Loading...
HomeMy WebLinkAbout05066 ORD - 06/18/1958. MStA 'At$/lO/5s AN ORDINANCE ESTABLISHING THE POLICY OF THE CITY OF CORPUS CHRISTI FOR EXTENSION'OF THE CITY-WATER SYSTEM TO AREAS OUTSIDE THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI; PROVIDING PROCEOUR4;FOR ADMINISTERING SUCH POLICY; AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO'DETERMINE CERTAIN MATTERS AND EXECUTE CONTRACTS FOR AND ON BEHALF OF THE CITY IN ACCORD- ANCE WITH THE PROVISIONS OF THIS ORDINANCE; ANIX11CUARINC XNXKIRNf gv4 c WHEREAS; IT HAS BEEN THE ESTABLISHED POLICY OF THE CITY OF CORPUS , ;KRISTI AND ITS WATER DIVISION OF THE DEPARTMENT or PUBLIC UTILITIES TO "F MNISH WATER"OUT31 *9 OF THE CITY LIMITS OF THE CITY OF CORPUS CHRISTI SKY ON THE AGRCCMCNT OF THE APPLICANT FOR SERVICE► TO THE ANNEXATION OF THE ARCA TO OC FURNISHED WITH A WATER SUPPLY AND THE FILING OF A PLAT MEETING THE REQUIREMENTS-OF THE CITY PLATTING ORDINANCE'AND OFFICIALLY APPROVED NY THE ZONING AND PLANNING COMMISSION; AND WHEREAS OWNERS OF LAND AREAS WHICH ARE NOT SUFFICIENTLY CLOSE TO THE PRESENT CITY LIMITS OF THE CITY OF CORPUS CHRISTI TO BE ANNEXED WITHIN A SHORT TIMEA" DESIROUS•OF DEVELOPING SUCH AREAS FOR INDUSTRIAL USE AND fOR_SUBOIVISIONS AND IT IS NECESSARY FOR SUCH DEVELOPMENT THAT ' WATER SERVICE BE FYRNI3HED FROM THE WATER DIVISION OF THE DEPARTMENT OF PUBLIC UTILITIES OF THE CITY OF CORPUS CHRISTI UNDER SOME ESTABLISHED POLICY WHICH WILL PROVIDE AN ADEQUATE EXTENSION Of MAINS AND DISTRIBUTION- LAMES TO MCCT THE PROBABLE AND REASONABLY FEASfBLE NEEDS OF THE AREA# BOTH At TO LOCATION OF LINES AND SIZE Of MAIMS AND DISTRIBUTION LINES; AND WHEREAS, THE CITY Of CORPUS CHRISTI 13 DESIROUS OF COOPERATING ' WITH THE OWNERS OF SAID LAND AREAS TO FACILITATE SUCH DEVELOPMENT WITHOUT DUCN COST OF MEW NA1143 AND DISTRIBUTION LINES BEING A SURDEN ON THE CON- SUMERS Of THE WATER DIVISION•AND TAXPAYERS OF THE CITY,O► CORPUS CHRISTI, AND THE POLICY HEREINAFTER PROVIDED IS ESTABLISHED WITHOUT IN ANY WAY OBLIGATING TIC CITY Of CORPUS CHRISTI TO FURNISH WATER SERVICE TO PERSONS OR INDIVIDUALS OR LAND OWNERS ,OUTSIDE Of-THE CITY LIMITS OF THE CITY OF CORPUS CHRISTI ANB WITHOUT OBLIGATING THE CITY OF CORPUS CHRISTI OR ITS DEPARTMENT OF PUSLIC UTILITIES TO EXPEND ANY ADDITIONAL FUNDS FOR THE. EXTENSION OR MAINTENANCE BEFORE ACCEPTANCE OF SUCH WATER SERVICE OUTSIDE OF THE CITY LIMITS: NOd, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT WITHOUT OBLIGATING OR COMMITTING THE CITY OF CORPUS CHRISTI TO FURNISH WATER TO AREAS OUTSIDE OF THE CITY LIMITS, IT IS HEREBY ESTABLISHED AS A POLICY TO ENTER INTO WATER SERVICE SUPPLY CONTRACTS OF THE SAME STANDARD FORM AS IS USED WITH CONSUMERS INSIDE OF THE CITY LIMITS OF THE CITY OF CORPUS CHRISTI FOR THE FURNISHING OF TREATED WATER AT THE RATES APPLICABLE AS DETERMINED AND ESTABLISHED BY THE CITY COUNCIL TO THE OWNERS OF LAND AREAS LOCATED OUTSIDE OR PARTIALLY OUTSIDE OF THE CITY LIMITS OF THE CITY OF CORPUS CHRISTI IN ACCORDANCE WITH THE PROVISIONS HEREINAFTER SET FORTH; SAID OWNER BEING HEREBY CLASSIFIED AS FOLLOWS: (A) OWNERS OF LAND AREAS DESIRING TO HAVE WATER SERVICE FURNISHED TO SAID AREAS AS A SUBDIVISION. (B) OWNERS OF LAND AREAS DESIRING TO HAVE WATER SERVICE FURNISHED FOR USE ON SAID LAND FOR SOME PURPOSE OTHER THAN FOR THE WATER SUPPLY OF A SUBDIVISION. BY THE TERM "SUBDIVISION" IS MEANT THE PROPOSED USE OF A LAND AREA BY DIVISION OF SUCH TRACT OF LAND INTO TWO OR MORE PARTS FOR SEPARATE USE OF SAID PARTS BY THE PRESENT OWNER OR BY PURCHASERS OR FUTURE OWNERS OF ONE OR MORE OF SAID PARTS, AND THE WORD "SUBDIVISION" SHALL INCLUDE ADDITIONS AND THE LAYING OUT OF LOTS OR BUILDING SITES AND/OR STREETS OR OTHER PUBLIC WAYS. SECTION 2. THE OWNER OF ANY LAND AREA DESIRING TO HAVE WATER SERVICE FURNISHED TO SAID AREAS AS A SUBDIVISION, UPON APPROVAL OF THE SUB- DIVISION PLAT BY THE ZONING AND PLANNING COMMISSION1 WITH AREAS FOR RESIDENTIAL USE AND AREAS FOR BUSINESS OR OTHER USE BEING DESIGNATED FOR THE INFORMATION OF THE ZONING AND PLANNING COMMISSION, AND COMPLIANCE WITH ALL THE REQUIREMENTS OF THE PLATTING ORDINANCE OF THE CITY WITH THE EXCEPTION THAT WHERE THE AREA TO BE SUPPLIED IS FIVE (5) MILES OR MORE OUTSIDE OF THE CITY LIMITS SECTION IV F AND SECTION V B 3 OF THE PLATTING ORDINANCE SHALL NOT BE APPLICABLE INCLUDING ALSO AN AGREEMENT TO INSTALL IMPROVEMENTS OF THE SAME SPECIFICATIONS AS SET FORTH IN SAID PLATTING ORDINANCE FOR SUBDIVISIONS WITHIN FIVE (5) MILES OF THE CITY LIMITS WITH SUCH INSTALLATION OF UTILITY LINES STREET IMPROVE- MENTS REQUIRED BY SAID PLATTING ORDINANCE TO BE COMPLETED WITHIN TWO (2) YEARS FROM THE DATE OF SUCH _ 2 _ AGREEMENT, MAY BE IS$GvED A PERMIT FOR A TAP ON THE CITY MAIN OR CITY DIS- TRIBUTION LINE, AT THE POINT, AND OF SUCH SIZE, AS DESIGNATED BY THE CITY. SUCH APPLICATION FOR A PERMIT SHALL'BE ACCOMPANIED BY A TENDER OF TAP FEES PRESCRIBED FOR SUCH CONNECTION AND A WRITTEN STATEMENT AND AGREEMENT BY SAID APPLICAMT,TO PROVIDE EASEMENTS OF SUFFICIENT SIZE AND IN THE LOCATION DESIGNATED BY THE CITY TO CONNECT FROM SAID WATER MAIN OR EXISTING WATER DISTRIBUTION LINE TO THE PROPERTY OF THE APPLICANT.- SUCH LINES SHALL BE INSTALLED AT THE COST OF THE APPLICANT BUT TO BECOME THE PROPERTY OF THE CITY BY AN EXECUTED BILL OF SALE IMMEDIATELY UPON COMPLETION AND ACCEPTANCE BY THE CITY, WITH THE APPLICANT HAVING NO RIGHT OR INTEREST THEREIN EXCEPT THE RIGHT OF REIMBURSEMENT AS IS HEREINAFTER PROVIDED IN SECTION 4 HEREOF. IN THE EVENT SUCH APPLICANT SHALL NOT HAVE COMPLETED INSTALLATION OF SAID LINES AND THE OTHER IMPROVEMENTS TO BE INSTALLED IN SAID SUBDIVISION WITHIN TWO (2) YEARS FROM THE DATE OF APPLICA- TION, THEN ALL CONNECTIONS AND INSTALLATIONS CONNECTED TO THE CITY WATER SYSTEM SHALL BE AND BECOME THE PROPERTY OF THE CITY FOR ITS SOLE CONTROL, TO BE USED AS A PART OF ITS SYSTEM OR REMOVED OR ABANDONED AS MAY BE DETERMINED BY THE CITY. ALL INSTALLATIONS ACCEPTED BY THE CITY SHALL BE MAINTAINED BY THE CITY. SECTION 3. THE OWNER OF ANY LAND WHO SHALL DESIRE TO BE FURNISHED WITH WATER FOR USE ON SAID LAND BOTH LAND AND USE TO BE MADE OF SAID WATER BEING SPECIFICALLY DESCRIBED IN THE APPLICATION FOR SUCH WATER SERVICE) FOR ANY OTHER USE THAN FOR THE SUPPLY OF A SUBDIVISION, SHALL MAKE WRITTEN APPLI- CATION FOR SUCH WATER,SERVICE BY DELIVERY OF AN APPLICATION AGREEING TO LIMIT THE USE OF SUCH WATER TO THE-PURPOSE STATED THEREIN AND TO THE AREA STATED THEREIN, AND COMMITTING THE OWNER TO PAY THE TAP FEES AND INSTALLATION COSTS OF ALL LINES AND CONNECTIONS TO THE CITY MAIN OR WATER DISTRIBUTION LINE AT THE POINT DESIGNATED BY THE CITY, WITH SUCH CONNECTING LINES TO BE OF SUCH SIZE AND SPECIFICATIONS AS SPECIFIED BY THE CITY. SUCH APPLICATION SHALL CONTAIN THE FURTHER AGREEMENT OF SAID APPLICANT TO PROVIDE THE NECESSARY EASEMENT RIGHT- OF-WAY, OF THE WIDTH NOT LESS THAN TEN FEET) AND IN THE LOCATION DETERMINED BY THE (ITY, WITH SAID EASEMENT AND PIPE LINE CONNECTION TO BE AND BECOME THE PROPERTY OF THE CITY FROM AND APTER THE INSTALLATION OF THE SAME, WITH NO RIGHT !lc l OR INTEREST OF THE SAID APPLICANT EXCEPT THE RIGHT OF PARTIAL REIMBURSEMENT AS HEREINAFTER PROVIDED IN SECTION 4. THE CONTRACT AND AGREEMENT OF THE SAID APPLICANT SHALL FURTHER PROVIDE THAT THE PURPOSE FOR WHICH SAID WATER SERVICE 13 DESIRED WILL BE STRICTLY OBSERVED AND NO SUBDIVISION OF THE AREA SHALL-BE MADE WITHOUT HAVING FIRST SUBMITTED A PLAT AND COMPLYING WITH ALL THE REQUIREMENTS OF SECTION Z OF THIS ORDINANCE AND COMPLYING WITH ALL OF THE REQUIREMENTS FOR PLATS OF SUBDIVISIONS AND INSTALLATIONS OF IMPROVEMENTS IN SUBOIVISION3 PROVIDED IN THE CITY PLATTING ORDINANCE FOR SUBDIVISIONS WITHIN FIVE (5) 10ILE3 OF THE CITY LIMITS, REQUIRED FOR APPROVAL OF A PLAT BY.THE ZONING AND PLANNING COMMISSION, REGARDLESS OF THE LOCATION OF SAID LAND* SULK APPLICATION SHALL CONTAIN THE FURTHER PROVISION AND STATE- MENT SHOWING THAT THE PURP03E FOR WHICH SAID WATER SERVICE IS DESIRED IS IN KEEPING WITH THE USE OF LAND AS 13 DESIGNATED BY THE MASTER PLAN OF THE CITY OF CORPUS CHRISTI, OR EXTENSIONS OF SUCH PLAN SPECIFICALLY APPROVED BY THE CITY ZONING AND PLANNING COMMISSION, AS APPLIED TO,THE LAND DESCRIBED IN SAID APPLICATION. SAID APPLICATION AND AGREEMENT SHALL FURTHER PROVIDE THAT ANY BREACH 01 VIOLATION OR FAILURE TO COMPLY WITH ANY OF THE PROVISIONS OF SAID APPLICATION, FAILURE TO COMPLY WITH ANY OF THE PROVISIONS OR RE- QUIREMENTS OF THE CITY PLATTING ORDINANCE APPLICABLE, FAILURE TO COMPLY WITH THE PROVISIONS OF THIS ORDINANCE, OR FAILURE TO COMPLY WITH ANY OF THE RULES OR REGULATIONS APPLICABLE TO CONSUMERS OF THE CITY WATER WORKS SYSTEM, SHALL JUSTIFY AND AUTHORIZE A CUTOFF OF WATER SERVICE TO SAID LANDS OF THE APPLICANT* SECTION u. PLAN FOR PARTIAL REUMBUR SEMENT—M WATER MAIN EXTEN- SIONS: ANY APPLICANT COMPLYING WITH THE REQUIREMENTS OF SECTION Z AND ANY APPLICANT COMPLYING WITH THE REQUIREMENTS OF SECTION 3, ABOVE, SHALL AT THE TIME OF MAKING APPLICATION STATE WHETHER OR NOT HE DESIRES TO MAKE INSTALLA- TION OF A WATER LINE CONNECTION TO HIS LANDS FROM THE CITY WATER MAIN OR WATER DISTRIBUTION LINE DESIGNATED BY THE CITY ON THE REFUNDING PLAN AS HEREIN- AFTER PROVIDED OR AT THE APPLICANTS SOLE EXPENSE. IN THE EVENT THE APPLICANT d r . al DESIRES TO MAKE SUCH INSTALLATION ON A REFUNDING PLANS THEN THE PLAN OF THE APPLICANT FOR SUCH CONNECTION, INCLUDING THE LOCATION OF SAID CONNECTION ' LINE, SHALL BE SUBMITTED TO THE CITY WITH THE ESTIMATE OF THE APPLICANT FOR THE AVAILABLE WATER SERVICE WHICH CAN BE OBTAINED FROM SAID CONNECTION LINE OVER AND'ABOVE THE SERVICE REQUIRED ON THE LAND DESCRIBED IN SAID APPLICATION TAKING INTO ACCOUNT SUCH FACTORS AS POTENTIAL INCREASE THROUGH SUBSEQUENT SUBDIVISION DEVELOPMENT, THE POSSIBILITIES OF FUTURE EXTENSION OF THE WATER SYSTEM BEYOND THE PROPOSED CONNECTION, THE VALUE, IF ANY, OF BETTERMENT OVER EXISTING LINES WHICH WILL BE REPLACED BY THE NEW LINE, THE DISTANCE OF THE PRO- POSED EXTENSION FROM THE CITY LIMITS AND ANY OTHER FACTORS RELEVANT TO THE FUTURE USE OF SAID CONNECTION LINE AND THE EXPENSE OF OPERATION AND MAINTENANCE OF THE SAME, AND ACCOMPANIED BY AN ESTIMATE OF COST OF SUCH INSTALLATION TO BE USED IN DETERMINING THE AMOUNT OF REFUND. SUCH ESTIMATES SHALL BE REVIEWED BY THE CITY AND, IF APPROVED BY THE CITY SHALL CONSTITUTE A BASIS FOR PRO- RATION OF THE COST OF INSTALLATION OF SAID CONNECTING LINE SO AS TO PRORATE THE COST OF SAID EXTENSION LINE AMONG THE POTENTIAL AND PROBABLE USERS THEREOF ON THE BASIS OF EITHER FRONT FOOT OR THE RATIO OF AREA ANTICIPATED TO SECURE SERVICE FROM SAID LINE IN THE FUTURE, WHICHEVER SHALL BE AGREED UPON BETWEEN THE APPLICANT AND THE CITY. WHERE CITY HAS EXISTING LINES WHICH WILL BE RE- PLACED BY NEW LINES THE CITY WILL PAY THE DIFFERENCE, IF ANY, BETWEEN THE VALUE OF THE EXISTING LINE AND THE VALUE OF A NEW LINE OF EQUAL SIZE. UPON THE FIXING OF THE BASIS OF REIMBURSEMENTS THE APPLICANT'SHALL BE ENTITLED TO HAVE A REFUND ACCOUNT FOR THE AMOUNT OF REFUND AGREED UPON PLUS AN ADDITIONAL AMOUNT OF TEN (10%) PER CENT THEREOF AS A CHARGE TO COMPENSATE THE CITY FOR ITS o CLERICAL AND INCIDENTAL COSTS ARISING FROM SUCH REFUNDING ACCOUNTS, AND NO PERSON OR PROPERTY OWNER SHALL BE ENTITLED TO CONNECT TO SAID CONNECTION LINE, WHICH IS THE SUBJECT OF SUCH REFUNDING ACCOUNT, WITHOUT PAYMENT OF THE PRORATA COST OF SAID EXTENSION LINE ALLOCABLE TO SUCH CONNECTION IN ADDITION TO TAP FEES WHICH MAY BE APPLICABLE. ALL AMOUNTS $O COLLECTED AND APPLICABLE TO SAID REFUND ACCOUNT SHALL AFTER DEDUCTION OF THE TEN (10%) PER CENT SERVICE CHARGE ABOVE MENTIONED) BE PAYABLE ON REQUEST TO THE APPLICANT FOR A TERM OF FIFTEEN (15) YEARS FROM THE DATE OF THE APPLICATION. ALL REFUND ACCOUNTS NOT COLLECTED WITHIN FIFTEEN (15) YEARS SHALL BE TERMINATED 1 Mic AND ALL REFUND ACCOUNS UPON WHICH PAYMENTS HAVE BEEN MADE AND REFUND NOT SIXTEEN (16) CLAIMED BY THE APPLICANT WITHIN/RkRXR10141 0 YEARS FROM THE DATE OF THE APPLICATION SHALL BE CLOSED AND ANY UNCLAIMED MONIES SHALL Be PLACED IN THE CITY TREASURY. SECTION 5. ANY APPLICANT, WHOSE LAND MAY BE SERVED WITHOUT ANY CONNECTION LINE BEING NECESSARY BY REASON OF THE PREVIOUS CONSTRUCTION OF SOME OTHER APPLICANT AND THE EXISTENCE OF A RIGHT OF REIMBURSEMENT IN THE FORM OF A REFUND ACCOUNT, SHALL, IN ADDITION TO ALL OTHER REQUIREMENTS OF THIS ORDINANCE, 13E REQUIRED TO TENDER THE PRORATA CHARGE ALLOCAZLRIEOU THE LAND DES R� BED IN HIS APPLICATION BEFORE BEING GIVEN CONSIDERATION FOR WATER SERVICE UNDER EITHER SECTION 2 OR SECTION 3 HEREOF. SECTION 6. NOTHING IN THIS ORDINANCE SHALL BE CONSTRUED AS REQUIRING THE CITY TO FURNISH WATER SERVICE TO ANY PERSON OR PROPERTY OUT- SIDE OF THE CITY LIMITS AT ANY COST WHATEVER TO THE CITY NOR THROUGH ANY LINE EXCEPT THE LINES NOW OWNED BY THE CtTY OR CONSTRUCTED WITHOUT COST TO THE CITY MEETING THE SPECIFICATIONS TO THE PROPERTY LINE OF THE PROPERTY DESCRIBED IN THE APPLICATION. ALL CONNECTIONS TO THE CITY WATER SYSTEM" SHALL BE ONLY FOR THE AREA DESCRIBED IN THE APPLICATION AND LIMITED TO THE PURPOSE THEREIN STATED AND SHALL BE SUBJECT TO INSPECTION BY THE CITY AT ALL TIMES. ALL CONNECTIONS SHALL BE IN STRICT COMPLIANCE WITH THE WATER ORDINANCES OF THE CITY APPLICABLE TO /CONNECTIONS WITHIN THE CITY AS RE- REGULATING WATER CONNECTIONS QUIRED BY THE PLUMBING CODE OR OTHER ORDINANCES OF THE CITY/TO THE SAME EXTENT AS IF THE PROPERTY WERE LOCATED WITHIN THE CITY LIMITS. ALL CONNEC- TIONS TO THE CITY WATER SYSTEM SHALL BE SUBJECT TO THE SAME RULES AND RE- GULATIONS REGARDING STANDARDS OF INSTALLATION, DISCONNECTIONS FOR FAILURE TO PAY.CHARGES AS CONSUMERS WITHIN THE CITY LIMITS, AND SHALL BE SUBJECT TO s SUCH SCHEDULE OF CHARGES AS ARE APPLICABLE TO OUTSIDE CITY LIMITS USERS USING WATER IN COMPARABLE QUANTITIES. SECTION 7• IN THE EVENT THE APPLICANT 13 UNABLE TO AGREE WITH THE CITY, ACTtNG THROUGH ITS DIRECTOR OF PUBLIC WORKS, IN FIXING THE _6 - 1 REQUIRED SIZE OF CONNECTION LINES, THE LOCATION OF SUCH CONNECTING LINE, ' THE AMOUNT TO BE SUBJECT TO REFUND, OR THE BASIS OF ALLOCATION FOR REFUND, SHALL BE ENTITLED TO FILE AN APPEAL WITHIN TEN (10) DAYS FROM THE RECEIPT OF THE DETERMINATION OF THE DIRECTOR OF PUBLIC WORKS ON THE QUESTION APPEALED WITH SUCH APPEAL TO BE FILED IN WRITING WITH THE CITY COUNCIL BY DELIVERY AT THE OFFICE OF THE CITY SECRETARY WITHIN SAID TEN (10) DAYS WITH A STATEMENT BY THE APPLICANT IN DETAIL OF THE REASON FOR DISAGREEMENT WITH THE DETERMINA- TION OF THE DIRECTOR OF PUBLIC WORKS. UPON RECEIPT OF SUCH APPEAL, THE CITY COUNCIL SHALL, WITHIN FIFTEEN (15) DAYS, RESOLVE BY MOTION THE MATTER WHICH IS THE SUBJECT OF SUCH APPEAL AND SUCH DETERMINATION BY THE CITY COUNCIL SHALL BE FINAL. FAILURE OF THE COUNCIL TO ACT WITHIN FIFTEEN (15) DAYS SHALL AUTOMATICALLY GRANT THE REQUEST OF APPELLANT. I, SECTION B. ALL PLANS, SPECIFICATIONS, SURVEYS, PLATS, MAPS, AND/OR SUPERVISION OF CONSTRUCTION SHALL BE DONE BY A REGISTERED PROFESSIONAL ENGINEER, REGISTERED IN THE STATE OF TEXAS AND AS REQUIRED BY STATE LAW OF TEXAS, QUALIFIED IN THE FIELD APPLICABLE HOWEVER, NO PLAT OR DESCRIPTION OTHER THAN A CORRECT INTELLIGIBLE DESCRIPTION SHALL BE REQUIRED TO OBTAIN SUPPLY OF WATER FOR DOMESTIC PURPOSES TO A RESIDENCE ON LAND NOT REQUIRED TO BE PLATTED UNDER THE PROVISIONS OF THE PLATTING ORDINANCE AND WHICH LAND IS NOT A PORTION ONLY OF WHAT WAS A LARGER OWNERSHIP AT THE TIME OF THE PASSAGE OF THIS ORDINANCE, PROVIDED THE APPLICANT AGREES THAT ANY ATTEMPT TO SUBDIVIDE THE PROPERTY WITHOUT COMPLYING WITH THE PROVISIONS OF THIS ORDINANCE SHALL SUBJECT THE PROPERTY TO HAVING THE WATER SERVICE DISCONNECTED BY THE CITY. SECTION 9. IN ALL APPLICATIONS THE APPLICANT SHALL AGREE; (1) THAT WATER IS TO BE SUPPLIED ONLY UPON COMPLIANCE WITH THE RESTRICTIONS SET FORTH IN THIS ORDINANCE AND THAT IN THE EVENT PERFORMANCE OF THE OBLIGATIONS HEREIN IMPOSED OF THE APPLICANT ARE NOT CARRIED OUT WITHIN THE TIME HEREIN PROVIDED OR WITHIN A REASONABLE TIME WHERE NO TIME LIMIT IS SPECIFIED THEN THE CITY MAY DISCONTINUE ALL WATER SERVICE. (2) THAT THE APPLICANT WILL EXECUTE AND. °ACKNOWLEDGE A WRITTEN AGREE- MENT FOR ANNEXATION, IN THE FORM APPROVED BY THE CITY ATTORNEY, TO THE EFFECT THAT AT SUCH TIME AS THE AREA DESCRIBED IN THE APPLICATION IS CONT.IQV2US TO THE CITY LIMITS OR IS MADE CONTIGUOUS BY COMBINING SUCH AREA WITH A ROAD, STREET OR OTHER PUBLIC PROPERTY TO THE EFFECT THAT THE COMBINED AREA AS A UNIT WILL BE CON- TIGUOUS TO THE CITY LIMITS THAT THE CITY MAY IN ITS DISCRETION, BY ORDINANCE, ANNEX SUCH AREA OR PART THEREOF. PROVIDED,HOWEVER, THAT AN AREA DESIRING TO -7- SECURE WATER SERVICE FOR A HEAVY INDUSTRIAL INSTALLATION, INCLUDING PLANT AND GROUNDS, AT A SITE ALONG THE SHIP CHANNEL, INCLUDING ANY CONNECTING BASIN OR ANY EXTENSION THEREOF, SHALL NOT BE REQUIRED TO EXECUTE ANY AGREEMENT FOR ANNEXATION. (3) TO PURCHASE ALL WATER PURCHASED BY THE APPLICANT FOR USE ON THE AREA DESCRIBED IN THE APPLICATION EXCLUSIVELY FROM THE CITY. (4) THAT IN THE EVENT ANY PART OF THE AREA DESCRIBED IN THE APPLICA- TION BECOMES INCORPORATED IN ANY CITY OTHER THAN THE CITY OF CORPUS CHRISTI, OR IN ANY WATER DISTRICT OTHER THAN THE LOWER NUECES RIVER WATER SUPPLY DISTRICT, THE CITY OF CORPUS CHRISTI SHALL HAVE THE OPTION TO DISCONTINUE WATER SERVICE TO THE AREA. SECTION 10. NO RESALE OF WATER FURNISHED THROUGH SERVICE APPLIED FOR HEREUNDER SHALL BE PERMITTED AND NO EXTENSION SHALL BE PERMITTED OF ANY WATER SER- VICE THROUGH THE CONNECTIONS AND LINES INSTALLED OR AGREED TO BE INSTALLED HERE- UNDER TO ANY AREA OTHER THAN THE AREA DESCRIBED IN THE APPLICATION. SECTION 11. THE DIRECTOR OF PUBLIC UTILITIES OR SUCH PERSON ACTING FOR HIM AS HE MAY AUTHORIZE IS HEREBY AUTHORIZED TO CONTRACT FOR THE FURNISHING OF WATER BY THE MAKING OF THE PROPER TAP AND SETTING PROPER METERS IN ACCORDANCE WITH THE RULES HERETOFORE ESTABLISHED FOR THE FURNISHING OF WATER SERVICE TO CON- SUMERS OF THE WATER DIVISION OF THE DEPARTMENT OF PUBLIC UTILITIES UPON BEING FUR- NISHED WITH WRITTEN STATEMENT OF THE DIRECTOR OF PUBLIC WORKS CERTIFYING THAT ALL OF THE REQUIREMENTS OF THIS ORDINANCE HAVE BEEN MET; THAT PROPER DISTRIBUTION LINES HAVE BEEN INSTALLED AND THAT A TAP AND METER MAY BE INSTALLED BY THE DEPARTMENT OF PUBLIC UTILITIES. THE DIRECTOR OF PUBLIC WORKS IS HEREBY CHARGED WITH THE ENFORCEMENT OF THE PROVISIONS OF THIS ORDINANCE TO THE POINT OF ISSUANCE OF SUCH CERTIFICATE PROVIDED IN THE PRECEDING SENTENCE AND ENFORCEMENT FROM AND AFTER THAT POINT SHALL BE THE DUTY OF THE DIRECTOR OF PUBLIC UTILITIES. SECTION 12. THAT IF FOR ANY REASON ANY SECTION, PARAGRAPH, SUB- DIVISION, CLAUSE, PHRASE, OR PROVISION OF THIS ORDINANCE SHALL BE HELD INVALID, IT SHALL NOT AFFECT ANY VALID PROVISIONS OF THIS OR ANY OTHER ORDINANCE OF THE CITY OF CORPUS CHRISTI TO WHICH THESE RULES AND REGULATIONS RELATE. - 8 - THAT THE FOREGOING ORDINANCE WAS READ FOR THEE FIRST TIME AND 3 PASSED TO ITS SECOND READING ON THIS THE �/ V DAY OF, �/" 't` 194, BY THE FOLLOWING VOTE: FARRELL D. SMITH ai`(2- �-A-i.. W. J. ROBERTS '!l77��``''�r�� B. E. BIGLER MANUEL P. MALDONADO, CHARLIE J. AILLS ARTHUR R. JAMES CL X ODELL INGLE p THAT THE FOREGOING ORDINANCE WAS READ FOR THE SECOND TIME AND PASSED TO ITS THIRD READING ON THIS THE__y DAY OF, 19,7, BY THE FOLLOWING VOTE: FARRELL D. SMITH W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO CHARLIE J. AILLS ARTHUR R. JAMES ODELL INGLE THAT THE FOREGOING ORDINANCE S READ FOR TH D TIME AND PASSED FINALLY ON THIS THE�DAY O . 19541, BY THE FOLLOWING VOTE: FARRELL D. SMITH W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO CHARLIE J. AILLS ARTHUR R. JAMES ODELL INGLE \� PASSED AND APPROVED, THIS THELDAY OF , 19 MAYW ATTEST: THE CITY OF CORPUS CHRISTI, TEXAS PITY SECR ARV APPROVED AS TO LEGAL R�1 THIS . DAY QF _ CITY A 0 NEV i•� y