HomeMy WebLinkAbout03354 ORD - 11/18/1952AN ORDINANCE
I BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI CALLING AN ELECTION ON THE
QUESTION OF WHETHER OR NOT A CONTRACT BY AND BETWEEN THE CITY OF CORPUS CHRISTI
AND LOWER NUECES RIVER WATER SUPPLY DISTRICT SHALL BE EXECUTED ON BEHALF OF THE
CITY OF CORPUS CHRISTI, WHEREIN THE DISTRICT SHALL BE OBLIGATED TO SUPPLY AND
THE CITY SHALL BE OBLIGATED TO PURCHASL' WATER TO BE IMPOUNDED BY THE RESERVOIR
FACILITIES OF THE DISTRICT ON T* NUECES RIVER JUST BELOW-THE PRESENT MATHIS DAM,
SAID CONTRACT.BEING SET OUT IN THIS ORDINANCE; DESIGNATING THE PLACES OF HOLDING
SUCH ELECTION; NAMING THE OFFICERS THEREFOR; PRESCRIBING THE FORM OF NOTICE OF
ELECTION, AND ENACTING PROVISIONS INCIDENT AND RELATING TO THE SUBJECT AND PUR-
POSE,OF THIS.ORDINANCE; AND DECLARING AN EMERGENCY.
-WHEREAS, UNDER PLANS FORMULATED,, PREPARED AND APPROVED BY THE LOWER NUECES RIVER
WATER SUPPLY DISTRICT AND ITS ENGINEERS FOR THE CONSTRUCTION OF NEW IMPOUNDING FACILITIES BY
MEANS OF A NEW DAM ON THE NUECES RIVER JUST BELOW THE PRESENT MATHIS DAM, THE DISTRICT PRO-
POSES TO CREATE A RESERVOIR OF $UCH WATER STORAGE CAPACITY AS WILL OFFER THE CITY A MUCH NEED-
ED AND MORE ABUNDANT SOURCE OF SUPPLY THAN THAT AFFORDED BY THE PRESENT FACILITIES AT LAKE
CORPUS CHRISTI; AND
WHEREAS, PURSUANT TO PROPER AUTHORITY OF THE'GOVERNING BODIES OF THE CITY OF
CORPUS CHRISTI AND LOWER NUECES RIVER WATER SUPPLY DISTRICT, AN "AGREEMENT TO CONTRACT" WAS
MADE AND ENTERED INTO ON THE 29TH DAY OF OCTOBER, A.D. 1952, WHICH SAID !AGREEMENT TO CON-
TRACT" CONTAINS A FULL, TRUE AND CORRECT COPY OF THE "WATER CONTRACT" PROPOSED TO BE FINALLY
ENTERED INTO PROVIDED THAT THE PROPOSITION "R THE CITY-'S AUTHORITY TO EXECUTE SAID "WATER
CONTRACT" HAS BEEN CONFIRMED AT AN•ELECTION DULY HELP FOR THAT PURPOSE IN THE CITY OF CORPUS
CHRISTI, IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 342, ACTS OF THE 51ST LEGISLATURE OF
TEXAS AT ITS REGULAR SESSION HELD IN 19119 BEING ARTICLE 1109E, V. A. T. C. S., 1925, AS
AMENDED); AND
WHEREAS, IT IS FINALLY FOUND AND DETERMINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI THAT IT IS TO THE BEST INTEREST OF THE CITY AND ITS INHABITANTS THAT AN ELEC-
TION BE CALLED FOR THE SUBMISSION OF THE PROPOSITION OF WHETHER OR NOT THE AFORESAID WATER
CONTRACT" SHALL BE EXECUTED ON BEHALF OF THE CITY OF CORPUS CHRISTI PURSUANT TO AUTHORITY
GRANTED IN COMPLIANCE WITH THE PROVISIONS OF THE AFORESAID STATUTE:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
-SECTION 1. THAT AN ELECTION BE HELD IN THE CITY OF GORPUS CHRISTI,,TEXAS ON THE 13TH
DAY OF DECEMBER, A.D. 1952, FOR THE PURMSE OF SUB14ITY.ING THE PROPOSITION OF WHETHER OR NOT
THE GOVERNING BODY OF THE CITY OF CORPUS CHRISTI SHALL BE AUTHORIZED TO MAKE AND CAUSE TO BE
EXECUTED THE ABOVE MENTIONED "WATER CONTRACT" WITH THE LOWER NUECES RIVER WATER SUPPLY DIS-
TRICT, SAID CONTRACT BEING AS FOLLOWS, TO -W,IT:
33��
WATER CONTRACT
BETWEEN
LOWER NUECES RIVER WATER SUPPLY DISTRICT
AND
CITY OF CORPUS CHRISTI
Y
THE STATE .OF -TEXAS
z
COUNTY' OF NUECES
THIS AGREEMENT, MADE AND ENTERED INTO BY AND BETWEEN THE LOWER NUECES RIVER WATER SUN
PLY DISTRICT, A MUNICIPAL CORPORATION, AS CREATED BY CHAPTER 159 OF THE ACTS-OF THE 51ST
LEr.13LATURE OF THE STATE OF TEXAS, AT ITS REGULAR SESSION IN 1949 (HEREINAFTER REFERRED TO
AS THE „DISTRICT "), ACTING BY AND THROUGH ITS PRESIDENT AND SECRETARY, HEREUNTO DULY AUTHOR-
IZED BY THE BOARD OF DIRECTORS OF SAID DISTRICT, AND THE CITY OF CORPUS CHRISTI, NUECES COUN-
TY, TEXAS, A MUNICIPAL CORPORATION, ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF
TEXAS (HEREINAFTER REFERRED TO AS THE "CITY"), ACTING BY AND THROUGH ITS CITY MANAGER, HERE-
UNTO DULY AUTHORIZED BY THE CITY COUNCIL OF SAID CITYy
W 1 T N E S S E T H
WHEREAS, THE DISTRICT, BY THE AFOREMENTIONED ACTS. OF ITS CREATION, IS VESTED WITH ALL
THE RIGHTS, POWERS, PRIVILEGES AND DUTIES CONFERRED AND IMPOS�ED-91 THE GENERAL LAWS OF THIS
STATE'NOW IN FORCE OR HEREAFTER'ENACTED AOPWABLE TO WATER CONTROL AND IMPROVEMENT DISTRICTS
GRANTED UNDER AUTHORITY OF SECTION 59, ARTICLE 16 OF THE CONSTITUTION, INCLUDING THE RIGHT TO
ISSUE BONDS FOR ASAND ALL PURPOSES PERMITTED TO WATER CONTROL AND IMPROVEMENT DISTRICTS AND
INCLUDING, BUT WITHOUT LIMITATION OF PURPOSES NOT SPECIFIED, THE ACQUISITION BY CONSTRUCTION
OR OTHERWISE OF PLANTS AND IMPROYEME,NTS FOR STORING, TREATING, PURIFYING, PROTECTING, TRANS-
PORTING, TRANSMITTING, DELIVERY AND DISPOSITION OF, THROUGH SALE OR OTHERWISE,, OF FLOOD,
STORM FLOW OR UNDERGROUND WATER FOR USES PERMITTED BY LAW; AND FURTHER, TO CONTRACT WITH
ANY CITY OR TOWN FOR DELIVERY OF WATER AND TO FIX CHARGES UPON THE BASIS OF THE QUANTITY
OF WATER FURNISHED OR APPROPRIATE MEASURE OF SERVICE RENDERED WITH THE TIME AND MANNER OF
PAYMENT TO BE DETERMINED BY CONTRACT; AND FURTHER, TO ENTER INTO CONTRACT OR-CONTRACTS WITH
ANY TOWN, CITY OR PUBLIC AGENCY SITUATED WHOLLY OR PARTIALLY WITHIN THE BOUNDARIES OF THE
DISTRICT TO OPERATE ALL OR ANY PART OF THE DLSTRICT'S.PROPERTIES, PLANTS AND FACILITIES UP-
ON TERMS AND CONDITIONS TO BE SPECIFIED IN SUCH CONTRACT OR CONTRACTS; AND
El
WHEREAS, UNDER PLANS FORMULATED$ PREPARED AND APPROVED BY THE DISTRICT AND ITS
ENGINEERS FOR THE CONSTRUCTION OF NEW IMPOUNDINR FACILITIES BY „MEANS OF A MEW DAM ON
THE NUECES RIYER JUST-BELOW THE PRESENT MATHIS DAM] THERE IS TO BE CREATED A RESERVOIR
OF MUCH GREATER CAPACITY, OFFERING TO THE CITY A- MUCH'NEEDED AND' 'MORE ABUNDANT SOURCE
OF WATER SUPPLY THAN THAT AFFORDED BY THE PRESENT FACILITIES AT LAKE CORPUS CHRISTI NOW
OWNED BY THE DISTRICT; AND
WHEREAS, BY VIRTUE OF AN ELECTION HELD IN THE DISTRICT FOR SUCH PURPOSE IN ACCORD-
ANCE WITH THE REQUIREMENTS OF LAW THEREUNTO APPERTAINING, THE DISTRICT'S BOARD OF DIRECTORS
HAS BEEN DULY AUTHORIZED AND EMPOWERED TO ISSUFI BONDS OF THE DtSTR-ICT IN AN AMOUNT SUF-
FICIENT TO PERMIT IT TO PERFORM ITS AGREEMENTS WITH RESPECT TO THE CONSTRUCTION AND COMPLt-
TION OF THE NEW RESERVOIR PROJECT AFORESAID] AND
WHEREAS, THE PARTIES ,HERETO CONSIDER THAT IT WILL,BE TO THEIR MUTUAL BENEFIT AND
ADVANTAGE TO ENTER INTO THE COVENANTS AND AGREEMENTS HEREINAFTER SET OUT IN ORDER THAT
r
THE DISTRICT MAY CONSTRUCT THE RESERVOIR PROJECT ANDD THUS AFFORD 211,E CITY A MUCH NEEDED
INCREASE OF WATER SUPPLY AND A MUCH MORE AQ�U Nii ANT SOURCE OF WATER THAN WOULD OTHERWISE
. i
BE AVAILABLE; AND
WHEREAS, THE DISTRICT'* ENGIt4EiRS HAVE 'r !FIRMINED THAT THE AMOUNT OF WATER WHICH WILL
BE AVAILABLE UPON COMPLETION OF THE AFORESAID DAM AND RESERVOIR WILL BE ENTIRELY ADEQUATE
FOR ALL PRESENT AND-'REASONABLY FORES£EABUE' REQUIREMENTS ,T,0 FURNISH THE CITY WITH A DIRELY
NEEDED ADDITIONAL WATER SUPPLY TO INSURE IT THE-ABILITY TO MEET I,TS PRESENT REQUIREMENTS
AND FOR ITS FUTURE GROWTH AND DEVELOPMENT; AND ,
WHEREAS, THE CITY IS NOW THE.QWNER -AND HOLDER OF WATER PERMIT NO. 933 AND ITS AMEND-
MENTS ISSUED BY THE BOARD OF WATER ENGINEERS OF -THE STATE bF TEXXe WHERE' N' THE,SAID CITY
IS AUTHORIZED TO APPROPRIATE AND, USE -INOT TO:•EXMF;D- ,50Oj.000•ACRE FEET OF WATER PER ANNUM
FROM THE UNAPPROPRIATED WATERS OF.THE- NCi£CES RIV£R'- roR-DOMESTIC AND KUNICIPAL,MANUFACTUR-
ING, RECREATION, MINING AND IRRIGATION PURPDSES,.$AD. TO IMPOUND FOR SUCH PURPOSES 500,000
ACRE FEET OF SAID WATERS, THE FULL BENEFIT 'OF WHICH,P£RMIT CAN NOT BE REALIZED BY THE PRE-
SENT-IMPOUNDING FACILITIES; .AND .
WHEREAS, THE PARTIES HERETO HAVE MUTUALLY AGREED UPON THE PROPOSITION THAT IT
15 FEASIBLE AND ECONOMICALLY ADVISABLE TO PROVIDE THAT THE CITY SHALL HEREAFTER OP-
ERATE AND MAINTAIN THE DAM AND IMPOUNDING FACILITIES, AS WELL AS SUCH WELLS, WELL
SITES, PUMPING FOUIPMENT AND GATHERING SYSTEM NOW OWNED BY THE DISTRICT; AND
WHEREAS, PURSUANT TO THE AUTHORITY OF AND IN FULL COMPLIANCE WITH THE PROVISIONS
OF ARTICLE 1109E2 THE DISTRICT AND CITY HAVE HERETOFORE DULY DNTERED INTO A CERTAIN
CONTRACT FOR SUPPLEMENTING THE CITY'S WATER SUPPLY, AND WHICH SAID CONTRACT IS NOW IN
FORCE; AND
WHEREAS, THE SAID INTERIM SUPPLEMENTARY WATER SUPPLY OFFERED THE CITY BY THE
DISTRICT UNDER THE AFORESAID AGREEMENT IS TO BE SUPERSEDED UPON EXECUTION OF THIS
AGREEMENT,THE SAID PREVIOUS "AGREEMENT.OR CONTRACT TO BE HEREBY RESCINDED IN FAVOR
OF THIS AGREEMENT WHICH SHALL THEREUPON TAKE THE PLACE OF AND STAND IN LIEU OF SAID
PREVIOUS AGREEMENT; AND
WHEREAS, THE PARTIES HERETO ARE GIVEN THE POWER TO MAKE AND ENTER INTO THIS
CONTRACT PURSUANT TO THE PROVISIONS OF CHAPTER 3421 ACTS OF THE 51sT LEGISLATURE OF
TEXAS AT ITS REGULAR SESSION IN 1949 (BEING ARTICLE 1109E AS AMENDED), THE SAID
AUTHORITY OF THE CITY TO SO CONTRACT NOW HAVING BEEN CONFIRMED BY AN ELECTION DULY
HELD FOR THAT PURPOSE IN SAID CITY IN ACCORDANCE WITH AND AS REQUIRED BY SAID STATUTE.
NOW, THEREFORE;
IN CONSIDERATION OF THE SUMS TO BE PAID BY THE CITY AND THE OBLIGATIONS TO BE
DISCHARGED BY THE DISTRICT UNDER THE TERMS AND PROVISIONS HEREOF HEREINAFTER SPECI-
FIED AND OF THE OTHER MUTUAL COVENANTS AND AGREEMENTS HEREIN CONTAINED, THE PARTIES
HERETO DO HEREBY AGREE AND BIND THEMSELVES UNTO EACH OTHER AS FOLLOWS:
SECTION 1. UPON THE EXECUTION OF THIS CONTRACT THE DISTRICT SHALL PROCEED AS
EXPEDITIOUSLY AS MAY BE REASONABLY POSSIBLE TO CONSTRUCT AND COMPLETE THE RESERVOIR
PROJECT IN ACCORDANCE WITH THE PLANS AND SPECIFICATIONS THEREFOR HERETOFORE FINALLY
APPROVED BY THE DISTRICT AND ITS ENGINEERS, AND WHICH ARE ACCEPTABLE TO THE CITY.
THE DISTRICT COVENANTS, HOWEVER, THAT THE CITY SHALL BE PROTECTED IN ITS USE OF THE
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•
S
Y
PRESENT RESERVOIR AND WELL AND PUMPING FACILITIES TO THE END THAT THE CITY SHALL
CONTINUE TO HAVE A SUPPLY OF WATER UNINTERFF.RED WITH BY AND DURING CONSTRUCTION
OPERATIONS.
SECTION 2. IT IS UNDERSTOOD THAT THE CITY SHALL NOT BE NOR BECOME LIABLE
TO THE DISTRICT OR TO ANY OTHER PERSON OR PERSONS FOR ANY PART OF THE COST OR EX-
PENSE OF ACQUIRING OR CONSTRUCTING SAID DAM AND IMPOUNDING FAC,ILITIES, OR FOR ANY
PART OF ANY COST OR EXPENSE ARISING OUT OF ANY CLAIM OF ANY KIND OR CHARACTER FOR
DAMAGES OR COMPENSATION FOR TAKING POSSESSION OF OR THE FLOODING OR SUBMERGENCE OF
ANY LANDS OR FOR THE CONSTRUCTION OF SAID DAM OR ANY OTHER INSTALLATION COMPRISING
THE DISTRICTS RESERVOIR PROJECT, IT BEING ESPECIALLY UNDERSTOOD AND AGREED BY THE
PARTIES THAT THE ACQUISITION AND OWNERSHIP OF SAID DAM AND RESERVOIR SHALL BE SOLE-
LY THE RESPONSIBILITY AND LIABILITY OF THE DISTRICT, AND THE CITY, EXCEPT AS HEREIN
PROVFDEDj SHALL NOT AND WILL NOT CLAIM OR ASSERT ANY OWNERSHIP RIGHTS OF ANY KIND IN
SAID LAND OR RESERVOIR PROJECT. IT IS ALSO UNDERSTOOD AND AGREED THAT THE DISTRICT
SHALL HEREIN INDEMNIFY AND SAVE THE CITY HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS
OF EVERY KIND AND CHARACTER ARISING OUT OF OR INCIDENT TO THE PURCHASE, ACQUISITION
AND CONSTRUCTION OF SAID RESERVOIR PROJECT AND THE USE AND FLOODING OF ANY AND ALL
RESERVOIR'LANDS. ALSO THE CITY SHALL NOT BE LIABLE FOR AND THE DISTRICT SHALL SAVE
IT HARMLESS FROM ANY CLAIMS OF ANY KIND OR CHARACTER WHICH MAY RESULT FROM DEFECTIVE
ENGINEERING OR DEFECTIVE CONSTRUCTION OF THE IMPOUNDING FACILITIES TO BE CONSTRUCTED
BY THE DISTRICT, AND THE DISTRICT SHALL AT ITS SOLE EXPENSE REPLACE AND REPAIR ANY OF
SUCH FACILITIES AS MAY BE PROVEN TO BE DEFECTIVE OR SHALL FAIL ON ACCOUNT OF FAULTY
ENGINEERING OR ORIGINAL CONSTRUCTION. TO THIS END, THE DISTRICT SHALL REQUIRE APPRO-
PRIATE CONSTRUCTION BONDS TO GUARANTEE THE CONSTRUCTION OF THE FACILITIES IN ACCORD
ANCE WITH THE PLANS AND SPECIFICATIONS AS PREPARED BY THE ENGINEER AND APPROVED BY
THE DISTRICT. ,
SECTION 3, THE CITY AGREES AND COVENANTS THAT WHEN THE DAM AND IMPOUNDING,FACIL�
]TIES HAVE BEEN COMPLETED AND HAVE BEEN APPROVED BY THE DISTRICTS ENGINEER AND ACCEPT-
ED BY THE DISTRICT FROM THE CONTRACTOR OR CONTRACTORS TO BE ENGAGED BY THE DISTRICT FOR
S
SUCH CONSTRUCTION, AND ACCEPTED BY THE CITY, SUCH CITY WILL FROM AND AFTER SUCH ACCEPT-
ANCE, AND CONTINUING DURING THE TERM HEREOF, ASSUME ALL LIABILITY AND RESPONSIBILITY
FOR THE UP -KEEP, OPERATION, MAINTENANCE AND REPAIR OF SAID DAM AND ALL OTHER FACILITIES
NECESSARY TO SAID RESERVOIR PROJECT AND AGREES AT ITS SOLE COST AND EXPENSE TO AT ALL
TIMES KEEP AND MAINTAIN SAID DAM AND OTHER FACILITIES IN A SAFE AND ACCEPTABLE OPERATING
CONDITION AND REPAIR. SHOULD ANY PART OF SAID DAM OR OTHER FACILITIES COMPRISING A
PART OF SAID RESERVOIR PROJECT BE DAMAGED OR DESTROYED BY REASON OF ANY ACT OR NEGLI-
GENCE OF THE CITY, THE CITY SHALL WITHOUT DELAY CAUSE SAID DAMAGES OR DESTROYED PRO-
PERTY TO BE REPAIRED AND RESTORED TO ITS ORIGINAL SAFE AND ACCEPTABLE OPERATING CON-
DITION. THE DISTRICT AGREES TO PROVIDE AND MAINTAIN POLICIES OF INSURANCE OFFERING
COVERAGE AND PROTECTION DEEMED ADEQUATE BY THE DISTRICT AND THE CITY AGAINST DAMAGE
OR LOSS OF THE RESERVOIR FACILITIES DURING CONSTRUCTION AND FOR A MINIMUM PERIOD OF
THREE YEARS AFTER CONSTRUCT(ON IS COMPLETED, AND FURTHER, AFTER ACCEPTANCE BY THE
CITY, TO CONTRIBUTE ALL MONIES RECEIVED FROM LOSSES,UNDER SUCH INSURANCE TO THE COST
OF REPAIRING THE DAMAGE AND TO THE RESTORATION OF THE FACILITIES. THE CITY AGREES
AFTER SAID ACCEPTACE IT WILL PAY THE COST AND EXPENSE OF REPAIR AND RESTORATION OF
DAMAGE CAUSED BY ANY ACT OR'NEGLIGENCE OF THE CITY OVER AND ABOVE THE AMOUNTS WHICH
MAY BE DERIVED FROM INSURANCE AS AFORESAID.
SECTION 4. IT IS EXPRESSLY PROVIDED THAT SHOULD THE DISTRICT'S ENGINEERS CON-
SIDER THAT ANY PART OF SAID DAM OR ANY:OTHER FACILITIES COMPRISING THE SAID PRPJECT BE
DANGEROUS AND SUBJECT TO DAMAGE AND DESTRUCTION BECAUSE OF NEGLECT ON THE PART OF THE
CITY, AND SHOULD THE CITY'S ENGINEERS CONSIDER THAT THE SAME IS NOT IN SUCH DANGEROUS
CONDITION, THE MATTER IN DISPUTE SHALL BE REFERRED TO A RECOGNIZED CIVIL ENGINEER AC-
CEPTABLE TO THE CITY AND THE DISTRICT, WHOSE DECISION SHALL BE FINAL AND BINDING UPON
THE PARTIES HERETO. IN THE EVENT SUCH ENGINEER SHALL FIND SAID DAM OR ANY OTHER FACIL-
ITIES COMPRISING A PART OF THE SAID RESERVOIR PROJECT TO BE DANGEROUS AND SUBJECT TO
DAMAGE OR DESTRUCTION BECAUSE OF NEGLECT ON THE PART OF SAID CITY, THE CITY SHALL IM-
MEDIATELY'PROCEED TO REPAIR SUCH CONDITIONS. IT IS UNDERSTOOD AND AGREED THAT, SHOULD
ANY SUCH DESTRUCTION OR DAMAGE OCCUR OR SUCH THREATENED DESTRUCTION OR DAMAGE BE ES-
TABLISHED, THE CITY WILL PROCEED WITHIN THIRTY DAYS THEREAFTER TO BEGIN THE RESTORATION
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OF SAID RESERVOIR PPOJECT, CONTINUING HOWEVER, AT ALL TIMES THE PAYMENT OF ALL SUMS
DUE THE DISTRICT HEREUNDER. SHOULD THE CITY FAIL TO BEGIN THE SAID RESTORATION AND
REPAIR OF SUCH DAM AND RESERVOIR PROJECT WITHIN SAID THIRTY DAYS OR SHOULD RESTORA-
TION OR PEPAIR WORK ONCE BEGUN BY THE CITY BE DISCONTINUED FOR ANY PERIOD OF THIRTY
CONSECUTIVE DAYS OR MORE, THE DISTRICT MAY AT ITS OWN OPTION AND ELECTION MAKE SUCH
RESTORATION AND REPAIRS AND IN SUCH EVENT THE CITY SHALL BE FULLY OBLIGATED TO REIM-
BURSE THE DISTRICT THEREFOR TO THE EXTENT OF THE ACTUAL COST THEREOF, WHICH REIMBURSE-
MENT SHALL BE OVER AND ABOVE AND IN ADDITION TO ALL OTHER CHARGES HEREINAFTER PRESCRIB-
ED TO BE PAID BY THE CITY.
SECTION 5• THE CITY,F,URTHER AGREES THAT UPON THE EXECUTION HEREOF AND DURING
THE TERM OF THIS CONTRACT, IT WILL TAKE OVER AND BE RESPONSIBLE FOR THE UP -KEEP, OP-
ERATION, MAINTENANCE AND REPAIR OF ALL WELLS WELL SITES, PUMPING EQUIPMENT AND THE
GATHERING SYSTEM PERTAINING THERETO NOW OWNED BY THE DISTRICT. AT SUCH TIMES AS THE
CITY SHALL DETERMINE THAT SUCH WELLS, WELL SITES, PUMPING EQUIPMENT AND GATHERING SYS-
TEM ARE NO LONGER REQUIRED TO SUPPLY WATER FOR THE CITY'S USE, THE UP -KEEP, OPERATION,
MAINTENANCE AND REPAIR SHALL REVERT TO THE DISTRICT.
SECTION 6. THE CONSTRUCTION, MAINTENANCE AND OPERATION OF RECREATION OR OTHER
FACILITIES OR IMPROVEMENTS ON LANDS OF THE DISTRICT APPURTENANT TO THE RESERVOIR PRO-
JECT AND ALL LEASE AGREEMENTS WITH RESPECT THERETO OR WITH RESPECT TO ANY OTHER LAW-
FUL USE TO WHICH THE PROPERITES MAY BE PUT SHALL BE ACCOMPLISHED ONLY BY MUTUAL AGREE-
MENT BETWEEN THE DISTRICT AND THE CITY, AND ALL REVENUES DERIVED THEREFROM SHALL BE
THE PROPERTY OF THE CITY.
SECTION 7. IT IS AGREED AND UNDERSTOOD BY THE PARTIES HERETO THAT THE CITY SHALL
INDEMNIFY AND SAVE THE DISTRICT HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS OF EVERY
KIND AND CHARACTER ARISING OUT OF OR INCIDENT TO THE OPERATION AND MAINTENANCE OF THE
IMPOUNDING FACILITIES WELL FIELD FACILITIES, AND RECREATIONAL OR OTHER FACILITIES LO-
CATED ON LANDS OF THE DISTRICTS AND FROM ANY CLAIMS ARISING FROM THE GRANTING OR OP-
ERATION OF CONCESSIONS THEREON, OR THE EXECUTION OF LEASES THEREOF.
SECTION 8. IT IS UNDERSTOOD AND AGREED THAT THE CITY SHALL USE REASONABLE DILI-
GENCE- TO PREVENT THE POLLUTION OR CONTAMINATION OF ANY OF THE WATER - SUPPLY REFERRED
TO HEREIN FROM ANY CAUSE, INCLUDING THAT WHICH MIGHT RESULT FROM THE EXPLORATION FOR
.•1 . 7s
t AND DEVELOPMENT OF OIL, GAS OR OTHER MINERALS, IT 15 FURTHER AGREED AND UNDERSTOOD'
THAT THE CITY SHALL ABIDE BY AND ENFORCE ALL REASONABLE RULES AND REGULATIONS AS MAY
HE ESTABLISHED AND PROMULGATED BY THE DISTRICT FOR THE PREVENTION OF POLLUTION AND
CONTAMINATION.
SECTION 9. THE DISTRICT SHALL GRANT AND DOES HEREBY GRANT UNTO THE CITY ALL
NECESSARY EASEMENTS AND RIGHTS -OF -WAY TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS
OF, ALONG, AND ACROSS ALL LAND$ OWNED BY THE DISTRICT OR HEREAFTER ACQUIRED BY IT IN
SAID RESERVOIR PROJECT. SUCH EASEMENTS AND RIGHTS -OF -WAY SHALL BE GRANTED TO THE CITY
FOR THE OPERATION AND MAINTENACE OF SAID PROJECT.
SECTION 10. IT IS MUTUALLY AGREED AND UNDERSTOOD THAT THE CITY SHALL HAVE COM-
PLETE AND EXCLUSIVE RIGHTS TO ALL WATER IMPOUNDED BY THE RESERVOIR PROJECT DURING THE
TIME THIS CONTRACT SHALL REMAIN IN FORCE., THE CITY BINDS AND OBLIGATES ITSELF, HOW-
EVER, THAT IT WILL OFFER TO AND PROVIDE ALL INHABITANTS OF THE DISTRICT WITH WATER SER-
VICE UPON A BASIS OF EQUALITY AND UNIFORMITY WITHOUT DISCRIMINATION IN ACCORDANCE WCTH
THE CfTY'S RATE SCHEDULES AND REQUIREMENTS APPLICABLE TO THE VARIOUS CLASSIFICATIONS
OF SERVICE, INCLUDING SUCH REQUIREMENTS AS THE CITY MAY PRESCRIBE FOR SUBDIVISIONS AND
NEW CONSUMERS.
SECTION 11. FOR AND IN CONSIDERATION OF THE DISTRICT'S.UNDERTAKING THE CONSTRUC-
TION OF THE NEW RESERVOIR PROJECTS ITS PERMITTING THE CITY TO TAKE AND RECEIVE WATER
FROM THE PRESENT RESERVOIR FACILITIES AND WELLS OWNED BY THE DISTRICT IN ACCORDANCE WITH
THE PROVISIONS HEREOF, THE CITY COVENANTS AND AGREES THAT UPON THE EXECUTION HEREOF AND
DURING THE PERIOD REQUIRED IN THE CONSTRUCTION AND COMPLETION OF THE RESERVOIR PROJECT,
AND IN ADDITION TO PERFORMING ALL OTHER OBLIGATIONS IMPOSED UPON IT BY THE TERMS OF
THIS AGREEMENT, SUCH CITY WILL WELL AND TRULY PAY TO THE DISTRICT THE SUM OF $25,000.00
ON OR BEFORE THE 15TH DAY OF EACH MONTH NEXT SUCCEEDING THE DATE OF THE EXECUTION OF ,
THIS CONTRACT (CONSTRUCTION PERIOD), SUCH MONTHLY PAYMENTS TO CONTINUE UNTIL THE RE-
SERVOIR PROJECT HAS BEEN COMPLETED AND ACCEPTED'BY THE DISTRICT. UPON THE COMPLETION
AND ACCEPTANCE OF SAID RESERVOIR PROJECT BY THE DISTRICT, THE CITY SHALL WELL AND TRULY
PAY TO THE DISTRICT THE SUM OF .$40,000 ON OR BEFORE THE 15TH DAY OF EACH MONTH NEXT
SUCCEEDING THE DATE OF COMPLETION AND ACCEPTANCE OF THE RESERVOIR PROJECT POST
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CONSTRUCTION PERIOD), SUCH MONTHLY PAYMENTS TO CONTINUE AS THE MINIMUM AMOUNTS TO BE
DUE THE DISTRICT SO LONG AS THIS CONTRACT SHALL REMATN IN FORCE. IN CONSIDERATION OF
THE AFORESAID MINIMUM MONTHLY PAYMENTS OF $40,000.00 AFTER COMPLETION AND ACCEPTANCE
OF THE RESERVOIR PROJECT (POST CONSTRUCTION PERIOD), THE CITY SHALL BE ENTITLED TO TAKE
AND RECEIVE FROM THE RESERVOIR FACILITIES A MAXIMUM OF FOURTEEN BILLION (14,000,000,000)
GALLONS OF WATER PER YEAR. THE CITY FURTHER AGREES THAT IT -SHALL BE OBLIGATED TO PAY
FOR ALL AMOUNTS OF WATER TAKEN AND RECEIVED BY IT IN EXCESS OF FOURTEEN BILLION (14,000,
000,000) GALLONS IN ACCORDANCE WITH THE FOLLOWING SCHEDULE:
(A) 14,000,000,001 GAL40NS TO 25,000,0001000 GALLONS AT THE RATE
OF 3 1/4¢ PER 1,000 GALLONS;
(B) 25,000,000,001 GALLONS TO 30,000,000,000 GALLONS AT THE RATE
OF 3¢ PER 1,000 GALLONS;
(C) 30,000,000,001 GALLONS TO 35,000,000,000 GALLONS AT THE RATE
OF 2¢ PER 1,000 GALLONS;
(D) ALL OVER 35,000,000,000 GALLONS AT THE RATE OF 1 112¢ PER 1,000
GALLONS.
THE CITY SHALL WELL AND TRULY PAY TO THE DISTRICT ALL SUCH ADDITIONAL PAYMENTS AS MAY
BECOME DUE UNDER THE FOREGOING SCHEDULE, ON OR BEFORE THE 15TH DAY OF THE MONTH NEXT
SUCCEEDING THE END OF EACH TWELVE MONTHS POST CONSTRUCTION PERIOD. AFTER THE COMPLETION
OF THE NEW RESERVOIR FACILITIES AND THE CITY'S ACCEPTACE THEREOF, THE DISTRICT AGREES
IHAT SHOULD ANY EVENT OR CONDITION ARISE NOT ATTRIBUTABLE TO ANY ACTS OR NEGLIGENCE OF
THE CITY RESULTING IN THE RESERVOIR SUPPLY BEING INADEQUATE TO PERMIT THE CITY TO TAKE
DELIVERIES OF WATER IN THE AMOUNT OF AT LEAST ONE BILLION (1,0001000,000) GALLONS PER
MONTH, THE CITY SHALL BE OBLIGATED TO PAY ONLY THE SUM OF THREE AND ONE -HALF CENTS
(3 120) PER 1,000 GALLONS OF WATER RECEIVED BY IT FROM SAID FACILITIES IN EACH SUCH
MONTH. ALL AMOUNTS TO BE RECEIVED BY THE DISTRICT, AS ABOVE PROVIDED, SHALL BE PAID
BY THE CITY OUT OF AND FROM THE GROSS OPERATING INCOME AND REVENUES DERIVED FROM ITS
WATER SYSTEM, SUCH AMOUNTS TO CONSTITUTE NORMAL AND NECESSARY OPERATING EXPENSE OF
SUCH SYSTEM, AND THE DISTRICT SHALL HAVE NO RIGHT TO DEMAND PAYMENT OUT OF ANY FUNDS DE-
RIVED FROM TAXATION.
SECTION 12. FOR THE PURPOSE OF MEASURING THE QUANTITIES OF WATER TAKEN AND RE-
CEfVED BY THE CITY DURING THE POST CONSTRUCTION PERIOD FOR COMPUTATION OF THE PAYMENTS
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TO BE MADE BY THE CITY TO THE DISTRICT DURING SUCH PERIOD, AS HEREINABOVE PROVIDED, THE
CITY AGREES AT ITS OWN EXPENSE TO INSTALL IN SUITABLE PLACES AGREEABLE TO THE DISTRICT
SUCH MASTER METERS, CHECK METERS AND RECORDING DEVICES AS ARE-MUTUALLY SATISFACTORY
TO THE PARTIES IN ORDER TO MEASURE ALL WATER WHICH SHALL BE RECEIVED FROM THE RESERVOIR
PROJECT BY THE CITY OR ANY PERSON, FIRM, CORPORATION OR MUNICIPALITY, WHO SHALL HAVE
CONTRACTS WITH THE CITY TO TAKE 4ATER FROM SAID RESERVOIR PROJECT2 AND SUCH AS WILL PER -
KIT THE DETERMINATION OF QUANTITIES IN UNITS OF 1,000 GALLONS2 OR IN SUCH UNITS AS
MAY BE READILY CONVERTED INTO 1,000 GALLON QUANTITIES. THE CITY SHALL CAUSE THE WATER
METERS AND RECORDING DEVICES TO BE READ ON THE 1ST DAY OF EACH MONTH BY ITS REPRESENTA-
TIVE AND ONE REPRESENTATIVE OF THE DISTRICT SHALL BE PRESENT AT SUCH READINGS UNLESS
THE DISTRICT SHALL ON ANY SUCH OCCASION WAIVE ITS RIGHT TO BE REPRESENTED. THE DULY
AUTHORIZED REPRESENTATIVES OF BOTH PARTIES SHALL HAVE FREE ACCESS TO SAID METERS AND
RECORDING DEVICES AT ALL REASONABLE TIMES. ON ANY READING DATE, MASTER METERS AND CHECK
METERS SHALL BE READ SIMULTANEOUSLY; AND, IF THE TOTAL AMOUNT OF WATER RECORDED IS SUB-
STANTIALLY THE SAME, THE DIFFERENCE IN READING BEING WITHIN THE TOLERANCE FOR ERRORS
PERMITTED FOR EACH METER, THEN THE AVERAGE READINGS SHALL BE ACCEPTED AS CORRECT. IF,
HOWEVER, THE DIFFERENCES CAN NOT BE ACCOUNTED FOR WITHIN PERMISSIBLE TOLERANCES, AC-
TUAL TESTS SHALL BE MADE AT THE CITY'S EXPENSE OF ANY METER WHICH APPEARS TO BE INAC-
CURATE, AND THE ONE SHOWN TO BE ACCURATE WITHIN THE TOLERANCES PERMITTED SHALL BE AC-
CEPTED AS CORRECT. SHOULD NONE OF THE METERS FUNCTION WITHIN THE PERMISSIBLE TOLERANCES,
THEN THE MEASUREMENTS OF WATER SHALL BE DETERMINED BY JOINT AGREEMENT BETWEEN REPRESENTA-
TIVES OF THE DISTRICT AND THE CITY. SAID METERS SHALL BE INSPECTED AND TESTED EVERY.
SIX MONTHS BY AND AT THE EXPENSE OF THE CITY, OF WHICH TEST THE CITY SHALL GIVE THE
DISTRICT REASONABLE NOTICE AND THE DISTRICT SHALL HAVE THE RIGHT TO HAVE A REPRESENTA-
TIVE PRESENT. IN ADDITION, EITHER PARTY MAY AT ITS OWN EXPENSE AND UPON FIVE DAYS NO-
TICE TO THE OTHERS INSPECT AND TEST SAID METERS. THE CITY SHALL NOT LATER THAN THE 5TH
DAY OF EACH MONTH FURNISH THE DISTRICT A COPY OF THE RESULTS OF EACH MONTHLY READING
FOR THE DISTRICT'S RECORDS. ALL BILLINGS FROM THE DISTRICT TO THE CITY FOR MONTHLY
PAYMENTS TO BE MADE BY THE CITY UNDER THE PROVISIONS OF SECTION 11 HEREOF SHALL BE
BASED UPON AND COMPUTED BY THE MONTHLY READINGS TAKEN AS AFORESAID.
-9-
SECTION 13. IT IS AGREED AND UNDERSTOOD THAT THE DISTRICT WILL PREPARE AND FURNISH
THE CITY BILLS OR STATEMENTS FOR ALL AMOUNTS DUE TO BE PAID THE DISTRICT FOR WATER TAKEN
AND RECEIVED BY THE CITY ON OR BEFORE THE 10TH DAY OF EACH•MONTH AND THAT THE CITY WILL
REMIT SUCH AMOUNTS TO THE DISTRICT ON OR BEFORE THE-15TH DAY OF THE SAME MONTH. SHOULD
THE CITY FOR ANY REASON FAIL TO MAKE SUCH PAYMENTS AS THUS PRESCRIBED IT SHALL BE LIABLE
FOR, AND IN ADDITION TO THE AMOUNTS BILLED, AGREES TO PAY THE DISTRICT $25.00 'FOR EACH
DAY IT I$ DELINQUENT IN THE PAYMENT OF ANY MONTHLY STATEMENT.
SECTION A. IT IS FURTHER AGREED AND UNDERSTOOD THAT THE CITY SHALL RETA4N OWNER-
SHIP OF THE WATER PERMITS HERETOFORE ISSUED TO IT BY THE BOARD OF WATER ENGINEERS OF THE
STATE OF TEXAS, AS MENTIONED IN THE PREAMBLE HEREOF, AND THAT SUCH WATER PERMITS NEED NOT
BE ASSIGNED OR TRANSFERRED TO THE DISTRICT. THE CITY HEREBY AGREES, HOWEVER, THAT THE
DISTRICT SHALL HAVE FULL AND COMPLETE RIGHT TO POSSES4 AND IMPOUND FOR THE CITY ALL WATERS
WHICH THE CITY IS AUTHORIZED TO APPROPRIATE UNDER THE AFORESAID PERMITS, AND THAT THE DIS-
TRICT SHALL ACT AS THE CITY'$ AGENT IN EXERCISING WATER RIGHTS,UNDER SUCH PERMITS.
SECTION 15� THE DISTRICT AGREES THAT SO LONG AS THIS CONTRACT SHALL BE IN FORCE,
IT WILL NOT ENTER INTO ANY OTHER CONTRACT TO SUPPLY WATER OUT OF THE RESERVOIR PROJECT
HEREIN CONTEMPLATED. THE CITY AGREES THAT SURPLUS WATER WILL BE MADE AVAILABLE BY IT
UNDER APPROPRIATE CONTRACTS WITH MUNICIPALITIES AND OTHER•CONSUMERS LOCATED OUTSIDE THE
DISTRICT AND WITH AGRICULTURAL USERS FOR IRRIGATION PURPOSES EitHER WITHIN OR WITHOUT THE
DISTRICT. IT IS PROVIDED, HOWEVER, THAT PRIOR TO ENTERING INTO SUCH CONTRACTS THE CITY
SHALL FIRST HAVE THE APPROVAL OF THE DISTRICT. WITH REGARD TO SURPLUS WATER SOLD,TO MUNI-
CIPALITIES AND OTHER CONSUMERS OUTSIDE THE DISTRICT, IT IS AGREED THAT THE CITY SHALL COM-
PENSATE THE DISTRICT THEREFOR UNDER THE PROVISIONS,OP SECTION It HEREOF, BUT THAT AS RE-
GARDS ANY SURPLUS WATER SOLD FOR IRRIGATION PURPOSES, IT IS AGREED THAT THE COMPENSATION
RECEIVED THEREFROM BY THE CITY SHALL BE DIVIDED BETWEEN THE CITY AND THE DISTRICT UNDER
ARRANGEMENTS ARRIVED AT WHEN THE CONTRACT THEREFOR IS PRESENTED TO THE-DISTRICT FOR ITS
APPROVAL, AND THAT ANY AND -ALL AMOUNTS TO BE RECEIVED BY THE DISTRICT UNDER SUCH ARRANGE-
MENTS FOR IRRIGATION PURPOSES SHALL BE IN ADDITION TO THOSE AMOUNTS TO WHICH IT SHALL-BE
ENTITLED, AND THE WATER $O TAKEN SHALL NOT BE CONSTRUED AS WATER RECEIVED BY THE CITY, UN-
DER THE PROVISIONS OF SECTION IT HEREOF. AS U$ED.IN THIS SECTION, THE TERM "SURPLUS WATER"
SHALL BE CONSTRUED TO .MEAN WATER NOT NECESSARY TO MEET THE REQUIREMENTS OF CONSUMERS WITH-
IN THE DISTRICT, OTHER THAN IRRIGATION USERS, OR TO FULFILL THE CITY 'S CONTRACTS IN EXISTENCE
_I0_
AT THE TIME OF THE EXECUTION OF THIS AGREEMENT, AND CONTRACTS SUBSEQUENTLY EXECUTED UNDER
THE PROVISIONS HEREOF.
SECTION 16. THIS AGREEMENT SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER THE
DATE OF ITS EXECUTION AND SHALL CONTINUE IN EFFECT FOR A TERM OF THIRTY YEARS THEREAFTER,
PROVIDED HOWEVER., THAT IN THE EVENT ALL BONDS AND OTHER INDEBTEDNESS OF THE DISTRICT RE-
LATING TO THIS RESERVOIR PROJECT AS SHOWN BY THE PECORDS OF THE DISTRICT HAVE BEEN FULLY
PAID, DISCHARGED, REDEEMED AND RETIRED PRIOR TO THE EXPIRATION•QF SAID THIRTY YEAR TERM,
THEN THIS CONTRACT SHALL BE CONSIDERED TO HAVE EXPIRED AND BE TERMINATED AT SUCH EARLIER
DATE AND SHALL NOT CONTINUE IN EFFECT OR BE BINDING UPON EITHER OF THE PARTIES HERETO UP-
ON SUCH EARLIER TERMINATION. SHOULD THIS CONTRACT BE TERMINATED UPON EXPIRATION OF THE
30 YEAR PERIOD AFORESAID BUT PRIOR TO THE RETIREMENT OF ALL THE DISTRICT'S BONDS AND OTHER
INDEBTEDNESS RELATING TO THIS PROJECT, THE PARTIES AGREE TO ENTER INTO A NEW CONTRACT WITH
THE PROVISIONS THEREOF TO BE BASED ON CIRCUMSTANCES PREVAILJNG AT THAT TIME BUT PROVIDING
AMONG OTHER THINGS THAT THE CITY SHALL PAY FOR WATER RECEIVED BY IT FROM THE DISTRICT'S
RESERVOIR FACILJOYES ONLY SUCH RATES AS,MAY PROVIDE THE DISTRICT WITH THE AMOUNTS REQUIR-
ED TO PAY AND DISCHARGE ITS THEN OUTSTANDING BONDS AND OTHER INDEBTEDNESS RELATING TO THIS
PROJECT, WHEN DUE, AND TO PROVIDE THE DISTRICT WITH SUCH AMOUNTS AS MAY BE REQUIRED TO '
MEET ITS REASONABLE ADMINISTRATIVE AND OPERATIONAL EXPENSES. SHOULD THIS CONTRACT BE TER-
MINATED PRIOR TO THE EXPIRATION OF THE 30 YEAR PERIOD AFORESAID THROUGH THE PREVIOUS RE-
TIREMENT OF ALL THE DISTRICT'S BONDS AND OTHER INDEBTEDNESS•RELATING TO SUCH PROJECT ORS
UPON THE TERMINATION OF ANY. NEW CONTRACT ENTERED INTO UPON EXPIRATION OF THE ORIGINAL 3Q
YEAR-PERIOD AS ABOVE PROVIDED FOR, THEN THE CITY SHALL HAVE THE OPTION OF TAKING TITLE TO
• e
THE RESERVOIR PROPEPITES FROM THE DISTRICT UNDER SUCH PROCEDURE -AND FOR'SDOHr.MINIMVM PAYN•',
MENT AS MAY BE REQUIRED BY LAW AT THAT TIME, AND UNDER AGREEMENTS GIVING FULL RECOGNIATIDN
TO THE RIGHTS OF THE DISTRICT'S INHABITANTS TO CONTINUE TO RECEIVE WATER FROM THE RESERVOIR
FACILITIES UNDER SUCH RATE SCHEDULE AS THE CITY MAY BE FURNISHING WATER TO OTHER CONSUMERS
SIMILARLY SITUATED. IT 15 FURTHER PROVIDED THAT THE CITY MAY AT ANY TIME TENDER THE DIS-
TRICT THE AMOUNT OF MONEY REQUIRED TO PAY OFF AND DISCHARGE ALL THE DISTRICT'S BONDS AND
OTHER INDEBTEDNESS RELATING TO SAID PROJECT OUTSTANDING AT SUCH TIME, AND IN THAT EVENT "
THE DISTRICT SHALL BE OBLIGATED TO DEVOTE SUCH MONEY TO THE DISCHARGE AND RETIREMENT OF
—Ij-
gUQH BONDS AND OTHER INDWTEDNESS.RELATING TO SAID PROJECT IN ACCORDANCE WITH LAW AND
IN COMPLIANCE WITH THE.REDEMPTION PROVISIONS PERTAINING TO SUCH BONDS AND OTHER INDEBTED -
NESS,RELATI%q TO SAID PROJECT, AND WHEN SAME HAVE BEEN RETIRED. AND•CANCELLED,'THIS CON-
, �
TRACT SHALL TERMINATE AS ABOVE PRQVIDEO.
SECTION 17. IT IS FURTHER UNDERSTOOD AND AGREED BY EACH -OF THE.•PARTTE3 HERETO THAT
WHERE, DUE 1•0 ACT§ OF GOD, PUBLIC CALAMITY, INABILITY TO PROCURE LABOR AND MATERIAL, OR
OTHER CAUSE.REASONAIB,Y BEYONG THE DISTRICT'S CONT,ROL,.•IT is UNABLE T4 CONSTRUCT, OR IS
DELAYED IN THE CONSTRUCTION OF THE RESERVOIR PROJECT, 1,T $HAL4 NOT QE HOLD IN DEFAULT OF
THE PROVISIONS HEREOF AND NOT BE LIABLE TO THE CITY IN AMY, MANNER -OR SUM M0,180EVERA, IN
THE .EVENT* HOWEVER, THAT FOR REASONS.BEYOND ITS_CONTWOL, THE DISTRICT SHALL BE,}NTERRUPT+
ED.•I N THE CQNSTRUCTION OF THE RESERVOIR PROJECT,, 04E SOWN,- A W: A T, SHOUTA AfPF.AR THE
IiI$TRTCT W14L NEVER BE ABLE TO C09PLETE-SAME WITHOUT F,INXNCX,ILL ASS.ISTANCE,••THE•C;T.Y.MAY,
AT ITS OPT,IQN, GIVE -SUCH FIMANC,IAL A64ISTANCE A5.4T I1,Al LEGALLY GIVE IN ORDERjo COMPLETE
THE PROJECT. JN SUCH .EVENT THE PARTIES $HALL $E £MPQWZRrZ TO RENEGOTIATE AND.REFQRN THE
TERMS OF THIS AGSEEMENT TO ACCORD WITH THE CIRCUMSTANCES THEN EXISTING.
SECTION 18. IN ORDER TO RAKE THIS CONTRACT. FULLY BINDYHG,. EACH .,OF -THE PARTIES,HAS
BEEN DULY AUTHORIZED HEREUNTO AND IN THE EXECUT,IOM HEREOF BY P3IOPER ORDIHANC£ OR RF.SOLV-
TION OF ITS RBSPECIIVE GOVERNING BODY, CERTIFIED COPIES OF WHICH ARE ATTACHED HERETO.
SECTION 19. ALL OF -THE TERMS, CONDITIONS AND 061.1GATIONS OF THIS AGREEMENT SHALL gC
SINDINR UPON AND INURE TO THE SENEF•IT OF THE PARTIES•.HERtTO, THEIR SUCCES$DRS AND ASSIGNS,
BUT NEITHER PARTY SHALL ASSIGN THIS CONTRACT OR ANY 4'ARt THEREOF WIYHOUT,THE•PRIOR•WR(TTEN
CONSENT. OF THE OTHER.
SECTION 20. UPON THE EXECUTXON OF THI$.CONTRACT IN CONFORM47Y WITH AND PURSUANT
TO THE AUTHORITY OF ARTICLE 1109E, VERNON'S ANNOTATED TEXAS-.CIYIL STA.T.UTES, 1925, AS
AMENDED, THE CONTRACT IF THE SAME PARTIES ENTERED 1.N70 ON THE.I6TH DAY OF NOVENBrA, A.
D. 1950, SHALL BE WHOLLY SUPERSEDED.HEREBY AND UPON THIS CONT,RXCT,BEING IN FVI L FORCE AND
EFFECT SAID PREVIOUS CONTRACT SHALL BE RESCINDED, OTHERWI,SE.T0 REMAIN BINDING AND FULLY
OPERATIVE.
-12—
�r
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE CAUSED THIS INSTRUMENT TO BE EXECUTED
BY THEIR DULY AUTHORIZED REPRESENTATIVES, THIS THE DNY OF
A.D. 195,
LOWER NUECE$.R]VER WATER SUPPLY DISTRICT
BY
PRESIDENT
ATTEST:
SECRETARY y
APPROVED AS TO LEGAL FORM:
ATTORNEY FOR LOWER NuzcEs RIVER -
WATER SUPPLY DIBiRICT
CITY OF CORPUS CHRISTI, TEXAS
BY
CITY MANAGER
ATTEST:
CITY SECRETARY
APPROVED AS TO LEGAL FORMS
CITY ATTORNEY
D
SECTION II. AT THE SAID ELECTION HEREIN ORDERED ONLY QUALIFIED ELECTORS OF THE
CITY OF CORPUS CHRISTI WHO OWN TAXABLE PROPERTY THEREIN AND WHO HAVE DULY RENDERED THE
SAME FOR TAXATION SHALL BE PERMITTED TO VOTE.
SECTION III. THE PROPOSITION TO BE SUBMITTED AT SAID ELECTION SHALL BE AS FOL-
LOWS:
"SHALL THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI
BE AUTHORIZED TO MAKE AND CAUSE TO BE EXECUTED A
'WATER CONTRACT' WITH LOWER NUECES RIVER WATER SUPPLY
DISTRICT PROVIDING FOR THE PURCHASE OF WATER IMPOUND-
ED BY THE DISTRICT'S RESERVOIR FACILITIES, SUCH PRO-
POSED CONTRACT BEING THAT SET FORTH IN THE NOTICE OF
THIS ELECTION."
SECTION IV. THAT VOTING MACHINES SHALL BE EMPLOYED AT THE ELECTION HEREIN
ORDERED IN ACCORDANCE WITH THE PROVISIONS OF V. A. T. S. ELECTION CODE, ARTICLE 7.14,
AND SAID ELECTION SHALL BE HELD AT THE POLLING PLACES IN THE REGULARLY PRESCRIBED VOT-
ING PRECINCTS OF THE CITY OF CORPUS CHRISTI, SUCH VOTING PRECINCTS, POLLING PLACES,
AND THE OFFICERS HEREBY APPOINTED TO CONDUCT THE ELECTION THEREAT BEING AS FOLLOWS:
-2-
ti
PRECINCT NUMBER
VOTING PLACE
COUNTY COURT HOUSE
2 ARTESIAN PARK
RECREATION BUILDING
a
3 BEACON PRINTING CO
. 2067 MESQUITE STREET
�I CHESTON HEATH SCHOOL
Fj SOLOMON SCHOOL
ELECTION OFFICERS
ANDY WOMACK
PRESIUING JUUGE
R. T. MOORE
A5515TANT JUDGE
0. T. RUSSELL
CLERK
MRS. ANDY WOMACK
CLERK
MISS GERTRUDE DREYER
PRESIDING JUDGE
MRS. WM. $IGGIO
ASSISTANT JUDGE
MRS. CHARLES PHILLIPS
CLERK
MISS AGNES KONIAKOOSKY
CLERK
MRS. A. R. YEAGAN _
PRESIDING JUDGL
MISS VON PELLEGRINO
ASSISTANT JUDGE
MRS. C. J. PEEL
CLERK
MRS. OLA CORLEY _
CLERK
MRS. W. M. McELROY
PRESIDING JUDGE
W. H. McELROY
ASSISTANT JUDGE
MRS. PEARL MOORE
CLERK
MRS. FRED DEMAR
CLERK
T. J. DINEEN
PRESIDING JUDGE
OLIVE DINEEN
ASSISTANT JUDGE
MRS. 1. C. KERRIDGE
CLERK
MRS. A. W. YOUNGMAN
CLERK
6
CIVIC CENTER
a
MRS. ELLA B. CARTER
•
PRESIDING JUDGE
MRS. W. E POWERS
•
ASSISTANT JUDGE
' MRS. MARJORIE PAUL
CLERK
MRS. MAUD MILLER
CLERK
7
FIRE STATION
MRS. H. A. TYCER
PRESIDING JUDGE
MRS. SIE PONTON
ASSISTANT JUDGE
MRS. RICHARD BLUNTZER
CLERK
•
MRS. W. H. DAVIS
CLERK
8
OAK PARK METHODIST CHURCH
JULIAN PRIOUR
PRESIDING JUDGE
'
MRS. HARMON MCNEIL
ASSISTANT JUDGE
'
MRS. C. M. MCKINNEY
CLERK
MRS. ARTHUR STARR
CLERK
17
WINDSOR PARK SCHOOL
LEROY ROBERTS
PRESIDING JUDGE
MRS. LEROY ROBERTS
ASSISTANT JUDGE
GLADYS LEDMAN
CLERK
^
JUNE RENFROE
CLERK
ZO
FANNIN SCHOOL
BASIL KARM
• PRESIDING JUDGE
JOHN GOLLIHAR
ASSISTANT JUDGE
F. H. MILES
CLERK
'
MRS. F_ ,H. - MI LES
CLERK
I
r
21
30
63
32
33
BREAKERS HOTEL
HAIGLER
PRESIDING JUDGE
R. B. PEARSON
ASSISTANT JUDGE
MRS. O. A. CHASTAIN
CLERK
MRS. MARGARET ZACHER
CLERK
HOLY CROSS SCHOOL
0. L. CARSON
PRESIDING JUDGE
`
MRS. W. L. FUCUALS ,
ASSISTANT JUDGE
MRS. ED. BEHN t
CLERK
MRS. RUTH JORDON
CLERK
EDWARD FURMAN SCHOOL
MRS. E. J. DENTON
PRESIDING JUDGE
MRS. J. E. BACON ,
•
ASSISTANT JUDGE
MR. E. J. DENTON
CLERK
MR. THOMAS VANN
CLERK
DIXIE SERV. STATION
T. G. CARSON
1401 AGNES STREET
PRESIDING JUDGE
MRS. T. G.-CARSON
•
ASSISTANT JUDGE
MRS. NELLIE HEEBNER
CLERK
MISS ROSA BARNES
CLERK
}
GEORGE EVANS SCHOOL
REV. H. R. SOUTH
PRESIDING JUDGE
MRS. A. H. RAMOS
ASSISTANT JUDGE
FRANK STEVENS
CLERK
MRS. LEMON
CLERK
38
CROSSLEY SCHOOL
MRS. J. H. VETTERS
PRESIDING JUDGE
'
MRS. E. T. WICKERS
ASSISTANT JUDGE
I
MRS. RUTH 'JANECEK
CLERK
'
MRS. ED. ENGLISH
CLERK
39
SOUTH BLUFF
METHODIST CHURCH
J. R. WEATHERFORD
PRESIDING JUDGE
MRS. J. R. WEATHERFORD
ASSISTANT JUDGE
MRS. T. M. KIMSRO
CLERK
MRS. F. L. ALEXANDER
CLERK
YC
CENTRAL CHURCH OF
MRS. F. H. UNDERWOOD
CHRIST
PRESIDING JUDGE
GORDON MEYERS
ASSISTANT JUDGE
R. C. ROBINSON
CLERK
MRS. W. E. PACE
CLERK
• 41
MORGAN FIRE STATION
LARRY ALLEN
"
PRESIDING JUDGE
MRS. LARRY ALLEN
ASSISTANT JUDGE
MRS. FLOYD CROW
CLERK
•
MRS. WLATER HEIDENSOHN
CLERK
1
Y2
R. B. FISHER SCHOOL
MRS. FLORENCE GALLAGHER
PRESIDING JUDGE
•
VERA MORRIS
ASSISTANT JUDGE
JOE MORRIS
CLERK
KATE MURRAY
CLERK
43
WM. TRAVIS SCHOOL
MABLE LILES
PRESIDING JUDGE
MRS. J. W. HARTSELL
-
ASSISTANT JUDGE
MRS. J. E. ZIMMERMAN
CLERK
MRS. JNO. C. HAYNIE
CLERK
44
MEADOW PARK CHURCH
MRS. MINNIE O'CONNELL
OF CHRIST
PRESIDING JUDGE
MRS. BRYON FULTON
ASSISTANT JUDGE -
MRS. P. E. WEIKEL
CLERK
MRS. 0. Y. CALDWELL
CLERK
45
GEO. WIGGINS HOMES
MRS. PHILLIP TANIS
• PRESIDING JUDGE
MRS. GEORGE WARREN
ASSISTANT JUDGE
MRS. JAMES DURHAM
CLERK
DOROTHY HALL
CLERK
46
LAMAR SCHOOL
MRS.�,ME RCEDES SCOTT
PRESIDING JUDGE
'
MRS. E. M: JIMENEZ _
ASSISTANT JUDGE
•
DOLORES SCOTT
CLERK
PALMIRA SANTOS
CLERK
47
N0. 2 FIRE STATION
J. B. MASCORRO
PRESIDING JUDGE
P. OCHOA
ASSISTANT JUDGE
_
ARMIDA MASCORRb
CLERK
MRS. JOE FLORES
CLERK
48
49
50
52
53
COMMUNITY HOUSE
'
A. R. GOME2
PRESIDING JUDGE
ALICE ECHEVARRIA
'
ASSISTANT JUDGE'
MRS. ROSS MEDINA
CLERK
ROSS MEDINA
CLERK
CANTU GROCERY
WILLIAM GENEN, SR
PRESIDING JUDGE
•
JOE CACERES
ASSISTANT JUDGE
J. D. GRIBBIN
CLERK
L. G. WILMOT
CLERK -
LINDALE COMMUNITY CENTER
MRS. ELMA RENKEN
PRESIDING JUDGE
MRS. J. R. WATSON
ASSISTANT JUDGE
MRS. W. J. HALLMARK
CLERK
MRS. J. B. LITTLE
CLERK
ROBERT DRISCOLL JUNIOR
HIGH SCHOOL
MRS. C. Y. MEYERS '
PRESIDING JUDGE
MRS. ERIC RADCHKER
ASSISTANT JUDGE
MRS. R. V. JOHNSTON
CLERK
MISS FRANCES HUNTER
CLERK
SAM HOUSTON SCHOOL
MRS. 4ESLIE CHAPPELL
PRESIDING JUDGE
MRS. S. M. McCoy
'
ASSISTANT JUDGE
MRS. ROY NALLY
CLERK
ROY NALLY
CLERK
56 LAARMADA RECREATION ROOM MRS. J. E. SHELTON
PRESIDING JUDGE
MRS. D. M. JARRATT
ASSISTANT JUDGE
MRS. SHIRLEY PIERSON
CLERK
MR. D. M. JARRATT
57 WESTMINI$TER
PRESBYTERIAN CHURCH MRS. E. H. ANDREW
PRESIDING JUDGE
MRS. P. A. Tom
ASSISTANT JUDGE
MR. E. H. ANDREW
CLERK
MR. R. E. THURMAN
CLERK
58 MENGER SCHOOL MARGARET PROCTOR
PRESIDING JUDGE
MRS. J. D. PROCTOR
ASSISTANT JUDGE
MRS. C. E. BUCK
CLERK
MRS. W. E. STURGIS
CLERK
59 INCARNATE WARD CONVENT
2930 So. A4AMEDA MR. T. M. JONES
PRESIDING JUDGE
MR. W. DUNLAP
ASSISTANT JUDGE
MR. F. A. MARTIN
CLERK
MR. P. A. JOHNSON
CLERK
60 STEPHEN AUSTIN SCHOOL MRS. W. H. DIEHL
PRESIDING JUDGE
MRS. PAUL SCHRIEWER
ASSISTANT JUDGE
MRS. MARIE MACY
CLERK
MRS. VIOLA PITTMAN
CLERK
61
62
d
DAVID CROCKET SCHOOL
WYNN SEALE JUNIOR
HIGH SCHOOL
MRS. S. B. GONZALES
t PRESIDING JUDGE
MRS. OPENLIA WILBURN
ASSISTANT JUDGE.
MR. GEORGE ELIZANOO-
-CLERK
MR, S. B. GONZALES
CLERK
MRS. EDMIN C. OLSER _
PRESIDING JUDGE
_ ,MRS. R. F. GRUEBER
ASSISTANT JUDGE
MRS. HENRY FIN IGAN
CLERK
MRS. GUS ROEMER
CLERK
THE POLLING PLACES ABOVE DESIGNATED SHALL BE OPEN FROM 7:00 O'CLOCK A. M. TO 7:00 O'CLOCK
P. M.
ABSENTEE BALLOTING SHALL BE CONDUCTED BY THE CITY SECRETARY AT HIS OFFICE IN THE
CITY HALL AND A SPECIAL CANVASSING BOARD FOR MAKING THE RETURNS OF ABSENTEE VOTERS IS
HEREBY APPOINTED AS FOLLOWS:
VIVIAN ROSSI, PRESIDING JUDGE
W. G. GRAF, JUDGE
GRACE PIERCE, CLERK
W. R. ANDERSON, JR.; CLERK
J. HODGE THOMPSON, CLERK.
SECTION V. THAT SAID ELECTION SHALL BE HELD IN ACCORDANCE WITH THE GENERAL ELEC-
TION LAWS OF THE STATE OF TEXAS,' EXCEPT AS MAY BE OTHERWISE PROVIDED IN ARTICLE 1109E, V.
A. T. C. S., 1925, AS AMENDED.
SECTION VI. THAT ALL VOTERS DESIRING TO SUPPORT THE PROPOSITION AUTHORIZING THE
GOVERING BODY OF THE CITY OF CORPUS CHRISTI TO MAKE AND CAUSE TO BE EXECUTED THE "WATER
CONTRACT" WITH LOWER NUECES RIVER WATER SUPPLY DISTRICT SHALL HAVE WRITTEN OR PRINTED ON
THEIR BALLOTS THE FOLLOWING WORDS:
"FOR THE AUTHORIZATION AND APPROVAL OF THE'WATER CONTRACT' BETWEEN
THE CITY OF CORPUS CHRISTI AND LOWER NUECES RIVER WATER SUPPLY DIS-
TRICT,"
AND ALL THOSE - OPPOSED TO THE PROPOSITION AUTHORIZING THE GOVERNING BODY OF THE CITY OF CORPUS
CHRISTI TO MAKE AND CAUSE TO BE EXECUTED THE "WATER CONTRACT" WITH LOWER NUECES RIVER WATER
SUPPLY DISTRICT SHALL HAVE WRITTEN OR PRINTED ON THEIR BALLOTS THE FOLLOWING WORDS:
"AGAINST THE AUTHORIZATION AND APPROVAL OF THE 'WATER CONTRACT' BE-
TWEEN THE CITY OF CORPUS CHRISTI AND LOWER NUECES RIVER WATER SUPPLY
DISTRICT."
SECTION VII. A SUBSTANTIAL COPY OF THIS ORDINANCE SIGNED BY THE MAYOR OF THE CITY OF
CORPUS CHRISTI, ATTESTED BY THE CITY SECRETARY, SHALL CONSTITUTE DUE NOTICE OF SUCH SAID
SPECIAL ELECTION, AND THE MAYOR IS HEREBY AUTHORIZED AND DIRECTED TO CAUSE A COPY OF THIS
ORDINANCE SIGNED BY HIM TO BE POSTED AT THE CITY HALL AND EACH OF THE VOTING PLACES IN EACH
-3-
{
OF THE ELECTION PRECINCTS, NOT LESS THAN TWENTY (20) DAYS PRIOR TO SAID ELECTION, AND TO
CAUSE A COPY OF THIS ORDINANCE SIGNED BY HIM TO BE PUBLISHED IN THE CORPUS CHRISTI TIMES,
THE OFFICIAL NEWSPAPER, BEING A NEWSPAPER IN GENERAL CIRCULATION, PUBLISHED IN THE CITY OF
CORPUS CHRISTI, SAID PUBLICATION TO BE,-MADE ON THE SAME DAY IN EACH OF TWO SUCCESSIVE WEEKS
PRIOR TO THE DATE OF ELECTION, THE DATE OF THE FIRST PUBLICATION TO BE NOT LESS THAN
I
TWENTY (20) DAYS PRIOR TO THE DATE OF SAID ELECTION.
SECTION VIII. THAT THE FACT THAT IT IS NECESSARY AND ESSENTIAL IN ORDER TO PRO-
TECT THE WEALTH, LIFE, AND PROPERTY AND TO PRESERVE AND ENFORCE THE GOOD GOVERNMENT OF THE
CITY AND ITS INHABITANTS BY MAKING PROVISIONS FOR AN ADEQUATE SUPPLY OF WATER FOR THE CITY
OF CORPUS CHRISTI 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 AND 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, REQUESTING THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDI-
NANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION, AND TAKE EFFECT AND BE IN FULL
FORCE ANp /D EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS
THE Q DAY OF NOVEMBER, A.D. 1952.
MAYO ,
THE CITY OF CORPUS CHRISTI
AT ST:
V
CITY SECRETARY
APPROVED AS TO GAL FORM:
CITY AT O RNIEY
r
CORPUS CHRISTI a TEXAS
Y,- . J's 19 _'r4
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI TEXAS
GENTLEMEN:
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE-
GOING ORDINANCE OR RESOLUTION, A PUBLIC EMERGENCY AND IMPERATIVE PUBLIC
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 IN-
TRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE
SEVERAL MEETINGS OF THE CITY COUNCIL. 1, THEREFORE, HEREBY REQUEST THAT
YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINAL-
LY ON THE DATE IT IS INTRODUCED OR AT THE PRESENT MEETING OF THE CITY 000N-
CI L.'
RESPECTFU LYa
Mg
CITY OF CORPUS CHRISTI
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
LESLIE WASSERMAN
JACK DEFORREST
GEORGE L. LOWMAN
FRANK E. WILLIAMSON vT�
THE ABOVE ORDINANCE OR RESOLUTION WA ASS ED BY THE FOLLOWING VOTE:
LESLIE WASSERMAN ,
JACK DEFORREST
S Y+^AISY E Nc ar.nnN
GEORGE L. LOWMAN
FRANK E. WILLIAMSON
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