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HomeMy WebLinkAbout03418 ORD - 02/03/1953AN ORDINANCE��� AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI FOR AND ON BEHALF OF THE CITY TO EXECUTE A CONTRACT WITH CENTRAL POKER AND LIGHT COMPANY RELA- TIVE TO THE PURCHASE OF WATER TO BE FURNISHED BY THE CITY FOR A PERIOD OF FIVE (5) YEARS BEGINNING JANUARY 31, 1953, UNDER TERMS AND CONDITIONS OF THAT CERTAIN CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be and he is hereby authorized and directed to execute for and on behalf of the City of Corpus Christi a con- tract with Central Power and Light Company relative to the purchase of water to be furnished by the City for a period of five (5) years beginning January 31, 1953, under the terms and conditions of that certain contract between said parties, a copy of which is attached hereto and made a part hereof. SECTION 2. That the foregoing ordinance was read for the first time and passed to its second reading on this the 2alday of �r 19539 by the following vote: Leslie Wasserman, Mayor Frank E. Williamson Jack DeForrest George L. Lowman Mike A. Needham, Jr. That the foregoing ordinance was read for the second time and passed to its third reading on this the;_2jjday of (1 _....,,., A. D. 1953, by the following vote: Leslie Wasserman, Mayor Frank E. Williamson Jack DeForrest George L. Lowman Mike A. Needham, Jr. l L E That the foregoing ordinance was read for the third time,and passed finally on this the,, day of A. D. 1953, by the following vote: Leslie Wasserman, Mayor Frank E. Williamson Jack DeForrest George L. Lowman Mike A. Needham, Jr. PASSED AND APPROVM, this thekjx.%/,., day of A. D. 1953. A EST: City'Secretary APPRO7 AS TQ,LEGA4 FORM: City Attorney MAY The City of Corpus Christi, Texas 3 4 1 B i STXE OF TEXAS COMM OF NUECES WHERU5- the City Of forplis Christi, Texas, a municipal corporation, is aot.' the owner of 6 water distribution system Originating out of and froza the Nueces River and is engaged In supplying water for industrial and domestic ParPOS09, Said City Of Corpus Christi havitIC., constructed a Clara and reservoir to "P01-1nd 0-,"I rw5ulate the flow of uoter in said river near kethis, Texas and 06 Point on said river from which said water is so taken by said City Of Corpus Christi being located at Or near Calallen, lexas: and WHERMS, the said City of Corpus Christi, Texas is desirous of furnishing and selling to Central Power and E49ht Company, a corporetiori, treated water to be used by it, Its successors and assigns. '4'(X;'- 71JERWORE, this contract and agreement this day made and entered into lyy anfi irett eeaa tijo City of Corpus Christi, acting T)y aijd through its duly authorized officers, hereinafter calief "citylo alld Central Power and Light Company, acting by and through its duly authorized officers, hereinafter called 'Potgor t1wapany", V,,'ITNESSETTI: In consideration of the premises, the sum of Ten ($10.00 Dollars cash in bond paid to City by Power Company. the receipt of which is hereby acknowledged, the benefits arising to said City by reason of the sale of water to Power company, its suer ,essors and assigns, and the mutual covenants and a9t0c"ents of the parties herein contained, It Is agreed as follows: 1. TYPE OF 16ATER 6M pgIM.. City agrees to sell to power Company, subject to the conditions hereinafter set fortk, treated water, not to exceed a maximum amount of - gallons per day as shall be demanded .' Lw, 1 " - — by Power Company at the follor-ing rates: Subject to the conditions hereinafter set forth. Power Company agrees to pay City the mount of %4 per 1.003 gallons for the first W.GW.UW gallons used per mouth and the amount of per I,a500 gallons for all Water over ant; above gallons used per month and de- livered by City to Parer COapany render and during the period covered by this contract. Provided, iwwover, thxrt the rote* specified above of 7?�, per 1.,W) gallons for all vaster over and above 6u.0UU.WO gallons used per !moth shall apply Only sU IOC as the City has existing; contracts under which the salsa of untreated water is made at the price of 2t per ltEXX gallons, In the &vent bust the cost of untreated -oatxar in the said existing; City Oontract is redetermined and the price of said water increased, then it Is agreed that the 7ti per 1,( ralloos priced to Parer Company for eater used in excess Of 6Uo0U.0W gallOus Per month shall be increased according - li and is? the €9.210 amount per I,CS G gallaars. sS. kl I, aatvv3tk tandlan any of the provisions of this contract. It is agreed that 'tire prices provided herein are subject to Adjustment upward to the extent thet in no event shall the City lisn 0,_ polled to furnish vaster under the provisions of this contract, at a price lower than that ckarged to any other consumer of water having a point of delivery Outside the City Limits of the City of Corpus fhristi and using water In "arable cuantities. 3. ' i OF 90Y`TitA - `Ilse oblir+ation of the parties hereto shall be hin9line Up to and includ,infr .January 31, 1953. 4. KACE of DBLIMRY: City now operates and maintains a 30 inch pipe line and a 36 inch pipe line for the transportation of pater from the Calallen 2— filtration ,giant to Corpus Christi, Texas for distribution of its treated neater to domestic and industrial consumers in and near the City of forpns Christi, Texas. City agrees to deliver to Power Company treated water froan either or both of saach mains at a point to he desirreated tv Power Company and iwh104 point shall be at or near the Calallen filtration plant site. City agrees to supply the connections to either or both the 30 incaa as :36 inoir pipe lines at the sale cost and expense of City, and poaeer Company agrees ire supply all other pipes, valves and fittings of whatever nature required to complete the connection, 5. 1AUNG OF US � IN—M TION LF FMIMAT., Power Company eon- teraplates the 10piart of a pipe line from the point of delivery to the 'Lon .fill Poezer Plant, nos; under construction near Calallen, Texas, for the pur- pose of transportin!�, the voter sold hereunder, and the city hereby c;rants and conveys to Power CwVany an easement exte£ndin for the terns of this contract upon, over, through and across any other land owned by City which ?djoins the point of delivery, for the purpose of la +tir_r„ constructins�$ operating and maintaininc any pipe lime or pipe lines desired to be laid by Power Company for the purpose of transporting water sold hereunder, provided, however, that the location of such line across lands owned by City rust first be approved by City. The location of sold pipe line across the lands of City are subject to relocation upon order of City. The entire cost of con- struction, operation and maintenance of said pipe line or pipe lines shall be borne by Power Cmmpany, at its sole cost and expense. G. a ilRiaTdEN'T OF' itMM_. Measurement of the treated water d;Iiverable hereunder shall be measured by a suitable water meter or meters of standard make and acceptable to City. Power Company shall furnish said meter and install abase, and City shall keep dame it repair. Checks as to the accuracy of the aeter or "ters shall be made semi»anna:ally. and City shall notify Power Cocipany —3— in writinC.,, ten (10) days in advance of all semi-annual checks and tests in order. that Power GaMary any have a representative present as a titness. Seni-HRO901 tests as to the accuracy of t1te .3eter or .vtery shall re ;tt the expense: of City. If 01ther 1,,it3 err itker i,opWany at uny time shall notify the otaer thakt it desires rA Speolal test of any aetar, the party shall cooperate to ,tenure an lar;adinte detormInation of the Lievalracy Vmreof, 3and shall Mvkc. iflin't ?)Jl, any h4jus-wents. If' Upon surf SpLx"ill tests ;aty Suck exvr is iour,61 to j)e JOS& than 1&;)j tar 11M=, tij, � COSL of Each lest Sr11 I he pail by the i)art,; recuestina. it; otherwise by the other party. Laws party shall ;give to the other wriv act notice of the time oi arty and all -,uei tests lyi m6wance of the holdine of same witldt p a reasonable len,rth of 11!-1e itz -ardcr tuml, xho other party away have a representative present. R upon any test, the m,-tpr tent--i 15 foand tf, bre ;iot more tMIJ, 4n 1±icjh (Ir luw, preViujs rnm iyvjs 7,11-vil be coy sldered torrect ia v*nlpullqir the voltge of water uelllters�a �Y can« Gity to Power Lonapany, beat 5o6i meter s�iali be Pt onco adjusted tr rocord vu accurately as possible. If on any test the weter shall be found to be inaccurate hi Or"I am-ulit e_xeeed!Ac rte Llien -nay previous readinz.1s of such ioeter shaij lie correet(xi for nny period of InAccur-.1te neasarement thereby W""ieh is iieftqtel" Vnovin tat a+gec& upon; hat no such eorractioa shall extend back over =t perioc tore than fifteen UW days prior to the tl;,ie when 3oc3 inaccuracy nos first sue knlmu iy 06*r party to the other. if for any re4sun the M;_11;ar or meters are out of service sothat the volume of water deliverad hero- aador cannot be ascertaineo or computee" from meter readings thereof, the vater delivered during the period suen taoter or meters are Out Of service shall he estilRaWi iiW ai)read upoa 6j the parties hereto upon the basis of L'Ie best data nVaitalfle. eg"jEE: At Mw point of delivery of treated water City shall mintalv the follovoing pressures in each of the mains at the point of ser- Vita: —4- 4417 Urez&nrc Mqxivm7 Preszure '--q. a. fi. 'k;'-' to 'V� Per sp'. in. bF In. per -c. in. W4 t"', '104 per sr. Paywents for any and all water sold bay zj-ty to pnAjer S"ll be PRJ•d ?46AWY at the office of the City Water DeRartne"t Qi (OrPliS Christi,. Texps ai34; ull j§zllr therefor shell ")e' pel" oil or befo-re, t;jc ` th dsl? of the Sucetv"AU17 '. -C I "Iwith after. Sear' -le L-CCCIAO�!. StatOTaents Sihalj br-' to ?<mer d"AV04Y z't V- 0. 110-A 21". Carpus Christi, Texas on or before the 10th dny of nacia faiths $howl, the vets .w of ate d ed rvi deliver a the sum due -Aty therefor t-V ilu-'er t;iylpam y Oert-va-der dnri57 4 Lkhe pzeredik1'1 month. 9. INGRESS iii CGi T11'e right of iaimess and egress is hemt-,y rmonted pmer cWVayjy, or it., ae ,r q5. OVI oye, es or repreese n ta- tives, across the lands or premises of .,,Ity near Calalle.4, !.exas or across any pmlises ol; lahis Ownw y c'i �J! uIt -qv point" froo 'w'.'Arh water. I r, deliverec, in take ilturc' under t,is c*ntnct for the p1m qso of aa�i+ q 1t2€ aaiaas ant pipelines and for tine installation of sucil other N=[Aipment ar may 6e necesstrY for Power LoMiony to obtain delivezy of water fma City hereunder. 10. FUM WNDWR MLIGATIM. -This contract roses no obligatiop ,Ipof: F(Aler Go-qumy to pzirrhase AMY -Anirama avnmunt of water itk a" calendar f.W-,t.!4 throughout the period of tj,is contract, 11kit Parser �,O,-pany shall pay to elty durinq the Jj.fa of tijr tq, _1trIct, tho rainLimza laou"It 01 •1'LFAj (VSO.W 'XIIIRXS pL-r rao a ah , ardiass, of '�,,Iw.thar auy water jj� used or. -not, za4xt to he p y je on or before the 2Uth day of each inonth for the precedinf calendar itonth. provided, however, If the Vol'imc of Y"'ter masumed- by Power GGQPefky durifig, - 3 - any calendar month amounts to more than nifty ($50.00) Dollars than such fixed monthly sum of Fifty (SA.00) Dollars shall be credited upon the avaauut due. Fdowever, if the volume of crater cousu_hed by Power Company duriaV any calendar month amounts to less than the fixed sum of Fifty ($W.W) Dollars, then, isa addition to the payment for such water, Penner Company shall )say the difference between the amount due City for the slater actually consumed and the sum of Fifty MCOG) Dollars. Such sum shall. be payable at the time and place hereinabove provided. 1 <. FORCE_ KA2WI E. if City should be prevented, wholly or ire watt fro+,. frlfillirg its obligations under: this contrutt by repswi of ear Act. Of :mod, anavoirdable accident., acts of eneay, strikes.. tires, floocda, fovcr?�«te -ttal restraint or x���alatioFr. or any ottier cast+ of force aRjeure 'Aher the obligaatioas of City to t'Wrer t"ater tfs Power 60wany, as .hercia— 4iLter pr©Yiaed, simll i` "f; t4hl ?7Q',C r21y 5'L4StJti3slx:Y!'t' Uu Yi§iCj tb" continulance o! such force majoure. Pic, dazaaiie shall be recoverable by Mosier Company from �.AtY ?,y reason of t)te to nrary wispension of delivery of uate.r ctue to ST K'W° iie covses above sxnitlone6. If Ucw City's shall, �:e afl'(sx c by any of such causes x�ity 53spi . px'ax ptly astatiyy i'owet C4rpsry Uritisig. Oving full particulars of sitoh fo,.ce j- ,utjoure as soon ns possid:le after occurrence of the cause or "ases rellez itpoi,. is . r155,l11d_!,Y: Thib contract may ,'re sssiriraer4 only sleds the ter; testa Oouseatt ni the governing bogy €il Vie City, but i..' assi,,p3ed, iLis eal7'.racw shall be aisaviag upon the parrlies beceto as well as their successors a.:i; assigns. — r, IN' tv'IrMr) WWAW, the parties have hereto caused these presents to !;e duly $Ketl;tofl tit a dam, Of MZ.3. A TITS I .- My 3---otar;— AMOVED AS TO LEGAL �X*Mt GIG �Attn-u-- AMST- as to U,,al Fora: I C ill(v--iii la or XNVAL PMeR AM LIC'r,TT r-*CMPIT,,,Y Py-__