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HomeMy WebLinkAbout04313 ORD - 08/10/1955IMS:AC:8.9 /55 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY MANAGER OF A WATER CONTRACT BETWEEN LOWER NUECES RIVER 'WATER SUPPLY DISTRICT AND THE CITY OF CORPUS CHRISTI, HERETOFORE AUTHORIZED BY THE QUALIFIED VOTERS OF THE CITY OF CORPUS CHRISTI AT AN ELECTION HELD DECEMBER 13, 1952; AND DECLARING AN EMERGENCY. WHEREAS, AT AN ELECTION HELD ON DECEMBER 131 1952, THE QUALIFIED VOTERS OF THE CITY OF CORPUS CHRISTI AUTHORIZED THE EXECUTION FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI OF A WATER CONTRACT; AND WHEREAS, ALL OF THE PREREQUISITES AND PRELIMINARY ACTION CONTEMPLATED f TO BE TAKEN PRIOR TO THE EXECUTION OF SAID CONTRACT HAVE BEEN TAKEN AND COMPLETED; NOW, THEREFORE, 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 FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE THAT CERTAIN WATER CONTRACT, A COPY OF WHICH 15 ATTACHED HERETO AND MADE A PART HEREOF, BY AND BETWEEN LOWER NUECES RIVER WATER SUPPLY DISTRICT AND THE CITY OF CORPUS CHRISTI FOR THE OPERATION OF THE LAKE CORPUS CHRISTI WATER RESERVOIR CONSTRUCTION PERIOD, AND FOLLOWING THE CONSTRUCTION PERIOD UNTIL THE PAYMENT OF ALL INDEBTEDNESS AGAINST SAID RESERVOIR AND NEW DAM AND OTHER IMPROVEMENTS INCIDENTAL THERETO,UPON WHICH OCCASION SAID CONTRACT WILL TERMINATE AND SAID RESERVOIR PROPERTY BE CONVEYED TO THE CITY OF CORPUS CHRISTI. SECTION 2. THE NECESSITY FOR PROMPT EXECUTION OF SAID CONTRACT SO AS TO FACILITATE THE EARLY COMMENCEMENT OF CONSTRUCTION UPON THE DAM AND WATER RESERVOIR CONTEMPLATED IN SAID CONTRACT 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, HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE 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 IS ACCORD- INGLY PASSED AND APPROVED, THIS THE AY OF AUGUST, 1955- ATTESTr�� /7 P4AYOR [� THE CITY OF CORPUS CHRISTI, TEXAS CITY SECRETARY / APPR ED AS TO GAL FORM AUG T _�, 1955: CITY AT ORNEY 4313 WATER CONTRACT BETWEEN LOWER NUECES RIVER WATER SUPPLY DISTRICT AND CITY OF CORPUS CHRISTI THE STATE OF TEXAS COUNTY OF NUECES THIS AGREEMENT,, MADE AND ENTERED INTO BY AND BETWEEN. THE LOWER NUECES RIVER WATER SUP- PLY DISTRICT, A MUNICIPAL CORPORATION, AS CREATED BY CHAPTER 159 or THE ACTS OF THE 51ST LESISLATURE 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 DUL'f AUTHORIZED BY THE CITY COUNCIL OF SAID CITY, W I T N E S S E T H; WHEREAS, THE DISTRICT, BY THE AFOREMENTIONED ACTS.OF ITS CREATION, IS VESTED WITH ALL THE RIGHT5, POWERS, PRIVILEGES AND DUTJE,S CONFERRED AND IMPOSXD 'Bf THE GENERAL LAWS OF THIS STATE NOW IN FORCE OR HEREAFTER ENACTED APPLICABLE TO WATER CONTROL AND IMPROVEMENT DISTRICTS GRANTED UNDER AUTHORITY OF SECTION 59, ARTICLE 16 OF THE CONSTITUTION, INCLUDING THE RIGHT TO ISSUE BONDS FOR ANY AND 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 IMPROVEMENTS 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 AEASURE 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 DISTRICT'S.PROPERTIES, PLANTS AND FACILITIES UP- ON TERMS AND CONDITIONS TO BE SPECIFIED IN SUCH CONTRACT OR CONTRACTS; AND WHEREAS, UNDER PLANS FORMULATED, PREPARED AND APPROVED BY THE DISTRICT AND ITS ENGINEERS FOR THE CONSTRUCTION OF NEW I.MPOUNDINg FACILITIES BY MEANS OF A NEW DAM ON THE NUECES RIVER JUSy BELOW THE .PRESENT MATHIS DAM; PHERE l$ TD BE - CREATED A RE$ERVOIR OF MUCH GREATER CAPACITY, OFFERING TO THE CITY A MUCH' NEEDED AND.MORE ABUNDANT SOURCE OF WATER SUPPLY THAN THAT AFFORDED BY THE PRESENT FACILITIES AT LAKE CORPUS CHRISTI NOW OWNED BY THE DISTRICT; AND WHEREAS, BY VIRTUE OF AN ELECTION HELD IN THE DISTRICT FOR SUCH PURPOSE IN ACCORD- ANCE WITH THE REQUIREMENTS.OF LAW THEREUNTO A.PPERTAI MING, THE DISTRICT'S BOARD OF DIRECTORS HAS BEEN DULY AUTHORIZED AND EMPOWERED TO .ISSUE BONDS OF THE DI$IRICT IN AN AMOUNT SUF- FICIENT TO PERMIT IT TO PERFORM ITS AGREEMENTS WITH RESPECT TO THE CONSTRUCTION AND COMPL9- TION OF THE NEW RESERVOIR PROJECT AFORESAID; AND WHEREAS, THE PARTIES HERETO CONSIDER THAT IT KILL BE.TO .THEIR MUTUAL BENEFIT AND ADVANTAGE TO ENTER INTO THE COVENANTS AND AGREEMENTS HEREINAFTER SET OUT IIN ORDER THAT THE DISTRICT MAY CONSTRUCT-THE RIS;:kYOfR PROJECT A.NDTKWNS AFFORD T-OE CITY A.MUCH NEEDED INCREASE OF WATER SUPPLY AND A MUCH MORE AQ�UUNDANT SOURCE OF WATER THAN WOULD OTHERWISE BE AVAILABLE; AND WHEREAS, THE DISTRICT9S ENGINEERS .HAVE W Y04", ED THAT THE AMOUNT OF WATER WHICH WILL BE AVAILABLE UPON COMPLETION OF THE AFORESAID DAM AND RESERVOIR WILL BE.ENTI.RELY ADEQUATE FOR ALL PRESENT AND�'REASONABLY FORESEEABL; E' REQUIREMENTS :,x;O FURNISH THE CITY WITH A DIRELY NEEDED ADDITIONAL WATER SUPPLY TO 'i NSORE IT THEAB.ILITY ,TO MEET ITS PRESENT REQUIREMENTS AND FOR ITS FUTURE GROWTH AND DEVELOPMENT; AND WHEREAS, THE C.I TY IS NOW THE .OWNER - -AND HQLD.iit OF WATER PEAKI T NO. 933 AND ITS AMEND- MENTS ISSUED BY THE BOARD OF WATER- EN.GIN£ER$ OF THE - STATE -DF TEXAS, WHEREIN -THE SAID CITY IS AUTHORIZED TO APPROPRIATE AND, LSE ",NOT TO- EXC}'.,ED 5Q0-,AOD_ACRE FEET OF WATER PER'AANNUM FROM THE UNAPPROPRIATED WATERS OF THE %Nb ECEs RAY £ fE'ir0R -D:DMEST,IC AND *UN.ICI-PAL,MANUF.ACTUR- ING, RECREATION, MIMING AND IRRIGATION PURPDSE9,.'�KtID. TO IMPOUND FOR SUCH PU,RPO5E5.500,O0() ACRE FEET OF SAID WATERS., THE FULL BENEFIT OF WHICH ,PERMIT CAN NOT BE.REALFZED BY THE PRE- SENT IMPOUNDING FACILITIES; AND WHEREAS, THE PARTIES HERETO HAVE MUTUALLY AGREED UPON THE PROPOSITION THAT IT IS FEASIBLE AND ECONOMICALLY ADVISABLE TO PROVIDE THAT THE C. TY SHALL HEREAFTER OP- ERATE AND MAINTAIN THE DAM AND - IMPOUNDING FACILITIES, AS WELL AS SUCH WELLS, WELL SITES, PUMPING EQUIPMENT AND GATHERING SYSTEM NOW OWNED BY THE DISTRICT; AND WHEREAS, PURSUANT TO THE AUTHORITY OF AND IN FULL COMPLIANCE WITH THE PROVISIONS OF ARTICLE 1109E, THE DISTRICT AND CITY HAVE HERETOFORE DULY ENTERED 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 AGREE'.ME.NT,THE. SAID PREVIOUS AGREEMENT OR CONTRACT TO BE HEREBY RESCINDED IN FAVOR -0F 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 342, 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 CCVENANTS, HOWEVER, THAT THE CITY SHALL BE PROTECTED IN ITS USE OF THE -3- PRESENT RESERVOIR AND WELL AND PUMPING FACILITIES TO THE END THAT THE CITY SHALL CONTINUE: TO HAVE A SUPPLY OF WATER UNINTERFERED WITH BY AND DURING CONSTRUCTION OPERATIONS. SECTION 2. IT IS UNDERS700D 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 FACIL.ITIESs 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 D18TP.ICT`S RESERVOIR PROJECT, IT BEING ESPECIALLY UNDERSTOOD AND AGREED BY THE PARTIES THAT THE ACQUISITION AND OWNERSHIP OF SAIO DAM AND RESERVOIR SHALL BE SOLE- LY THE REGPONSIBI LITY AND LIABILITY OF THE DISTRICTS AND THE CITY, EXCEPT AS HEREIN PROVIDED, 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 PURCHASES 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 ENDS 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 3e THE CITY AGREES AND COVENANTS THAT WHEN THE DAM AND IMPOUNDING FACIL- ITIES HAVE BEEN COMPLETED AND HAVE BEEN APPROVED BY THE DISTRICTS ENGINEER AND ACCEPT- ED Br THE DISTRICT FROM THE CONTRACTOR OR CONTRACTORS TO BE ENGAGED BY THE DISTRICT FOR 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 CONSTRUCTION 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 PROJECT 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 FJ NAL AND BINDING UPON THE PARTIES HERETO. IN THE EVENT SUCH ENGINEER SHALL FIND SAID DAM OR ANY OTHER FACIL- ITIE5 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 PROJECTS CONTINUING' HOWEVERp 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 REPAIR 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 FURTHER AGREES THAT UPON THE EXECUTION HEREOF AND DURING THE TERM OF THIS CONTRACT, IT WILL TAKE OVER AND BE RESPONSIBLE FOR THE UP -KEEP1 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- ERATIMN OF CONCESSIONS THEREON OR THE EXECUTION OF LEASES THEREOF. SECTION H. 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 fZ L AND DEVELOPMENT OF OILS GAS OR OTHER MINERALS. IT IS FURTHER AGREED AND UNDERSTOOD THAT THE CITY SHALL ASIDE BY AND ENFORCE ALL REASONABLE RULES AND REGULATIONS AS MAY BE 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 OFD ALONG, AND ACROSS ALL LANDS 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 M.AINTENACE OF SAID PROJECT. SECTION 10. IT 13-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 WITH THE CITY'S RATE SCHEDULES AND REQUIREMENTS APPLICABLE TO THE VARIOUS CLASSIFICATIONS OF SERVICES INCLUDING SUCH REQUIREMENTS AS THE CITY MAY PRESCRIBE FOR SUBDIVISIONS AND NEW CONSUMERS. SECTION 11. FOR AND IN CONSIDERATION OF THE DISTRICTS UNDERTAKING THE CONSTRUC- TION OF THE NEW RESERVOIR PROJECT] 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 AGREEMENTS SUCH CITY WILL WELL AND TRULY PAY TO THE DISTRICT THE SUM OF $25,000.00 ON OR BEFORE THE 151H DAY OF EACH.MONTH NEXT SUCCEEDING THE DATE OF THE EXECUTION OF THIS CON'T'RACT (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 DISTRICTS 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 REMAIN IN FORCE, IN CONSIDERATION OF THE AFORESAID MINIMUM MONTHLY PAYMENTS OF $140,000.00 AFTER COMPLETION AND ACCEPTANCE OF THE RESERVOIR PROJECT (POST CONSTRUCTION PERIOD), THE CITY SHALL BE ENTITLED TO TAKE AND RECEIVE FROM THE RESERVOIR FACILITIES A.MAXJMUM OF FOURTEEN BILLION 1114,000,0OO,ODO) GALLONS OF WATER PER YEAR. THE CITY FURTHER AGREES THAT IT SHALL BE OBLIGATED TO PAY FOR ALL AMOUNTS OF WATER TAKEN AND RECEIVED BY IT IN EXCESS OF FOURTEEN BILLION (14,000, 000,000) GALLONS IN ACCORDANCE WITH THE FOLLOWING SCHEDULE; (A) 114,000,0DO,00l GALLONS TO 25,000,000,0Q0 GALLONS AT THE RATE OF 3 1/40 PER 4,000 GALLONS; (B) 25,000,000,001 GALLONS TO 30,000,OOO,OOQ GALLONS AT THE RATE OF 30 PER 1,000 GALLONS; (C) 30,000,000,001 GALLONS TO 35,000,0001000 GALLONS AT THE RATE OF 20 PER 1,000 GALLONS; (D) ALL OVER 35j000$OOO,000 GALLONS AT THE RATE OF 1 1/2¢ PER 1,000 GALLONS. THE CITY SHALL WELL AND TRULY PAY TO THE DISTRICT ALL SUCH ADDITIONAL PAYMENTS AS NAY BECAME DUE UNDER THE FOREGOING SCHEQRLE, 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 14EW RESERVOIR FACILITIES AND THE CfTY'S ACCEPTACE THEREOF, THE DISTRICT AGREES THAT 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 (1,000,000,000) GALLONS PER MONTH, THE CITY SHALL BE OBLIGATED TO PAY ONLY THE SUM OF THREE AND ONE -HALF CENTS (3 1/2¢) PER 1,000 GALLONS OF WATER RECEIVED BY IT FROM SAID FACILITIES IN EACH SUCH MONTH.7�-ALL AMOUNTS TO BE RECEIVED BY THE Df STRICT, 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- RIYED FROM TAXATION. SECTION 12. FOR THE PURPOSE OF MEASURING THE QUANTITIES OF WATER TAKEN AND RE- CEIVED BY THE CITY DURING THE POST CONSTRUCTION PERIOD FOR COMPUTATION OF THE PAYMENTS Sm TO BE MADE BY THE CITY TO THE DISTRICT DURING SUCH .PERIOD, AS HERFINABOVE 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 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 WATER FROM SAID RESERVOIR PROJECT, AND SUCH AS WILL PER- MIT THE DETERMINATION OF QUANTITIES IN UNITS OF 1,000 GALLONS, 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 SJlCH OCCASION WAIVE ITS RIGHT TO BE REPRESENTED. THE DU4Y AUTHORIYED 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 WITHfN 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 TES -TS 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 3aINT 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 OTHER, 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 RECORDSa ALL BILLfNGS 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 REAOfNGS TAKEN AS AFORESAID. -9- SEC'T'ION 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 1OTH DAY OF EACH MONTH AND THAT THE CITY WILL REMIT SUCH AMOUNTS TO THE DISTRICT ON OR BEFORE THE 151H 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 ADDI'T'ION TO THE AMOUNTS BILLED,, AGREES TO PAY THE DISTRICT $25.00 FOR EACH DAY IT IS DELINQUENT IN THE PAYMENT OF ANY MONTHLY STATEMENT. SECTION 14. IT IS FURTHER .AGREED AND UNDERSTOOD THAT THE CITY SHALL RETAIN OWNER- SHIP OF THE WATER PERMITS HERETOFORE ISSUED TO IT BY THE .BOARD OF WATER ENGINEERS OF THE STATE OF TEYAS, AS MEN "1'IONED IN THE PREAMBLE HEREOF, AND THAT 5Ui :H 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 POSSESS AND IMPOUND FOR THE CITY ALL WATERS WHICH THE CITY 15 AUTHORIZED TO APPROPRIATE UNDER THE AFORESAID.PERMITS, AND THAT THE DIS- TRICT SHALL. ACT AS THE CITY'S AGENT IN FXERCISING WATER RIGHTS .UNDER SUCH PERMITS. SECTION 15. THE DISTRICT AGREES THAT 50 LONG AS THIS CONTRACT SHALL BE IN FORCE, IT WILL NOT ENTER INTO ANY OTHER CONTRACT 10 SUPPLY WATER DOT 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. 1'7- 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 15. AGREED THAT THE CITY SHALL COM, PENSATE THE DIS'TRSCT THEREFOR UNDER THE PROVISIONS OF SECTION 11 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 15 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 P'�RPOSES SHALL BE IN ADDITION TO THOSE 4MOUNTS TO WHICH IT SHALL -BE ENTITLED, AND THE. WATER SO TAKEN SHALL NOT BE CONSTRUED AS WATER RECEIVED BY THE CITY, UN- DER THE PROVISIONS OF SECTION 11 HEREOF. AS USED 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 son 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 I'TS E::ECUTION 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 RECORDS OF THE DISTRICT HAVE BEEN FULLY PAID, DIR CHARGED, REDEEMED AND RETIRED PRIOR TO THE EXPIRATION OF 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 DISTRICTS 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 PREVAILING AT THAT TIME BUT PROVIDING AMONG OTHER THINGS THAT THE CITY SHALL PAY FOR WATER RECEIVFD BY IT FROM THE DISTRICT S RESERVOIR FACILITIES _ ONLY SUCH RATES AS MAY PROVIDE THE DISTRICT WITH THE AMOUNTS REQUIR- ED TO PAY AND DISCHARGE ITS THEN OUTSTANDING BONDS AND OTHER INDEBTEDNESS RELAYING 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 DISTRICTS -BONDS AND OTHER INDEBTEDNESS RELATING TO SUCH PROJECT OR, UPON THE TERMINATION OF ANY. NEW CONTRACT ENTERED INTO UPON EXPIRATION OF THE ORIGINAL 30 YEAR PERIOD AS ABOVE PROVIDED FOR, THEN THE CITY SHALL HAVE THE OPTION OF TAKING TITLE TO THE RESERVOIR PGORERITES FROM THE DISTRICT UNDER SUCH PROCEDURE AND FOR .SUGH'.MINIMUM PAY-, MENT AS MAV BE REQUIRED BY LAW AT THAT TIME, AND UNDER. AGREEMENTS GIVING FULL RECOGNIATION 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 IS 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 DISTRICTS BONDS AND OTHER INDEBTEDNESS RELATING TO SAID PROJECT, OUTSTANDING AT SUCH TIME, AND IN THE #`EVENT THE DISTRICT SHALL BE OBLIGATED TO DEVOTE SUCH MONEY TO THE DISCHARGE AND RETIREMENT OF �C SUCH BONDS AND OTHER INDEBTEDNESS RELATING TO SAID PROJECT.IN ACCORDANCE WITH LAW AND IN COMPLIANCE WITH THE REDEMPTION PROVISIONS PERTAINING TO SUCH BONDS AND OTHER- INDEBTED- NESS RELATING TO SAID PROJECT, AND WHEN SAME HAVE BEEN RETIRED AND CANCELLED THIS CON- TRACT SHALL TERMINATE AS ABOVE PROVIDED. SECTION 17, IT IS FURTHER UNDERSTOOD AND AGREED BY EACH OF THE .PARTIES HERETO THAT WHERE, DUE TO ACTS OF GOD, PUBLIC CALAMITY, INABILITY TO PROCURE LABOR AND MATERIAL, OR OTHER CAUSE REASONABLY BEYOND THE DISTRICTS CONTROL, IT IS UNABLE TO CONSTRUCT, OR IS DELAYED IN THE CONSTRUCTION OF THE RESERVOIR PROJECTS IT SHALL NOT BE HELD IN DEFAULT OF THE PROVISIONS HEREOF AND NOT BE LIABLE TO THE CITY IN ANY.MANNER OR SUM WHATSOEVER. IN THE .EVENT) HOWEVER, THAT FOR REASONS BEYOND ITS CONTROL, THE DISTRICT SHALL HE INTERRUPT- ED IN THE CONSTRUCTION OF THE RESERVOIR PROJECT, ONCE BEGUN, AND IT SHOULD APPEAR THE DISTRICT WILL NEVER BE ABLE TO COMPLETE SAME WITHOUT FINANCIAL ASSISTANCE, THE CITY MAY, AT ITS OPTION, GIVE SUCH FINANCIAL ASSISTANCE AS IT MAY LEGALLY GIVE IN ORDER TO COMPLETE THE PROJECT.. IN SUCH EVENT THE PARTIES SHALL BE EMPOWERED TO RENEGOTIATE AND REFORM THE TERMS OF THIS AGREEMENT TO ACCORD WITH THE CIRCUMSTANCES THEN EXISTING. SECTION 18. IN ORDER TO MAKE THIS CONTRACT FULLY BINDING, EACH OF THE PARTIES HAS BEEN DULY AUTHORIZED HEREUNTO AND IN THE EXECUTION HEREOF BY PROPER ORDINANCE OR RE504U- TION OF ITS RESPECTIVE GOVERNING BODY, CERTIFIED COPIES OF WHICH ARE ATTACHED HERETO. SECTION 19. ALL OF THE TERMS, CONDITIONS AND OBLIGATIONS OF THIS AGREEMENT SHALL BE BINDING UPON AND INURE TO THE BENEFIT OF THE PARTIES.HERETO, THEIR SUCCESSORS AND ASSIGNS BUT NEITHER PARTY SHALL ASSIGN THIS CONTRACT OR ANY PART THEREOF WITHOUT THE PRIOR WRITTEN CONSENT OF THE OTHER. SECTION 20. UPON THE EXECUTION OF THIS CONTRACT IN CONFORMITY WITH AND PURSUANT TO THE AUTHORITY OF ARTICLE 1109E, VERNON'S ANNOTATED TEXAS.CIVIL STATUTES, 1925, AS AMENDED, THE CONTRACT OF THE SAME PARTIES ENTERED INTO ON THE 16TH DAY OF NOVEMBERS A. D. 1950, SHALL BE WHOLLY SUPERSEDED HEREBY AND UPON THIS CONTRACT BEING IN FULL FORCE AND EFFECT SAID PREVIOUS CONTRACT SHALL BE RESCINDED, OTHERWISE TO REMAIN BINDING AND FULLY OPERATIVE.. - -12- IN WITNESS WHEREOFP THE PARTIES HERETO HAVE CAUSED THIS INSTRUMENT TO BE EXECUTED BY THEIR DULY AUTHORIZED REPRESENTATIVES THIS THE /d 4—DAY OF A.D. X95 LOWE b ES.RIVER WATER SUPPLY DISTRICT BY� RESIDENT ATTEST: SECRETARY APPROVED AS TO LEGAL FORM: ATTORNEY FOR LOWER NUECES RIVER WATER SUPPLY DISTRICT ATTEST: CITY SECRETARY APPROVED AS TO LEGAL FORM: CITY ATTORNEY -�3- CITY OF CORPUS CHRISTI, TEXAS BY CITY MANAGER CORPUS CHRISTI, TF_XAS O 1955 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 SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT 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 MEETINGS OF THE CITY COUNCIL: 11 THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCEDy OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER PULE WAS SUSPENDED BY THE FOLLOWING VOTE: FARRELL D. SMITH MINOR CULLI W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: FARRELL D. SMITH MINOR CULLI W. J. ROBERTS B. E. BIGLER MANUEL P. MAL DONADO 4313