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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 -3- • 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 -5 - 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 -7- 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 ml 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 m, Q a 33</-