HomeMy WebLinkAbout16913 ORD - 03/03/1982sp;12/15/81;lst
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO ENTER INTO A WATER
SALES CONTRACT WITH THE BEEVILLE WATER SUPPLY DIS-
TRICT, ALL AS MORE FULLY SET FORTH IN THE CONTRACT,
A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO.
MARKED EXHIBIT "A", AND MADE A PART HEREOF.
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 enter into a water sales contract with the Beeville Water Supply District,
all as more fully set forth in the contract, a substantial copy of which is
attached hereto marked as Exhibit "A".
4e'
16913
MICROFILMED
SEP 28 1984
;
THE STATE OF TEXAS
COUNTY OF NDECES
This Agreement made this the
AGREENEta
day of , 1981,
by and between the City of Corpus Christi, Nueces County, Texas, a
municipality organized pursuant to the laws of the State of.Texas,
hereinafter referred to as "City", and the Beeville Water Supply
District, a conservation and reclamation district and political
subdivision of the State of Texas, hereinafter referred to as
W ITNESSET
WHEREAS, the City, by virtue of a contract executed.August 10,
1955, between the Lower Nueces River Water Supply District, herein-
after referred to as "District", is the sole purchaser of untreated
water from District and treats said water for distribution to customers
. of City; and, .
WHEREAS, the Charter of Corpus Christi was, by election, amended
on July 13, 1968, to authorize Corpus Christi to enter into water sales
contracts with other governmental bodies by amending Article VIII, to
add a Section 17, which reads:
"Sec. 17. Water Supply Contracts for Sale of Untreated Water.
Notwithstanding any other provision of this Charter, the City by
ordinance, with the approval of the Texas Water Rights Commission, and
without voter approval, may contract with other governmental bodies,
for a -supply of untreated water for their use for a definite period of
time or in perpetuity. Every such contract shall contain elther a
provision that the rate to be paid for the water furnished under such
contract shall be the published rate at the time of taking or a pro-
vision that the rate shall be the average cost of water for each
respective year of the contract. Average cost shall be determined by
taking into account all bond service requirements, maintenance, depre-
ciation and operation expense, prorated as to that portion of the City
water supply system used in making such supply available, and every
such contract shall contain a provision to the effect that the contract
shall be construed to entitle the purchaser to only that portion of the
City supply equal to the ratio which the population of the area purchas-
ing water bears to the total population. of the area supplied through
the City water system. Such provisions, whether included in writing in
any contract made by the City or not, shall be deemed a part of every
contract. This provision shall be cumulative of any other authority of
the City to execute contracts.", and,
WHEREAS, BWSD has determined that it desires to obtain untreated
water from City to serve customers lying within Bee and Live Oak
Counties, Texas both within and outside the established boundaries of
BWSD.
Ew.t. "A-
)
WHEi.:EAS, BWSD intend., to cOnstttICt waLcc iflLaze faCaitie., pulp,
transmission lines and treatment plant, and related facilities to
transport a supply of untreated water from City to the proposed facili-
ties of BUSD for treatment and sale to customers; and
WHEREAS, City has determined that at this time sufficient pater
is available to serve the existing customers of City, and meet the
obligations of existing contracts of City; and,
WHEREAS, City desires to sell water to BWSD for the benefit of
City and BWSD.
NOW, THEREFORE, for and in consideration of the premises and the
sum of Ten and no/100 ($10.00) Dollars in hand paid to City by BWSD,
the benefits arising to both City and BWSD through the sale of fresh
water to BWSD, and the mutual covenants and agreement of the parties
herein *contained, the parties hereby agree as follows:
1. Construction of Facilities: BWSD shall construct or cense
to be constructed at no expense to City, a raw water intake and pump
station located on the upper end of Lake Corpus Christi, together with
a water transmission main, treatment plant,• storage facilities, and
related appurtenances to permit taking water by BWSD to serve Bee and
Live Oak Counties. BWSD facilities shall be constructed in accordance
with plans and specifications to be prepared by BWSD and acceptable to
City: Approval by City shall relate to those matters which might affect
the potential taking of land owned by City and the'effect of same to the
Citi's lake. BWSD shall be'responsible for obtaining and maintaining
any permits necessary for the construction, operation, and maintenance
of the contemplated water facilities and related appurtenances of BWSD.
2. Right -of -Way and Easements: BWSD shall be responsible for the
acquisition of all easements, rights-of-way, and land necessary for the
construction, operation, and.maintenance of the facilities to be built
by BWSD. Access to And use of rights-of-way, land, or easements held
by or belonging to City vill be provided to BWSD without cost where
necessary as determined by plans and specifications of BWSD facilities
as prepared by BWSD and acceptable to City.
-2-
or relocate facilities constructed by BWSD in order that lands or ease-
ments belonging to City can be usud for water facility improvements,
BWSD shall bear the full cost of such facility adjustments or relocatio:li,..
City will give due and careful consideration to the location of BWSD's
facilities in planning new facilities and will, within the limits of
sound engineering and ultimate total project cost to all agencies,
minimize the required relocation of facilities of BWSD, and will advise
BWSD of any change in the size of Lake Corpus Christi or in the depth
of Lake Corpus Christi's channel.
4. Quantity: City agrees to sell, subject to the conditions
hereinafter set forth, and not in conflict with Article VIII, Section 17,
Corpus Christi City Charter, such untreated water to BRSD as BWSD might
require during the first twelve-month period immediately following the
last day of the month in which water is first taken by BWSD. In subse-
quent years, City agrees to sell:
(a) The amount of water taken by BWSD in the previous
twelve-month period plus ten percent, or
(b) The average quantity of water taken by BWSD in its
highest previous three years plus ten percent, whichever is
greater.
City also agrees to sell whatever quantity of water BWSD requires in
excess of the abovementioned amounts not to exceed an average of 15
million gallons per day for any calendar month if, in the opinion of
City, such water is 'available and can be sold to BWSD without endanger-
ing the water supply of City or of prior contracts.
5. Point of Diversion: The point of diversion shall be Lake
Corpus Christi at a point agreed on between the parties hereto. BWSD
raw water intake shall be constructed at an elevation between 72 feet
and 94 feet mean se'a level. If City determines that a level below 72
feet mean sea level is advantageous for combined reservoir operations,
then City agrees to give BIM two year's notice to permit the recon-
struction of its intake facilities, pumps, etc., before lowering such
-3-
water level heJoo 72 feet. Should shoaliag occur in the lake ciiij
.ponding upstream from Wesley Seale dam, City shall have the right to
dredge or in any other manner remove such obstruction to an elevation
of the original lake bottom.'
6. Price: The price to ba charged for untreated water sold by
City to USD will be whichever of the two following prices is the .
lower:
(a) The regular published untreated or raw water rates or
consumers, other .than irrigation water consumers, outside of the
Lower Nueces River Water Supply District, as.currently established
or subsequently adjusted, which now is 11c per thousand gallons-.
(b) The "composite cost of untreated water" as defined in
Section 7 hereof, or a similar calculation that recognises all
cost elements for providing a water supply applicable to all water
customers, and approved by the appropriate state agency -
7. Composite Cost of Untreated Water: The composite cost of un-
treated water will be calculated on June 1 of each calendar year and
will be applicable at the beginning of the first billing cycle after
the calculation date.
The components of the composite cost of untreated water are:
(a) Average price paid by City to District. This amount
is to be determined by dividing the *total payment by City for
-die last completed,contract year between City and District .by the
total quantity of water purchased during that contract year, all.
as set forth in the annual final bill by the District to City;
plus
(b) An amount equivalent to Tax Subsidy, if any, provided
by the property owners of the Lower Nueces River Water Supply
District which is hereby defined tk, be based on the most recently
completed ca/eudar year, as reported by the annual audit thereof,
and to include the total cash expenditures of all District funds,
including debt interesL and principal retirement and excluding
the bond construction fund by whatever name it might be called,
less revenue received from:
-4-
(1) Sales of water to Ciry during tho calenClar
year,
(2) Thesnet income from oil field activities, and.
(3). Land rentals and miscellaneous non -tai related
income. For this purpose, all interest income of any
nature whatsoever will be tax related income.
The net cash expenditure figure, before the application of
direct or related' tax income, will be divided by the total
quantity of water used Within the District during the pre-
ceding calendar year as estimated by the Corpus Christi Water
Superintendent. The term "net cash expenditures" as used'in
this contract is hereby further defined as excluding any
direct expenditures or debt service costs for new or recon-
structed facilities to be constructed subsequent to the date
of this contract, such expenditures to be accounted as set
forth in Section 18 below; plus
• (c) Actual costs ucurred by City for the maintenance
and operation of Wesley E. Seale Dam and Lake Corpus Christi
divided by the total quantity of untreated water purchased by
City from the District during tba same fiscal year. Actual
costs are hereby defined as the actual expenditures of the
Reservoir Activity or its successor in the Water System
Operating Fund for the most recently completed fiscal.year,
as reported by the annual audit for that year, plus 757. for
'administration, insurance, capital outlay replacement and '
other overhead factors.
(d) The budgetary obligation for debt service for City's
fiscal year following June I of each calendar year and the actual
cost of maintenance and operation'of Choke Canyon dam and reservoir
operated as'a system with Wesley E. Seale Dam -and Lake Corpus Christi.
8. Fixed Minimum OWipation: If Lake Corpus Christi is used as BS:
sole water supply source, BVISD is not obligated to purchase any minimum
amount of water in any billing month during the period of this contract,
but BWSD shall pay to City beginning at the close of the first billing
cycle following the month in which water is first taken by BMSD for use
-5-
by 11.!, thL• mtuint,1 slot oC $1!)0 per month, or. wh
or not any water is usc:d. If the payment due City from EWSD for Water
withdrawn during the billing period under consideration exceeds *150,
then payment shall be made for the .amount due. This minimum amount is
intended to cover the costs of meter reading, testing, billing and otha=
costs, which will continue whether or not any water is withdrawn by msa_
Should BWSD supplement its water supply from some other source for
purposes other than municipal use not for resale, then ]ISD shall pay a=
annual minimum sum payable monthly at the rate of one -twelfth of said
annual sum and calculated by taking the average of the highest previous
three (3) calendar years or the previous calendar year's consumption,
whichever is higher, times 1102 times $1,182,266 (the 1970-86 average
annual debt service for Lake Corpus Christi) divided by 116 MCD (2010
yield condition of the reservoir) times 365 days.
Gallons consumed x 1102 x $1,182,266
number of years = annual minimum
116,000,000 gallons per day x 365
The above minimum or the minimum in the published rate, uhiehever is
lower, shall apply. In no case will the minimum be less than $150 Per
month.
This minimum will be paid monthly with an annual final adjustment
determined at the close of each contract anniversary. The ca/culation
of the annual minimum shall be made simultaneously with the composite
co-st-Ealculation as provided in Section 7 hereof.
. .
9. Quality Considerations: It is understood and agreed that City
shall use reasonable diligence to prevent the pollution or contaminatiom
of any of the water supply referred to herein from any cause, including
that which might result from the exploration for and development of 04,
gas or other minerals.
10. Maintenance and Operation of Facilities: The water intake
facility and related improvements constructed by ESD shall be main-
tained, operated, and repaired by 1114SD subject to provisions herein
contained. City shall have the right Lo require BWSD to maintain the
facilities on City property or casements in a manner comparable to the
level of maintenance at similar City facilities.
-6-
11_ .letivor(.d undr,x thL
shall be measured by a suitable water meter or meters to be furnished az,'
Installed by BUSD and kept in repaix. and maintained by City at or near
poin.t.of delivery of said water.. City shall have the right to specify
type of meter or meters to be used and to specify the installation desiz---
of the meter or meters. Checks as to the accuracy of the meter or meters
shall be made semiannually by City, and City shall notify BUSD in writiz.g.
ten (10) days in .advance of all semiapnual checks and tests in order tha=
BWSD may have a representative present as witness.. Semiannual tests as
to the accuracy of the meter or meters shall be at City's expense. If
either City or MD, at any time, shall notify the other that it desires
a special test of any meter, the parties shall cooperate in arranging fo=
a special test to be made by City. The expense of the speciql test of
the meter or meters.shall be paid by the party requesting such test: If,
on any test, the meter tested shall be found to be inaccurate by an amou-__-=
exceeding two percent (2%), then any previous readings' of such meter or
meters shall be corrected for a 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 fifteen (15). days prior to
the time when such inaccuracy was first made known by either party to the
other. If, for any reason, the meter or meters are out of service so that:
the volume of water delivered hereunderscannot be ascertained or computed
from meter readings thereof, the water delivered during the period such
mater or meters are out of service shall be estimated and agreed upon by -
the parties hereto upon the basis of the best data available. City shall
read the meter or meters on or about the last day of each month and shall
determine from these readings the amount of water delivered to the BWSD..
City shall service the recording and integrating instruments of the meter
or meters and shall retain the charts and integrated readings as a part -
of the City water records. A copy of all such charts and integrated
readings corresponding to DWSD's consumption, as -reflected in the monthly
statemamt described in Section 12 herein, shall 1--! furnished to BWSD upon
BWSD's request. Any duplicate recorders providing charts for BWSD shall
be purchased, maintained, and serviced by and at the.expense of BWSD.
-7-.
12. Pily,mstJ: City shall mosthLy submit a :,totvmunt to 124K;Li indi-
cating the quantity of water sold to BWSD during the preceding meter
reading cycle. BWSD shall render payments within fifteen (15) days of
receipt of said statement. Any clerical error or minor question re-
garding said Statement will not be sufficient grounds to delay payment
by BWSD to City. Any such questions shall be properly settled under
the terms of this contract and by the agreement of both parties hereto.
Any adjustment in the amount paid as a result of such agreement shall
be added to or deducted from the following month's bill. Any failure
by BWSD to pay the monthly billing within thirty (30) days after such
billing date shall be a "Default" in accordance with Section 19 of -this
Contract. In the event it becomes necessary to collect such charges;
through any court procedure, City shall be entitled to also recover a
reasonable attorney's fee. In the event it becomes necessary for City
to stop the selling of water, due to BDSD's failure to pay its water
bills, City may require the payment_in advance of the monthly water
bill based on the previous bill plus any adjustment as a condition to
the resumption of furnishing water to BWSD.
13. Indemnity: BWSD will indemnify City from any liability vhich
might accrue because of facilities constructed by BWSD on land or right-
of-way owned by City or District, and BWSD assumes all responsibility
for adequately maintaining and safeguarding said facilities. This
provision is for the protection of City, BWSD, and District, and is
not for the benefit of third parties.
14. Restrictions on Sales: Specific written approval by City
Council of City' will be required before BWSD sells water which BWSD
has purchased from City and treated to:
(a)
A municipality, political subdivision, nonprofit corpo-
ration, special legislative district or authority which
is located outside Bee or Live Oak Counties.
(b) Any private 'organisation or person desiring to resell
to others other than a governmental unit or a nonprofit
water supply corporation. •
(c) Any subdivision or Jot in any subdivision, whether de-
signed for single-family, multiple-famtv, mobile home,
commercial, industrial, or other uses, not included in
the initial construction program of BWSD in an unincorpo-
rated area within the area over which City maintains
platting control, or to governmental unit for resale to
or in such subdivision. Written City Council annroval
will, in this case, be contingent upon tbe prior review
and apprcval of the Planning Commission of City.
-8-
(d) Any new subdiv3sion or to in .ley w:IeLhvr
designed for single-family, multiple -family, mobile ho.qe,
.commerrial, industrial, or other uses, not includud in
the initial construction program of BWSD, or to govern-
mental unit for resale to or in such subdivision, unless
the plat of such subdivision has been approved by the
governmental entity which has such jurisdiction, approval
of,such plat by Planning Commission of such city must be
made prior to sale of treated water to, such subdivision
or lot.
(e)
Any private organization or person not included in the
construction program of BWSD within an area where no
City has platting jurisdiction, or to governmental unit
for resale to such organization.
BWSD agrees that it will not supply any new custoserb
within one mile of the shoreline of Lake Corpus Christi
with water unless and until the prospective customer has
made provisions to be connected to a sewerage system of
adequate,size, including individual system, which has
been approved by the Texas Department of Health and Texas
Department of Water Resources or their successors, or
Corpus Christi. The sewerage disposal system of all
customers within 150 feet of the 94 -foot mean sea level
elevation of Lake Corpus Christi shall be approved by
the City of Corpus Christi and complies with building.
code of City of Beeville.
• • . .
Untreated water sales will require City Council of City approval.
BWSD shall not sell water or allow its customers to resell water in
violation Of the restrictions hereinabove set.forth. In ae event City
determines that BWSD and/or its customers are selling or reselling water
-
in violation of such restrictions City shall notify BWSD in writing stating
specifically each violation, pursuant to the provisions of Section 14 of
of this Contract. In the event BWSD fails to remedy or remove said cause
or causes of each customer's violation Within said_period,of thirty (30)
days,City will add a $200 per day surcharge to BDSD's next regular monthly wszLia:
stateMent for each instance of customer's violation. Said surcharge(s)
will be payable each month until BWSD remedies or removes the cause or
causes of each violation.
BWSD agrees to bind all of its customers to the stipulations con-
tained in this contract.
15. Sales to Agricultural Users: The aforementioned water sales
restrictions notwithstanding, BWSD shall be permitted to sell treated
water to customers for agricultural use hereby defined as meanina harvesting
crops, raising livestock, and pasture grazing, wi:hout obtaining prior
written approval of City. Irrigation of agricultural cropland is not
permitted. Said agricultural users shall not be engaged in retail sales
on the premises served by BWSD except for retail sales of non -processed
products grown on said premises. Said agricultural premises shall con-
sist of no less than twenty (20) acres.
If City Lu 2U:' City al;rt,e5 sot to sell wa.I.L
to any customer located within BWSD; boundaries to whom DWSD is
and able to provide water service at regular established and published
BWSD water rates.
17. Water Rights: It is mutually agreed and understood that City
shall have complete and exclusive rights to all water impounded by City
reservoirs during the time this contract 5ha11 remain in force. City
binds and obligates itself, however, to take the necessary actions
within its power and to make the necessary applications to obtain what-
ever additional water rights as might be necessary to adequately meet
the needs of its existing contracts, this contract with BUSD, and any
future contrectural obligations of City. It is also mutually agreed
and understood.ihat this contract is subject.to City obtaining any
necessary permission .from the Texas Water Commission or other regu-
latory authority over such matters to sell water to BWSD and BWSD agrees
to support any future City requests to the Texas Water Commission or otL.--e--
regulatory authority for said permission. Should it develoP that BWSD
requires a permit to distribute the water sold to BWSD by the City here-
under, City agrees to support application by BWSD to the Texas Water Co -.71, -
mission or other regulatory authority for such a permit.
. 18. Future Water Supply: BWSD agrees to cooperate with City in in-
vestigating the need for, methods -10 obtain, and most advantageous con-
struction timetable for enlarged wate;-. supply.facilities. If City deter-
mines that it is necessary in order to accomplish such purpose to constr=
Or reconstruct channel or reservoir facilities requiring another cost
element reflecting the average cost of such additional water applicable t=
all raw water customers and approved by the appropriate state agency, epia.,
contract shall terminate upon .the completion of those facilities unless
one of the following conditions has first been met:
(a)
BWSD recognizes an additional element of cost of untreated
water to be calculated by dividing the total quantity of
untreated water used in each previous calendar year by
City or qhatever governmental subdivision has financed the
new facilities into the total tax revenue derived directly
-10-
the nem or rc,cou6tructea taetLi ties. Tho £J.ut thuf, arrived
at will be the new facility tax subsidy being paid by the tax—
payer within City or the larger governmental subdivision
financing the new facilities. PayMents to whatever govern-
mental 'Subdivision is responsible for operation and
maintenance of the facility, and any tax subsidy shall be
included in this cost element. This additional cost element
is thus thejlfth cost segment. BWSD agrees that this cost
segment plus the four cost segments (a), (b), (c), and (d)
specified in Section 7 above will, upon completion of the
new facilities, become the basis for the price to be charged
by City to BWSD and will supersede any rate schedule in effect
at that time. In the event this fifth element becomes a part
of the .rate structure, such revenue as is derived from this
element will be disposed of by agreement between the City and
the District entered into at that time; or
(b) BWSD voluntarily joins whatever governmental subdivision, as—
suming some other governmental subdivision than Corpus Christi,
is financing the new or reconstructed facility so that the tax
base of BWSD will become a portion of the tax base of the sub—
division financing the new supply facilities and whatever taxes
are levied for the purpose Of constructing or reconstructing
the new facilities will apply equally to property in BWSD and
in such governmental subdivision.
If BWSD elects to terminate this contract in lieu of compliance with sub-
section (a) or (b) above, notice in writing by registered mail shall be
given to City at least thirty (30) days before the bond or contract electiz,-
for such facility expansion or reconstruction, or no later than seven (7)
days after such bond or contract election is officially called if the re-
sulting period between official call and election is less than thirty (30)
days. If BWSD does not elect to carry out the provisions of subsection (b
above and notice of terminations is not provided to City by BWSD, subsectizt
(a) above will apply.
19. Default: It is covenanted and agreed that if either party to thia
contract shall fail to perform any of the covenants or obligations imposed
upon it under and by virtue of this Contract, then in such event the other ;
-11-
p--Ety heset,, ;lay ataurt1,„; ptoc.POirl;;
follows: The party not in default shall cause a written notice to be
served on the party in default stating specifically the cause for
terminating this contract and declaring it to be the intention of
the party giving the notice to terminate the same; thereupon the
party in default shall have thirty (30) days after the service of
the aforesaid notice in which to remedy or remove the cause or
causes stated in.the notice for terminating the contract, and, if
within said period of thirty (30) days the party in default does
so remedy or remove said cause or causes and fully indemnify the
party not in default for any and all consequences of such breach,
then such notice shall be withdrawn and this contract shall con—
tinue in full force and effect. In case the party in default does
not so remedy or remove the cause or causes or does not indemnify
the party giving the notice for any and all consequences of such
breach within said period of thirty (30) days, then, at the option
of the party giving the notice, this contract shall become null and
void from and after the expiration of said period. Any cancellation
of this contract pursuant to the provisions of the Section shall be
Without prejudice to the right of either party hereto to collect any
amounts then due it from the other party prior to the time of cancel-
lation and without waiver of any remedy to which the party not in
default may be entitled for violations of this contract. No waiver
by either party hereto of any one or more defaults by the'other in
'the performance of any provisions of this contract shall operate or
be construed as a waiver of any future default or defaults, whether
of alike or of a different character.
20. Rationing of Water: BWSD and City agree to the following
stipulations with regard to the rationing of water:
(a) All water sales agreements between BWSD and its
customers shall stipulate that should there be a
shortage in the basic supply of water which re-
quires the restriction or curtailing of any
customer of water within the city limits of
City that coincident with such restriction or
limitati3n within City, BWSD will limit and re—
strict all of its customers, both direct and
indirect through resale, to the same extent.
Such rationing by City shall be applied uniformly
to all water customers of City.
—12—
0) It is nndec.J.Lu,id by tho portieJ iv!cPro ti,at
Industries outside of,City aad/or District
have a lower water use priority than -in-
dustries inside City and/or said District.
It is agreed that any and all industrial users
both inside and outside BWSD boundaries which
may be directly or indirectly supplied through
the lines and distribution' system of DWSD shall
be subject to and bound by the same provisions
regarding priorities of users of water as are
industrial users outside of City and/or said
District which are now or may become users of
water directly from City and that all existing
industrial Customers of City have priority over
existing and future industrial customers of DWSD.
This entire subsection 20 (b) shall terminate and
be of no further force or effect upon the retire-
ment of the outstanding debt of the District in
existence as of the effective date of this agree-
ment.
•
21. Right'to Terminate Contract: If after five (5) years frop the -
date of this contract BWSD has not provided facilities for the taking of
water under the terms hereof, City shall have the right to cancel this
contract by giving written notice to the BWSD of such intention, or City
may, if it sees fit, extend the five (5) year period for any additional
period or periods, retaining the right to terminate this contract at the
end of any such extended period until such time as DWSD may complete the
first stage of its facilities and begins taking treated water.
If BVISD's need for water from City should cease for a period of at
least thirty (30) days then in such event USD may, by giving thirty (30)
days written notice to City by registered mail, cancel and -terminate this
contract in its entirety. If BUSO should elect.to give and actually gives
City said written notice, then after the expiration of thitty (30) days
from the date said notice is mailed to City as above provided, this
contract and all of its provisions shall become null and void.
23. Force Majeure: If City should be prevented, wholly or in part,
from fulfilling its obligations'under this contract by reason of any act
of Cod, unavoidable accident, acts of .enemy, strikes, fires, floods,
conservation of water for those with superior and legal rights to such
water, governmental restraint or regulation, or other causes of force
majeure, or by reason of circumstances reasonably beyond its control, then
the obligations of City to deliver water to BWSD, as hereinabove provided,
shall be temporarily suspended during continuation of such force majeure.
No damage ball be recoverable by BWSD from City by reason of the tempora—,
suspension of deliveries of water due to any of the causes above mentiona-'_
•
-13-
If CiLy's o'dtigat!oA bL, ..f.fed by auy
promptly notify BWS0 ia writing, giving full particulars of such force
majeure as soon as possible after the occurrence of the cause or causes
relied upon.
If BWSD should be prevented, wholly or in part, from fulfilling its
obligation under this contract by reason ofany act of Cod; unavoidable
accident, acts of enemy, strikes, fires, flOpds, conservation of water
for those with superior and legal rights to such water, governmental
restraint or regulation, or other causes of force majeure, or by reason
of circumstances reasonably beyond its control, then the obligations of
the BWSD to take nater from City, as hereinabove:provided, shall he
temporarily suspended during continuation of such force majeure. No
damage shall be recoverable by City from BUSD by reason of the temporary
cessation of the taking of water dueto any of the causes above mentioned.
If BMWs obligation should be affected by any such causes, BWSD shall
promptly notify City in writing, giving full particulars of such force
majeure-as soon as possible after the occurrence of the cause or causes
relied upon.
23.. Assignability: Except for transfer to an organization created
. and controlled by the EWSD, this contract may be assigned by BWSD only
with the written prior consent of the governing body of City, but if
assigned, this contract shall be binding. upon partieg hereto as well as
their successors and assigns. BWSD hereby agrees that should District
be .in any way consolidated with or absorbed by City that City will be
substituted'in this contract in lieu of District wherever such word
appears.
24. Term of Agreement: Subject to the other terms hereof, this
Contract shall be perpetual.
25. Authority to Execute: 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 resolution of the respective
governing body and certified copies furnished by each party to the other
party for attachment hereto. And the w'ritten approval thereof by the
governing body of the District and the Texas Department of Water Resources
shall likewise have been given through an appropriate resolution, certi-
fied copies of which shall have been ziven to the Parties to 'tb,s contract_
-14-
'26, Ali AgreeL.ants Coutainpd ia this WLit('ea Instrul,ent: IL is agre,,E
by the parties hereto that this instrument contains in writing all of the
agreements betWeen the parties hereto and that nothing*(except those things.
required by law) not incorporated herein or by reference shall be binding
on the parties.
IN WITNESS WHEREOF, the parties hereto:have caused this instrument to
be executed in several counterparts, each co-py of which so executed shall
be considered as an original, by their respective duly authorized repre,-
sentatives, this day of ,
ATTEST:- - CITY OF CORPUS.CHRISTI, TEXAS
City Secretary
•
/5-C-- DAY OF,
APPROVED:
By G(2/t .
.1.1. Bruce Aycock, City Attorney
;
Director of Finance
Director of Public Utilities
ATTEST:
By
'Edward A. Marti n City Jlanager_
BEEVILLE WATER SUPPLY DISTRICT --
By
Secretary, Board of Directors President,'Board of Directors
'ATTEST:
Secretary
-15-
LOWER NUECES RIVER WATER SUPPLY DISTRICT
By
That the foregoing ordinance was read for t first time and passed to its
second reading on this the 4 day of 19 81/ , by the
following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
That the foregoing ordinance was read for t second time and passed to its
third reading on this the „79 day of , 19 git • , by the
following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
That the foreg ingjordinance w
on this the (1.- day of
z.41,14tr the thitime and passed finally
, 19 2l7,1'by the following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
PASSED AND APPROVED, this the 73(G6 day of
ATTEST:
ty Secretary
APgED:
DAY OF:Aata.4474-1/19Sr:
J. BRUCE COCK, TY ATTORNEY
By
Assistant City
nay
MAYOR
THE TY OF CORPUS CHRISTI, TEXAS
16913
MOTION
moved and
seconded the the motion that the ordinance authorizing a water sales contract
with Beeville Water Supply District, read on the first two of three readings
on December 16 and December 23, 1981, be amended prior to the third and final
reading by adding to the paragraph following 4(b) the words not to exceed
an average of 15 million gallons per day for any calendar month" between the
words "abovementioned amounts" and "if, in the opinion of the City," said
paragraph to hereafter read as follows:
"City also agrees to sell whatever quantity of water BWSD requires
in excess of the abovementioned amounts not -Co exceed an average of 15
million gallons per day for any calendar month if, in the opinion of Cit,
such water is available and can be sold to BWSD without endangering the water
supply of City or of prior contracts."
PASSED