineers of
the state of Texas, and will not be responsible for the expense of instituting
or defending arty litigation which might result fry the organization or attempt.
-4- 1
to organize said Distrc ot, but the Fiscal Agent assisted by the engineer and
Speoial Counsel uM make available to the City the varioue fM= of iostrnmanto
needed in making the application in the Board or Water Engineers and for the
creation and organization of the district.
(3) T£ the District is to be created by special law it in
understood that the responsibility of the Fiscal Agent and *vial Counsel
shall be limited to the preparation of the necessary logislation and the
preparation of the official, notice of the introduction of such special
legislation. Responsibility for the pqwnt of the publication of the notice
shall be that of the City. At the request of the City, special Counsel will
appear barons the legislative comnitteo of the Senate and the legislatioo
committee of the house of Representatives to wgkain the purpose of the
special legislation, but the Fiscal Agent dose iwt assume responsibility for
obtaining the passages of such legislation.
I9.
(1) At such tip as said distsioi shall have been organized
'.I and shall have a Hoard of Directors the City will officially request such
Board of Directors to ratify and validate the action theretofore taken by the
J
City Council for the benefit of such district in the acceptance of this
proposal, and to execute a ford contract with the Fiscal Agent for a
continuation of its services, and for the formal employment of Special Counsel
to the and that Fiscal Agent and Special Counsel will cooperate with the
District in the preparation of proceedings, the furnishing of rena*eial and
economic information, in connection with the issuance and vale of the bonds i
needed to finance the project.
(2) In the event that the Hoard of Directors of the water
does
distriot /approve and ratify the action theretofore taken by the City Council
in aseoudsg its obligations under this proposal, and in the event that the
Fiscal Agent is retained by the Hoard of Directors on a basis satisfactory
mutually to the Fiscal Agent and the District to complete the usual duties of
a Fiscal Agent in the authorization, issuance, sale and delivery of bonds for
the oonotruotion of the Supplemental Water Supply, and In the event that the �
compeneation of the Fiscal Agent is actually paid by said District the City
shall thereafter be under no obligations to the Fiscal Abeut by reason of
having accepted this pro —al. If. however, such action by the City in not
ratified and if the Fiscal Agent is not so employed by the Board of Direotors 'I
of the District, or if such anploymant is actually made and if for'say reason
the bonds to finance the construction of said Supplwantal Water Supply are not
Issued and sold, or for ary other reason the Fiscal Agent does not receive the
compensation for its services as provided in the contract with the Board of
II Directors of the rater district, than in that event the City shell pay to the
Fiscal Agent a sum of money equivalent to the actual expense incurred (by the
�I
date of the completion of the orgeniz tian of the vietriot) by the Fiscal Agent
itfor out—of- pocket expenditures of the Fiscal Agent other than payments to ita
I
lofficers, but particularly including fees and expenses paid by the Fiscal A;yent
to Spacial Counsel and to the engineer, provided that the maximum liability of
a
the City shall rot exceed ®10, ob o -�
V.
i'
(1) The fact that the City of Corpss Christi is vitally interested
ill in having available for its use and subject to its call such Supplemental Water
IISupplys and the further fact that there is no other agency at this time competent
to contract for the services to be performed by the Fiscal A�eat, and the
interest mard aisd by the inhabitants of the City, warrants the action of the
!' City Council in accepting this proposal.
�I 8ecpsotfully submitted,
TfS RhMOA, DAVMN MOW, INC.
BY
Accepted by the City of Curpne Christi this the day of -Pat
1%8# pursuant to *.O, &Pira+#4actheratofore adopted by the Council of the City of
Corpus Christi. Cr�� n fCot�pkJ 1:1AIjiff
ATTSSTI
4ty 5e0retar7
APPROM
The for proposal and the form of acceptance thereon have
bean approved as to form and correctness this the day of.4" 1948.
Mir Aturnev, ity o rpus
Christi, Texas,
WRICN 2. The fact that an additional water supply is badly
needed by the Oita in order to take oars of the demands of the eitiaens
during this period of rapid developmnt creates a public mmrgenoy and
gublio *operative necessity requiring the suspension of the Charter role
that no ordinance or resolution shall be passed finally on the date it is
introduced am& that such ordinance or resolution shall be read at three
several, meetings of the city 0ounoll, and the Mayor havlag deolarad that
such public emergency and imperative necessity esiat# end having rogwated
that such Oharter role be suspended, and that this ordinance be passed
finally on the data of its introduction and take offset and be in fell farce
and effect from sad after its passage. 12 33 AOOORDIM y 90 ORDAII3®.
PASS AMID APMOM this � day of August. A. D. 1948-
/ Oh
M¢oR
ATTEST. City oY Qorpus Ohristi. Texas
City Secretary 7
AEMOM AS TO 80Fait /
f,6 tq Att -r
�j 81atamt alty r oraey
Corpua Chr i. Ta.
..gust , 194.8
TO TH6 neso®se6 or THE OlTY UOUN.II.
Oarpus Ohrleti. Texas.
Gentlemen
For the reasons set forth in the smargemy *].area of the fore -
going ordinanca, a publia a gsncy and imperative naoeseity exist for
Us snspenaiou of the Ohertar rule or requirement that no ordinanco or
resolution shall be passed fivaLly on the date it is introduced, and
that such ordinance or resolution sha11 be read at three meetings of the
City Gonncily 4 therefore, hereby request that you suspend said Charter
rule or lequlremnt and pass this ordinance finally on the date it is
introduced, or at the present meeting of the City Counail.
aeapaatllilly.
'Waft
City of Corpus Ohristi. Texas
Who Oherbsr rmle was suapa d d by the following vote.
Mosley 8. Seale
George R Clerk, Jr. :t
John A. Ferris
B. a. Honig
Joe T. Dawson
The above ordinance was, passed by the following votes
wealey F4 Seale
Oearga R. Olark. Jr.
John A. Berrie
R R Henry
Tae T. Dawson
A35q