HomeMy WebLinkAbout020316 ORD - 05/17/1988AN ORDINANCE
AUTHORIZING THE EXECUTION OF AN ADDENDUM TO THE WATER
CONTRACT WITH THE BEEVILLE WATER SUPPLY DISTRICT; AND
PROVIDING FOR PUBLICATION.
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 an
addendum to the water contract with the Beeville Water Supply District, 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.
206RP004.ord
20316 MICROFILMED
ADDENDUM TO WATER CONTRACT
STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES §
WHEREAS, pursuant to one water sales contract between the City of
Corpus Christi and the Beeville Water Supply District, hereinafter referred to
as Corpus Christi and BWSD, respectively, said contract dated March 4, 1982 (the
"Water Supply Agreement") Corpus Christi agreed to sell untreated water for
municipal purposes to BWSD 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; and
WHEREAS, BWSD desires to retain an option to reduce raw water
consumption during periods of water shortage in accordance with City's Water
Conservation Program and impose its own rationing measures on its customers to
which City is in agreement.
NOW, THEREFORE, for and in consideration of the premises, BWSD and
Corpus Christi hereby agree to amend said untreated water sales contract of
March 4, 1982, as follows:
I.
That Section 7., entitled Composite Cost of Untreated Water, page 4 of
said contract, shall be deleted, in its entirety and a new Section 7. shall be
substituted therefor to hereafter read as follows:
"7. The rate for the composite cost of untreated water shall be
calculated on the 1st day of 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the basis of the City's previous fiscal year and the total water withdrawn.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 composite cost of untreated water are as follows:
Ac -f,,#.1 1P! 7
(A) Wesley Seale Cost: all feted 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 resulting from the development or protection of the water
supply;
AG01.040.01
(D) Future supply facilities, including tax subsidy, if any: the cost
element defined and set forth in Section 18 of the Water Supply
Agreement as herein amended, if any, and subject to all of the
provisions of Section 18 as amended;
(E) Administrative 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 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 8., entitled Fixed Minimum Obligation, page 5 of said
contract, shall be amended so as to hereafter read as follows:
"8. Fixed Minimum Obligation:
(A) If Lake Corpus Christi is used as BWSD's sole water supply source,
BWSD is not obligated to purchase any minimum amount of water in any
billing month during the period of this contract, but BWSD shall pay
to City beginning at the close of the first billing cycle following
the month in which water is first taken by BWSD 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 BWSD 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 BWSD. Should BWSD supplement its water supply from some other
source for purposes other than municipal use not for resale, then BWSD
shall pay an annual minimum sum. Such annual minimum sum shall be
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.
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.
AG01.040.01 2
This minimum will be paid annually with the final adjustment
determined at the close of each billing year. The calculation of the
annual minimum shall be made simultaneously with the composite cost
calculation as provided in Section 7 hereof.
(B) In the event the 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 BWSD elects to
discontinue purchasing water from City under this contract and obtain
its water supply from other sources, or if City requires BWSD to
supplement its supply purchased from City with water from its own
wells, then in either event, the fixed minimum obligation of this
Section 8. shall not apply."
That Section 20., entitled Rationing of Water, page 12 of said
Contract, shall be deleted in its entirety and a new Section 20. shall be
substituted therefor to read as follows:
"20. Rationing of Water: BWSD and City agree to the following stages in
reduction of raw water consumption by BWSD as the City Manager of City
declares the various water shortage conditions to be in force in
accordance with Section 55-151 of the Corpus Christi City Code:
A. Condition 1 - drought possibility - BWSD shall reduce its average
raw water consumption by 10%.
B. Condition II - drought watch - BWSD shall reduce its average raw
water consumption by 30%.
C. Condition III - drought warning - BWSD shall reduce its average
raw water consumption by 75%
D. Condition IV - drought emergency - BWSD shall cease taking raw
water, and shall be released from the fixed minimum obligation
as provided under Section 8 (B).
For purposes of calculating the "average raw water consumption," that
term is defined as the amount of water used per month averaged over the
previous three years. During periods of reduced raw water consumption by
BWSD, it shall have the option to impose its water conservation and
rationing regulations on its customers. It may elect to supplement its
intake of raw water from Lake Corpus Christi with its own source of well
water.
During period BWSD is taking no raw water from City but is producing a
surplus of water from its own wells, BWSD may, if requested by City, pump
water back into Lake Corpus Christi through its existing twenty-four inch
AG01.040.01 3
supply line. The cost of such water to be charged to City will be based on
actual operation and maintenance costs of the wells used and the pipeline."
WITNESS our hands, this 26th day of
February
, 1988.
ATTEST: BEEVILLE WATER SUPPLY DISTRICT
Secretary -Treasurer e:ge Duffy, D.V.M.,
ATTEST:
S_
CITY OF CORPUS CHRISTI
sident
Armando Chapa, City Secretary Juan Garza, City Manager
APPROVED: ,PA6 DAY OF uar , 1988
HAL GEORGE, CITY ATTORNEY
By
Assistant City Attor
AG01.040.01 4
That the foregoing ordinance was read for a fjrst time and pas ed to its
second reading on this the /a day of Q , 19 FY , by the
following vote:
Betty N. Turner Bill Pruet
David Berlanga, Sr. Mary Rhodes
Leo Guerrero (,7 Frank Schwing, Jr.
Clif Moss attAt r'Lit Mary Pat Slavik
Linda Strong
That the foregoing ordinance $ read for(tile se and time and passed to its
third reading on this the ('+Y} day of�Q} , 19 yl , by the
following vote:
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Clif Moss
akautk,
That the foregoing ord
this the Jr/ day of
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Clif Moss
Bill Pruet
Mary Rhodes
Frank Schwing, Jr.
Mary Pat Slavik
Linda Strong
nce was read for the third time and passed finally on
, 19n , by the following vote:
Bill Pruet
Mary Rhodes
Frank Schwing, Jr.
Mary Pat Slavik
Linda Strong
PASSED AND APPROVED, this the 1 7 day o
ATTEST:
City Secretary
APPROVED:
/8 DAY OF `1%/-iqC//
HAL GEORGE, CITY ATTORNEY
,197ff:
99.044.01
THE CITY OF CORPUS CHRISTI, TEXAS
20316
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cltate of Texas, City of 0 0
County of N` -.feces _ ss: Ad _...._
Beforene the under"eY:e;,, Notary Public, this day personally cames,
Deanne D. Palmer, who being. first duly sworn, according to law, says
that'ie is a Senior' Accounting. Clerk of the Corpus Christi Caller -
Times, a daily newWpaper published at Corpus Christi in said County
and State, generally iy cir _:uiated in Aransas, Bee, Brooks, Cameron,
nye?, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, K eberg, Live
2 7ee"c� - T,+'-' .amu San Pa ioio and Victoria Counties, and that
Oak, iii �^ l�i� s iii t .irS� , �3. -' , —.
_ _ • ,_�r_ x . ��:-:-l:y, T =r ,r., �e.-i 'c �? r t'R�—; �'s r} h!
� n e:
the publication L f s �' i `'` �` i -i -EE i� s ,L N ��ECO� A :
t_ a-_ Corpus
the
_ ane._= ei _ true ' i.. ._ p `i , was , U 1..� _ ed in the S_, k
L ... which e�_..�
Christi Cavi - it ii✓ on the 24TH day of Aos.!. _ 1988, each
's i.v.v Lzhereaftes for one consecutive (s).
one Times
$ 37 ,•
E,t : i_3
Su
Wit. f°t :C... t.} moi fi-i;��a �._-ei k
:'rcre me'^ -;. 26th day of ?3 it 1988
Notes.), Public, 'Nuyt�,s4Wcunt; exa-
My commission expires on
r" fa : e PSS AC$ • zs —
OPI
SE 1 n ING 4 M
A + ' 'r TFIE EX, _ .•
TION OF AIS
THE WA CONTE
WITH THE ILLE WAATER
SUPPLY PIS ,the —
01:r water contract
shirbillt-
4419,,the an,ount;of waters
chaeec r;. City' of
toreuit,:� in accor-
n,i
Was passed and approved
on second reading by the City
Couhell of the City of Corpus
Christi, Texas on the 19th day
of: Apri4 1988 end tha3l
text of said ordinance is
abletcrthe public in the
of the Ow twastmv,
3 /$f Armando
PUBLISHER'S AFFIDAVIT
State of Texas, ] City of C C
County of Nueces ] ss: Ad # 18146
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 Patricia, 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
Subs
Senior Accounting clerk
ibed and si,s*,n � =. m�this 25th day of April, 198B.
Eugtenia Cortez
Notary Public, Nueces County, Texas
My commission expires on 6.30.89
AUT
t,
THE
PUBLISHER'S AFFIDAVIT
State of Texas, ] City of CC
County of Nueces 1 ss: Ad # 34352
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 #20316 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
Avil.f21
a
Senior Accounting Clerk
S soreLeLL rn to efore me this 24th day of May, 1988,
Edna Koster
Notary Public, Nueces County, Texas
My commission expires on 11.30.88
NOTICE OF PASSAGE OF
ORO0DINANCE NO. 20318
AUTHORIZING THE EXECU-
TION OF AN ADDENDIJM TO
THE WATE CONTRACT
WITH THE BEEVILLE WATER
SUPPLY as -r T; she terms
Of tI* water ntract Shell be
' for the amou Our-
Oasett fron the City of
Corpus Christi and in accor-
dance with toe composite
costs, or a monthly minimum
of $150.09; 4#414FROVPING
FOR PUBLICAtION
Was passed and approved
on third reading by the City
Council of the City of Corpus
Christi, Texas on the 17th day
of May, 1988 and the full text
of said ordinance is available
to the public in the Office of
the City SecretarY•
/s/ Armando Chapa
City Secretary
City of Corpus Christi