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