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Home My WebLink About16075 ORD - 02/25/1981AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE TEXAS PARKS AND WILDLIFE DEPARTMENT AND THE NUECES RIVER AUTHORITY FOR THE CARE, OPERATION, MAINTENANCE AND REPLACE- MENT OF THE RECREATION, FISH AND WILDLIFE, AND OPEN SPACE RESOURCES OF THE NUECES RIVER RECLAMATION PROJECT, TEXAS (CHOKE CANYON RESERVOIR PROJECT), 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 DECLAR- ING AN EMERGENCY. 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 to execute a contract with the Texas Parks and Wildlife Department and the Nueces River Authority for the care, operation, maintenance and replacement of the recreation, fish and wildlife, and open space resources of the Nueces River Reclamation Project, Texas (Choke Canyon Reservoir Project), 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 authorize execution of the aforesaid contract 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 introduc- tion but that such ordinance or resolution shall be read at three several meet- ings 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 ' day of February, 1981. ATTEST: C#Cy ecretary APPUED: 7S= -DAY OF FEBRUARY, 1981: J. BRUCE AYCOCK, CITY ATTORNEY • a. istant C y Attor MAYO CITY OF CORPUS CHRISTI, TEXAS 1_6075AIME ED SEP '71984 CONTRACT AMONG THE CITY OF CORPUS CHRISTI, TEXAS, THE NUECES RIVER AUTHORITY, AND THE TEXAS,PARKS AND WILDLIFE DEPARTMENT FOR CARE, OPERATION, MAINTENANCE AND REPLACE- MENT OF THE RECREATION, FISH AND WILDLIFE, AND OPEN SPACE RESOURCES OF THE NUECES RIVER RECLAMATION PROJECT, TEXAS (CHOKE CANYON RESERVOIR PROJECT) THE STATE OF TEXAS 4 COUNTY OF NUECES This Contract is made by and between the CITY OF CORPUS CHRISTI, TEXAS, (hereinafter "City"), a home -rule city under the laws of Texas with principal office in Nueces County, Texas, the NUECES RIVER AUTHORITY (hereinafter ''Author- ity"), organized and existing under the laws of Texas, in particular Article 8280-115, Texas Revised Civil Statutes Annotated, and the TEXAS PARKS AND WILDLIFE DEPARTMENT (hereinafter "Department"). The UNITED STATES OF AMERICA approves this Contract, acting through the Secretary of the Interior, or his duly authorized representative. 1. This Contract is executed pursuant to Section 36 of a "Contract Among the United States of America, City of Corpus Christi, Texas, and the Nueces River Authority, Nueces River Reclamation Project, Texas," made June 30, 1976, being United States Water and Power Resources Service Contract No. 6-07- 01-X065 on file in the official records of City, Authority, Department, and United States Water and Power Resources Service (hereinafter "Choke Canyon Contract"). The terms and definitions used in the Choke Canyon Contract are hereby adopted by reference. 2. Except as specifically provided herein, City and Authority hereby assign to Department all of their rights and obligations of whatever nature under the Choke Canyon Contract relating to the care, operation, maintenance and replacement of project works, including all land and water areas. Such assignment shall include, but shall in no way be limited to, sole responsibility for safety measures to protect life, health and property of users of the reser- voir and all other land and water areas covered by the assignment herein. It is expressly understood that this assignment shall include all rights and obli- gations under Article 32 of the Choke Canyon Contract. Such assignment does not include the care, operation, maintenance and replacement of the Choke Can- yon Dam Structure and the restricted area above the dam associated with the spillway, which restricted area is marked by buoys and float lines placed by the United States as part of the original construction. City shall maintain said buoys and float lines. It is the Department's responsibility to prohibit fishing from and public access to the dam structure, and said restricted, buoyed area, and to take all necessary measures to enforce said prohibition, including but not limited to placement of appropriate signs and markers except in said restricted spillway area. The Department shall be responsible for the care, operation, maintenance and replacement of the facilities and land and water area on the downriver side of the Choke Canyon Dam, exclusive of the dam structure itself, the area within 50 feet from the toe of the dam, and the rip - rap placement of the outlet works discharge area. Provided, however, that the City will be responsible for advising the Department through its local represen- tative in the Choke Canyon Reservoir area as soon as possible whenever it deter- mines it is necessary to open the floodgates or spillways at said dam. In the event the City fails to give such warning, or fails to give the warning as soon as it was possible to do so, and the Department thereby was denied sufficient time to protect persons and property, the City will not be released from any liability which may be a result of said failure. Once such a warning has been given by the City, the Department shall be wholly responsible for operations to protect life and property in the project area below the dam. The Department acknowledges that at times it will be necessary to release waters from the lake upon short notice, and will conduct its maintenance and operations in the area below the dam on the basis of such knowledge. Except as otherwise provided herein, the Department shall take all necessary steps, including but not limited to placement of -buoys or other markers, to warn persons not to enter areas within City and Authority control, and to keep persons out of such areas. The assignment herein does not include care, operation, maintenance and replacement in any land area not encompassed within the boundary fence (i.e. that fence erected by the United States to enclose all areas included in the Choke Canyon project except flood easements), nor does said assignment include the caretaker's house and laboratory building located adjacent to the dam and the road connecting said improvements to the dam structure. Care, operation, maintenance and replace- ment of said boundary fence shall be the responsibility of the Department. The location of said boundary fence shall be as shown on the map attached hereto as "Exhibit A" and made part hereof for all purposes. Department hereby accepts the assignment defined herein, and agrees that it will perform all the duties and obligations so undertaken in accordance with the Choke Canyon contract. - 2 - 3. City and Authority agree that they will continue to be responsible for payment of all reimbursable costs to the United States pursuant to Articles 3, 4, 5, 6, 7, 8 and 9 of the Choke Canyon Contract, and for all costs of the care, operation, maintenance and replacement obligations retained by City and Authority under this Contract, and the Department shall not be responsible for such costs. All costs related to the care, operation, maintenance and replace- ment obligations undertaken by the Department under this Contract shall be borne by the Department, and City and Authority shall not be liable therefor. 4. The Department hereby expressly releases City, Authority, and the United States, and agrees that it will hold harmless, indemnify and defend (in- cluding reasonable attorneys fees and costs of litigation) City, Authority, and the United States, their officers, agents, employees and successors, or assigns, in their official or individual capacities, from every liability, loss, or claim for damages to persons or property, direct or indirect, of whatsoever nature, arising out of or in any way connected with any of the care, operation, main- tenance and replacement obligations assigned in this Contract to the Department, except as provided otherwise in paragraph 2. 5. In taking over the care, operation, maintenance and replacement obligations assigned in this Contract, the Department acknowledges that it has inspected all land and water areas covered by the assignment in this Contract and is aware of all hazardous or potentially hazardous conditions existing thereon. In particular, the Department is aware, among other things, of brush, trees and other objects which will be left in the area covered by water upon completion of the reservoir. The Department shall be solely responsible for taking all steps and doing all things which may be necessary to protect the safety of persons and property in the land and water areas covered by said assignment from all hazards existing at the time of this Contract or which may thereafter arise. 6. It is expressly understood that nothing herein shall in any way convey or diminish the water rights of the City and the Authority obtained or maintained in connection with the Choke Canyon Reservoir Project, nor diminish or convey any rights of the City and the Authority with respect to control of water supply, water releases, water quality, water distribution, water sales, and construction of other facilities as authorized in Section 33 of the Choke Canyon Contract. Provided, however, the Department shall have the right to -3- consume, for purposes of carrying out the care, operation, maintenance and replacement obligations assigned herein, such amounts of water as City and Authority would have had the right to consume if they had performed such obligations. 7. Nothing in this Contract shall modify the rights and obligations of the City, the Authority, and/or the United States against and between each other under the Choke Canyon Contract, the contract between the City and the Authority of May 27, 1976, pertaining to the Nueces River Reclamation Project, Texas, or any other contract or law. Provided, however, that should the Depart- ment default or fail to perform its obligations under this Contract, the rights and obligations of the City and the Authority vis-a-vis one another under their Contract of May 27, 1976, shall be operative and unimpaired. 8. In accepting the assignment herein, the Department shall in no way become the agent or representative of the City or the Authority. The De- partment shall at all times carry out the care, operation, maintenance and replacement obligations assigned in this Contract independently of control of City and Authority, acting at all times in its discretion and judgment, pursu- ant to the requirements of the Choke Canyon Contract. . 9. Nothing in this Contract shall be construed to amend the Choke Canyon Contract. This contract is merely an assignment of specified rights and obligations pursuant to Article 36 of the Choke Canyon Contract and in no way expands, diminishes, or modifies such rights and obligations. 10. All parties recognize the landowner's interest of the United States in the Choke Canyon Project and the continuing responsibility for com- pliance with appropriate federal laws, regulations, and policies. Executed this day of , 1981. ATTEST: CITY OF CORPUS CHRISTI, TEXAS By City Secretary City Manager ATTEST: NUECES RIVER AUTHORITY By By -4 - Executive Director TEXAS PARKS AND WILDLIFE DEPARTMENT Executive Director APPROVED AS TO LEGALITY: TPWD Legal Counsel r Assistant Attorney General City Attorney Attorney for Nueces River Authority ASSIGNMENT APPROVED: United States of America By - 5 - TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas •• , Corpus Christi, T xas �SdayOf� , 19 SI 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 TH The Charter rule was suspended by the Luther Jones - Edward L. Sample Dr. Jack Best Jack K. Dumphy Leopoldo Luna Betty N. Turner Cliff Zarsky TY OF CORPUS CHRISTI, TEXAS following vote: The above ordinance was pass by the following vote: Luther Jones _ Edward L. Sample f. Dr. Jack Best Jack K. Dumphy Leopoldo Luna Betty N. Turner /, Cliff Zarsky 1 „ _ 160`75 1 Y r \, / 1 . rr .2_ / 111 .' f 1 ▪ \. 1r- x ,r ; -, ; _., -1I-- r r 11 .„, I..... 4 I I rx 1 \ I r ,, 1 \I 1rr r - r 1 _( - -P� i -\ r \ I i 1 e I ` + i'`,\ \ q ,�.........._ _ I I ,\\ Y �\ - 1-_ -. - r 1 �V ( + xV L �V • A f f� T�``-_\-.Ir--__� tet- xr .\ \• 1 1. \ i Ij` t _ \ • _'' 4, . 'r'r RESERVOIR ;--- _ r' ,r r `'FEE BOUNDARY-` h r 1 "�'-r ( FENCE) \ x x 1 . �. r \ 1 ' \ �1 1 \ 1 Yr • ...... 1 rx r c '.+ I I �, 1, 1 • C U • i O Ir _=r _, - ir— � • i , 1° o� 1,1 ! I . I I CHOKE CANYON DAM 1 � r' 1 1 x ` x% `1 a - l _ + J r- x x CARETAKER'S HOUS AND LABORATORY EXPLANATION AREA ADMINISTERED BY TEXAS PARKS AND WILDLIFE DEPARTMENT' FOR RECREATION , FISH AND WILDLIFE PURPOSES. (EXCLUDING DAM AREA) ALWAYS YS Tl.1 [1K SA CHOKE CANYON RESERVOIR MANAGEMENT AREAS 4000 0 4000 6000 - 1 i 1 • SCALE 4N FEET 1