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Home My WebLink About020314 ORD - 05/17/1988TEXAS: AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ADDENDUM TO THE WATER CONTRACT WITH THE CITY OF MATHIS; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager is hereby authorized to execute an addendum to the water contract with the City of Mathis, all as more fully set forth in the addendum, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit A. SECTION 2. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. 206RP006.ord 203" MICROFILMED STATE OF TEXAS COUNTY OF NUECES § ADDENDUM TO WATER CONTRACT KNOW ALL MEN BY THESE PRESENTS: WHEREAS, pursuant to one water sales contract between the the City of Corpus Christi and the City of Mathis, hereinafter referred to as Corpus Christi and Mathis, respectively, said contract dated January 18, 1978, Corpus Christi agreed to sell untreated water for municipal purposes to Mathis according to the alternate price structures stipulated therein; 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 a revised composite cost of untreated water based on such changed conditions and circumstances: NOW, THEREFORE, for and in consideration of the premises, Mathis and Corpus Christi hereby agree to amend said untreated water sales contract of January 18, 1978, as follows: That Section 11., entitled Composite Cost of Untreated Water, page 5 of said contract shall be deleted in its entirety and a new Section 11. shall be substituted therefor to hereafter read as follows: "11. 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day of January of each year and shall be calculated on the basis of the City's previous fiscal year and the total water withdrawn.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 subsidey, if any; 02D.259.sd.02.12 1 A (E) Administrative costs: 25 percent of the costs of operational expenses of the offices of Director of Utilities and Water Super- intendent 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. II That Section 13., entitled Fixed Minimum Obligation, page 6 of said contract shall be amended so as to hereafter read as follows: "13. Fixed Minimum Obligation: (A) If Lake Corpus Christi is used as Mathis sole water supply source, Mathis is not obligated to purchase any minimum amount of water in any billing month during the period of this contract, but Mathis shall pay to City beginning at the close of the first billing cycle following the month in which water is first taken by Mathis for use by its customers the minimum sum of $150 per month, regardless of whether or not any water is used. If the payment due City from Mathis for water withdrawn during the billing period under consideration exceeds $150, then payment shall be made for the amount due. This minimum amount is intended to cover the costs of meter reading, testing, billing and other costs, which will continue whether or not any water is withdrawn by Mathis. Should Mathis supplement its water supply from some other source for purposes other than municipal use not for resale, then Mathis shall pay an annual minimum sum payable monthly at the rate of one -twelfth of said annual sum and calculated by taking the average of the highest previous three (3) calendar years or the previous calendar year's consumption, whichever is higher, times 110% times the previous fiscal year's debt service and repayments for supply divided by 224.98 MGD (2010 yield condition of the reservoir) times 365 days: 02D.259.sd.02.12 2 Gallons consumed x 110% x debt service and repayment - number of years 224,980,000 gallons per day x 365 = annual minimum The above minimum or the minimum in the published rate, whichever is lower, shall apply. In no case will the minimum be less than $150 per month. This minimum will be paid monthly with an annual final adjustment determined at: the close of each contract anniversary. The calculation of the annual minimum shall be made simultaneously with the composite cost calculation as provided in Section 11 hereof. (B) In the event the Corpus Christi City Council, the City Manager or his authorized designate determines that a drought emergency exists or that emergency water conservation measures shall be in force, and Mathis elects to discontinue purchasing water from City under this contract and obtain its water supply from other sources, or if City requires Mathis to supplement its supply purchased from City with water from its own wells, then in either event, the fixed minimum obligation of this Section 13 shall not apply." CITY OF MATHIS ATTEST: ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Juan Garza, City Manager APPROVED this 9M day of ri6/'ua„wi. , 198,6r ::'' l G4:17 City 02D.259.sd.02.12 r/Y/ l /w�• sistant City Attor That the foregoing ordinance was read for he fj st time and pas ed to its second reading on this the 10, day of "`�'`� , 19 g , by the following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Clif Moss That the foregoing ordinance s read third reading on this the /7 day following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Clif Moss That the foregoing ordirlance was this the /r) day of Betty N. Turner David Berlanga, Sr. Leo Guerrero Clif Moss cwieJ PASSED AND APPROVED, this ATTEST: it Secretary APPROVED: /8'7% DAY OF 777g,feht Bill Pruet Mary Rhodes Frank Schwing, Jr. Mary Pat Slavik Linda Strong fora sec nd time and p sed to its of , 19 Kx , by the Bill Pruet Mary Rhodes Frank Schwing, Jr. Mary Pat Slavik Linda Strong read for the third time and passed finally on 19 �'� , by the following vote: Bill Pruet Mary Rhodes Frank Schwing, Jr. Mary Pat Slavik Linda Strong the /f) day of CjilkitV , 19 2g HAL GEORGE, CITY ATTORNEY B , 193': As'` istant City Attorney 99.044.01 YOR THE CITY OF CORPUS CHRISTI, TEXAS 20314 PUBLISHER'S AFFIDAVIT State of Texas, ] City of C C County of Nueces ] ss: Ad # 19002 Before me, the undersigned, a Notary Public, this day personally came Deanne D. Palmer, who being first duly sworn, according to law, says that she is a Senior Accounting Clerk of the Corpus Christi Caller - Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refuio, San Patricio, and Victoria Counties, and that the publication of "NOTICE OF PASSAGE OF ORDINANCE ON FIRST READING" of which the annexed is a true copy, was published in the Corpus Christi Caller Times on the 17th day of April 1988, and each day thereafter for one consecutive day(s). one Times Sub�bed and sworn `~ Eug-*nia F Cortez Senior Accounting Clerk -]e me this 25th day of April, 1988. Notary PLolic, Nueces County, Texas My commission expires on 6.30.89 PUBLISHER'S AFFIDAVIT State of Texas, 3 City of C C County of Nueces J -s: Ad # 54836 Before me, the undersigned, a Notary Public, this day personally came Deanne D. Palmer, who being first duly sworn, accordingto law, says that she is a Senior Accounting Clerk of the Corpus Christi Caller - Times, a dailynewspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jirn Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refuio, San Patricio, and Victoria Counties, and that the publication of "NOTICE OF PASSAGE OF ORDINANCE ON SECOND READ," of which the annexed is a true copy, was published in the Corpus Christi Caller—Times on the 24TH day of April 1983, and each day thereafter for one consecutive da(s), one Times Senior Accounting' Clerk re me this. 26th day of April, 1988, Edna roster Notary Public, County, Texas Xy commission expires on 11,30,88 .441 L 4,1 andthe IS v$ Pc W0100,ft* PUBLISHER'S AFFIDAVIT State of Texas, City of C C County of Nueces ss: Ad # 8560 Before me, the undersigned, a Notary Public, this day personally came Deanne D. Palmer, who being first duly sworn, according to law, says that she is a Senior Accounting Clerk of the Corpus Christi Caller - Times, a daily newspaper published at Corpus Christi in said County -and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Refugio, San Patricio, Nueces, and Victoria Counties, and that the publication of "NOTICE OF PASSAGE OF ORDINANCE #20314 AUTHORIZING" of which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 22nd day of May 1988, and each day thereafter for one consecutive day(s). one Times $ 36.40 Senior Accounting Clerk, , al/112.12Z5e me this 24th day of May, 1988. Edna Koster Notary Public, Nu County, Texas My commission expires on 11.30.88