HomeMy WebLinkAbout03850 ORD - 08/25/1954AC:5/24/54
TEXAS:
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON
BEHALF OF THE CITY TO EXECUTE A FIVE YEAR CONTRACT WITH
NUECES COUNTY NAVIGATION DISTRICT NO. 1 TO SELL AND SUPPLY
TREATED WATER TO SAID DISTRICT AT THE RATES AND UNDER THE
TERMS AND CONDITIONS SET OUT IN SAID WATER CONTRACT, WHICH
CONTRACT BY ITS TERMS STIPULATES PLACE OF DELIVERY, MEASURE-
MENT OF WATER, WATER PRESSURE, AND MANNER OF PAYMENT; RE-
SERVES CERTAIN RIGHTS; RESTRICTS RESALE, AND FIXES MINIMUM
OBLIGATION, CONTAINS CLAUSES CONCERNING TERMINATION OF CON-
TRACT, FORCE MAJEURE, ASSIGNABILITY, AND ADJUSTMENT OF PRICES;
A COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART
HEREOF; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. THAT THE CITY MANAGER L"E, AND HE IS HEREBY AUTHORIZED
AND DIRECTED FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A
FIVE YEAR CONTRACT WITH NUECES COUNTY NAVIGATION DISTRICT NO. 1 TO SELL AND
SUPPLY TREATED WATER TO SAID DISTRICT AT THE RATES AND UNDER THE TERMS AND
CONDITIONS SET OUT IN SAID WATER CONTRACT, A COPY OF WHICH CONTRACT IS ATTACHED
HERETO AND MADE A PART HEREOF.
SECTION 2. THE NECESSITY FOR EXECUTING THE ABOVE MENTIONED CONTRACT
IR ORDER TO FURNISH WATER TO NUECES COUNTY NAVIGATION DISTRICT NO. 1,CREATES
A PUBLIC EMERGENCY AND PUBLIC IMPERATIVE NECESSITY REQUIRING THE SUSPENSION OF
THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON
THE DATE IT IS INTRODUCED AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ
AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED
THAT SUCH PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST, AND HAVING REQUESTED
THAT SUCH CHARTER RULE BE SUSPENDED, AND THAT THIS ORDINANCE BE PASSED FINALLY
ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT
FROM AND AFTER ITS PASSAGE, IT 15 ACCORDINGLY SO ORDAINED.
P. ',35EI] AND APPROVED, THIS THE ZJAY OF , ",UGUST, 1i54-
MA OR
THE CITY OF CORPUS CHRIS I, TEXAS
ATTES
CITY ECRET XLEGAL APPROVED AS FORM:
CITEY 47
THE STATE OF TEXAS
COUNTY OF NUECES
WHEREAS, THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL
CORPORATION, IS NOW THE OWNER OF ITS WATER DISTRIBUTION SYSTEM AND
15 ENGAGED IN SUPPLYING WATER FOR INDUSTRIAL AND DOMESTIC PURPOSES
AND
WHEREAS, IN CONOVCTING SUCH BUSINESS, SAID CITY IMPOUNDS
WATER USED FOR SUCH iNOUSTRIAL AND DOMESTIC PURPOSES IN A RESERVOIR
LOCATED AT OR HEAR CALALLER, TEXAS, FROM WHICH SI:CH WATER 15 AND WILL
BE CONOUCTED IN MAINS AND DISTRIBUTED TO ITS USERS; AND
WHEREAS, THE SAID CITY OF CORPUS CHRISTI, TEXAS, 1S DESIROUS
OF FURNISHING TO NUECES COUNTY NAVIGATi4M DISTRICT NG. I WATER TO BE
USED BY IT, ITS SUCCESSORS AND ASSIGNS:
NO%,, THEREFORE, THIS CONTRACT AND AGREEMENT, 'THIS DAY MADE
AND ENTERED INTO BY AND BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS,
ACTING BY AND THROUGH ITS DULY AUTHORISED OFFICERS, HEREINAFTER CALLED
"CiTY`, AND SAID NUECES COUNTY NAVIGATION DISTRICT ND. 1, ACTING BY AND
THROUGH ITS NAVIGATION AND CANAL COMMISSIONERS, HEREINAFTER DESIGNATED
"NAVIGATION DISTRICT ",
W I T N E S S E T H:
IN CONSIDERATION OF THE PREMISES AND THE SUM OF TEN DOLLARS
($I0.00) CASH IN NAND PAID TO CITY BY NAVIGATION DISTRICT, THE RECEIPT
OF WHICH 1$ HEREBY ACKNOWLEDGED, AND THE FURTHER CONSIDERATION OF THE
INCREASED INCOME TO SAID CITY BY REASON OF THE SALE OF TREATED WATER TO
SAID NAVIGATION DISTRICT, ITS SUCCESSORS AND ASSIGNS, IT 15 AGREED A$
FOLLOWS:
TREATED WATER AID PRICE: CITY AGREES TO BELL, SUBJECT TO THE
CONDITIONS HEREINAFTER SET FORTH, SUCH TREATED WATER AS SHALL BE DEMANDED
BY NAVIGATION DISTRICT AT THE RATE OF TWENTY CENTS ($0220) PER ONE THOU-
SAND (1,10OD) GALLONS.
II
TERM OF CONTRACT: THL OBLIGATIONS OF THE PARTIES HERETO
SMALL BE BINDING, AND SHALL EXTEND FROM THE DATE HEREOF UP TO AND INCLUDING
SEPTEMBER 1, 1959.
IKE
PLACE OF DELIVERY OF TREATED WATERt CITY NOW OPERATES AND
MAINTAINS THREE MAIN PIPE _INES FOR THE TRANSPORTATION OF WATER FROM
CALALLEN, TEXAS, TO THE CITY OF CORPUS CHRISTI FOR DISTRIBUTION OF THE
SAME TO DOMESTIC AND INDUSTRIAL CONSUMERS IN ANO NEAR THE CITY OF CORPUS
CHRISTI, TEXAS, CITY AGREES TO DELIVER TO NAVIGATION DISTRICT TREATED
WATER FROM SUCH MAIMS OF THE SAME TYPE AND QUALITY AS 15 FURNISHED BY
IT TO SUCH DOMESTIC AND INDUSTRIAL CONSUMERS, AND NAVIGATION DISTRICT
AGREES TO TAKE THE SAME FROM THE MAINS OF THE CITY AT APOINT TO BE
AGREED ON BY THE PARTIES HERETO, ALL IN ACCORDANCE WITH THE TERMS AND
CONDITIONS OF THIS CONTRACT. IT 18 AGREED THAT DELIVERY MAY DE MADE
THROUGH ONE OR MORE METERS, AS THE CITY NAY, AT ITS OPTION, DETERMINE,
BUT IN THE EVENT MORE THAN ONE METER IS INSTALLED, THE COMBINED READING
OF ALL METERS SMALL BE CONSIDERED AS ONE READING FOR THE PURPOSE OF
DETERMINING THE QUANTITY OF WATER USED UNDER THE TERMS OF T14I5 AGREEMENT.
IT IS UNDERSTOOD THAT CITY SMALL FURNISH TAPS FOR COMHCCTION BY NAVIGATION
OISTRICT TO SAID MAIMS.
_Q-
IV
MEASUREMENT OF WATERi THE TREATED WATER DELIVERABLE HEREUNDER
SHALL BE MEASURED BY A SUITABLE WATER METER OR METERS OF STANDARD MAKE,
SAME TO BE FURNISHED, INSTALLED, AND KEPT IN REPAIR BY THE CITY AT OR
NEAR THE PLACE OF DELIVERY. CHECKS AS TO THE ACCURACY OF THE METER OR
METERS SHALL BE MADE SEMI -ANNUALLY. CITY SHALL NOTIFY NAVIGATION DISTRICT
IN WRITING TEN (1.0) DAYS IN ADVANCE OF ALL SEMI- ANNUAL CHECKS AND TESTS
IN ORDER THAT NAVIGATION DISTRICT MAY HAVE A REPRESENTATIVE PRESENT AS A
WITNESS. SEMI-ANNUAL TESTS AS TO THE ACCURACY OF THE METER OR METERS
INSTALLED BY THE CITY SHALL BE AT THE CITY'S EXPENSE. IF EITHER CITY OR
NAVIGATION DISTRICT AT ANY TIME SHALL NOTIFY THE OTHER THAT IT DESIRES
A SPECIAL TEST OF ANY METER, THE PARTIES SHALL COOPERATE TO SECURE AN
IMMEDIATE VERIFICATION OF THE ACCURACY THEREOF AND JOINT OBSERVATIONS OF
ANY ADJUSTMENTS. IF UPON ANY SUCH SPEC +AL TEST OF ANY METER THE SAME IS
FOUND TO BE LESS THAN TWO PER CENT HIGH OR LOW, THE COST OF SUCH TEST
SHALL BE PAID BY THE PARTY REQUESTING 1 -, OTHERWISE, BY THE OTHER PARTY.
EACH PARTY SHALL GIVE TO THE OTH R NOTICE OF THE TIME OF ANY SUCH TEST
REASONABLY IN ADVANCE OF THE HOLDING OF THE TEST SO THAT THE OTHER PARTY
MAY HAVE A REPRESENTATIVE PRESENT. IF UPON ANY TEST, SUCH METER IS FOUND
TO BE NOT MORE THAN TWO PER CENT HIGH OR LOW, PREVIOUS READINGS OF THE
SAME SHALL BE CONSIDERED CORRECT IN COMPUTING THE. VOLUME OF WATER DELIVERED
BY THE CITY TD NAVIGATION DISTRICT, BUT SUCH METER SHALL BE AT ONCE PROPERLY
ADJUSTED t0 RECORD ACCURATELY. IF ON ANY TEST, CITY'S METER SHALL BE FOUND
TO BE INACCURATE BY AN AMOUNT EXCEEDING TWO PER CENT, THEN ANY PREVIOUS
READING OF SUCH METERS SMALL BE CORRECTED FOR ANY PERIOD WHICM IS DEFINITELY
KNOWN ON AGREED UPON, BUT NO SUCH CORRECTION SHALL EXTEND BACK OVER A PERIOD
BEGINNING MORE THAN FIFTEEN (15) DAYS PRIOR TO THE TIME WHEN SUCH INAC-
CURACY WAS FIRST MADE KNOWN BY EITHER PARTY TO THE OTHER. IF FOR ANY REASON
THE CITY'S METER IS OUT OF SERVICE SO THAT THE VOLUME OF WATER DELIVERABLE
HEREUNDER CANNOT BE ASCERTAINED OR COMPUTED FROM METER READINGS THEREOF, THE
WATER DELIVERED DURING THE PERIOD SUCH METER 19 OR WAS OUT OF SERVICE SHALL
BE ESTIMATED AND AGREED UPON BY THE PARTIES HERETO UPON THE BASIS OF THE
BEST DATA AVAILABLE.
-3-
v
PRESSURES AT THE POINT OF DELIVERY OF SUCH WATER CITY SHALL
AT ALL TIMES MAINTAIN A PRESSURE OF HOT LESS THAN FORTY POUNDS PER SQUARE
INCH AND SHALL UNDERTAKE TO NAINTA!N AN AVERAGE PRESSURE OF FIFTY POUNDS
PER SQUARE NCH.
v1
PAYMENTS, PAYMENTS FOR ANY AND ALL WATER SOLD BY CITY TO
NAVIGATION DISTRICT SMALL 68 MADE MONTHLY AT THE OFFICE Of' THE CITY WATER
DEPARTMENT AT THE CITY HALL OF CORPUS CHRISTI, TEXAS, AND ALL BILLS
THEREFOR SHALL BE PAID ON OR BEFORE THE 26TH DAY OF EACH MONTH FOR ALL
WATER SOLD AND DELIVERED HEREUNDER DURING THE PRECEDING CALENDAR MONTH.
STATEMENTS SHALL BE MAILED BY CITY TO NAVIGATION DISTRICT AT CORPUS CHRISTI,
TEXAS, ON OR BEFORE THE LOTH DAY Of EACH MONTH, SHOWING THE VOLUME OF
WATER DELIVERED AND THE SUM OF MONEY DUE CITY THEREFOR DURING EACH PRE-
CEDING CALENDAR MONTH.
VII
PRIORITIESi THIS CONTRACT IS ENTERED INTO AND THE SALE OF
WATER HEREUNDER IS MADE SUBJECT AT ALL TIMES TO THi PRIOR RIGHTS OF
DOMESTIC AND INDUSTRIAL CONSUMERS WITHIN THE CITY LIMITS OF THE CITY OF
CORPUS CHRISTI, TEXAS, AND TO THE SUPPLY OF WATER IN THE NUECES RIVER.
IN THE EVENT AT ANY TIME THE SUPPLY OF WATER IN THE NUECES RIVER SHALL
BE SO DIMINISHED AS TO JEOPARDIZE THE THEN S PPIY OF WATER TO SUCH CON-
SUMERS, THIS CONTRACT SHALL BECOME SUSPENDED DURING THE PERIOD OF TIME
WHEN SUCH SUPPLY Of WATER IN SAID RIVER IS SO DIMINOSHEal BUT IMMEDIATELY
UPON THE SUPPLY OF WATER IN SAID RIVER BECOMING AGAIN SUFFICIENT FOR THE
FORESEEABLE NEEDS OF DOMESTIC AND INDUSTRIAL CONSUMERS WITHIN THE CITY
LIMITS OF THE C TY OF CORPUS CHRISTI, THIS CONTRACT SHALL IMMEDIATELY `
BECOME AGAIN EFFECTIVE TO THE EXTENT OF THE EXCESS OF SUCH SUFFICIENCY.
IT IS AGREED THAT THE NAVIGATION DISTRICT SHALL BE SUBJECT TO ALL OF THE
RULES, REGULATIONS AND/OR REGULATORY DROINANCES NOW IN EFFECT OR WHICH
MAY HEREINAFTER BE ENACTED FOR THE CONSERVATION OF WATER OR FOR THE PURPOSE
OF GIVING PRIORITY TO DOMESTIC USER DURING ANY WATER SHORTAGE.
-4-
Vill
RESTRICTIONS ON RESALES IT IS DISTINCTLY UNDERSTOOD AND
AGREED THAT SAID NAVIGATION DISTRICT SHALL NOT DELIVER OR SELL WATER
OBTAINED UNDER THIS CONTRACT TO ANY OTHER PERSON, FIRM OR CORPORATION
EXCEPT TO SNIPS, STEAMERS, AND FREIGHTERS OR ANY OTHER CRAFT DELIVERING
OR RECEIVING TONNAGE AT OR THROUGH THE FACILITIES OF THE SAID NAVIGATION
DISTRICT OR ANY LESSEE THEREOF.
IX
FIXED MINIMUM OBLIGATION: THI5 CONTRACT IMPOSES NO OBLIGATION
UPON NAVIGATION DISTRICT TO PURCHASE ANY MINIMUM AMOUNT OF WATER IN ANY
CALENDAR MONTH THROUGHOUT THE PERIOD OF THIS CONTRACT, BUT NAVIGATION
DISTRICT SHALL PAY DURING THE LIFE OF THIS CONTRACT THE MINIMUM SUN OF
TWENTY -FIVE DOLLARS ($25.00) PER MONTH, REGARDLESS OF WHETHER ANY WATER
15 USED OR NOTES THE SAME TO BE PAYABLE ON OR BEFORE THE 20TH DAY OF EACH
NONTH FOR THE PRECEDING CALENDAR MONTH; PROVIDED HOWEVER, IF THE VOLUME
OF WATER CONSUMED BY NAVIGATION DISTRICT AT THE APPLICABLE RATE HEREIRAGOVE
SET FORTH DURING ANY CALENDAR MONTH AMOUNTS TO MORE THAN TWENTY -FIVE
DOLLARS 1$25.01), THEN SUCN FIXED MONTHLY SUN OF TWENTY -FIVE DOLLARS
025.00) SHALL BE CREDITED UPON THE AMOUNT DUE. HOWEVER, IF THE VOLUMZ
OF WATER CONSUMED BY NAVIGATION DISTRICT AT THE APPLICASLE RATE NERE�NABOVE
SET FORTH DURING ANY CALENDAR MONTH AMOUNTS TO LESS THAN THE FIXED SUN OF
TWENTY -FtYE DOi,LARS (125.00), THEN IN ADDITION TO THE PAYMENT FOR SUCH
WATER ACTUALLY CONSUMED NAVIGATION DISTRICT SHALL PAY THE DIFPERENCE
SETW €EN THE AMOUNT DUE THE CITY FOR WATER ACTUALLY SO CONSUMED AND THE SUM
OF TWENTY -FIVE DOLLARS (125.00)- SAID SUMS SHALL BE PAYABLE AT THE TIME
AND PLACE HEREINABOVE PROVIDED FOR.
x
RIGHT OF NAVIGATION DISTRICT TO TERMINATE CONTRACT: IF FOR ANY
REASON NAVIGATION DISTRICT SHOULD SHUT DOWN OR BECOME INOPERATIVE FOR A
PER100 OF AT LEAST TWELVE (12) CONSECUTIVE MONTHS, THEM NAVIGATION DISTRICT
MAY CANCEL AND TERMINATE THIS CONTRACT IN ITS ENTIRETY BY GIVING THIRTY
(30) DAYS WRITTEN NOTICE TO CITY BY REGISTERED MAIL ADDRESSED TO IT AT
CORPUS CHRISTI, TEXAS. IF NAVIGATION DISTRICT GIVES CITY SAID WRITTEN
&..1
NOTICE, THEN AFTER THE EXPIRATION OF THIRTY (30) DAYS FROM THE DATE OF
THE MAILING OF SAID NOTICE TO CITY, AS ABOVE PROVIDED, THIS CONTRACT
SHALL BECOME NULL AND VOID,
XI
FARCE MAJEURE: fF CITY SHOULD Br PREVENTED, WHOLLY OR IM PART
FROM FULFILLING ITS OBLIGATIONS UNDER TH13 CONTRACT BY REASON OF ANY ACT
OF GOD, UNAVOIDABLE ACCIDENT, ACTS OF F'eEMY, STRIKES, FIRES, FLOODS,
GOVERNMENTA, RESTRAINT OR REGULATION, OR OTHER -AUSES OF FORCE MAJEURE,
THEN THE OBLIGAT,ONS OF THE CITY TO DELIVER WATER TO NAVIGATION DISTRICT,
AS HEREINABOVE PROVIDED, SHALL BE TEMPORARILY SUSP €NOr.D OLRINC CONTINUATION
OF SUCH FORCE MAJEURE. NO DAMAGE SHALL BE REI:OVERASLE BY NAVIGATION DISTRICT
FROM CITY BY REASON OF THE TEMPORARY SUSPENSION Of DELIVERIES OF WATER DUE
TO Af;Y OF THE CALSF5 ABOVE: MENTIONED. IF THE C,TY'S OBLIGATION SHOULD BE
AFFECTED 3Y ANY SV::H C-AL'SES, CITY SHALL PROMPTLY NOTIFY NAVIGATION DISTRICT
IN WRITING, GIVING FULL PARTICULARS OF SUCH FORCE MAJEURE AS SOON AS
POSSIBLE AFTER THE OCr:URRENCE OF THE CAUSE OR CAUSES RELIED VPQNd
xIc
ASSIGNASUITY: THIS CONTRA:T MAY BE ASSIGNED ONLY WITH THE
WRITIEN CONSENT OF THE GOVERNING BODY OF THE C,TY, BUT IF ASSIGNED, THIS
CONTRACT SHALL BE BINDING UPON THE PARTIKS HERETO AS WELL AS THEIR SUf.-
CESSORS AND ASSIGNS.
XIIS
ADJUSTMENT OF PRi CES: NOTWITHSTANDING ANY OF THE PROVISIONS
OF THIS CONTRACT, IT 15 AGREED THAT THE PRICES PROVIDED HEREIN ARE SUBJECT
TO ADJUSTMENT UPWARD TO THE EXTENT THAT IN NO EVENT SHALL THE CITY BE
COMPEL✓rE0 TO FURNISH WATER UNDER THE PROVISIONS OF TH S CONTRACT, AT A
PRICE LOWER THAN THAT CHARGED TO ANY OTHER CONSUMER OF WATER HAVING A
POINT OF DELIVERY INSIDE THE CITY LIMITS OF THE CITY OF CORPUS CHRIST,
AND USING WATER IN COMPARABLE QUANTITIES.
-6-
IN WITNESS WHEREOF THE PARTIES HAVE HERETO CAUSED THESE
PRESENTS TO BE DULY EXECUTED THIS IfT DAY OF SEPTEMBER, 1954.
ATTEST. CITY OF CORPUS CHRISTI) TEXAS
BY
CITY SECRETARY CITY MANAGER
APPROVED AS TO LEGAL FORM:
CITY ,TTORNEY
NU €CES COUNTY NAVIGATION DISTRICT NO, 1
T NAVIGATION AND CANAL COMMISSIONERS
'T'
Corpus Christi, Texas
1954.
TO THE ME14BERS OF 'I'lli
Cwrpus Chli—i-A, Tee
Gentlemen-,
Fix th,?2 -nvu r-ort's? An the` t!,TeLgen,c�,y clause of tile
foregoing ozdlnanxt, and a ¢Ip r.)ta t " "V'L nezessity exist
for the suapenEA')"n IJt, EequiKvment that no ordAnance
or xese2utien sknm'121' W fiuwallly eva td e datL At is tnuaducee,
and that such ite",�01gti+wL r"Lnll bp read at, three meetings
of the Ci "Y t�r,sby requ that you ;,,"d
Charter rule er regubv.-,,Pnt and pas this ord =nance finally an the date
it is introduced, or at Int gyp,,,,esent lneeting of the City Council,
?-AY(
F"'IT? OF CORPUS CHRIS d, TEXAS'
The Charter tale was su,';Pended by the fell&wAng vote'
P. C. Callaway - "Z
James S. NaismAth
W. jav•eg BKaLe
F. pete"'&071" Jr
Th'(L-" bv tbe falLtiqyR9 lfcte/
P. C. Callaway t 4
EIL-ray King Al I
dames S. NaAsmith
N. •James Brave
F. P. LAC sr.eu, Jr .4
im