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HomeMy WebLinkAbout19820 RES - 06/23/1987RESOLUTION WHEREAS, pursuant to an Ordinance of the City Council of the City of Corpus Christi on September 10, 1980, the City of Corpus Christi entered into an Agreement with the South Texas Water Authority whereby the City agreed to sell treated water to the Authority (the "Agreement"); WHEREAS, thereafter the Authority entered into an agreement with Nueces Water Supply Corporation (the 'Corporation") for the sale of treated water from the Authority to the Corporation (the "Water Supply Corporation Contract"); WHEREAS, the City has previously consented to the Water Supply Corporation Contract by Motion No. 86-0010 dated January 7, 1986; WHEREAS, the Corporation has applied for a certificate of convenience and necessity from the Texas Water Commission to provide retail water service within its service area as shown -by the map attached hereto as Exhibit A; and WHEREAS, the Corporation has applied for a loan from the Farmers Home Administration of the United :States of America; and WHEREAS, approval of the loan by the Farmers Home Administration is conditioned on passage of this Resolution by the City Council of the City of Corpus Christi, Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: (1) That the City of Corpus Christi hereby grants its consent to the provision of retail water service by the Corporation to retail customers within its service area as shown in Exhibit A, including that part of the service area that is within the City of Corpus Christi five mile extraterritorial jurisdiction as it was in existence on the effective date of the Agreement. (2) The City agrees that it will not acquire customers of the Corporation without the Corporation's consent, and if customers are acquired, the City will provide the Corporation reasonable compensation for such customers. The City also agrees to be bound by the provision of 7 U.S.C. 1926(b). (3) The City of Corpus Christi agrees that Subsection 21 (a) of the Agreement dealing with rationing of water requires only that in the event the City restricts or curtails customers of the City within the City limits, the Authoritywilllimit and restrict i•ts customers of the same class as those restricted by the City, both direct and indirect through resale, to the same extent. 07G.795 19820 MICROFILMED (4) The City hereby acknowledges that the Lower Nueces River Water Supply District has been dissolved, and, for the purposes of Subsection 21(b) of the Agreement, the outstanding debt of that District has been retired so that Subsection 21(b) has terminated and is no longer in force or effect. LET IT BE FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: That the City Secretary be hereby directed to file a copy of such Resolution in the permanent records of his office. ATTEST: A44/.413 dd.r- City Secretary ayor City of orpus Christi Approved: day of Hal George, 'ty A orney By: Assistant City rney 07G.795 1987 South Texas 1 Water Authority Slr Nueces Water Supply Cor- poration NyECES EXHIBIT t'A" SOuth Teras Water Authority Location Map Prepared by Hemirgson Cho -hewn & &cher'tlsorr, Corpus Christi, Texas c9t /1 .day of 44(.2 , 1981 TO THE MEMBERS OF THE CITY COUNCIL 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, 99.045.01 Council Members OR THE CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero at/ 'Frank Mendez Clif Moss Bill Pruet Mary Rhodes Mary Pat Slavik �p Linda Strong 19820