The URL can be used to link to this page

Home My WebLink About020315 ORD - 05/17/1988TEXAS: AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ADDENDUM TO THE WATER CONTRACT WITH THE ALICE WATER AUTHORITY; 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 Alice Water Authority, 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. 206RP005.ord 20315 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 Alice Water Authority, hereinafter referred to as "Corpus Christi" and "Alice", respectively, said contract dated May 4, 1962, and amended May 20, 1971, Corpus Christi agreed to sell untreated water for municipal purposes to Alice 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, Alice and Corpus Christi nereby agree to amend said untreated water sales contract of March 4, 1962, as amended, as follows: I. That Section 11., entitled Composite Cost of Untreated Water, page 7 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day of January of each year and shall be calculated on the basis of the City's previous fiscal year and the total water withdrawn.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; 02G.113.03.12 1 (D) Future supply facilities, including tax subsidy, if any; (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; and II. That Section 13., entitled Fixed Minimum Obligation, page 9 of said contract, as amended, shall be further amended so as to hereafter read as follows: "13. Fixed Minimum Obligation: A. Alice is not obligated to purchase a minimum amount of water in any billing month during the period of this contract, but Alice shall pay to Corpus Christi at the end of the billing year if they have not reached the Annual Minimum sum the difference between the Annual Minimum sum and the amount paid for water purchased. The annual sum shall be calculated by taking the average of the highest previous three (3) calendar year's or the previous year's consumption, whichever is higher, times 110% of the previous fiscal year's debt service and repayments for supply divided by 224.98 MGD (2010 yield of the reservoir) times 365 days: Gallons Consumed x 110% x debt service and repayments t 3 224,980,000 gallons per day x 365 = Annual Minimum This minimum will be paid annually with the final adjustment determined at the close of the billing year. The calculation of the Annual Minimum shall be made simultaneous with the cost calculation as provided in Section 11. 02G.113.03.12 2 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 Alice elects to discontinue purchasing water from City under this contract and obtain its water supply from other sources, the fixed minimum obligation of this Section 13. shall not apply." WITNESS our hands, this day of ALICE WATER AUTHORITY , 1986. ecretary President ATTEST: Armando Chapa, City Secretary CITY OF CORPUS CHRISTI Juan Garza, City Manager APPROVED this 9'A day of Fbraarol , 1986. Hal George, City Attorney By 02G.113.03.12 3 Assistant City Attorney That the foregoing ordinance was read for Ah e fist time and passed to its second reading on this the la day of (�C 7ILtJL , 19 Q.' , by the following vote: Betty N. Turner Bill Pruet -A6------ David Berlanga, Sr. Mary Rhodes al)t, Leo Guerrero ��-1 " Frank Schwing, Jr. (14)(� Clif Moss ab rtk Mary Pat Slavik al,,t,--- Linda Strong Nita That the foregoing ordinance las read for e s� nd time and passed to its third reading on this the i day of , 1911c , by the following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Clif Moss Bill Pruet Mary Rhodes Frank Schwing, Jr. Mary Pat Slavik Linda Strong That the foregoing ordinance was read for the third time and passed finally on this the /`/ day of/ , 19 , by the following vote: 6tBetty N. Turner Bill Pruet David Berlanga, Sr. Mary Rhodes Leo Guerrero Frank Schwing, Jr. Clif Moss Mary Pat Slavik Linda Strong PASSED AND APPROVED, this the /9 day of :7icretary TTT 3141.4"149 APPROVED: //W7 DAY OF /i9-/{cy , 19n: HAL GEORGE, CITY ATTORNEY By Assis ant City Attorn9 99.044.01 M6(YOR THE CITY OF CORPUS CHRISTI, TEXAS 20315 PUBLISHER'S AFFIDAVIT State of Texas, 7 City of CC County of Nueces l ss: Ad # 28035 Before me, the undersigned, a Notary Public, this day personally4`me Deanne D. Palmer, who being first duly sworn, according to law, says th.c 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 #20315 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). gatif/ta. Senior Accounting Clerk one Times $ 36.40 S ribed ore me this 24th day of May, 1988. 6.41 Esna Koster Notary Public, Nu- -s County, Texas My commission expires on 11.30.88 W1• '1`M AUTHORITY,; wader cones' amount of i' from the Ca* ti, in aacrr< c oath ly mi Was p�itsed aid vas# on third'r by City toenail of th Ci y of Corpus Christi, Texas on the .1 firth diy` of fir, MINIend the full text of said ord nanca is aysiiabia to blic in the "Off* * of PUBLISHER'S AFFIDAVIT State of Texas, 1 City of 0 0 County of Nueces 1 ss: Ad # 55002 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 newspaperpublished 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 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 1938, and each day thereafterfor one consecutive day(s). one Times k451,A- 37.°0 Senior Accounting k,lerk / 1 .1101,% -ct bei wor, - before me this. 26th day of April, 1983. Erni. roster Notary Publ-o, uCC5 County-, Texas My commission expires on 11.80.88 ,10, Wu pau�d Imo ito rtS*i, ei‘ei On lath' 0 of co 19081111/11 • • is • • PUBLISHER'S AFFIDAVIT State of Texas, ] City of C C County of Nueces ] ss: Ad # 18913 •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 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 POLL44.A.- $ 37.80 Senior Accounting Clerk Su 1.1P ' '' -� _'- __ Eug'`nia I Cortez Notary Public, Nueces County, Texas My commission expires on 6.30.89 -me this 25th day of April, 1988. TION UM fti THE TRACT WITIC AUf of the from #00 for the, Ourehtmed Opus ghtis- co with the 41* .`, ~t