HomeMy WebLinkAbout18576 ORD - 11/29/1984AN ORDINANCE
AUTHORIZING THE EXECUTION OF A WATER SALES CONTRACT WITH THE
CITY OF THREE RIVERS; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS.
SECTION 1 That the City Manager 1s hereby authorized to execute
water sales c with the City of Three Rs, iverall a e fully set forth
in the contractra contract
copy of which is attached hereto and made a part
hereof, marked Exhibit "A"
SECTION 2. That upon written request of the Mayor or five Council
members, copy attached, to find and declare an mergency due to the need of
executing the abovementloned water sales contract at the earliest practicable
date, 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 29th day of November, 1984.
ATTEST
•
Litt' Secretary � \ MAYOR /
THE CITY CORPUS CHRISTI, TEXAS
APPROVED 2Ml,OAY OF NOVEMBER, 1984
J. BRUCE COCK, CITY ATTORNEY
S'Assi
18576
City1.1
DEED AND WATER CONTRACT BETWEEN
THE CITY OF THREE RIVERS, TEXAS
AND THE CITY OF CORPUS CHRISTI, TEXAS
wREREAS, the City of Corpus Christi, Texas, (hereinafter
called Corpus Christi), and the City of Three Rivers, Texas,
(hereinafter called Three RiveTs), desire to provide for adequate
water supplies for' their citizens and obtain the most sudieious
conservation and management of the water resources in the Nueces
River Basin for the mutual benefit of both cities, and,
WHEREAS, the City of Three Rivers possesses Certificate of
Adjudication No. 21-3215, which authorizes, in part, Three Rivers
to opetate and maintain an existing 220 acre foot reservoir on
the FrIO River, to enlatge that reservoir to 300 acre feet, and
to construct a 1,900 acre foot reservoir, also located on the
Frio River and,
WHEREAS, the CIty of Corpus Christy, Tetaas, has constructed
the Choke Canyon Reservoir on the Frio River and has determined
that sufficient water ea available In the Trio River which will
be Impounded by the Choke Canyon Reservoir to serve the existing
customers of Corpus Chrtsti, and provide to Three Rivers the
volumes of water hereinafter set forth without the necessity of
Three Rivers constructing such 1900 acre foot reservoir, and,
WHEREAS, Thcee Rivers desires to purchase two percent (29) of
the designed storage and two percent (22) of the firm yield of
Cho,e Canyon Reservoir, said yield being purchased being that
yield produced by the coordinated operations of Lake Corpus
Christi and Choke Canyon Reservoir, such firm yield being not
less than 139,000 acre feet of water, said purchase to be based
on the terms and conditions hereinafter set forth, and,
WHEREAS, Corpus Christi, for constderations hereinafter set
forth, desires to sell such two percent (22) portion of the
designed storage and firm yield of Choke Canyon Reservoir, such
yield 5.0.0 5500 yield produced by the coordinated operations of
Lake Corpus Christi and Choke Canyon, to the City of Three
Rivers, such sale to Thtee Rivets being upon the terms of con-
ditions hereinafter set forth; and,
WHEREAS, Three Rivers and Corpus Christi also desire to enter
into a contract which shall provide for the purchase of water by
Three Rivers from Corpus Christi above and beyond the volume of
water permanently purchaeed by this agrhement;
NOW THEREFORE, this deed :and contract (hereinafter called the
contract), this day made and entered into by and between Corpus
Chrrstr, Texas acting herern by and through its duly authorized
officers, and Three Rivers, Texas acting by and through its duly
authorized officers:
wITNESSETH.
EtioW ALL MEN BY THESE PRESENTS, that the City of Corpus,
Texas, for and in consideration One Million Seven Hundred Fifty
Thousand and No/100 Dollars (51,750,000.00) and other good and
valuable considerations to it paid in hand by the C1ty of Three
RIvets, Texas, the receipt and sufficiency of which is hereby
acknowledged, has bargained, sold and conveyed and by these does
bargain, sell and convey unto the City of Three Rivers, Texas,
whose address is P. 0. Box 398, Three Rivers, Tex., two percent
(28) of the designed storage and two (28) of the firm yield of
Choke Canyon Reservoir, such yield hereby conveyed being the
yield produced by the coordinated operations of Lake Corpus
Christi and Choke Canyon Reservoir, such firm yield be.ng not
less than 139,000 acre feet of water.
TO HAVE AND TO HOLD the above described two percent (29) of
the 0,50 0000058 and two percent (29) of the firm yield of
Choke Canyon Reservoir as above described, together with all and
singular the Lights, privileges and appurtenances thereto and In
anywase belong.ng to the City of Three nlvers, Texas, its suc-
cessors and assigns, forever, subsect to the terms and provisions
hereinafter set forth.
And the City of Corpus Christi does hereby bind itself, its
successors and assigns, 00050050t and forever defend all the
singular the said two percent (2%) of the designed storage and
two percent (2%) of the firm yield of Choke Canyon Reservoir as
above described unto the said City of Three Rivers, Texas, its
successors and assigns, against every person, corporation,
entity, including governmental entitles and utilities, whomsoever
lawfuly claiming or to claim the same or any part thereof sub-
ject however to all the covenants, conditions and terms
hereinafter set forth. For 01 purposes of this contract and
conveyance, two percent (25) of the design storage and two per-
cent (29) of the firm yield of Choke Canyon Reservoir as above
described shall conclusively be deemed to be 3,000,000 gallons of
water a day.
This conveyance and agreement is made subject to the
following terms and conditions:
Section 1. By entering into this agreement, the City of Three
Rivers agrees not to construct the 1,900 acre foot dam authorized
by Certificate of Adpidication No. 21-3215. Upon the consul.), ,
mation of the Contract, Three Rivers will notify the Texas Water
Commission that such 1,900 acre foot reservoir is being aban-
doned. Three Rivers further agrees to permanently transfer and,
by this Instrument does permanently transfer to Corpus Christi
all management, control and coordination responsibilities over
Certificate of Adjudication No. 21-3215, except to the extent
that such Certificate of Ad3udication No. 21-3215 pertains to
the current Channel Dam located on the Frio River over which dam
Three Rivers shall retain full rights, including management,
control and rmintenance responsibilities. The City of Three
Rivets will also retain all other water storage rights authorized
by Certificate of Adjudication No. 21-3215 which relates to the
current channel dam located on the Frio River which dam is USed
to impound water for the purposes of allowing the City of Three
Rivers to withdraw water from the Frio River. This permanent
transfer of management, control and coordination responsibilities
over Certificate of Adjudication No. 21-3215 by Three Rivers to
Corpus Christi may be used by the City of Corpus Christi in the
operations of Choke Canyon Reservoir and in fulfilling its com-
mitments to supply water out of the Frio and Atascosa watersheds.
In this regard, and subject to the other terms and provisions
of this agreement, Corpus Christi shall have the sole dIscretion
on the amounts of discharges to be made from Choke Canyon
Reservoir and also the sole discretion on the amount of reserves,
If any, to be retained in Choke Canyon Resetvoir. Corpus christi
shall also have the sole discrrtion in obtaining amendments, if
any, to Corpus Christi's existing and future water rights,
ncludIng any amendments with respect to any discharges
from Choke Canyon Reservoir.
Section 2. It is agteed between the parties to this contract
that Thtee Rivers, for the consideration herein expressed, shall
forever have the right, without the payment hereafter of any
additional compensation, to withdraw water from the Frio Rivet at
the rate of three mIllton (3,000,000) gallons per day to be used
for munictpal, commercial and Industrial purposes. This
withdrawal shall be made at Three Rivers existing diversion faci-
lities or at such new diversion facilities that may be herinafter
constructed by Three RIvers, 01101 which diversion facillties
shall be located below the Choke Canyon Reservoir Dam. Unless
Corpus Chet,. has glven prior written consent, Three Rivers
shall not have the right to make withdrawals of water directly
from the Choke Canyon Reservoir Lake. Any withdrawals of water
by the City of Three RiVer6 In an amount greater than three
million (3,000,000) gallons a day, based upon an average of dally
withdrawals over an annual one (1) year period (the annual one
(1) year period as used herein being from January 1 to December
31 of each year), shall be paid for by the City of Three Rivers
to the City of Corpus Christi at a price sate per thousand
gallons as set forth In Section 7 below. Notwithstanding the
0100005005 and provistons of this agreement, it is agreed,
however that Three Rivers shall not have, wIthout the prior writ-
ten consent of Corpus Christi, the right to withdraw more than
5,000,000 gallons 0155000 on any single day.
The right to any volumes of water authorized by the agreement
to be withdrawn by Thtee Rivers but not withdrawn by Three Rivers
00 100 facilities as the water flows by such facilities shall
pass to and vest .n Colpus Christi.
Section 3. If, due to drought conditions, there is insufficient
water in the Frio River at the location of Thiee Rivers diversion
facilities to satisfy the requirements of the City of Three Rivers,
either because of the absence of sufficient natural flow water from
the Atascosa River and the Frio River, the absence of water in Choke
Canyon Reseivolr capable of being released, or a combination of the
two above conditions, then Cowls Christi agrees to furnish water
to Three Rivers from wells operated by Corpus Christi located on
or near the Frio and/or Atascosa Rivers situated above the City of
Three Rivers, the water to be furnished from such water wells when
so requested by Three Rivers. Such water well supply will be
provided at the quality and ditesian flow rates available from
such several wells at the time of request by Three Rivers.
However, Corpus Christi makes no assurances as to either quality
or quantity of said water well supply. If, due to drought con-
ditions, Choke Canyon Reservoir is drained as a result of Corpus
Christi making normal dischargesras hereinafter defined; from
Choke Canyon Reservoir, including delivery of water to Three
Rivers as herein provided and, after such drainage, there is an
absence of water in Choke Canyon Reservoir capable of being
released In order to satisfy the water needs of Three Rivers and
the,. is not sufficient water available from the Frio River or
the Atascosa River to satisfy the water needs of Three Rivers,
then Corpus Christi, at the request of Three Rivers, as above set
forth, will furnish water from the artesian 3100 03 the water
wells above described and, upon the arrival of such water from
such wells at the Three Rivers withdrawal facilities in the Frio
River near Three Rivers, Texas, Three Rivers will commence paying
Corpus Christi for such water actually withdrawn at such
withdrawal facilities at the price rate per thousand gallons of
water withdrawn as provided for in Section 7 of this agreement
and will continue to pay for such water from such water wells so
withdrawn from the withdrawal facilities on the Frio River until
the date Three Rivers requests such wells be turned off. 50 the
artesian flow ~ the water wells above described ^ not suf—
ficient .sat^~the~~needs^Three Rivers and Three
Rivers request Corpus Christi ° turn ~ the pump ~pumps
located ~ such wells .. order ° Increase the volume °water
produced from such water wells, then, ^ addition ~paying for
such water actually =hdraw.by Three Rivers = the Three Rivers
.`,~~= facilities atthe price rate per thousand gallons
withdi~~provided for in Section ,of this agreement, Three
Rivers will also pay the power cost incurred ^. running such pump
~` pumps plus the actual personnel cost and personnel transportation
cost Incurred ° Corpus Christi ^ sending personnel ~the
well ~~.~.^~ the purposes ofturning ~ such pumps, operating
and thereafter turning off such pumps. `^~~^-~"~~`
structure provided for ~the preceding sentence for power cost
plus ~`son~.and transportation costs only applies when the
water wells above described are being used ~ satisfy only the
water needs of Three Rivers. If however, atthe time ~becomes
necessary, ~provided above ~ this paragraph, for Three Rivers
~ request that pu~'.`~such water wells above described °
turned on `. order ~."., the water needs ° Three Rivers,
Corpus Christi ^. then pumping, .. thereafter commences pumping
such =~`~`° with the pump'.`located ~ the wells aho~
described !or the purposes ~ trying ° satisfy, ^ part, the
water need6^not only Three Rivers but also Corpus Christi and
other Corpus Christi water customers (Corpus Christi using the
numP(S) located on such wells In order to increase the flow of
such wells ° satisfy such ~ed.^then, under such conditions,
~iee Rivers shall pay for such water withdrawn . provided fox
~ Section ,~ this agreement and, inaddition thereto, Three
Rivers will pay the proportionate cost ~ the electrical ~other
power used ~ operate ~ run the pump'.`~such wells plus the
^...^`~.~~.~`~.`~^~^~`~~....~~^~°~~
de.~^^^.~^ch power cost and personnel and travel cost shall
The power cost and personnel and personnel travel cost incurred in
the then current year in which Three Rivers withdraws well water as
provided in the preceding sentence and in which the pumps on the
wells are run, shall be taken in consideration in determining the
price of water for the next ering year as provided for in Section
8 of this agreement and, after it has been determined what propor-
tionate part of the total price for water for the next ensuing
year as determined in Section 8 such power and personnel and
transportation cost beats to the total price for water for the
next ensuing year as determined in Section 8 (on a cost per one
thousand gallon basis), then Corpus Chirstl shall inform Three
Rivers, In writing, of such proportionate cost and Three Rivers
shall pay, at such time, such cost as such cost bear to the
gallons of water from the water wells withdrawn by Three
Rivels at its withdrawal facilities under. such conditions.
It is agreed that if Corpus Christi shall, for any reason,
drain Choke Canyon Reservoir at a rate of discharge greater than
the normal discharge rate from Choke Canyon Reservoir, as
hereinafter defined in this paragraph and, after such drainage of
Choke Canyon Reservoir there is an absence of water in Choke
Canyon Reservoir capable of being released in orded to satisfy
the water needs of Three Rivers and there is not sufficient water
from either the Frio River or the Atascosa River to satisfy the
water neede of the Crty of Three Rivers, then Corpus Christi
will, at the request of Three Rivers, furnish water from the
above described water wells, by artesian flow or, if necessary,
by pumping, for the purposes of satisfying the water needs of
Three Rivers and under these circumstances and, to the extent
that withdrawals do not exceed 3,000,000 gallons of water a day,
there shall be no charge to the City of Three Rivers for the
water from such wellswhich Three Rivers withdraws from the Frio
River at its wrthdrawal facilities located near Three Rivers. To
the extent withdrawals of water under such circumstances exceeds
3,000,000 gallons of water a day, Three Rivers shall pay for such
wothdrawals over 3,000,000 gallons a day at the price rate per
thousand provided for in Sektion 7 of this agreement.
Notwithstanding the Provisions Uet forth in Section 10, the
payments for this water so purchased under this section shall be
made by Three Rivers to Corpus' Christi monthly.
Normal discharge rate is defined in this agreement to be as
follows:
1. A minimum outflow from Choke Canyon Reservoir of 2,000 acre
feet per month is assumed to occur. This would cover any leakage
that might occur at the gets and requirements upstream from Lake
Corpus Christi. Also, it would provide a perennial flow for
recreatoon and fishing purposes.
2. Whenever Lake Corpus Christi water surface is above eleva-
tion BB, only the minimum release of 2,000 acre-fest per month is
made from Choke Canyon Reservoir. This reduces spills from Lake
Corpus Christi from runoff below Choke Canyon Dam site. '
3. Whenever Lake Corpus Christi water surface is at or below
elevation 88, and the ratio of Choka Canyon 000000010 content to
Lake Corpus Christi content' (bokh, at,the end'ofAthe preceding
month) exceeds the corresponding ratio with 8-fpot drawdown at both
reservoirs, the Choke Canyon Ro((servoir release ,tor the current
month Is made equal to the Lake Corpus Christi release during the
preceding month. Otherwise, only the dvinimun) release of, 2,000
acre-feet per month is made from Chole CanyonReservoir. This
equalizes drawdown at the two resedvoirs for recreation purposes
and promotes a more constant quality of water by mixing Choke
Canyon Reservoir releases with Lake Corpus Christi content.
Section 4. measurement: Untreated water delivered under this
contract shall be measured by a suitable water meter or meters to
be furnished and installed by Three Rivers and kept in good repair
by Corpus Christi at or near the place of delivery of untreated
water. Corpus Christi shall have the -right to specify the type of
meter or meters 00 30 used. Checks as to accuracy of the 00051 00
meters shall be made semiannually ~~~~".~.~~Corpus
Christi shall notify Three Rivers ~ writing ten `10`days ^
advance ofany semiannual checks and tests inorder that Three
Rivers may have ^ representative present ~ witness such tests.
Semiannual tests ~tothe accuracy ~^ meter ~ meters shall be
..°~~"~`.,.~~~. ,If ~th~Corpus Christi ~Three
~~~.. anytime, shall ~=, the other that . desires ^ spe-
cial ^~`^^~mete^°~othe.par~°~"~ope~te^
arranging for ^ special test ~be made ~ Corpus Christi. The
expense ^ the special test of the meter ~ meters shall ^made
bythe party requesting such tests. If, ~ any test, the meter
test shall ° found .beinaccurate ° amount exceeding two Per-
cent '`.^"~.^ny~~~...~^°.".'~ch meters shall be
corrected for any period ofinaccuracy thereby which ^. defini-
tely known~-ree^up~.^~~~ch~~cti~sha"~~nd
back ~~^ period beginning more than thirty days `=' prior °
the time when such inaccuracy was first made known by Cotner
~~,.the other. ^' for any reason the meter ~ meters are
out ^ service ~ that the volume ° water delivered hereunder
cannot beascertained ~ computed from meter readings thereof,
the water delivered during the period such meter ~ meters are
out ofservice shall beestimated and agreed upon wthe parties
hereto upon the basis ofthe best data available. Best data avai-
lable ~^"~°ene^~~°~amo~ ° water delivered during
the period .. estimated '``~~.~..``., the error "the per-
centage ~error ° ascertainable bycalibration tests ~ mathe-
matical ~`..`^",..~=°...^ma.^."th.qu^.~.,.'
delivery by deliveries during the preceding periods under similar
conditions ^~the meter was registering correctly. Corpus
"~^.. shall read the meter ~ meters ~~ about the last day
.^ each month and shall determine from such readings the amount
~ water Three Rivers withdrew -from the"°.`.~. ~~~
Christi °~"~.~~ the recording and integrating instruments
~the meter . meters and shall retain the charts and integrator
of all such charts and integratot readings shall be delivered to
the City of Three Rivers, by mail, within five days after such
readings or made and/or charts removed from the meters. Any
duplicate recorders providing charts for. Three Rivers shall be
purchased, installed, maintained, and serviced by and at the
expense of Three Rivers.
Section 5. Maintenance. Diversion facilities constructed by
Three Rivers shall be maintained and operated by and on behalf of
Three Rivers, subject to the provisions herein contained.
Section 6. Indemnity, Three Rivers will indemnify Corpus
Christi for any liability which might accrue because of facili-
ties constiucted by Three Rivers at its diversion facility,
including the existing channel dam or its replacement, or on land
or right-of-way owned by Corpus Christi, and Three Rivers assume
all responsibility fox adequately maintaining and safeguarding
such facilities. This provision is for the protection of Corpus
Christi and Three Rivers assumes all responsibility for ade-
quately maintaining and safeguarding such facilities. This pro-
vision is for the protection of Corpus Christiand Three Rivers
and Is not for the benefit of third parties.
Section 7. !rise- The price to be charged for untreated
water sold by Corpus Christi to Three Rivers shall le whichever
of the two fa/lowing prices is the lowest
(A) The regular established untreated or raw water rates
for municipal customers of Corpus Christi of similar
classification, location, and demand requirements,
as currently established by the City of Corpus
Christi) or
(B) The "composite cost of untreated water. as defined
in Section 8 hereof.
Section B. Composite Cost of Untreated Water. The rate for
the composite cost of untreated water shall be calculated on the
1st day of January of each year and shall be calculated on the
bases of the City's previous fiscal year and the total water
withdrawn. The components for the alternative composite cost of
untreated water are as follol:
(A) Wesley Seale Cost: all budgeted costs (city fiscal
year) emergency coats, 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 taxsubsidy, 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 cre-
dited with an 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 (108) 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 Three Rivers and by all other
users of water into an escrow fund for use In main-
tenance and repair of existing facilities or ,
construction of *future facilities. Interest accrued
on such fund shall be deposited into the escrow
fund. Such escrow fund shall be designated as the
Water Supply System Escrow Fund and shall be admi-
nistered by Corpus Christi. Such additional cost
element shall be paid by Three Rivers if paid by all
other water users of the system.
Sectron 9. Restrictions on Resale - It is distinctly
understood and agreed that without prior written consent of
Corpus Christi, Three Rivers shall not deliver or sell untreated
water obtained under this contract 00001 other persons, firms or
corporations except such persons, firms or corporations which are
bona fide municipal, commercial or industrial customers of the
water distribution system of Three Rivers 500000 do not resell
such untreated water, and Three Rivers agrees to bind allOf its
customers to the effect that the stipulation contained in this
contract, "not to resell untreated water", shall be binding upon
each of said custosmrs. This section expressly forbids the
resale of untreated water by a customer of Three Rivers to any
consumer without written consent to such resale by Corpus
Christi.
section 10. Payments. Corpus Christi, Texas, shall annually
submit a statement to Three Rivers, Texas, indicating the guan-
trty of water withdrawn by Three Rivers during the preceding
year, such annual period to be from January 1, through December
31, of each year. Any withdrawals by the 010101 Three Rivers In
an amount greater than the sum of three million (3,000,000)
gallons pet day, times 365 during the preceding year, shall be
paid for by the City of Three Rivers to the City of Corpus
Christi at the price rate per thousand gallons as set forth in
Section 7 above. Three Rivers, Texas shall render payments
within thirty (30) days of receipt of such statement. Any cleri-
cal error or minor question regarding said statement will not be
sufficient grounds to delay payment by Three Rivers; Texas to
Corpus Christi, Texas. Any such question 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 tesult of such agreement shall be added to or deducted from
the following annual bill.
section 11. Priorities. Except as hereinafter provided, it
is agreed and understood that the first seven hundred fifty
thousand (750,000) gallons of water taken each day from the Frio
River as set forth in this agreement shall not be subject to any
restrictions or curtailment except those as set forth by the City
of Three Rivers itself. Should there be a shortage in the basic
water soPP1Y, as determined by Corpus Christi, which requires the
restricting or curtailing of consumers of water within Corpus
Christi, Texas, upon receipt of written notice from Corpus,
Christi, the City of Three Rivers, Texas, hereby contracts that,
coincident with such restrictions or limitations within Corpus
Christi, Texas, the City of Three Rivers, Texas, will limit and
restrict all its customers to the same extent, such restrictions
and limitations to continue in existence as long as Corpus
christi maintains such restrictions and limitations in force and
effect for the water customers within the City of Corpus Christi,
provided, however, that this agreement with the respect to such
restrictions and limitations shall apply only to all volumes of
water above and beyond the first seven hundred fifty thousand
(750,000) gallons withdrawn by Three Rivers, Texas, each day, the
first seven hundred fifty thousand (750,000) gallons of water so
withdrawn by the City of Three 500e05000 being subject to the
restrictions and limitations of Corpus Christi as set forth in
this paragraph. Provided however, it is agreed that if Three
Rivers is obtaining water for its use which water comes from the
water wells above described in Section 3 of this contract, and
the necessity for the obtaining of such water from such water
wells was necessitated due to drought conditions as a result of
Choke Canyon Reservoir beingIdrained as a result of Corpus
Christi making normal discharges from Choke Canyon Reservoir and
after such normal discharges there was not, because of the water
level In the reservoir, sufficient water capable of being
dtscharged from Choke Canyon Reservoir to satisfy the water needs
of Three Rivers and also there was not sufficient water available
from the Frio River or the Atascosa River to satisfy the water
needs of Three Rivers, then the above provision in this paragraph
that the first Seven Hundred Fifty Thousand (750,000) gallons of
water wtthdrawn by the City of Three Rivers from the FriO River
shall not be subject to Inc restrictions and limitations set
forth by the City of Corpus Christi shall not apply and all such
waters so withdrawn by the Ctty of Three Rivers, under such cir-
cumstances, shall be subject to the same restrictions and' cur-
tailments the City of Corpus Christi, Texas, has placed on the
consumers of water within the City of Corpus Christi.
Notwithstanding any of Inc other provisions heretofore set forth
In this paragraph, if the City of Corpus Christi, because of a
shortage in the basic water supply as determined of Corpus
Christi, imposes restrictions and curtailments on the watering of
lawns and shrubs for the consumers of water within the City of
corpus Christi, Texas, then upon receipt of written notice from
from corpus Chrmsti, Inc City of Three Rivers shall, coincident
with such restrictIons and curtailMents, impose on the water con-
sumers of the City of Three Rivers the same restrictions and cur-
tailments with respect to the watering of lawns and shrubs, the
750,000 gallons exception not applying to the circumstances set
forth in this sentence.
section 12. In conjunction with the City of Three Rivers
purchasing two percent (2%) of the designed storage from Choke
Canyon Reservoir and also two percent (2%) of the yield of such
reservoir as above defined, the City of Three Rivers hereby
agrees to pay two percent (2%) Of the maintenance and operating
cost of the Choke Canyon Reservoir Dam and the dam's related
facilities. Not Included within any such cost are the cost of
operations and maintenance of any parks, recreational or any
other type of facilities in conjunction with Choke Canyon
Reservoir, the City of Three Rivers obligation for two percent
12%) of the operating and maintenance cost being only in
congunction with the operation and maintenance of the Choke
canyon Reservoir Dam and the dam's related facilities for water
supply purposes. The payment of such two percent (2%) cost of
the operation and maintenance of the Choke Canyon Reservoir Dam
and the dam's related facilities shall be made annually by the
City of Three Rivera to the City of Corpus Christi, and, in this
congunction, the City of Corpus Christi willnotify the City of '
Three Rivers at least six (6) monbhs Prior to,the date such
payment is due by the City of Three Rivers to the City of Corpus
Christi of the amount which the City of Corpus Christi estimates
such two percent (2%) of the cost of operation and maintenance
will be so that the City of Three Rivers can take such steps as
are necessary to properly budget for such cost and payment to the
City of Corpus Christi. It is agreed and understood that if the
amounts of money so paid by the City of Three Rivers to the City
of Corpus Christy, as part of the two percent (2%) of the
operation and maintenance cost shall be more than was actually
needed during such fiscal year for the operation of the Choke
Canyon Reservoir Dam and the dam's related facilities, any
amounts of such money so paid to the City of Three Rivers
above and beyond the actual cost estimated by the City of Corpus
Christi shall be credited to the next preceding year's amount
which the City of Three Rivers will be obligated to pay for the
operation and vaintenance of the Choke Canyon Reservoir Dam and
the dam's related facilities. However, should the amount paid
by the City of Three Rivers to the City of Corpus Christi be
insufficient to cover the actrl two percent (2%) most of the
operation and maintenance of the Choke Canyon Reservoir Dam
and the dam's related facilities, then Corpue Christi shall
give written notice of such deficit to the City 0000000 Rivers
and the City of Three Rivers, within one hundred twenty (120)
days, shall pay such deficit to the City of Corpus Christi.
Provided however, if the deficit amount of such operating and
maintenance cost shall be more than triple the amount originally
estimated by the City of Corpus Christi for such fiscal year or,
200000t0200 be a need far major repairs to the Choke Canyon
Reservoir Dam and the dam's related facilities which caused the
two percent (2%) amount of such maintenance and operating cost
to exceed triple Inc amount estimated for such fiscal year,
arrangements shall be made between the City of Three Rivers and
Corpus Christi so as to allow Three Rivers sufficient time to
obtain the funds necessary in order to pay Inc two percent (2%)
of such operating and maintenance cost which the City of Three
Rivers is obligated to pay the City of Corpus Christi pursuant
to this paragraph.
Section 13. Water Rights Perrdt. As set forth in Section 1,
Three Rivers, Texas, agrees that it will not construct the 1,900
acre foot reservoir set forth in Certificate of Adjudication No.
21-3215, but retains all rights to such Certificate of
Adjudication except to the extent such rights are transferred to
Corkms Christi pursuant to this Contract. It is expressly
understood and agreed that this contract shall be submitted to
the Texas Water Commission as required by the provisions of Rules
of such commission. In this regard, it is understood that Corpus
Christi shall bear transpiration and evapo-transpiration losses
in transferring water from choke Canyon Reservoir to Three
Riverspoint of diversion as presently described in Certificate
of Adjudication No. 21-3215. It is further specifically stipu-
lated and agreed that the effectiveness of this conveyance and
contract Is subject to the approval of the Texas 00000001 00
Water Resources, to the extensuch approval is required. To the
extent necessary, corpus Christi agrees to apply for and obtain
from the Texas Water Commission an amendment to Permit Number
3358A specifically authorizing a diversion point and diversion
rate of water to the extent necessary to carry out the terms,
intents and purposes of this contract. If Three Rivers changes
its point of diversion after Corpus Christi has amended the Choke
canyon permit to establish a point of diversion for Three Rivers,
then Corpus Christi shall amend the permit and certificate to
authorise the new point of diversion and shall bill to Three
Rivers, and Three Rivers shall pay to Corpus Christi, the cost of
obtaining the new amendments.
Section 14. Default - It Is covenanted and agreed that if
either party to this contract shall fail toPerlorm 000 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, seek specific performance of this contract by pro-
ceeding as follows: the party not in default shall cause a written
notice to be served on the party in default stating specifically
the default of this contract and declaring it to be the intention
of the party giving the notice to seek specific performance of the
centrndt by the defaulting party, thereupon the party in default
shall have a reasonable time but in no event more than thirty (30)
days after the service of the aforesaid notice in which to remedy
or remove the cause or causes stated in the written notice and, if
within said period of time the 00000 10 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
000100 01011 be withdrawn. 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 00 5000, then, the party giving Inc '
notice may institute suit against the defaulting party for specific
performance of this contract. Any suit for specific performance of
this contract pursuant to thelprovisions of thisSection shall be
without prejudice to Inc right of either party hereto to collect
any amounts then due it from the other party and without °slyer 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 15. Force-Majeure- If Corpus Christi should be pre-
vented, wholly or in part, from fulfilling its obligations under
this contract by season of any act of God, unavoidable'accident,
.01, 0! enemy, strikes, fires, needs, conservation of water for
those with superior and legal rights to such water, state or
federal governmental restraint or regulatione,'or other causes of
force ma3eure, or by reason of circumstances reasonably beyond
Its control, then the obligations if Corpus Christi to deliver
water to Three Rivers, as hereinabove provided, shall be tem-
porarily suspended during continuation of such force maseurs. No
damage shall be recoverable by Three Rivers from Corpus christi
by reason of the temporary suspension of deliveries of water due
to any of the causes above mentioned. If Corpus Christi's obli-
gation should be affected by any such causes, Corpus christi
shall promptly notify Three Rivers in writing, giving full
particulars of such force majeure as soon as possible after Inc
occurrence of the cause or causes relied 0000, cod Corpus Christi
with all resSon8ble speed and dispatch shall act in good faith to
remove all such causes of force mageure so that Corpus Christi
can resume
051,0501 0! water to Three Rivers as provided by this
contract.
Section 16. Assignability - This contract may be assigned by
Three Rivers only with the prior written consent of the governing
body of Corpus Christy, but if assigned, this contract shall be
binding upon parties hereto as well as their successors and
assigns. Three Rivers hereby agrees that should District be in
any way consolldated wath orlbsorbed by Corpus Christi, that
Corpus Christi will be substituted in this contract in lieu of
DiStr10t whatever such word appears.
Sectton 17. Authortty to Execute - In order to make this
contract fully bindIng, each of Inc 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 10 Ole other party for
attachment hereto. It is agreed and understood that a copy of
this deed and contract shall be recorded in the Deed Recotds of
Live Oak County, Texas, and in the Deed Records of Nueces COUnty,
Tex., for the purposes of carrying into effect the provisions
set forth in this agreement. Also this ContZsot and, Deed shall
be subrdtted to the NUeCeS Riyer Authority for its approzal.
Section 18. All Agreements Contained 10 this Written' Instru-
ment - 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.
section 19. The terms and conditions of this deed and
contract shall be in perpetuity.
IN WITNESS WHEREOF, the parties hereto have cause this instru-
ment to be executed in several counterparts, each copy of which so
executed shall he considered as an original, by their respective
duly authorized representatives, this the day of
1984.
CITY OF CORPUS CHRISTI, TEXAS
'Yrbity manager
ATTEST
City Secretary of Corpus Christi
APPROVED AS TO LEGAL FORM THIS
THE DAY OF 1984
City Attorney
APPROVED CN THE DATE OF EXECUTION:
Director of Finance
CITY OF THREE RIVERS
By:
Mayor
City Secretary
The Nueces River Authority, being a part owner of the Choke
Canyon Reservoir, hereby consents and approves the above Deed and
Water Contract between the City of Three Rivers, Texas, and the
City of Corpus Christi, Texas. t
ATTEST:
NUECES RIVER AU
The Three Rivers Water D1Strlct hereby consents and approves
the above Deed and Water Contract between the City of Three
Rivers, Texas, and the City o£ Corpus Christi, Texas.
_THREE RIVERS WATER DISTRICT
By:
ATTEST:
E STATE OF TEXAS g
COUNTY OF S ,
This instrument was acknowledged before me on this the
day 1984, by the
%gcityaofrtherein City o Corpus Christi, Texas, in the
stated•
Notary Public, State of Texas
My commission expires:
Notary's printed name
THE STATE F TEXAS g
COUNTY OF
This instrument was acknowledged before me on this the
day of 1984, byMayor
of tehCity of Three Rivers, Texas, in the capacity therein
STATETHE OF TEXASg
COUNTY OF
4
Notary Public, State of Texas
My commission expires:
Notary's printed name
This instrument Was acknowledged before me on this the
day of 1984, by
Nuecea River Authority, in the capacity therein stated.
Notary Public, State of Tex
My commission expires:
Diary printed name
THE STATE F TEXAS g
COUNTY OF
This instrument was acknowledged before me on this the _
day of 1984 by
of the Three Rivers Water District, in the capacity therein
stated.
Notary Public, State of Texas
My commission expires:
Notary's printed name
Corpus Christi, •s� �
_Zy ay of 6 1981
TO THE MEMBERS OF THE CITY COUrICIL
Corpus Christi, Texas
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,
Council Members
1000
THE CIT
F CORPUS CHRISTI, TEXAS
The above ordinance was passed by the following vote
Luther Jones
Betty N Turner
David Berlanga, Sr
Helder Brown
Leo Guerrero
Dr. Charles W. Kennedy
Joe IlcComb
Frank Mendez
Mary Pat Slavik
18576