Loading...
HomeMy WebLinkAbout15847 ORD - 10/29/1980AN ORDINANCE AUTHORIZING THE CITY MANAGER TO APPROVE A CONTRACT BETWEEN SAN PATRICIO MUNICIPAL WATER DISTRICT AND RINCON WATER SUPPLY CORPORATION FOR THE SALE OF TREATED WATER TO THE CORPORATION BY THE DISTRICT, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY'THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be authorized to approve a contract between San Patricio Municipal Water District and Rincon Water Supply Corpora- tion for the sale of treated water to the Corporation by the District, all as more fully set forth in the contract, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A". SECTION 2. The necessity to approve the aforesaid water contract in order that the contract may be effected at the earliest practicable date 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 but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor, having declared that such emergency and necessity exist, having requested the suspension of the 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 ACCORDINGLY • SO ORDAINED, this the 2'/ day of October, 1980. ATTEST: .Cafy Secretary MAYOR THE TY OF CORPUS CHRISTI, TEXAS APPROVED: 29th DAY OF OCTOBER, 1980: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant Citrney 158/7 MICRQBLMEu SRP 2 71984 WATER PURCHASE CONTRACT This contract for the sale and purchase of water is entered into as of the 12th day of August 1980, between the San Patricio Municipal Water District, hereinafter referred to as the "Seller" and the Rincon Water Supply Corporation (Sodville Division), Route 2, Taft, San Patricio County, Texas, hereinafter referred to as the "Purchaser" serving an area described in Exhibit "A" attached hereto and made a part hereof, W1TNESSETH: Whereas,. the Purchaser is organized and established under the provisions of the laws of the State of. Texas, for the purpose of constructing and operating a water supply distribution system serving water users within the area described in plans now on file in the office of the Pur- chaser and to accomplish this purpose, the Purchaser will require a supply of treated water, and Whereas, the Seller owns and operates a water supply distribution system with a capacity currently capable of serving the present customers of the Seller's system and the estimated number of water users to be served by the said Purchaser as shown in the plans of the system now on_file in the office of the Purchaser, and Whereas, by Resolution enacted on the 12th. day of AUGUST , 1980, by the Seller, the sale of water to the Purchaser in accordance with the provisions of the said resolution was approved, and the execution of this contract carrying out the said sale of water by the San Patricio Municipal Water District and attested by the Secretary, was duly authorized, and Whereas, by resolution of the Board of Directors of the Purchaser, enacted on the day of 1980, the purchase of water from the Seller in accordance with the terms set forth in the said resolution was approved, and the execution of this contract by the President, and attested by the Secretary was duly authorized; Now therefor, in consideration of the foregoing and the mutual agreement hereinafter set forth, A. The Seller Agrees: 1. (Quality and Quantity) To furnish the Purchaser at the point of delivery hereinafter spedified, during the term of this contract or any renewal or extension thereof, potable treated water meeting applicable purity standards of the State Board of Health in such quantity as may be required by the Purchaser not to exceed 2,000,000 gallons per month. 2. (Point of Delivery and Pressure) That water will be furnished at a reasonably constant pressure calculated at a minimum of 45 psi from an existing 8 inch main supply at a point located at Farni Road 893 approximately 2-1/2 miles south of Taft. If a greater pressure than that normally available at the point of delivery is required by the Pur- chaser, the cost of providing such greater pressure shall be borne by the Purchaser. Emergency failures, flood, fire and use of water to fight fire, earthquake or other catastrophe shall excuse the Seller from this provision for such reason- able period of time as may be necessary to restore service. 3. (Metering Equipment) To furnish, install, operate and maintain at its own expel:se at point of delivery, the necessary metering equipment, including a meter house or pit, and required devices of standard type for properly measuring the quantity of water delivered to the Purchaser and to calibrate such metering equipment whenever requested by the Purchaser but not more frequently than once every twelve (12) months. A meter registering not more than two per cent (2%) above or below the test result shall be deemed to be accurate. The previous readings of any meter disclosed by test to he inaccurate shall he corrected for any period of inaccurate measurement thereby which is definitely known or agreed upon. But no such correction shall extend back over a period beginning more than 15 days prior to the time when such inaccuracy was first made known by either -party to the other. If any meter fails to register for any period, the amount of water furnished during such period shall be deemed to be the amount of water delivered in the correspond- ing period immediately prior to the failure, unless Seller and Purchaser shall agree upon a different amount. The metering equipment shall be read on or about the last day of each month and shall determine from these readings the amount of water delivered to the corporation. An appropriate official of the Purchaser at all reasonable times shall have access to the meter for the purpose of verifying its readings. 4. (Billing Procedure) To furnish the Purchaser at the above address not later than the 10th day of each month, with an itemized statement of the amount of water furnished the Purchaser during the preceding month. B. The Purchaser Agrees: 1. (Rates and Payment Date) To pay the Seller, not later than the 15th day of each month, for water delivered in accordance with the following schedule of rates: $0.70 per 1,000 gallons of•water ($0.65 published rate - $0.05 pumping charge) 2. (Connection Fee) To pay as an agreed cost, a connection fee to connect'the Seller's system with the system of the Purchaser, the sum of $ which shall cover any and all costs of the Seller for install- ation of the metering equipment and the pumping and storage capacity presently owned by the Seller. The maintenance of the metering equipment will be billed by Seller to Purchaser monthly in the amount of actual costs incurred by Seller in maintaining said metering equipment. 3. If Purchaser fails to pay any hill due to the San Patricio Municipal Water District on or before its due date, the San Patricio Municipal Water District may give notice of such delinquency to the Purchaser in writing and if all bills due and unpaid are not paid within fifteen (15) days after the receipt of such notice properly stamped and addressed to the Purchaser, in the United States mails, then the San Patricio Municipal Water District shall be authorized to discontinue further water service until all bills have been paid in full. C. It is further mutually agreed between the Seller and the Purchaser as follows: 1. (Term of Contract) That this contract shall extend for a term of 40 years from the date of the initial delivery of any water as shown by the first bill submitted by the Seller to the Purchaser and, thereafter may be renewed or extended for such term, or terms, as may be agreed upon by the Seller. and Purchaser. 2. (Delivery of Water) That seven (7) days prior to the estimated date of completion of construction of the Purchaser's water supply distribution system, the Purchaser will notify the Seller in writing the date for the initial delivery of water. 3. (Water for Testing) When requested by the Purchaser the Seller will snake available to the contractor at the point of delivery or other point reasonably close thereto, water sufficient for testing, flushing, and trench filling the system of the Purchaser during construction, irrespective of whether the metering equipment has been installed at that time, at a flat charge of $100.00 which will be paid by the contractor or, on his failure to pay, by the Purchaser. 4. (Failure to Deliver) That the Seller will, at all times, operate and maintain its system in an efficient manner and will take such action as may be necessary to furnish the Purchaser with quantities of water required by the Pdrchaser. Temporary or partial failures to deliver water shall be remedied with all possible dispatch. In the event of an extended shortage of water, or the supply of water available to the Seller is otherwise diminished over an extended period of time, the supply of water to Purchaser's consumers shall be reduced or diminished in the same ratio or proportion as the supply to Seller's consumers is reduced or diminished. 5. That the provision of this contract pertaining to the schedule of rates to be paid by the Purchaser for water delivered are subject to modification in accordance with the published rates of the San Patricio Municipal Water District for the same or similar type customers, at the end of every calendar year period with the exception of any demonstrable direct cost increase by San Patricio Municipal Water District or Central Power & Light which may be passed through immediately. Any increase may include increased capitalization of the Seller's system on a pro rata basis. Other provisions of this contract may be modified or altered by mutual agreement. 6. (Regulatory Agencies) That this contract is subject to such rules, regulations, or laws as may be applicable to similar agreements in this State and the Seller and Purchaser will collaborate in obtaining such permits, certificates, or the like, as may be required to comply therewith, and further subject to the approval of the City of Corpus Christi. 7. (Miscellaneous) That the construction of the water supply distribution system by the Purchaser is being financed by a loan made or insured by, and/or a grant from, the United States of. America, acting through the Farmers Home Administration of the United States Department of Agriculture, and the provisions hereof pertaining to the undertakings of the Purchaser are conditioned upon the approval, in writing, of the State Director of the Farmers Home Administration. 8. (Successor to the Purchaser) That in the event of any occurence rendering the Purchaser incapable of per- forming under this contract, any successor of the Purchaser, whether the result of legal process, assignment, or other- wise, shall succeed to the rights of the Purchaser hereunder. 9. In the event the Purchaser desires to resell treated water to customers in any subdivision such subdivision plat must be approved prior to the resale of said water by the San Patricio Municipal Water District, the City of Corpus Christi, and the Developer of the subdivision must have installed subdivision improvements to the standards set forth in the San Patricio County Subdivision Ordinance and the requirements of the San Patricio Municipal Water District prior to said resale of water. No purchaser of water frc•m the Rincon Water Supply Corporation inay resell said water. 10. Purchaser agrees to hold the Seller harmless from any damages incurred by Purchaser due to circumstances beyond the control of Seller. 11. That the Purchaser shall comply with the terms and provisions of the Water Purchase Contract between the City • of Corpus Christi and the San Patricio Municipal Water District dated May 27, 1963.. Nothing in this paragraph is intended to eliminate the obligation of San Patricio Municipal Water District to furnish water to Rincon Water Supply Corporation for the term of this contract. 12. In the event the Purchaser desires to resell treated water to commercial customers, the sale of water to any commercial customer must be approved prior to the sale of said water by the San Patricio Municipal Water District and the City of Corpus Christi. IN WITNESS WHEREOF, the parties hereto, acting under authority of their respective governing bodies, have caused this contract to be duly executed in 2 counterparts, each of which shall constitute an original. Attest: Attest: Secretary SELLER: SAN PATRICIO MUNICIPAL WATER DISTRICT BY: Title: President PURCHASER: RINCON WATER SUPPLY CORPORATION BY: TITLE: This contract is approved on behalf of the Farmers Home Administration this day of - , 1980. • BY: TITLE: This contract is approved on behalf of the City of Corpus Christi: Attest: City Secretary Approved: October 27 J. BRUCE A CO K, CITY ATTORNEY CITY OF CORPUS CHRISTI BY: R. Marvin Townsend TITLE: City Manager Asst. City Attorney , 1980: APPROVED: (Department Head) Page 6,of Water Purchase Contract Between San Patricio Municipal Water District and Rincon Water Supply Corporation ADDENDUM C. It is further mutually agreed between the Seller and the Purchaser as follows: 13. Buyer agrees to bind all of its customers within the five (5) mile extraterritorial jurisdiction of the City of Corpus Christi to the standard water service contract in accordance with Section 55-111, City Code of Ordinances (non-agricultural use where partly or wholly beyond the City limits) or in accordance with Section 55-112 (agricultural use covenant). As a prerequisite for receiving water service at each individual customer tap, each customer or property. owner within the five mile extraterritorial jurisdiction shall properly execute and file with the Director of Utilities, City of Corpus Christi, a standard form contract for providing water to property beyond the City limits. As the five mile extraterritorial jurisdiction is extended periodically, each additional customer or owner coming within such extended extraterritorial jurisdiction shall be bound by the Buyer to the execution of such contract as provided herein as a condition for continued water service. Buyer shall designate those customers, on a list to be provided by Buyer, who are located within the five mile extraterritorial jurisdiction and who are to execute contracts under Section 55-111 and those who are to execute contracts under Section 55-112, City Code of Ordinances. Buyer shall also provide the names and locations of existing or future customers as they may become situated within the five mile extraterritorial jurisidiction. IN WITNESS WHEREOF the parties hereto, acting under authority of their respective governing bodies, have caused this contract to be duly executed in counterparts, each of which shall constitute an original. SELLER: SAN PATRICIO MUNICIPAL WATER DISTRICT BY: Title: ATTEST: Secretary • PURCHASER: RINCON WATER SUPPLY CORPORATION BY: Title: ATTEST: Secretary This Addendum is approved on behalf of the Farmers Home Administration on this day of , 19 BY: Title: This Addendum is approved on behalf of the City of Corpus Christi: ATTEST: CITY OF CORPUS CHRISTI BY: Title: City Manager. Secretary Approved: October 27 , 1980 J. BRUCE AYCOCK, CITY ATTORNEY APPROVED: Asst. City Attorney (Department Head) Page 8 of Water Purchase Contract Between San Patricio Municipal Water District and Rincon Water Supply Corporation Corpus Christi, Texas ,I' 9 day ofd94/04t., 19945 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspension 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; I, therefore, 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, MAYOR THE CI3V OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky The above ordinance was passed Luther Jones Edward L. Sample Dr. Jack Best " David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky by the following vote: 1587