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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