HomeMy WebLinkAbout17998 ORD - 12/21/1983AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT TO SELL
THE REYNOLDS WATER PIPELINE TO SAN PATRICIO MUNICIPAL WATER
DISTRICT AND A BILL OF SALE IN CONNECTION THEREWITH;
AUTHORIZING ASSIGNMENT OF RELATED PIPELINE EASEMENTS; AND
AUTHORIZING EXECUTION OF AMENDED CONTRACTS FOR SALE OF
TREATED AND UNTREATED WATER TO SAID WATER DISTRICT; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
WHEREAS, in 1951 the City entered into a contract with Reynolds Metals
Company to sell treated water at the Cunningham Water Treatment Plant to be
transported through water transmission line to the Reynolds plants between
Ingleside and Gregory in San Patricio County, with the option for the City to
purchase the Reynolds line constructed during the term of the contract; and
WHEREAS, the San Patricio Municipal Water District, formed by an Act
of the State Legislature, commenced serving several communities in the 1950s
with water transported through the Reynolds' line, a procedure that was
contemplated in the Reynolds -City Contract, and in 1963 the City and District
executed a 30 -year voter approved contract for the sale of treated and untreated
water; and
WHEREAS, the City exercised the option to purchase the transmission
line and consummated the purchase on June 8, 1982, with the District and
Reynolds maintaining the line, and the District being billed for water at the
Public Agency rate for water purchased at the City's treatment plant site; and
WHEREAS, the District desires to purchase the Reynolds' line and to
continue the untreated water contract with the City in perpetuity rather than
having the contract expire in 1993, and to accomplish this, it is deemed
advisable to execute two contracts, an untreated water contract and a treated
water contract, and to execute the documents necessary to effect the transfer of
the water line and related easements:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the City Manager is hereby authorized to execute a
contract to sell the Reynolds' water pipeline to San Patricio Municipal Water
District and a Bill of Sale in connection therewith, all as more fully set forth
in the contract, substantial copies of which are attached hereto and made a part
hereof, marked Exhibits "A" and "B" respectively.
SECTION 2. That the there is hereby authorized the assignment of
related pipeline easements, all as more fully set forth in the assignment
MICROFILMED
17993 SEP 2 81984
agreement, a substantial copy of which is attached hereto and made a part
hereof, marked Exhibit "C".
SECTION 3. That the City Manager is hereby authorized to execute
amended contracts for sale of treated and untreated water to San Patricio
Municipal Water District, all as more fully set forth in the amended contracts,
substantial copies of which are attached hereto and made a part hereof, marked
Exhibits "D" and E.
SECTION 4. That upon written request of the Mayor or five Council
members, copy attached, to find and declare an emergency due to the immediate
need for efficient and effective administration of City affairs by approving the
above mentioned contracts for sale of the Reynolds' pipeline, such finding of an
emergency is made and declared requiring suspension of the Charter rule as to
consideration and voting upon ordinances or resolutions at three regular
meetings so that this ordinance is passed and shall take effect upon first
reading as an emergency measure this the 62/ day of December, 1983.
ATTEST:
Ci Secretary
APPROVED: Z( S DAY OF DECEMBER, 1983
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City A
je
MAYOR Iferf
OF
THE CITY OF CORPUS CHRISTI, TEXAS
CONTRACT
THE STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
Whereas, the City of Corpus Christi, hereinafter referred to as
"City", and the San Patricio Municipal Water District, hereinafter referred
to as "District", have entered into a contract dated May 27, 1963 for a
term of 30 years whereby City shall sell to District treated and untreated
water on the terms and conditions provided in said agreement; and
Whereas, by virtue of a water contract between Reynolds Metals
Company, hereinafter referred to as "Reynolds" and City, dated October 5,
1951 which terminated on September 30, 1981, City acquired an option to
purchase the Reynolds water pipeline, said option having been exercised and
the purchase of the pipeline consummated June 8, 1982; and
Whereas, it is the desire of the parties hereto that City convey
said Reynolds water pipeline to District under the terns and conditions set
forth herein in order to provide District a continuous and reliable supply
of water from City at the lowest cost; and
Whereas, due to changes in conditions and circumstances of the
parties, it is the desire of the parties to amend said contract to provide
for the sale and purchase of treated and untreated water by separate
agreements, it being the intent of the parties that each of such contracts
shall supersede and be substituted for the existing contract of May 27,
1963; and
Whereas, simultaneously with the execution of this contract, City
and District will enter into agreement by which City will sell water to
District;
Now, therefore, for and in consideration of the premises and the
exchange, of mutual covenants and conditions herein contained to be kept and
performed by the parties, it is hereby agreed as follows: \
1. District hereby agrees to purchase and City agrees to sell to
District the Reynolds water pipeline, herein referred to as
"pipeline", more particularly described in Exhibit 1 attached
hereto and made a part hereof, and further, City agrees to
transfer and assign all its right, title and interest in and to
pipeline easements located in San Patricio County and Nueces
Gib. '19
County, Texas relating to said pipeline more particularly
described in Exhibit II, attached hereto and made a part hereof;
and to one certain lease dated June 1, 1957, as described in
Exhibit III, attached hereto and made a part hereof.
2. As consideration for the transfer of the pipeline, District
agrees to pay City the sum of $451,407.41, plus interest on said
sum calculated at the annual rate of twelve (12%) percent from
June 8, 1982 to the date of execution of this contract.
3. City hereby covenants with the District that its interest in the
pipeline is free from all encumbrances and that it has good right
to sell the same as aforesaid; and that City will warrant and
defend the same against the lawful claims and demands of all
persons.
4. City makes no warranties or representations as to the condition
of the pipeline, and the District, by its acceptance of the
pipeline, agrees to take the pipeline in the condition it is in
on the date hereof.
5. District shall furnish to City a sixteen (16) inch Rockwell Turbo
water meter Model W10,000 and sixteen (16) inch Flanged Butterfly
Valve, City specification, equipped for electric operator to be
installed by City at City's cost at the sante location as the
existing meter measuring flow through the pipe line. The
existing meter shall become the property of City.
6. District shall furnish flow and control equipment and cause same
to be installed at the control panel in the Cunningham Water
Filtration Plant. This equipment to include remote valve
operator and position indicator, rate of flow recorder and
totalizer and pressure recorder with signal from San Patricio's
Odem Pump Station.
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed in duplicate, each copy of which so executed
shall be considered as an original, by their respective duly authorized
representatives, this the day of , 1983.
San Patricio/Reynolds Pipeline Sale Contract
Page 2
ATTEST: CITY OF CORPUS CHRISTI
By
City Secretary Edward A. Martin, City Manager
APPROVED:
Day of , 1983
J. Bruce Aycock, City Attorney
By
Assistant City Attorney
By
James K. Lontos, P.E.
Assistant City Manager
By
Director of Public Utilities
ATTEST: SAN PATRICIO MUNICIPAL WATER DISTRICT
By
Secretary, Board of Directors
By
President, Board of Directors
San Patricio/Reynolds Ppeline Sale Contract
Page 3
EXHIBIT
EASEMENTS LOCATED IN SA"] PATRICIO COUNTY, TEXAS
RELATING TO A WATER PIPELINE OR APPROXIMATELY
138,410 LINEAL FEET, mon PARTICULARLY
DESCRIBED AS FOLLOWS:
GRANTOR SAN PATRICIO COUNTY DATE RECORDED
REGISTRY NO_
1. J. H. Shell 77470 10-02-51
2. E. S. Nutt and Homer R. Hunt, as 193361 09-03-68
Executors and Trustees of the
'Estate of J. H. Shell
3. A. N. Smith, et ux 76917 08-23-51
4. Doc Smith et ux 77465 10-02-51
5. Doc Smith et ux 193145 08-20-68
6. Lyra M. Sparks et al 77488 10-02-51
7. Ella Svadlena}; 77485 10-02-51
8. J. E. Ford 79419 02-01-52
9. R. E. Turner et ux 76918 08-23-51
10. E. N. Tutt, et al as Executors 77489 10-02-51
and Trustees of the Estate of
Joseph F. Green
11. Stanley L. Webb, Jr. 77468 10-02-51
12. F. D. Kokernot 77490 10-02-51
13. S. L. Marriott, et ux 77483 10-02-51
14. H. L. McCann 77487 10-62-51
15. A. A. McGregor, et al 76750 - 08-10-51
16. A. A. McGregor, et al 122634 04-23-58
17. Daniel P. Moore 77473 '10-02-51
18. Ellie Jay Noakes, et al 335002 10-03-51
19. C. C. Parker, et ux 76944 - 08-27-51
20. Irene Phillips, et con 77474 10-02-51
21. L. L. Phillips 77464 10-02-51
22. Mrs.-Mo-11ie Phillips 77482 10-02-51
23. Mintie--Roberts 77479 10-02-51
24. San Patricio County Conservation 77901 10-31-51
& Reclamation District No. 2
25. C. II Griffith 12210 -03-20-58
26. Lucille H. Harwood 77469 10-02-51
27. Susie B. Hatcher, et al 77471 10-02-51
28. C. A. Hearne, et al 77476 10-02-51
29. L. E. Heinsohn, et all 122212 03-25-58
30. Minnie Hoskinson 77467 10-02-51
31. Dr. Y. S. Jenkins, et ux 77486 10-02-51
32. C. V. Jones 77472 _ 10-02-51
33. M. A. Kennedy, et al 77463 10-02-51
34. Dora Kinghorn, et al 122111 03-20-58
35. Mrs. Dora Kinghorn, et al 76912 08-23-51
36. Wilma Farley Kinghorn 76913 08-23-51
37. Mrs. Emma Frances Baylor 76915 08-23-51
38. Jack Blackman 77466 10-02-51
39. W. K. Bonner, et ux 77480 10-02-51
40. Mainee Olivia Carver 77475 10-02-51
41. City of Odem 76914 08-23-51
42. Ida G. Curry, et con 76911 08-23-51
43. Orville W. Eastland, et ux 77478 10-02-51
44. J. E. Garrett, et al 77477 . 10-02-51
45. Mary D. Glasson 77481 10-02-51
46_ W. M. Griffith 76916 08-23-51
47. Stanley L. Webb, Jr., Trustee 122109 03-20-58
48. Stanley L. Webb, Jr., Trustee 76919 08-23-51
EXHIBIT I
Description of Reynolds Water Pipeline,
San Patricio County, Texas
Reynolds Water Pipeline in San Patricio County, Texas, consists of approxi-
mately 138,410 lineal feet of 20 inch and 24 inch diameter pipeline and
easement extending from the City of Corpus Christi Cunningham Filtration
Plant at Calallen, Texas to the Reynolds Metals Company property near
Gregory, Texas, with one (1) intermediate booster pump station located near
Odem, Texas. The water line consists of three (3) interconnected sections:
600 lineal feet of wrapped steel pipe under the Nueces River, 43,000 lineal
feet of 20 -inch cast iron pipe and 24 -inch concrete steel cylinder pipe
extending from the river crossing to the Odem booster station, (approxi-
mately 15,000 lineal feet of this section is 20 -inch cast iron), and
approximately 94,810 lineal feet of 24 -inch concrete steel cylinder pipe
extending from the Odem booster station to the westerly property line of
the Reynolds Metals Company property near Gregory. Applicable sections of
the pipeline are cathodically protected.
The Odem booster station consists of a 26 foot by 50 foot metal building
housing appropriate piping, pumps, motors, control valves and electrical
controls; and, appropriate piping, pumps, motors, control valves and
electrical controls, and, one (1) 100,000 gallon concrete water reservoir;
all located on a tract of land of approximately one (1) acre which is leased
from the City of Odem for a 99 -year term beginning June 1, 1957.
F11679
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EXHIBIT II -8•
EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
THAT REYNOLDS METALS COMPANY, a Delaware corporation
(the "Grantor"), in consideration of Ten Dollars ($10_00) and
other good and valuable consideration, receipt of Which is
hereby acknowledged, does hereby grant and convey to the City of
Corpus Christi, Texas, a municipal corporation (the "Grantee'*),
an easement and right of way fifteen (15) feat in width on
either side of a centerline (the "Easement") to lay,.maintain,
operate, inspect, repair, replace and remove a pipeline for the
transportation of water only upon certain property situated in
San Patricio County, Texas, which property was conveyed to
Grantor by deed from Irene Phillips, et al, dated°September 20,
1958 and recorded October 20, 1958 in the Office of the Clerk of
the County Court of the County of San Patricio in Volume 238,
page 244 of the Deed Records of said County, the centerline of
the Easement being described as follows:
Commencing at the common corner of Sections 52, 53, 59
and 60 -:of the Geo. H. Paul Subdivision of the Coleman—
Fulton Pasture Company's Lands, as shown on Map
recorded in Volume 1, Page 32 of the Plat Records of
San Patricio County, Texas; thence South 29'45' mast,
40.3 feet to the northwest corner of the Reynolds
Metals Company 1.0 acre tract; thence, southwardly
along the' western line of said 1.0 acre tract,. 19_6
feet to the TRUE POINT OF BEGINNING of the centerline
being described herein; thence, along said centerline,
South 31'55' East, 188.9 feet to a point in the
southern line of said 1.0 acre tract and the terminus
'of the centerline being described herein, as shown on
the plat attached hereto as Exhibit A_ .
together with the right of ingress and egress to and from the
Easement for the purposes of exercising the rights herein
granted, preserving unto Grantor full use and enjoyment of the
'property on which the Easement is located for any purpose not
inconsistent with the rights herein granted.
TO HAVE AND TO HOLD the Easement unto the Grantee, its
successors and assigns.
The grant of this Easement is made subject to and on
the following terms and conditions:
1. Should Grantee fail to use ali or any part of
the Easement for a continuous period of two
years, this Easement shall terminate with
respect to ali.or such portion of said
casement not used and, at Grantor's request,
Grantee shall remise, release, .and quitclaim
to Grantor all of its right, title and
interest in and to all or such portion of the
Easement which has terminated as provided in
this paragraph.
2. This conveyance is subject to all grants and
other restrictions and encumbrances which
have been previously made affecting the
Easement.
3. The exercise by Grantee of the rights hereby
granted shall be at Grantee's risk and
Grantee shall defend, indemnify and hold
Grantor harmless from any and all losses,
claims, liabilities, or damage arising from
the existence of the Easement, or Grantee's
construction, installation, operation,
maintenance, alteration, repair or removal of
the line.
4.
This -Easement is subordinate to the lien of
the existing mortgage on the property es the
mortgage has been or. may hereafter be
supplemented or amended.
5. The terms, conditions and provisions of this
Easement shall extend to and be binding upon
the personal representatives, successors and
assigns of the Grantor and the Grantee.
• IN WITNESS WHEREOF, Grantor has caused this instrument
to be executed as of the 30th day of April, 1982_ .
(SEAL)
ATTEST:
By
`7 Secretary
JLD/pbd
FI1735
REYNOLDS METALS COMPANY
STATE OF VIRGINIA)
}
COUNTY OF HENRICO)
SS:
On the 30th day of April, 1982, before me personally
cane Julian H. Taylor and Richard I. Dawes, to me known, who,
being by me duly sworn, did depose and say that they reside at
2007 Grove Avenue, Richmond, Virginia and 8900 Watling ton Road,
Richmond, Virginia, respectively; that they are the Treasure
and Secretary, respectively, of Reynolds ;petals Company, the
corporation described in and which executed the above instru—
ment; that they know the seal of said corporation; that the seal
affixed to said instrument is such corporate seal; that it was
so affixed by order of said corporation; and that they'signed
their names thereto by like order_ -
Ply Commission expires:
Notary Public
rY/E
J29'43'4' 4.. 40. s"
—`'\ t I 6FN -4".4
rP_ .1L O:✓G SOUTH LAVE Of PUd//C ,ao. GY ALo�YGF TACE'
` TA
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J�-GT✓C✓N !i ✓_�
b \ \
m -- -- PROPOSED LIwz-E-4,5
\\ \ \
\
REY/'JOL DS METALS CO, l,c ,/Y
.4 C,PE
9.7' _\ \2¢.2.00'
�\ \
NOW o/( FOKMwRL Y JRE.VE 3,337/14L/P3.5.3. ETY/Rr ETSJG
P.EFERfNCE:
PLAIDS EN7f74E12 -'y✓ATEo SUPPLY MA/A/, CALALLEN TO
f.'EOLJCT/ON PLANT REnt/OLOS METALS CO/i1PANY OAT p
/95/, 47;7,7E-4-7",.7.4..,5 oF.24, P� PAPEO BY ✓. G•o.?OON 727,47N273W43
/WC., CO/✓SUL 7/NO E:VG/NEEP. S.
4707E7
ALL U/ME/1J/0.,s 7o ANO.420J/a THE _ 'L/ /E OF 7.19E
P��✓'G"'�G- =Ate'=^.i=/�1 �.C� AP 8 ,'1. 1TE 0'9Z Y.
PLAT SHO .%/NGA /WOPOS.ED WAT%4' LOVE E,?S5i-7E-ArT TG' .8E
GRANTED TD 7 -WE C/7Y OE CORPUS CHR/STI, TEX..? 5 , /,I
0E6'77 ON GO OF Tf/F GEO. N. PAUL SUED/V/S/Q,/ pF 7 4'5
COLEMAN -FULTON PAS?U,QE CO,3'/P„NY'S L,grt40 v,qN
PA7R/C/O Co., Tc XAS
ATF:
9-50 A /7'..?.
4 J3WN sY:
REYNOLDS `METALS COMPANY R.M.c_DRAW:r,c r,o.
REAL ESTATE D.EPARTMET, 8O/9_____8-� 35=S.
. EXHIBIT .III
Lease dated June 1, 1957 between the City of Odem and
Reynolds Metals Company, recorded on June 18, 1957 in the off ice
of the Clerk of the County Court of San Patricio County, Teras
in Volume 223, page 498 of the Deed Records_
}
FIl680
BILL OF SALE
THE STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
THAT the City of Corpus Christi, a municipal corporation ("City"), in
consideration of TEN DOLLARS ($10.00) and other good and valuable
consideration, receipt of which is hereby acknowledged, does hereby grant,
sell, transfer and convey to the San Patricio Municipal Water District, a
water conservation district and political subdivision of the State of Texas
("San Patricia), all its rights, title and interest existing at the date
hereof in the Reynolds water pipe line described in Exhibit I attached
hereto and made a part hereof (the "Pipeline").
TO HAVE AND TO HOLD the Pipeline unto San Patricio, its successors and
assigns forever.
City hereby covenants with San Patricia that its interest in the
Pipeline is free from all encumbrances and that it has good right to sell
the same as aforesaid; and that City will warrant and defend the same
against the lawful claims and demands of all persons.
City makes no warranties or representations as to the condition of the
Pipeline, and San Patricio by its acceptance of this Bill of Sale, agrees
to take the Pipeline in the condition it is in on the date hereof.
IN WITNESS WHEREOF, City has caused this instrument to be duly
executed as of this day of , 1983.
ATTEST CITY OF CORPUS CHRISTI
By: By:
City Secretary Edward A. Martin, City Manager
APPROVED:
day of
J. Bruce Aycock, City Attorney
By:
Assistant City Attorney
, 1983
James K. Lontos, P.E.
Assistant City Manager
Bill Of Sale
San Patricio Municipal Water District
Page 2
EXHIBIT I
Description of Reynolds Water Pipeline,
San Patricio County, Texas
Reynolds Water Pipeline in San Patricio County, Texas, consists of approxi-
mately 138,410 lineal feet of 20 inch and 24 inch diameter pipeline and
easement extending from the City of Corpus Christi Cunningham Filtration
Plant at Calallen, Texas to the Reynolds Metals Company property near -
Gregory, Texas, with one (1) intermediate booster pump station located near
Odem, Texas. The water line consists of three (3) interconnected sections:
600 lineal feet of wrapped steel pipe under the Nueces River, 43,000 lineal
feet of 20 -inch cast iron pipe and 24 -inch concrete steel cylinder pipe
extending from the river crossing to the Odem booster station, (approxi-
mately 15,000 lineal feet of this section is 20 -inch cast iron), and
approximately 94,810 lineal feet of 24 -inch concrete steel cylinder pipe
extending from the Odem booster station to the westerly property line of
the Reynolds Metals Company property near Gregory. applicable sections of
the pipeline are cathodically protected.
The-Odem booster station consists of a 26 foot by 50 foot metal building
housing appropriate piping, pumps, motors, control valves and electrical
controls; and, appropriate piping, pumps, motors, control valves and
electrical controls, and, one (1) 100,000 gallon concrete water reservoir;
all located on a tract of land of approximately one (1) acre which is leased '
from the City of Odem for a 99 -year term beginning June 1, 1957.
FI1679
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ASSIGNMENT
THE STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
THAT the City of Corpus Christi, a municipal corporation ("City"), in
consideration of TEN DOLLARS ($10.00) and other good and valuable
consideration, receipt of which is hereby acknowledged, does hereby assign,
transfer, convey and sell to the San Patricio Municipal Water District, a
water conservation district and political subdivision of the State of Texas
("San Patricia"), all its rights, title and interest existing at the date
hereof in the easements and lease described in Exhibits IIA, IIB, and III
attached hereto and made a part hereof.
San Patricia agrees to indemnify and hold City harmless from and
against any claims, losses, damages or causes of action resulting from San
Patricio's exercise of any rights or the failure to perform any obligations
under the easements and lease hereby assigned.
IN WITNESS WHEREOF, the parties hereto have caused this Assignment to
be duly executed as of the day of , 1983.
ATTEST: CITY OF CORPUS CHRISTI
By: By:
City Secretary Edward A. Martin, City Manager
APPROVED:
day of , 1983
J. Bruce Aycock, City Attorney
By:
Assistant City Attorney
James K. Lentos, P.E.
Assistant City Manager
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on , 1983
by Edward A. Martin as City Manager of the City of Corpus Christi, Texas.
Notary Public
State of Texas
My Commission expires:
GRANTOR
EXHIBIT II -A
EASEMENTS LOCATED IN SAN PATRICIO COUNTY, TEXAS
RELATING TO A WATER PIPELLNE OR APPROXIMATELY
138,410 LINEAL FEET, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
SAN PATRICIO COUNTY DATE RECORDED
REGISTRY NO.
1. J. H. Shell 77470 10-02-51
2. E. S. Nutt and Homer R. Hunt, as 193361 09-03-68
Executors and Trustees of the
'Estate of J. H. Shell
3. A. N. Smith, et ux 76917 08-23-51
4. Doc Smith et ux 77465 10-02-51
5. Doc Smith et ux 193145 08-20-68
6. Lyra M. Sparks et al 77488 10-02-51
7. Ella Svadlenak 77485 10-02-51
8. J. E. Ford 79419 02-01-52
9. R. E. Turner et ux 76918 08-23-51
10. E. N. Tutt, et al as Executors 77489 10-02-51
and Trustees of the Estate of
Joseph F. Green
11. Stanley L. Webb,'.3r. 77468 10-02-51
12. F. D. Kokernot 77490 10-02-51
13. S. L. Marriott, et ux 77483 10-02-51
14. H. L. McCann 77487 10-02-51
15. A. A. McGregor, et al 76750 08-10-51
16. A. A. McGregor, et al 122634 04-23-58
17. Daniel P. Moore 77473 10-02-51
18. Ellie Jay Noakes, et al 335002 10-03-51
19. C. C. Parker, et ux 76944 08-27-51
20. Irene Phillips, et con 77474 10-02-51
21. L. L. Phillips 77464 10-02-51
22. Mrs. Mollie Phillips 77482 10-02-51
23. Mintie Roberts 77479 10-02-51
24. San Patricio County Conservation 77901 10-31-51
& Reclamation District No. 2
25. C. H Griffith 12210 '03-20-58
26. Lucille H. Harwood 77469 10-02-51
27. Susie B. Hatcher, et al 77471 10-02-51
28. C. A. Hearne, et al 77476 10-02-51
29. L. E. Heinsohn, et all 122212 03-25-58
30. Minnie Hoskinson 77467 10-02-51
31. Dr. Y. S. Jenkins, et ux 77486 10-02-51
32. C. V. Jones 77472 10-02-51
33. M. A. Kennedy, et al 77463 10-02-51
34. Dora Kinghorn, et al 122111 03-20-58
35. Mrs. Dora Kinghorn, et al 76912 08-23-51
36. Wilma Farley Kinghorn 76913 08-23-51
37. Mrs._Emma Frances Baylor 76915 08-23-51
38. Jack Blackman 77466 10-02-51
39. W. K. Bonner, et ux 77480 10-02-51
40. Mainee Olivia Carver
41. City of Oden
42. Ida G. Curry, et con
43. Orville W. Eastland, et ux
44. J. E. Garrett, et al
45. Mary D. Glasson
46. W. M. Griffith
47. Stanley L. Webb, Jr., Trustee
48. Stanley L. Webb, Jr., Trustee
fi1677
77475
76914
76911
77478
77477
77481
76916
122109
76919
10-02-51
08-23-51
08-23-51
10-02-51
10-02-51
10-02-51
08-23-51
03-20-58
08-23-51
•
EXHIBIT II -B
EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
THAT REYNOLDS METALS COMPANY, a Delaware corporation
(the "Grantor"), in consideration of Ten Dollars ($10.00) and
other good and valuable consideration, receipt of which is
hereby acknowledged, does hereby grant and convey to the City of
Corpus Christi, Texas, a municipal corporation (the "Grantee"),
an easement and right of way fifteen (15) feet in width on
either side of a centerline (the "Easement") to lay, maintain,
operate, inspect, repair, replace and remove a pipeline for the
transportation of water only upon certain property situated in
San Patricio County, Texas, which property was conveyed to
Grantor by deed from Irene Phillips, et al, dated September 20,
1958 and recorded October 20, 1958 in the Office of the Clerk of
the County Court of the County of San Patricio in Volume 238,
page 244 of the Deed Records of said County, the centerline of
the Easement being described as follows:
Commencing at the common corner of Sections 52, 53, 59
and._60 of the Geo. H. Paul Subdivision of the Coleman -
Fulton Pasture Company's Lands, as shown on Map
recorded in Volume 1, Page 32 of the Plat Records of
San Patricio County, Texas; thence South 29°45' East,
40.3 feet to the northwest corner of the Reynolds
Metals Company 1.0 acre tract; thence, southwardly
along the western line of said 1.0 acre tract,. 19.6
feet to the TRUE POINT OF BEGINNING of the centerline
being described herein; thence, along said centerline,
South 31°55' East, 188.9 feet to a point in the
southern line of said 1.0 acre tract and the terminus
of the centerline being described herein, as shown on
the plat attached hereto as Exhibit A.
together with the right of ingress and egress to and from the
Easement for the purposes of exercising the rights herein
granted, preserving unto Grantor full use and enjoyment of the
'property on which the Easement is located for any purpose not
inconsistent with the rights herein granted.
TO HAVE AND TO HOLD the Easement unto the Grantee, its
successors and assigns.
The grant of this Easement is made subject to and on
the following terms and conditions:
1. Should Grantee fail to use all or any part of
the Easement for a continuous period of two
years, this Easement shall terminate with
respect to all. or such portion of said
,Easement not used and, at Grantor's request,
Grantee shall remise, release, and quitclaim
to Grantor all of its right, title and
interest in and to all or such portion of the
Easement which has terminated as provided in
this paragraph.
2. This conveyance is subject to all grants and
other restrictions and encumbrances which
have been previously made affecting the
Easement.
3. The exercise by Grantee of the rights hereby
granted shall be at Grantee's risk and
Grantee shall defend, indemnify and hold
Grantor harmless from any and all losses,
claims, liabilities, or damage arising from
the existence of the Easement, or Grantee's
construction, installation, operation,
maintenance, alteration, repair or removal of
the line.
4. This Easement is subordinate to the lien of
the existing mortgage on the property as the
mortgage has been or may hereafter be
supplemented or amended.
5. The terms, conditions and provisions of this
Easement shall extend to and be binding upon
the personal representatives, successors and
assigns of the Grantor and the Grantee.
IN WITNESS WHEREOF, Grantor has caused this instrument
to be executed as of the 30th day of April, 1982.
(SEAL)
ATTEST:
By CN-.
--I-7 Secretary
JLD/pbd
FI1735
REYNOLDS METALS COMPANY
STATE OF VIRGINIA)
COUNTY OF HENRICO)
SS:
On the 30th day of April, 1982, before me personally
came Julian H. Taylor and Richard I. Dawes, to me known, who,
being by me duly sworn, did depose and say that they reside at
2007 Grove Avenue, Richmond, Virginia and 8900 Watlington Road,
Richmond, Virginia, respectively; that they are the Treasurer
and Secretary, respectively, of Reynolds Metals -Company, the
corporation described in and which executed the above instru—
ment; that they know the seal of said corporation; that the seal
affixed to said instrument is such corporate seal; that it was
so affixed by order of said corporation; and that they signed
their names thereto by like order.
My Commission expires:
,�Gl u,+✓ _ tCGC
Notary Public
(r/E L/Nc )
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EXHIBIT ,III
Lease dated June 1, 1957 between the City of Odem and
Reynolds Metals Company, recorded on June 18, 1957 in the office
of the Clerk of the County Court of San Patricio County, Texas
in Volume 223, page 498 of the Deed Records.
FI1680
THE STATE OF TEXAS §
COUNTY OF NUECES 5
TREATED WATER CONTRACT BE'1 15N
SAN PATRICTO P7UNICIPAL WATER DISTRICT
AND
THE CITY OF C2PU,1 CHRTSTT
WHEREAS, the City of Corpus Christi (hereinafter called
"Corpus Christi"), by virtue of a contract executed on August 10,
1955, between the Lower Nueces River Water Supply District
(hereinafter called "District") and Corpus Christi, is the sole
purchaser of untreated water from the District; and
WHEREAS, said contract between Corpus Christi and
District was authorized by the voters of the City of Corpus
Christi on December 13. 1952, for a period of 30 years; and
_._WHEREAS, said contract grants to Corpus Christi complete
and exclusive rights to all water impounded by the reservoir
during the life of said contract and obligates Corpus Christi to
provide all inhabitants of District with water service upon a
basis of equality and uniformity without discrimination in
accordance with corpus Christi's rate schedules and requirements
applicable to the various classifications of service, including
such requirements as the City may prescribe for subdivisions and
new consumers (Section 10); and
WHEREAS, said contract (Section 14) specifies that Corpus
Christi shall retain ownership of the water permits heretofore
issued to it by the Board of Water Engineers of the State of
TExas; and )
WHEREAS, said contract (Section 15) provides that Corpus
Christi agree to make surplus water (as that term is defined
therein) available by it under appropriate contract with
municipalities and other consumers located outside the District
and with agricultural users for irrigation purposes either within
or without the District;
WHEREAS, THE
(hereinafter called San
political subdivision of
1951, by the Legislature
was necessary to obtain
and
San Patricio Municipal Water District
Patricio), a conservation district and
the State of Texas, duly created in June,
of the State of Texas, determined that it
water from Corpus Christi to serve its
present and future customers; and
WHEREAS, Corpus Christi determined that sufficient water
was available in the Nueces River and could be impounded in the
existing storage facilities at Lake Corpus Christi so as to serve
the existing customers of Corpus Christi, meet the obligations of
the existing contracts of Corpus Christi, and provide the
anticipated requirements of San Patricio; and
WHEREAS, pursuant to an election held in Corpus Christi
on the 25th day of May, 1963, whereby the voters authorized a
contract__ for the sale of treated and untreated water. to San
Patricio for a term of 30 years, Corpus Christi has sold water to
San Patricio under the terms and conditions of said contract and
by which both parties have performed their obligations in a
mutually satisfactory manner; and
WHEREAS, in
Patricio constructed
treatment plants, and
accordance with
a diversion
the 1963 contract, San
works,
pumps, pipeline,
terminal storage reservoir, (hereinafter
called "facilities") and arranged to take water from Corpus
Christi, and said facilities having been built in accordance with
plans and specifications prepared by San Patricio, were acceptable
to Corpus Christi; and
WHEREAS, due to changes in conditions and circumstances
of the parties, it is the desire of the parties to amend said
contract to provide for the sale and purchase of treated and
untreated water by separate agreements, it being the intent of the
parties that each of such contracts shall supersede and be
substituted for the existing contract of May 27, 1963; and
•
WHEREAS, simultaneously with the execution of this
contract, Corpus Christi and San Patricio will enter into a
similar agreement by which Corpus Christi will sell untreated
water to San Patricio;
NOW, THEREFORE, acting by and through the respective duly
authorized officers on this day, Corpus Christi and San Patricio
hereby contract in the following matters,
WITNESSETEI
In consideration of the premises and the sum of ten
dollars ($10.00) cash in hand paid to Corpus Christi by San
Patricio, the benefits arising to both Corpus Christi and San
Patricio through the sale of treated water and the mutual
covenants and agreements of the parties herein contained, it is
agreed as follows:
SECTION 1 Quantity and Point of Taking - Corpus
Christi agrees to sell such treated water as shall be needed by
San Patricio in the operation of its transmission and
distribution system, subject to the conditions set forth herein.
San Patricio shall take the treated water at the existing
purchase point at the Cunningham Treatment Plant of Corpus
Christi and transport it through its existing pipeline facility.
No other treated water transmission facility taking water at this
point is contemplated by the Contract. The quantity of water
taken shall be a maximum of 15 million gallons per day. and a
minimum of the total of the treated water consumption of the
cities of Odern, Taft, Portland and Gregory and those rural water
districts presently connected to the existing water transmission
pipeline.
SECTION 2 Price - The price to be charged for
treated water sold by Corpus Christi to San Patricio shall be as
follows:
(A) For the first 20,000,000 gallons taken in each
month - the regular established outside of City Limit
rate OCL at the time of taking for customers of similar
location and demand requirements.
(B) For all over the above 20,000,000 gallons taken in
each month the regular established "Public Agency for
Resale Rate" as established by Section 55-50 of the
City Code of Ordinances as revised shall apply.
SECTION 3 Title and Measurement
A. Title - Title to and possession of the treated
water delivered hereunder by Corpus Christi shall be
deemed to pass to San Patricio, at the point of
delivery. It is agreed by Corpus Christi and San
Patricio that each shall indemnify and forever hold
_177_.harmless the other against each and every claim, demand
or cause of action which may arise while the treated
water is in its possession.
B. Measurement of Water - Measurement of water will be
in U.S. Standard Gallons and will be determined by a
meter or meters of standard manufacture owned and
installed by Corpus Christi at the Cunningham Treatment
Plant. Checks as to the accuracy of the meter or
meters used to determine consumption by San Patricio
shall be made annually by Corpus Christi or a third
party designated by Corpus Christi. Corpus Christi
shall notify San Patricio in writing ten (10) days in
advance of all annual checks so that San Patricio may
have a representative present. Expenses of the annual
tests will be borne by Corpus Christi. If San Patricio
at any time shall request a special test of any meter,
the parties shall cooperate to secure an immediate
determination of the accuracy thereof and shall make
joint observations of any adjustments. If, as a result
of such test, any meter tested is found to he less than
2% high or low, the cost of such test will be borne by
San Patricia, otherwise, by Corpus Christi, but such
meter shall be at once adjusted to record as accurately
as possible. If on any test the meter tested shall be
found to be inaccurate by an amount exceeding 2%, then
any previous readings of such meter shall be 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 thirty (30) 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
hereundeL cannot be ascertained or computed from meter
readings thereof, the water delivered during the period
such meter or meters are out of service shall be
estimated and agreed upon by the parties hereto upon
the basis of the best data available.
C. It is mutually understood that San Patricio will
not introduce treated water or allow treated water to
be introduced on its behalf into the Reynolds
Transmission Pipeline from any source other than Corpus
Christi for the term of this Contract.
SECTIOF 4 Restrictions on Resale - It is
understood that San Patricio contemplates selling treated water
to customers who in turn resell to others. San Patricio agrees
that it will not sell water to such future customers unless they
comply with "Requirements for Review and Approval for Water
Systems Connected to San Patricio Municipal Water District
Transmission System," Attachment "A" to this Contract.
San Patricio agrees to bind its future customers and its existing
customers upon contract renewals to the stipulations contained in
this contract and to request its existing customers to honor said
stipulations. All resale agreements both future and existing,
shall stipulate that should there be a shortage in the basic
supply of water which requires the restriction or curtailing of
any consumer of water within the City limits of Corpus Christi
that, coincident with such restrictions or limitation within
Corpus Christi, San Patricio will limit and restrict all of its
customers, both direct and indirect through resale, to the same
extent.
SECTION 5 Storage and Pumping Requirements - San
Patricio shall construct and maintain or require each city or
water district to construct and maintain ground or overhead water
storage facilities or a combination of both in amounts equal to
one day's supply based on the highest daily use of each city for
any one day during the previous five years. San Patricio shall
cooperate with Corpus Christi in operation of the Reynolds line
to avoid rapid changes in rate of take. San Patricio will take
necessary steps to assure that their operation of the line does
not result in transient pressures at the meter exceeding 70 psi
nor "spiking" surges below this level. San Patricio will provide
a pressure signal at the Cunningham Treatment Plant for use by
Corpus Christi in monitoring and controlling deliveries to the
line. Pumps directly connected to the Reynolds' water line
between the Odem Booster and the meter at the Corpus Christi
Treatment Plant are prohibited. The water supply of San Patricio
and of each city or water district served by San Patricio shall
continuously meet the health requirements of the State Department
of health if such City or water district is directly connected to
the_Reynolds' line or to San Patricio transmission facilities
which are directly connected to the Reynolds' line.
rv�
General Provisions
SECTION 6 - Corpus Christi Right to Sell - Corpus
Christi retains the right to sell either treated or untreated
water at points and to customers that are located either within
or outside of the boundaries of San Patricio.
SECTION 7 Priorities - San Patricio became a contract
customer of Corpus Christi under the terms of the Contract dated
the 27th day of May, 1963, and it was agreed as a part of that
contract that the water needed to fulfill the needs of San
Patricio up to the capacity of the existing Reynolds Transmission
pipeline (Treated Water) and the proposed (now existing)
untreated water transmission main would no longer be considered
as surplus water under the terms of Section 15 of the contract
between the Lower Nueces River Water Supply District and Corpus
Christi. Should there he a shortage in the basic supply of
water, as determined by Corpus Christi, which requires the
restricting or curtailing of any customer of water within Corpus
Christi, San Patricio hereby contracts that, coincident with such
restriction or limitation within Corpus Christi, San Patricio
will limit and restrict all of its customers to the same extent.
SECTION B - Relative Priority of Industrial Users
- It is understood by the parties hereto that industries outside
of Corpus Christi and/or District have a lower water use priority
than industries inside Corpus Christi and/or District. It is
agreed that any and all industrial users both inside and outside
of San Patricio which may be directly or indirectly supplied
through the lines and distribution system of San Patricio shall
be subject to and bound by the same provisions regarding priority
of users of water as are industrial users outside of Corpus
Christi and/or District which are now or may become users of
water directly from Corpus Christi and that all existing
industrial customers of Corpus Christi have priority over
existing and future industrial customers of San Patricio. It is
mutually agreed that the requirements of this section shall cease
to be of any effect following expiration of the current contract
between Corpus Christi and the Lower Nueces River Water Supply
District, and that Section 7, Priorities, shall govern from that
date to the termination of this contract.
SECTION 9 Payments - Corpus Christi shall monthly
submit a statement to San Patricio indicating the quantity of
water withdrawn by and sold to San Patricio during the preceding
meter reading cycle. San Patricio shall render payments within
15 days of receipt of said statement. Any clerical error or
minor question regarding said statement will not be sufficient
grounds to delay payment by San Patricio to Corpus Christi. Any
such questions shall be promptly 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
he added to or deducted from the following month's bill.
___SECTION 10 Term of Contract - The obligations of the
parties hereto shall be binding and shall continue in effect for
the delivery and taking of treated water hereunder until June 1,
1993.
SECTION 11 Default - It is covenanted and agreed
that if either party to this 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 party
hereto may at its option terminate this Contract by proceeding as
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
continue in full force and effect. In
case the party in default does not
or causes or does not indemnify the
Contract shall become null and void
so remedy or remove the cause
party giving the notice, this
from and after the expiration
of said period. Any cancellation of this Contract pursuant to
the provisions of this Article 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 cancellation 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 the Contract shall operate
or be construed as a waiver of any future default or defaults,
whether of a like or of a different character.
SECTION 12 Right to Terminate Contract - This
Contract shall not be terminable by either party except by mutual
agreement.
SECTION 13 Force Majeure - If Corpus Christi or
San Patricio should be prevented, wholly or in part, from
fulfilling its obligations under this Contract by reason of any
act of God, 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 Corpus
Christi to deliver water to San Patricia, and San Patricio to
take water from Corpus Christi as hereinabove provided, shall be
temporarily suspended during continuation of such force majeure.
No damage shall be recoverable by either party from the other by
reason of the temporary suspension of deliveries of water due to
any of the causes above mentioned. If either party's obligation
should be affected by any such causes, that party shall promptly
notify the other in writing, giving full particulars of such
force majeure as soon as possible after the occurance of the
cause or causes relied upon.
SECTION 14 Assignability - This Contract may be
assigned by San Patricio only with the written prior consent of
the governing body of Corpus Christi, but if assigned, this
Contract shall be binding upon parties hereto as well as their
successors and assigns. San Patricio hereby agrees that should
District be in any way consolidated with or absorbed by Corpus
Christi that Corpus Christi will be substituted in this Contract
in lieu of District wherever such word appears.
SECTION 15 Renewal of Contract - The parties
recognize the fact that most of the Facilities of San Patricio
should have a useful life in excess of the term of this Contract.
Accordingly, upon request of either party, an extension of the
provisions of this Agreement will be the subject of negotiation
between the parties and extended upon such terms as are agreed
upon by the parties at that time, provided such request for
negotiation is communicated in writing at least two (2) years
prior to the termination of this Agreement.
SECTION 16 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 approval thereof by the governing body
of the District shall likewise have been given through an
appropriate resolution, certified copies of which shall have been
given to the parties to the contract.
SECTION 17 All Agreements Contained in This
Written Instrument - It is agreed 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.
WITNESS WHEREOF, the Parties hereto have caused this
instrument to be executed in several counterparts, each copy of
which so executed shall be considered as an original, by their
respective duly authorized representatives. this the
day of , 19
ATTEST: CITY Or CORPUS CHRISTI, TEXAS
APPROVED:
By
Day of , 1982
J. Bruce Aycock, City Attorney
By
Edward A. Martin, City Manager
James K..Lontos, Assistant City Manager
Director of Public Utilities
ATTEST: SAN PATRICIO MUNICIPAL WATER DISTRICT
_ By
Secretary, Board of Directors President, Board of Directors
ATTEST: LOWER NUECES RIVER WATER SUPPLY
DISTRICT
By
Secretary
ATTACHMEMJ
REQUIREMENTS FOR REVIEW AND APPROVAL
FOR WATER SYSTEMS CONNECTED TO
S.P.M.W.D. WATER TRANSMISSION SYSTEM
1. General: - These requirements are adopted to give guidance to
prospective water customers of the District who wish to receive
permission to connect to the District's water transmission system
and become a water customer of the District. They have been
reviewed by and incorporated into a water purchase agreement with
the City of Corpus Christi, and are intended to provide for the
safe and adequate development of treated water distribution
systems in the San Patricio County area served by the District.
Requests for exceptions to these requirements must be reviewed by
the District Manager and approved by the Board of Directors and
the City of Corpus Christi.
2 Connections to District Transmission System - No connection to
the District's transmission facilities will be made to serve
individual residences. Prospective customers must be Districts
or non-profit corporations organized for the purpose of
purchasing water from a supply source and selling water to
individual users and enabled to properly manage the proposed
water distribution system on a continuing basis for the benefit
and protection of the final consumer. Wherever an area can be
served by extension of an existing water distribution system this
will be encouraged. If such service is not possible, a request
-1-
for service directly from the District will be received. A
pre -planning conference with District staff is required to
explore the feasibility of any proposed water system connection.
The District's basic interests of maintaining adequate water
service to its customers, protecting water quality, and assisting
in the proper planning and development of land in its service
area will be addressed at this conference. Following this
conference, the Board of Directors of the District will determine
the feasibility of the proposed service and notify the party
proposing the connection. If the Board of Directors makes a
favorable finding regarding feasibility, a contract delineating
the terms of the proposed water service will be negotiated. No
request for connection to an area within an existing city limit
will be received, and no request for connection to an area within
the ETJ of any city will be received unless requested or approved
by that city. Two types of service are recognized, and requests
may be made for either type. Type A Service is for rural users,
and is limited to proposals for individual service to tracts of
land of ten (10) acres or larger. Type B Service is for
Districts or non-profit corporations serving "subdivision -type"
users, and is limited to proposals for individual service to
tracts of land larger than 20,000 sq. ft. and smaller than ten
acres.
3. Other Approvals or Ag jeents Regujie0 - Following receipt of a
favorable determination of feasibility by the Board of Directors of
the District, the party requesting approval for connection shall
-2-
satisfy the District that the following approvals or agreements have
been obtained:
a. Texas Department of Health approval of the proposed
distribution system.
b. San Patricio County approval, relating to platting, road
crossings, health concerns, and other items.
c. Texas Department of Highways and Public Transportation
approval of any highway crossings.
d. Railroad approval of any railroad crossings.
4. Basic Connection Details - All connections shall incorporate
the following:
a. _A _physical air gap between the transmission line and the
customer's facilities.
b. A meter as specified by the District, to be set, owned and
maintained by the District and located at the District
transmission line.
c. Ground storage of an amount equal to the projected daily
maximum demand of the connected system at a date 5 years from
the date of connection.
d. All other items as required for approval of the connected
system by the Texas Department of Health and San Patricio
County.
d. Provision for adequate operation and maintenance of the
water system, including organizational requirements and
identified responsibility.
-3-
5. Fire Protection - For all development, the provision of
fire protection is encouraged. Such provision would include
written agreement with an existing municipality or private or
volunteer fire -fighting organization acceptable to the
District, and placing of fire hydrants as required by Section
9. If such provision is not possible, Type A or B service
will be allowed provided that restrictions are placed in both
the deeds and on the recorded plat prohibiting resubdivision
to a smaller lot size as long as no fire protection system
exists. For Type A service, the system may be sized to meet
all non -fire uses. For Type B service, the system must be
sized to include fire flow requirements, and all portions of
the water system shall be constructed in accordance with these
requirements except that placing of fire hydrants and
connected valves may be deferred. Location of tees in mains
shall be as required for future hydrant location. There shall
be a draft connection located at the ground water storage tank
for refilling truck -mounted water tanks.
6. Main Sizing - Main sizing will be governed by the proposed
layout of the area and by the requirement for fire hydrant
spacing. The following rules will apply:
a. Mains for Type A Service, (rural users with minimum tract
size 10 acres) shall be sized to meet the system need,
respecting State Health Department minimum requirements.
b. Mains for Type B Service shall be sized to meet fire flow
-4-
requirements, and shall be 6" minimum size.
c. 6" mains shall be no longer than 1200 feet when supported
at each end by 8" mains or larger. Deadend 6" mains shall be
no longer than 500 feet.
d. 8" mains are required for all lines over 1200 feet in
length.
e. The size of the main supply line to an area shall be
determined based on the future fire flow requirements of the
area.
7. Location - Water mains shall be located in such a manner that
access for future maintenance is assured. Easements a minimum of
10 feet wide are required for platted tracts, whether or not a
publid agency is to maintain the system. When a water main is
placed parallel to another utility line and at or near the same
grade, it shall have a minimum of 7' horizontal separation, (9'
wall to wall when the other utility is a sanitary sewer). A
minimum of 6" vertical clearance between intersecting lines is
required. When the intersecting line is a sanitary sewer, joints
in the sewer line must be pressure type within 10 feet of the
water main.
For newly platted areas, when the water main is located less than
4' from a street right-of-way line, an additional 5' of easement
shall be provided. All service meters shall be set in public
right-of-way or in designated easements.
8. Depth of Cover. - Depth of cover of water lines shall be 36"
minimum from natural ground in easements or from average flow
-5-
line of ditch in road rights-of-way. Additional cover shall be
allowed for road crossings or other special conditions as
required.
9 pipe - All pipe materials shall be AWWA Specification.
Asbestos cement, PVC, or ductile iron are approved. Pipe shall
be adequate for 150 psi working pressure. Asbestos cement pipe
may be used in 6" or larger sizes. All ductile iron pipe shall
be loose wrapped,in 6 mil black polyethylene. Pipe shall be
carefully laid using granular bedding material and properly
backfilled.
10 Valves - The maximum distance between valves shall be 1000
feet. At line intersections there shall be one less valve than
the number of lines leading away from the intersection (two
valves at a tee, three valves at a cross). Valves shall be AWWA
Specification gate valves and shall be installed complete with
valve box and cover.
11. Fire hydrants - Fire hydrants shall be spaced such that all
residential lots are within 500 feet of a hydrant, and shall be
set on a 6" line or larger. Hydrants shall be AWWA Specification
and shall have hose and steamer connections of the pattern to be
used by the fire fighting authority. Location shall be as
required by the County. Where fire hydrants are not initially
set, 2" flushing valves and lines shall be installed at 1000 foot
intervals. These lines terminate in a hose connection encased in
an appropriately sized box.
12. Fittings - Fittings shall be ductile iron, all -bell or
mechanical joint, and shall be properly restrained. All plugs
-6-
shall be furnished with restraining clamp.
13. Steel Pipe Special Sections - Steel pipe may be used for
ditch crossings and other special installations. 'It shall be
welded pipe and shall be adequately protected against corrosion.
It shall be electrically insulated from other conducting pipe
materials.
14. Nigh Density Residential or High Risk Comm mal Development
- The following special considerations apply:
a. Fire protection must be furnished. Plans for water system,
including fire hydrant locations and specifications, must be
approved by the fire fighting authority.
b. Fire hydrant spacing shall not exceed 350 feet. Fire
hydrant leads shall be no longer than 50 feet. Hydrant
locations shall be in protected areas, and shall be
continuously accessible to pumper trucks.
c. Minimum line size is 6". Sizing of system shall be based
on required fire flows.
d. Easement width and building line placement shall assure
that no building is constructed within 10 feet of the
centerline of a proposed water line.
e. All meters shall be set within public right-of-way.
15. General Layout aud_aystem Cj l ation - The overall layout of
the system should be to provide a maximum degree of circulation
of water to prevent future problems with taste, odor, color, or
loss of chlorine residual due to stagnation. Multiple points of
-7-
feed to the system are preferable. Fire hydrants and flushing
valves should be so located that all portions of the system may
be periodically flushed. Where dead-end lines are unavoidable,
they shall be valved at the main line and furnished with a
flushing valve at the end of the line.
Consideration should be given to providing for future extensions
of the system.
16. Interconnections - Interconnection with any other water
system is prohibited, unless specific variance is given by the
District. No interconnection shall be made with any system fed
by a water well.
-8-
4
THE STATE OF TEXAS §
COUNTY OF NUECES §
UNTREATED WATER CONTRACT BETWEEN
SAN PATRICIO MUNICIPAL WATER DISTRICT
AND
THE CITY OF CORPUS CHRISTI
WHEREAS, the City of Corpus Christi (hereinafter called "Corpus
Christi'"), by virtue of a contract executed on August 10, 1955, between the
Lower Nueces River Water Supply District (hereinafter called "District") and
Corpus Christi, is the sole purchaser of untreated water from the District;
and
WHEREAS, said contract between Corpus Christi and District was
authorized by the voters of the City of Corpus Christi on December 13, 1952,
for a period of 30 years; and
WHEREAS, said contract grants to Corpus Christi complete and
exclusive rights to all water impounded by the reservoir during the life of
said contract and 'obligates Corpus Christi to provide all inhabitants of
District with water service upon a basis of equality and uniformity without
discrimination in accordance with Corpus Christi's rate schedules and
requirements applicable to the various classifications of service, including
such requirements as the City may prescribe for subdivisions and new
consumers (Section 10); and
WHEREAS, said contract provides in Section 11 thereof that Corpus
Christi shall compensate District in the amount of:
First 14,000,000,000 gallons - $480,000
From 14,000,000,001 gallons to 25,000,000,000 gallons at 3-1/4¢ per
1000 gallons
From 25,000,000,001 gallons to 30,000,000,000 gallons at 3¢ per
1000 gallons
From 30,000,000,001 gallons to 35,000,000,000 gallons at 2¢ per
1000 gallons
All over 35,000,000,000 gallons at 1-1/2¢ per 1000 gallons
WHEREAS, said contract (Section 14) specifies that Corpus Christi
shall retain ownership of the water permits heretofore issued to it by the
Board of Water Engineers of the State of Texas; and
WHEREAS, Section 15 of said contract states:
"The District agrees that so long as this contract shall
be in force, it will not enter into any other contract to
supply water out of the reservoir project herein
contemplated. The City agrees that surplus water will be
made available by it under appropriate contract with
municipalities and other consumers located outside the
District and with agricultural users for irrigation
purposes either within or without the District. It is
provided, however, that prior to entering into such
contract the City shall first have the approval of the
District. With regard to surplus water sold to
municipalities and other consumers outside the District,
it is agreed that the City shall compensate the District
therefor under the provisions of Section 11 hereof, but
that as regards any surplus water sold for irrigation
purposes, it is agreed that the compensation received
therefrom by the City shall be divided between the City
and the District under arrangements arrived at when the
contract therefor is presented to the District for its
approval, and that any and all amounts to be received by
the District under such arrangements for irrigation
purposes shall be in addition to those amounts to which
it shall be entitled, and the water so taken shall not be
construed as water received by the City, under the
provisions of Section 11 hereof. As used in this
section, the term "surplus water" shall be construed to
mean water not necessary to meet the requirements of
consumers within the District, other than irrigation
users, or to fulfill the City's contracts in existence at
the time of the execution of this agreement, and
contracts subsequently executed under the provisions
hereof; and
WHEREAS, the San Patricio Municipal Water District (hereinafter
called San Patricio), a conservation district and political subdivision of
the State of Texas, duly created in June; 1951, by the Legislature of the
State of Texas, has determined that it desires to obtain water from the
Nueces River to serve its present and future customers; and
WHEREAS, Corpus Christi has determined that sufficient water is
available in the Nueces River and can be impounded in the existing storage
facilities at Lake Corpus Christi and Choke Canyon Reservoir so as to serve
the existing customers of Corpus Christi, meet the obligations of the
existing, contracts of Corpus Christi, and provide the anticipated
requirements of San Patricio; and
WHEREAS, pursuant to an election held in Corpus Christi on the 25th
day of May, 1963, whereby the voters authorized a contract for the sale of
treated and untreated water to San Patricio for a term of 30 years, Corpus
Christi has sold water to San Patricio under the terms and conditions of said
contract and by which both parties have performed their obligations in a
mutually satisfactory manner; and
WHEREAS, due to changes in conditions and circumstances of the
parties, it is the desire of the parties to amend said contract to provide
for the sale and purchase of treated and untreated water by separate
2
agreements, it being the intent of the parties that each of such contracts
shall supersede and be substituted for the existing contract of May 27, 1963;
and
WHEREAS, simultaneously with the execution of this contract, Corpus
Christi and San Patricio will enter into a similar agreement by which Corpus
Christi will sell treated water to San Patricia;
NOW, THEREFORE, acting by and through the respective duly
authorized officers on this day, Corpus Christi and San Patricio hereby
contract in the following matters,
WITNESSETH:
In consideration of the premises and the sum of ten dollars
($10.00) cash in hand paid to Corpus Christi by San Patricio, the benefits
arising to both Corpus Christi and San Patricio through the sale of untreated
water and the mutual covenants and agreements of the parties herein
contained, it is agreed as follows:
SECTION 1. Construction of facilities - It is hereby acknowledged
that, _in_accordance with the 1963 contract, San Patricio has constructed a
diversion works, pumps, pipeline, treatment plants, and terminal storage
reservoir, (hereinafter called "facilities") and arranged to take untreated
water from the Nueces River. The facilities were built in accordance with
plans and specifications prepared by San Patricio and acceptable to Corpus
Christi. In the event the needs of San Patricia require expansion of
existing facilities or the addition of new facilities, plans and
specifications for each expanded facility or new facility shall be submitted
for approval by Corpus Christi before the start of construction of that
particular facility. Approval by Corpus Christi shall relate solely to those
matters which might affect the potential rate and quantity of taking, land
owned by Corpus Christi, reservoir pollution, or the dependability and safety
of the Corpus Christi water supply.
SECTION 2. Point of Diversion - The point of diversion shall be
from a single location on the banks of the Nueces River upstream and within
500 feet of the Calallen channel diversion dam and reservoir. An increase or
decrease in the rate of taking by San Patricio, may be made only upon
notification to and with the approval of an authorized representative of
Corpus Christi. San Patricio shall provide and cause to be installed a
3
rate-of-flow indicator and recorder at the Cunningham Filtration Plant which
shall receive its signal from San Patricio's untreated water pumping station.
SECTION 3. Right-of-way and Easements - Corpus Christi shall
assign unto San Patricio any additional necessary easements and
rights-of-way, as well as rights of ingress and egress of, along, and across
all lands over which Corpus Christi now has ownership or easement. Such
easements and rights-of-way shall be assigned to San Patricio, without cost,
for the additional construction and/or expansion, operation, and maintenance
of the Facilities.
SECTION 4. Relocation - If Corpus Christi determined that it is
necessary to adjust or relocate any or all of the facilities constructed by
San Patricio in order to repair, alter or reconstruct the Calallen channel
diversion dam, San Patricio shall bear the full cost of such adjustments or
relocations. Corpus Christi will give due and careful consideration to the
location of San Patricio's facilities and will, within the limits of sound
engineering and ultimate total project cost to all agencies, minimize the
required relocation of the facilities of San Patricio.
SECTION 5. Maintenance - Untreated facilities constructed by San
Patricio shall be maintained and operated by or on behalf of San Patricio,
subject to provisions herein contained and any future maintenance or
operational contract which might be entered into by San Patricio and Corpus
Christi. Corpus Christi shall have the right to require San Patricio to
maintain its facilities on Corpus Christi or District property or easements
in a manner comparable to the level of maintenance at similar Corpus Christi
facilities. Corpus Christi shall have the right to require the District to
maintain its facilities in the Nueces River so that no flood damage will
result to the diversion dam, the diversion reservoir, Corpus Christi property
or private property because of San Patricio's facilities. If such damage
should occur as a result of the construction, operation, or maintenance of
the San Patricio facilities, including the diversion works, then San Patricio
shall be liable for restoring such damage.
SECTION 6. Indemnity - San Patricio will indemnify Corpus Christi
from any liability which might accrue because of facilities constructed by
San Patricio on land or right-of-way owned by Corpus Christi or District and
San Patricio assumes all responsibility for adequately maintaining and
4
safeguarding said facilities. This provision is for the protection of Corpus
Christi, San Patricio and District and is not for the benefit of third
parties.
SECTION 7. Quantity - Corpus Christi agrees to sell, subject to
the conditions hereinafter set forth, such untreated water as San Patricio
might require during the first twelve month period immediately following the
last day of the month in which water is first taken by San Patricio for
industrial use. In subsequent years Corpus Christi agrees to sell:
(A) The amount of water taken by San Patricio in the previous
twelve month period plus ten percent, or
(B) The average quantity of water taken by San Patricio in the
previous three years plus ten percent, whichever is greater.
Corpus Christi also agrees to sell whatever quantity of water San Patricio
requires in excess of the above mentioned amounts, if, in the opinion of
Corpus Christi, such water is available and can be sold to San Patricio
without endangering the water supply of Corpus Christi or of holders of prior
contracts. The amount of untreated water to be taken shall not exceed 26
million gallons per day without prior written approval of the City Council of
Corpus Christi.
SECTION 8. ' Measurement of Water - Measurement of water will be in
U.S. Standard Gallons and will be determined by a meter or meters of standard
manufacture owned and installed by Corpus Christi at the Cunningham Treatment
Plant. Checks as to the accuracy of the meter or meters used to determine
consumption by San Patricio shall be made annually by Corpus Christi or a
third party designated by Corpus Christi. Corpus Christi shall notify San
Patricio in writing ten (10) days in advance of all annual checks so that San
Patricio may have a representative present. Expenses of the annual tests
will be borne by Corpus Christi. If San Patricio at any time shall request a
special test of any meter, the parties shall cooperate to secure an immediate
determination of the accuracy thereof and shall make joint observations of
any adjustments. If, as a result of such test, any meter tested is found to
be less than 2% high or low, the cost of such test will be borne by San
Patricio, otherwise, by Corpus Christi, but such meter shall be at once
adjusted to record as accurately as possible. If on any test the meter
tested shall be found to be inaccurate by an amount exceeding 2%, then any
5
previous readings of such meter shall be 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 thirty
(30) 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 hereunder cannot be ascertained
or computed from meter readings thereof, the water delivered during the
period such meter or meters are out of service shall be estimated and agreed
upon by the parties hereto upon the basis of the best data available.
SECTION 9. Price - The price to be charged for untreated water
sold by Corpus Christi to San Patricio will be whichever of the two following
prices is the lower:
(A) The regular established untreated or raw water rates for
customers of Corpus Christi of similar classification,
location, and demand requirements, other than irrigation water
consumers, outside of the District and/or Corpus Christi, as
currently established or subsequently adjusted; or
(B) The "composite cost of untreated water" as defined in Section
10 hereof.
SECTION 10. Composite Cost of Untreated Water - The composite cost
of untreated water will be calculated as of each anniversary date of this
contract or June 1 of each calendar year, whichever date occurs first in the
calendar year, and will be applicable at the beginning of the first billing
cycle after the calculation date. However, recognizing that the contract
between Corpus Christi and the Lower Nueces River Water Supply District will
terminate on or before the 10th day of August, 1985, an alternate composite
cost of untreated water is hereby established to be effective from and after
the date of the termination of said contract.
1. The components of the composite cost of untreated water are:
(A) Average price paid by Corpus Christi to District. This amount
is to be determined by dividing the total payment by Corpus
Christi for the last completed contract year between Corpus
Christi and District by the total quantity of water purchased
6
during that contract year, all as set forth in the annual
final bill by the District to Corpus Christi; plus
(B) An amount equivalent to Tax Subsidy, if any, provided by the
property owners of the District which is hereby defined to be
based on the most recently completed calendar year, as
reported by the annual audit thereof, and to include the total
cash expenditures of all District funds, including debt
interest and principal retirement and excluding the bond
construction fund by whatever name it might be called, less
revenue received from:
(1) Sales of water to Corpus Christi during the same calendar
year,
(2) The net income from oil field activities, and
(3) Land rentals and miscellaneous non -tax related income.
For this purpose all interest income of any nature whatsoever
will be considered to 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 preceding 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 reconstructed Facilities to be
constructed subsequent to the date of this contract, such
expenditures to be accounted for as set forth in Section 21
below; plus
(C) Actual costs incurred by Corpus Christi for the maintenance
and operation of Wesley E. Seale Dam and Lake Corpus Christi
divided by the total quantity of untreated water purchased by
Corpus Christi from the District during the 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 seventy-five
7
percent (75%) for administration, insurance, capital outlay
replacement and other overhead factors.
2. The rate for the alternate composite cost of untreated water shall
be calculated on the 1st day of January of each year and shall be calculated
on the basis of the City's previous fiscal year and the total water
withdrawn. The components for the alternative composite cost of untreated
water are as follows:
(A) Wesley Seale Cost: all budgeted costs (city fiscal year)
emergency costs, debt service and capital expenditures;
(B) Choke Canyon Costs: all budgeted costs (city fiscal year),
emergency expenditures, debt service and capital expenditures;
(C) Water Supply Development or Protection: consultants' studies
or reports, investigations, legal fees and court costs and any
other costs related to the development or protection of the
water supply;
(D) Future supply facilities, including tax subsidy, if any;
(E) Administration costs: 25 percent of the costs of operational
expenses of the offices of Director of Utilities and Water
Superintendent and general city administration costs allocated
to the Water Division (annual budgeted expenditures);
(F) The total of all of the above costs shall be credited with any
income from rental or lease operations of the supply
facilities and the net shall be divided by the total supply
system withdrawals; and
(G) The total alternate composite cost of untreated water shall be
the sum of all cost elements (A) through (F) above, plus an
additional element of ten percent (10%) of the total of all
other composite cost elements, or not less than $0.01 per
thousand gallons of water supply system withdrawals by all
users. Such additional cost elements, if recognized by all
users of water, shall be deposited by Corpus Christi) by San
Patricio and by all other users of water into an escrow fund
for use in maintenance and repair of existing facilities or
construction of future facilities. Interest accrued on such
fund shall be deposited into the escrow fund. Such escrow
8
fund shall be designated as the Water Supply System Escrow
Fund and shall be administered by Corpus Christi. Such
additional cost element shall be paid by San Patricio if paid
by all other water users of the system.
SECTION 11. Restrictions on Resale - Except as to cities, towns
and villages, it is distinctly understood and agreed that without prior
written consent of Corpus Christi, San Patricio shall not deliver or sell
untreated water obtained under this contract to any other persons, firms or
corporations except such persons, firms or corporations which are bona fide
customers of the water distribution system of San Patricio and who do not
resell such untreated water, and San Patricio agrees to bind all of its
customers to the effect that the stipulation contained in this contract, not
to resell untreated water, shall be binding upon each of said customers.
Except as to cities, towns and villages, this section expressly forbids the
resale of untreated water by a customer of San Patricio to any consumer
without the written consent to such resale by Corpus Christi. As to
untreated. water purchased under this contract and treated by San Patricio,
San Patricio agrees that it will not sell such water to future customers
unless they comply with 'Requirements for Review and Approval for Water
Systems Connected to San Patricio Municipal Water District Transmission
System', Attachment 'A' to this contract.
GENERAL PROVISIONS
SECTION 12. Water Rights - It is mutually agreed and understood
that Corpus Christi shall have complete and exclusive rights to all water
impounded by the Corpus Christi reservoirs (now Lake Corpus Christi, Choke
Canyon Reservoir and Calallen Diversion Dam and Reservoir) during the time
this contract shall remain in force. Corpus Christi binds and obligates
itself, however, to take the necessary actions within its power and to make
the necessary applications to obtain whatever additional water rights as
might be necessary to adequately meet the needs of its existing contracts,
this contract with San Patricio, and any future contractual obligations of
Corpus Christi. It is also mutually agreed and understood that this contract
is subject to Corpus Christi obtaining the necessary permission from the
Texas Water Commission or other regulatory body having authority over such
matters to sell water to San Patricio and San Patricio agrees to support any
9
future Corpus Christi request to the Texas Water Commission for said permit
or for any other water rights on the Nueces River. Should it develop that
San Patricio requires a permit to divert and transport the water sold to San
Patricio by Corpus Christi hereunder, Corpus Christi agrees to support the
application by San Patricio to the Texas Water Commission for such a permit.
The rights of San Patricio to take water under this contract are specifically
subject to all the provisions of the permits from the State Board of Water
Engineers and/or the Texas Water Commission under which Corpus Christi is
authorized to use water from the Nueces River. Untreated water agreed to be
delivered hereunder shall be for industrial and municipal use only.
SECTION 13. Corpus Christi Right to Sell - Corpus Christi retains
the right to sell untreated water at points and to customers that are located
either within or outside of the boundaries of San Patricio.
SECTION 14. Priorities - Upon execution of this contract, and
approval by District, San Patricio will continue as a contract customer of
Corpus Christi. Should there be a shortage in the basic supply of water, as
determined by Corpus Christi, which requires the restricting or curtailing of
any water customer within Corpus Christi, San Patricio hereby contracts that,
coincident with such restriction or limitation within Corpus Christi, San
Patricio will limit and restrict all of its customers to the same extent.
SECTION 15. Relative Priority of Industrial Users - It is
understood by the parties hereto that industries outside of Corpus Christi
and/or District have a lower water use priority than industries inside Corpus
Christi and/or District. It is agreed that any and all industrial users both
inside and outside of San Patricio which may be directly or indirectly
supplied through the lines and distribution system of San Patricio shall be
subject to and bound by the same provisions regarding priority of users of
water as are industrial users outside of Corpus Christi and/or District which
are now or may become users of water directly from Corpus Christi and that
all existing industrial customers of Corpus Christi have priority over
existing and future industrial customers of San Patricio. This entire
Section (15) shall terminate and be of no further force or effect'upon
retirement of the outstanding debt of the District in existence as of the
effective date of this agreement.
10
SECTION 16. Future Water Supply - San Patricio agrees to cooperate
with Corpus Christi in investigating the need for, methods to obtain, and the
most advantageous construction timetable for enlarged water supply
facilities. If Corpus Christi determines that it is necessary in order to
accomplish such purpose to construct or reconstruct channel or reservoir
facilities, then in such event, San Patricio agrees to be bound to assume
such additional cost factor in accordance with Sections 9 and 10 above.
SECTION 17. Payments - Corpus Christi shall monthly submit a
statement to San Patricio indicating the quantity of water withdrawn by and
sold to San Patricio during the preceding meter reading cycle. San Patricio
shall render payments within 15 days of receipt of said statement. Any
clerical error or minor question regarding said statement will not be
sufficient grounds to delay payment by San Patricio to Corpus Christi. Any
such questions shall be promptly 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.
SECTION 18. Fixed Minimum Obligation - San Patricio is obligated
and hereby agrees to purchase all of its water from Corpus Christi, except
untreated water obtained from existing and future wells within the boundaries
of those counties in which San Patricia has jurisdiction, or supplemental
surface water which might be available at a future date from a watershed
other than the Nueces River; provided however, that in the event San Patricio
desires to purchase untreated water from other watershed sources during the
remaining debt term of the Choke Canyon Reservoir, that San Patricio obtain
written approval thereof from Corpus Christi.
SECTION 19. Term of Contract - When this contract shall have been
approved by the parties hereto, the obligations of the parties hereto shall
be binding and shall continue in effect for the delivery and taking of
untreated water hereunder in perpetuity.
SECTION 20. Default - It is covenanted and agreed that if either
party to this 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 party hereto may at its option terminate this contract
by proceeding as follows: The party not in default shall cause a written
11
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 continue
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 this article
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 cancellation
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 a like or of a different character.
SECTION 21. Right to Terminate Contract - Except as set forth in
Section 16, this contract shall not be terminable by either party except by
mutual agreement.
SECTION 22. Force Majeure - If Corpus Christi or San Patricio
should be prevented, wholly or in part, from fulfilling its obligations under
this contract by reason of any act of God, 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 Corpus Christi to deliver water
to San Patricio, and San Patricio to take water from Corpus Christi, as
hereinabove provided, shall be temporarily suspended during continuation of
such force majeure. No damage shall be recoverable by either party from the
12
ATTEST: SAN PATRICIO MUNICIPAL WATER DISTRICT
By
Secretary President
ATTEST:
APPROVED BY: LOWER NUECES RIVER
WATER SUPPLY DISTRICT
By
Secretary President
APPROVED AS TO LEGAL FORM THIS THE
DAY OF , 198
Attorney for Lower Nueces River
Water Supply District
14
ATTACHMENT Al
REQUIREMENTS FOR REVIEW AND APPROVAL
FOR WATER SYSTEMS CONNECTED TO
S.P.M.W.D, WATER TRANSMISSION SYSTEM
1. General: - These requirements are adopted to give guidance to
prospective water customers of the District who wish to receive
permission to connect to the District's water transmission system
and become a water customer 'Of the District. They have been
reviewed by and incorporated into a water purchase agreement with
the City of Corpus Christi, and are intended to provide for the
safe and adequate development of treated water distribution
systems_in.the San Patricio County area served by the District.
Requests for exceptions to these requirements must be reviewed by
the District Manager and approved by the Board of Directors and
the City of Corpus Christi.
2. Connections to District Transmission System - No connection to
the District's transmission facilities will be made to serve
individual residences. Prospective customers must be Districts
or non-profit corporations organized for the purpose of
purchasing water from a supply source and selling water to
individual users and enabled to properly manage the proposed
water distribution system on a continuing basis for the benefit
and protection of the Lilal consumer, Wherever an area can be
served by extension of an existing water distribution system this
will be encouraged. If such service is not possible, a request
-1-
for service directly from the District will be received. A
pre -planning conference with District staff is required to
explore the feasibility of any proposed water system connection.
The District's basic interests of maintaining adequate water
service to its customers, protecting water quality, and assisting
in the proper planning and development of land in its service
area will be addressed at this conference. Following this
conference, the Board of Directors of the District will determine
the feasibility of the proposed service and notify the party
proposing the connection. If the Board of Directors makes a
favorable finding regarding feasibility, a contract delineating
the terms of the proposed water service will be negotiated. No
request for connection to an area within an existing city limit
will be_received, and no request for connection to an area within
the ETJ of any city will be received unless requested or approved
by that city. Two types of service are recognized, and requests
may be made for either type. Type A Service is for rural users,
and is limited to proposals for individual service to tracts of
land of ten (10) acres or larger. Type B Service is for
Districts or non-profit corporations serving "subdivision -type"
users, and is limited to proposals for individual service to
tracts of land urger than 20,000 sq. ft. and smaller than ten
acres.
3. Other Approvals or ASIEDements 12equire4 - Following receipt of a
favorable determination of feasibility by the Board of Directors of
the District, the party requesting approval for connection shall
-2-
satisfy the District that the following approvals or agreements have
been obtained:
a. Texas Department of Health approval of the proposed
distribution system.
b. San Patricio County approval, relating to platting, road
crossings, health concerns, and other items,
c. Texas Department of Highways and Public Transportation
approval of any highway crossings.
d. Railroad approval of any railroad crossings.
4. Basic Connecti,on_D aims - All connections shall incorporate
the following:
a. A===physical air gap between the transmission line and the
customer's facilities.
b. A meter as specified by the District, to be set, owned and
maintained by the District and located at the District
transmission line.
c. Ground storage of an amount equal to the projected daily
maximum demand of the connected system at a date 5 years from
the date of connection.
d. All other items as required for approval of the connected
system by the Texas Department of Health and San Patricio
County.
d. Provision for adequate operation and maintenance of the
water system, including organizational requirements and
identified responsibility.
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5. Fire Protection - For all development, the provision of
fire protection is encouraged. Such provision would include
written agreement with an existing municipality or private or
volunteer fire -fighting organization acceptable to the
District, and placing of fire hydrants as required by Section
9. If such provision is not possible, Type A or B service
will be allowed provided that restrictions are placed in both
the deeds and on the recorded plat prohibiting resubdivision
to a smaller lot size as long as no fire protection system
exists. For Type A service, the'system may be sized to meet
all non -fire uses. For Type B service, the system must be
sized to include fire flow requirements, and all portions of
the water system shall be constructed in accordance with these
requirements except that placing of fire hydrants and
connected valves may be deferred. Location of tees in mains
shall be as required for future hydrant location. There shall
be a draft connection located at the ground water storage tank
for refilling truck -mounted water tanks.
6. Main Sizing - main sizing will be governed by the proposed
layout of the area and by the requirement for fire hydrant
spacing. The following rules will apply:
a. Mains for Type A Service, (rural users with minimum tract
size 10 acres) shall be sized to meet the system need,
respecting State Health Department minimum requirements.
b. Mains for Type B Service shall be sized to meet fire flow
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requirements, and shall be 6" minimum size.
c. 6" mains shall be no longer than 1200 feet when supported
at each end by 8" mains or larger. Deadend 6" mains shall be
no longer than 500 feet,
d. 8" mains are required for all lines over 1200 feet in
length.
e. The size of the main supply line to an area shall be
determined based on the future fire. flow requirements of the
area.
7. Location - Water mains shall be located in such a manner that
access for future maintenance is assured. Easements a minimum of
10 feet wide are required for platted tracts, whether or not a
public 'agency is to maintain the system. When a water main is
placed parallel to another utility line and at or near the same
grade, it shall have a minimum of 7' horizontal separation, (9'
wall to wall when the other utility is a sanitary sewer). A
minimum of 6" vertical clearance between intersecting lines is
required. When the intersecting line is a sanitary sewer, joints
in the sewer line must be pressure type within 10 feet of the
water main.
For newly platted areas, when the water main is located less than
4' from a street right-of-way line, an additional 5' of easement
shall be provided. All service meters shall be set in public
right-of-way or in designated easements.
8. Depth of Cover - Depth of cover of water lines shall be 36"
minimum from natural ground in easements or from average flow
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line of ditch in road rights-of-way. Additional cover shall be
allowed for road crossings or other special conditions as
required.
9. Pipe - All pipe materials shall be AWWA Specification.
Asbestos cement, PVC, or ductile iron are approved. Pipe shall
be adequate for 150 psi working pressure. Asbestos cement pipe
may be used in 6" or larger sizes. All ductile iron pipe shall
be loose wrapped,in 6 mil black polyethylene. Pipe shall be
carefully laid using granular bedding material and properly
backfilled.
10. valves - The maximum distance between valves shall be 1000
feet. At line intersections there shall be one less valve than
the number of lines leading away from the intersection (two
valves_at a tee, three valves at a cross). Valves shall be AWWA
Specification gate valves and shall be installed complete with
valve box and cover.
11. Fire Hydrants - Fire hydrants shall be spaced such that all
residential lots are within 500 feet of a hydrant, and shall be
set on a 6" line or larger. Hydrants shall be AWWA Specification
and shall have hose and steamer connections of the pattern to be
used by the fire fighting authority. Location shall be as
required by the County. Where fire hydrants are not initially
set, 2" flushing valves and lines shall be installed at 1000 foot
intervals. These lines terminate in a hose connection encased in
an appropriately sized box.
12. Fittings - Fittings shall be ductile iron, all -bell or
mechanical joint, and shall be properly restrained. All plugs
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shall. be furnished with restraining clamp.
13. Steel Pipe Special Sections - Steel pipe may be used for
ditch crossings and other special installations. It shall be
welded pipe and shall be adequately protected against corrosion.
It shall be electrically insulated from other conducting pipe
materials.
14. Pigh Density Residenlial_oi-gggb Risk Commercial Development
- The following special considerations apply:
a. Fire protection must be furnished. Plans for water system,
including fire hydrant locations and specifications, must be
approved by the fire fighting authority.
b. Fire hydrant spacing shall not exceed 350 feet. Fire
hyd-ran-t leads shall be no longer than 50 feet. Hydrant
locations shall be in protected areas, and shall be
continuously accessible to pumper trucks.
c. Minimum line size is 6". Sizing of system shall be based
on required fire flows.
d. Easement width and building line placement shall assure
that no building is constructed within 10 feet of the
centerline of a proposed water line.
e. All meters shall be set within public right-of-way.
15. General Layout and System Circulation - The overall layout of
the system should be to provide a maximum degree of circulation
of water to prevent future problems with taste, odor, color, or
loss of chlorine residual due to stagnation. Multiple points of
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feed to the system are preferable. Fire hydrants and flushing
valves should be so located that all portions of the system may
be periodically flushed. Where dead-end lines are unavoidable,
they shall be valved at the main line and furnished with a
flushing valve at the end of the line.
Consideration should be given to providing for future extensions
of the system.
16. Interconnections - Interconnection with any other water
system is prohibited, unless specific variance is given by the
District. No interconnection shall be made with any system fed
by a water well.
-8-
Corpus Christi, Texas
c2/ day of
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
ory_p�, 198—T
For the reasons set forth in the emergency clause of the foregoing ordinance
or resolution, an emergency exists requiring suspension of the Charter rule
as to consideration and voting upon ordinances or resolutions at three
regular meetings; I/we, therefore, request that you suspend said Charter rule
and pass this ordinance or resolution finally on the date it is introduced,
or at the present meeting of the City Council.
Respectfully, Respectfully,
MAYOR
Council Members
THE CITY r•F CORPUS CHRISTI, TEXAS
The above ordinance was passed by the following vote:
Luther Jones
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Joe McComb
Frank Mendez
Mary Pat Slavik
1*"9,99