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HomeMy WebLinkAbout03883 ORD - 09/29/1954A-9/25/54 TEXAS: AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CON - TRACT WITH CORPUS CHRISTI, INC., OPERATORS OF TOM GRAHAM GARDENS AGREEING TO FURNISH TOM GRAHAM GARDENS TREATED WATER ACCORDING TO THE CURRENT RATE SCHEDUL AT ALL POINTS OF DELIVERY, WITH A MINIMUM BILLING OF $90.00 PER MONTH FOR CONSUMPTION OF LESS THAN 500,000 GALLONS, AND TO EXTEND FOR A PERIOD OF FIVE (5) YEARS FROM THE EFFECTIVE DATE UP TO AND INCLUDING OCTOBER 1, 1959, FOR AND IN CONSIDERATION OF THE TERMS AND CONDITIONS AS SET FORTH IN A COPY OF THE CONTRACT 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 BE, AND HE IS HEREBY AUTHORIZED AND DIRECTED FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CONTRACT WITH CORPUS CHRISTI INC., OPERATORS OF TOM GRAHAM GARDENS, AGREEING TO FURNISH TOM GRAHAM GARDENS TREATED WATER ACCORDING TO THE CURRENT RATE SCHEDULE AT ALL POINTS OF DELIVERY, WITH A MINIMUM BILLING OF $90.00 PER MONTH FOR CONSUMPTION OF LESS THAN 500,000 GALLONS, AND TO EXTEND FOR -A PERIOD OF FIVE (5) YEARS FROM THE EFFECTIVE DATE UP TO AND INCLUDING OCTOBER 11 1959, FOR AND IN CONSIDERATION OF THE TERMS AND CONDITIONS AS SET FORTH IN A COPY OF THE CONTRACT ATTACHED HERETO AND MADE A PART HEREOF. SECTION. 2. THE NECESSITY FOR PLACING THIS CONTRACT IN EFFECT AT THE EARLIEST POSSIBLE DATE IN ORDER TO MAKE OFFICIAL A BILLING PRACTICE WHICH HAS EXISTED FOR SEVERAL YEARS, 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 IMPER- ATIVE NECESSITY EXIST, AND HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED, AND THAT THIS RESOLUTION BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORC E AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SOORDAINED. 9 �j PASSED AND APPROVED, THIS THE A / DAY OF A �, 1954. A T� o CITY SECRETAR i // MAYO APPR VED AS �EGAL`FORM:V HE CITY OF CORPU CHRISTI, TEXAS CITY TTO NEY -S- THE 9MM Os TWAiR ( ) Comm 0 XOM C } WXWMSj, the City of Carl* Christi, Texas, a municipal corporation, is AM the Owner of its voter distribution system and is NWMpd in SgMlylAg Water fox industrial and damestic parposes3 and Wes, in Conducting Such business, said City ispwmds Water used for such industrial sag dpmastic purposes in a reservoir 'out" at or near CaolaUsn' Texas, from *ieh such voter is and will be conducted in maims and distributed to its useras and WSJ, the said City of Corpus Owisti, Texas, is dealrcwa Of furnishing tar CCarpus Christi Incorporated voter to be used by Tom Gmham Oardn", I&I Daboey, Carpm Christi, Immaa, its sucesaaore and assigns: VDW, MMM, M8 OWMACT AM Jim, this day us" and catered into by and betWSan the City of Corpua Christi, Texas, acting by and three& its duly authorised officers, bersisa der called "City", and said Cospw Christi bWmVorated hereinafter designated "Tam Qr*bam Gardeme, WITSIOSXTSr in ocasidesstirm of the promises and the am of Ten iollass (410.00) cash in band Vold to City, by Team ftVb a Oardsa+s, the raseipt of v+hich is harerby acknowledged, and the further Comaidsratiea of the im+awuwd income to said City by Purina of the says of treated Water to sold Tam &sham dardeaa, ita ausaassera mad aasig=, it is &&s" AS follows: 1 I UM Ahhg PZ;i t city agrees to sell, W&Jout to the conditions herainatter set forth, such treated water as shall be demamd+d by Tam ftsban Qsrders recording to the current rate ,'•. II THhI11 OF C=S&CT: ft a oblilpAlons of the parties hereto ehall be bindim east ahahl e:tesd fras the daft beraoi UP to and imclnd- ing October 10 1959. III P 1i Qt gp= or MM WAMS City nor► operates and agint"m three main pips lines for the traaapartatioa of water frog Calallan, Tema, to the City of Corpass Christi for distribution of Us seem to domestic and indWals.1 c=wAM in =A sear the City of corpus Owisti, Texas. city ^Foes to deliver to Tan Lcsehsn Gardens treated water from such mains of the seem type and *-U%y as is furnished by it to such domestic and industrial eanavosers, and Tan fvbam oardans sgrems to tats the seem free the sates of the City at a point or points to be agreed on by time Parties huereto, all in ae=rdaacm with the terms and oordltiMs of this oontraet. It is agreed that delivery may be 1040 'thm4h mina ter more sorters, as the City my, at its option,, deterMue but in the event mere than, Dose mater is Uwtallad, the combined reading at 013. m0tors shrli be cm- sideret as sees reeding for the Purpose of determining the gamatity of rater used under the terns of this agreement. IV Q�► WAM: fto treated water deliverable hars- under shall be measured by a suitable rater meter or raters of standard make, same to be furnished, installed, and kept in repair by the City at or near the P3aee of delivery. Chocks as to the aecurscy of the 2 teeter or movers shall be made somi -e=wx ly. City shell notify 'An arshms pardons in writing tea► (10) dap is adteneo of all natal -snamai cheeks and tests in order that Ten Graham Gardens my have a representa- tive present as a witness. Semi- aunual toots as to the accuracy of the meter or motors installed by the City shell be at the City's expense. TS either City or Rem Graham gardens at any time shall notify the other that it desires a special test of any meter, the parties shall eoeperate to secure an Insodisto verification of the accuracy thereof and joint observations of any adjustments. If upon say each special test of may meter the some is found to be less than #oar percent high or lows the cost of such test shall be paid by the party roguesting it, othervise, by the other party. Mich party shall gyve to the other notice of the time of any such test reasonably in advanee 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 four percent high or low, previous readings of the soma shell be considered correct in computing the volums of vater delivered by the City to Ran graham Gtardeass but such meter abo 1 be at once properly adjusted to record accurately. If on wq test, City's meter shall be round to be inscourate by an amount ssceading four percent, than say previous reading of such meters shall be corrected for any perm vhich is definitely ]novas or agreed upwns but no such correction shall . extend bask over a period begianiag sore than fifteen (15) days prior to the time when such inaccuracy was first cede bwm by either party to the other. If for any reason the City's meter is out or service so that the volume of eater deliverable here- under cannot be ascertained or computed from meter readings thenofs the ester delivered daring the period such meter is or vas oat of service shall be estimated and agreed upon by the parties hereto upon the basis of the beat data available. 3 v s At the point of dalivsry of such water City shaft at all times maintain a pressure of not lass than forty wwAs per agwuv inch and shall undertake to maintain an average pressure of fifty POURAS per square inch. V1 ?ADO=-. Payments for any and all vainer sold by City to Tom Graham Gardens shall be made mDathly at the Publie utilities Glfice at the City Bali of Corpus Christi, 'faxes, and all bills therefore shall be paid on or before the due date staged on the bills for all eater sold and delivered hereunder during the precodinB 30 day period as desigmtsd by the meter reading date. dtataments shall be mailed. to Toss arsh m Gardens within five days of the meter rending date showing the volume of water delivered, and the sum of money due City therefor during each preceding billing period. vii Pray : this contract is entered into and the cola of voter herwzAer is made subject at all trots to the same reVxlaticros as govern the sale of water to any domestic user within the City's water system. It is ap4wd that TM Grahm Hardens shall be subject to all of the rules, regulations and/or regulatory ordineaces mar in effect or which may hereinafter be asmeted for the cOaserMtian of later or for the purpose of giving priority to doasstic user during say later shorAW' M1 RWMMOS 09 MUM It is distinctly understood and agreed that said Tom Graham Gardens shall not deliver or sell later obtained under this contract to any other person, firm or corporation. TX MW X dBLTOM N .. This aontmet isposes - oblipti- 4 upon TOR aruhem Gatdans to purchase say mininum smF of water in my billing period th"uOmt the period of this contrast, but Tao GrOhea O rdens shall pay during the life of this contract the m niman sea of ninety dollars ($90.00) per math, regerdless of wbether MAY water is used or not, the same to be payable as or before the due date on the bills for each preceding billing period; provided, however, if the volume of water consumed by ToaG ahom dardeas at the SPP110012 rate heroinabove set forth during orW billing period aeiauats to more than ninety dollars ($90.00), then such fined xmtbly am of nIMV dollars ($A.00) sball be credited upon the amnaxnt dui. Hovever, if the volur of water eonvned by Tba Qm moo Onions at the Vplieable rate hereinabove set forth during a" billing Pori*& arssusts to 2000 than the fixed svm of ninety- dollars ($90.00), then in addition to the Payer ment for such water actually emsueed Tm !b shm Gard— shall pry the difference between the mmmt due the City for water actually so aemsmad and the sum of ninety dollars ($90.00). gat& sums sball be payable at the time and place hereinafter provided for. x BMMM (W Tel MAW GUMM TA ` Cwt if for any reason Tam Graham Qaxdens should shut damn or becewe i2sperativ0 for a period of at least twelve (12) consecutive months, than TM ftsbas hardens may cancel and terminate tig contract in its entirety, by giving thirty (30) days written notice to City by registered sail addressed to it at corpru Christi, Texas. If Tor 9rahemGardaus gives City said written notice, then after the mmirstiou of thirty (30) days free the date of the metling of said notice to City, v above provided, this contract shall beeme null sad void. 11 xI YOM XM if City should be prevented# wholly or in part from fulfilling its obligstiaas under this contract by reason of any act of God, unavoidable accident, acts of ensMy, stribesf fires, floods, governmental restraint or regulation, or other camms" of force majeure, then the Obligations of the City to deliver voter to Tom Graben: Uardens, as herainsbove provided, -&]I be temporarily suspended during continuation of such force majoure. RD damage $hell be recoverable by Tom Grol m Gardens from City by reason of the temporary suspension of deliveries of Crater due to any of the causes above mentioned. If the City's obligation shmAld be affected by any such causes, City shall promptly notify Tan lushes (hardens in Witing, giving full particulars of such foss mjeure as soon as possible after the occurrence of the cause or em"s relied upon. im AMIMAEiJ.I'1'Y: This contract may be assigned only with the written consent of the governing body of the City, but if assigned, this contract shall be binding upon the parties hereto as well es their suc- cessors a:ui assigns. nil agMMM or PR= : &otwithstandiug may of the provisions of this contracts it is agreed that the prises provided herein era M*- Jett to adjustment upward to the extant that in DO event shall the City be compelled to furnish water under the provisions of this contract, at a pries lower than that charged to say other Mummer of water having o point of delivery inside the City Limits of the City of Corpus Christi and using voter in comparable quantities. 6 TX VnIm wunw, t m Vora" bwm berato @ sae& us" Preseats to be duly executed this lot day of October, 19%. city reUZ7-- APPWM AS TO %WGAL YOPW 1 City AtiRiiy ci'17P or cma Cman, =AB B City %6agwr- ., Wee Prey f Jr., ROMER Secretary Tressarer CORPUS CHRISTI, TEXAS 1954 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN: FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF 7HE CHARTER RULE OR REQUIREMENT THAT NO ORD NANCE OF RESOLUTION SHALL. BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH OP,DINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, MAYOW, "C CITY(ttF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: P. C. CALLAWAYI ELLROY KING ,JAMES S. NAISMITH W. JAMES BRACE / 7 F. P. PETERSON, JR THE ABOVC ORDINANCE WAS PASSED BY THE FOLLOWING COTE:/, P. C. CALLAWAY ELLROY KING JAMES S. NAISMITH W. JAMES BRACE F, P. PETERSON, JR.