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.