HomeMy WebLinkAboutC2005-171 - 4/26/2005 - Approved AMENDMENT NO. 1 TO
DEED AND WATER CONTRACT BETWEEN
THE CITY OF THREE RIVERS, TEXAS
AND
THE C1TY OF CORPUS CHRISTI, TEXAS
WtfEREAS, on December 3, 1984, the Cities of Three Rivers, Texas, and Corpus Christi,
Texas, signed the "Deed and Water Contract Between the City of Three Rivers, Texas and the City
of Corpus Christi, Texas," which document is recorded at Volume 379, page 191, of the Deed
Records of Live Oak County, Texas, and at File No. 409412 of the records of Nueces County, Texas,
and is identified therein as the "Contract:" and,
WHEREAS, the City of Three Rivers, hereafter "Du-ee Rivers," has determined that its water
system would be facilitated by moving its point of diversion to Choke Canyon Reservoir and the City
of Corpus Christi, hereafter "Corpus Christi," has determined that it no longer wished to operate the
Cainpbellton Wells; and,
WHEREAS, to accomplish and bring about such changes, Three Rivers and Corpus Christi
have determined that it would be mutually desirable and prudent to amend the 1984 Deed and Water
Contract Between the City of Three Rivers. Texas and the City of Corpus Christi, Texas; and,
WHEREAS, Three Rivers and Corpus Christi desire to amend numbered paragraphs 2, 3, 6
of the Contract, all other parts of the Contract remaining unchanged and intact;
NOW, TItEREFORE, this Amendment No. 1. this day made and entered into by and between
Corpus Christi, acting herein by and through its duly authorized officers, and Three Rivers, acting by
and through its duly authorized officers:
WITNESSETH:
Section 1. It is agreed that Section 2 of the Contract that Three Rivers, for the consideration
stated in the Contract, shall forever have the right, without the payment hereafter of any additional
cmnpensation, to withdraw water from Choke Canyon Reservoir or from the Frio River at the rate of
three million (3,000,000) gallons per day to be used for municipal, commercial and industrial
purposes. The withdrawals shall be made by Three Rivers at a point on Choke Canyon Reservoir
located S 42° 44' 55" W, 6579.45 feet from the northwest comer of the Thomas Henry League,
Abstract No. 14, Live Oak County, Texas, or at Three Rivers' existing diversion facilities located
below the Choke Canyon Reservoir Dam, provided, however, that Three Rivers shall not use both
diversion points simultaneously and Three Rivers shall notify Corpus Ckristi when it commences
using one diversion point or the other diversion point. Corpus Christi agrees to an~end Certificate of
Adjudication No. 21-3414, at Three Rivers' expense, to acquire an authorized point of diversion and
diversion rate from Choke Canyon Reservoir for Three Rivers. Any withdrawals of water by the
2005-171
04/26/05
Ord026236
City of Three Rivers, Texas
Page 1 of 7
City of Three Rivers in an amount greater than three million (3,000,000) gallons a day, based upon
an average of daily withdrawals over an aunual one (1) year period (the annual one year (I) year
period as used herein being from January 1 to December 31 of each year), shall be paid for by the
Cily of'l'hree Rivers to the Cily of Corpus Christi at a price rate per thousand gallons as set forth in
Section 7 below. Notwithstanding the other terms and provisions of this agreement, it is agreed,
hoxvever that Three Rivers shall not have, without the prior written consent of Corpus Christi, the
right to withdraw lnore than 5,000,000 gallons of water on any single day.
The right to any volumes of water authorized by the agreement to be withdrawn by Three
Rivers but not withdrawn by Three Rivers at its facilities located on the Frio River, when qq~ree
Rivers has notified Corpus Christi it will divert fi'om those facilities, as the water flows by such
facilities shall pass to and vest in Corpus Christi. For those times when Three Rivers does not desire
to utilize the current existing point of diversion in the Frio River, Three Rivers will then join Corpus
Christi in seeking authority from the Texas Commission on Environmental Quality to amend
Certificate of Adjudication No. 21-3414 so as to reduce releases from Choke Canyon Reservoir in
quantities equal to what Three Rivers is then diverting from Choke Canyon Reservoir.
Section 2. It is agreed that Section 3 of the Contract is deleted in its entirety and, in its stead,
the following is hereby denominated a new Section 3, which reads as follows:
Section 3. Three Rivers and Corpus Christi agree that when, due to drought conditions, there
is insufficient water in the Frio River to satisfy the requirements 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 Reservoir capable of being diverted or released, or a combination of the
above conditions, Corpus Christi shall have no obligation to furnish ~vater to Three Rivers from
wells, known ms the Can~pbellton Wells, located on or near the Frio and/or Atascosa Rivers situated
above Tkree Rivers
Pursuant to Texas Government Code, Section 791.001, et seq., the lnterlocal Cooperation
Act, Corpus Christi and Three Rivers agree that the providing of water from the Campbellton Wells
to Three Rivers is a governmental function that either of the parties to this agreement are authorized
to perform. For the term of this agreement and the Contract, the Campbellton Wells are hereby
transferred to Three Rivers by Corpus Christi for Three Rivers' operation, control, management, and
use as Three Rivers determines is appropriate, together with the right of Three Rivers to use, repair,
and replace any mid all piping, equipment, and fixtures associated with such wells, and also together
with the right of Three Rivers to occupy and use, in connection with the operation, control,
management and use of such wells, any and all easements, property, and property rights, both real
and personal, owned by Corpus Christi in connection with its ownership of such four (4) wells. The
purpose of this interlocal agreement is to transfer to, and allow, Three Rivers the right to operate,
control, manage, and use the four (4) Campbellton Wells and all of each of the four (4) well's related
piping, equipment, fixtures, and other related and associated property, both real and personal, as
Three Rivers determines is in the best interest of its citizens. Corpus Christi agrees to cooperate with
Three Rivers to enable Three Rivers transport the water Three Rivers agrees to make no claim or
Page 2 of 7
demand on Corpus Christi as a result of the Campbellton Wells or Three Rivers' operations, control,
management and uses of the wells, and Three Rivers will hold Corpus Christi harmless from an3'
chfim or demand by any person, individual or corporate, resulting from Three Rivers operation,
control, management, use, and maintenance of the wells.
The Campbellton Wells are four in number, being the following described four (4) wells have
the following described GPS latitude and longitude locations, to-wit: (1) the Clyburn Well, located at
N 28° 46' 16.2", W 098° 18' 26.1"; (2) the Rodriguez Well, located at N 28° 45' 14.3", W 098° 18'
11.4"; (3) the City Well, located at N 28° 44' 47.1", W 098° 18' 22.2"; and, (4) the Bruner Well,
located at N 28° 43' 55.8", W 098° 18' 00 6" Three Rivers and Corpus Christi agree that the
benefits gained and responsibilities avoided by each of the parties fairly compensates each of the
parties for the services or functions performed under this agreement.
Section 3. It is agreed that Section 6 of the Contract is amended to read as follows:
Section 6. Indemnity. Three Rivers will indemnify Corpus Christi for any liability which
might accrue because of facilities constructed by 'Iltree Rivers at its diversion facility, whether
located within Choke Canyon Reservoir, the existing chaimel dam or their replacements, or on land
or right-of-way owned by Corpus Cbxisti, and Three Rivers assumes all responsibility for adequately
mainlining and safeguarding such facilities. This provision is for the protection of Corpus Christi
and Three Rivers and is not for the benefit of third parties
Section 4. Authority to Execute In order to make this Amendment to the Contract fully
binding, each of the 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
to the other party for attachment hereto. It is agreed and understood that a copy of this Amendment
No. I shall be recorded in the Deed Records of Live Oak County, Texas, and in the Deed Records of
Nueces County, Texas. for the purposes of carry/ng into effect the provisions set forth in this
agreement. Also, this Amendment No. 1 shall be submitted to the Nueces River Authority for its
concurrence.
Section 5. All A~reements Contained in this Written Instrument 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.
IN WITNESS WHEREOF, the parties hereto cause this ganendment No. 1 to be executed in
several counterparts, each copy of which so executed shall be considered as an original, by their
respective duly authorized representatives, this Ainendment No. I to be effective as to each entity as
of the date each entity, as set forth below, shall execute this Amendment No. 1 to the Deed and
Contract between the City of Three Rivers, Texas, and the City of Corpus Christi, Texas.
Page 3 of 7
Executed by the (?itT of Corpus hnstL Texas, on this the ~/
200__~. day of k~
CITY OF CORPUS CHRISTI, TEXAS
By:
A~ITEST:
~' Sici~etary of Corpus Christi
APPROV~.D AS TO LEGAL FORM THIS
THE fl 'DAY Ob' _j//,/,//-,/ 200x2~.
Cit ,//
Executed by the City of'D~ree Rivers, Texas, on this the -q-0 ~ day of December 2004.
CITY OF THREE RIVERS, TEXAS
ATTEST:
Mayor
City Secretary of Three Rivers
Page 4 of 7
APPROVEJ~S TO LEGAL FORM THIS
THE ~.~_ ~Y OF DE(EM?3ER, 2004.
The Nueces River Authority, being a part owner of the Choke Canyon Reservoir, hereby
consents and approves the above Amendment No. 1 to the Deed and Contract between the City of
Three Rivers, Texas, and the City of Corpus Christi, Texas.
Executed by the Nueces River Authority, on this the r~ tfi-- day of December, 2004.
ATTEST:
NUECES RIVER AUTHORITY
By: _~/[/~ ~'~
Executive Director
Secretary-Treasurer
The Three Rivers Water District hereby consents and approves the above Amendment No. 1
to the Deed and Contract between the City of Three Rivers, Texas, and the City of Corpus Christi,
Texas.
Executed by the Three Rivers Water District, on this the /? day of December, 2004.
Three RiversWaterDistrict
Page 5 of 7
President
ACKNOWLEDGEMENTS
TIlE STATE OF TEXAS §
COUNTY OF NUECES §
h
~ This instrument was acknowledged before me on this th~//~tdaC'; of ~ ,
200~, by George K. Noe, City Manager for the City of Corpus CN'isti. Texas, in th~ capactty therein
stated, on behalf of the City of Corpus Christ~, Texas.
ic~ Slate q?
THE STATE OF TEXAS
COUNTY OF LIVE OAK
This instrument was acknowledged before me on this the~OR~day of X~ffto/~.,~"
2004, by Felipe Martinez, Mayor of the City of Three Rivers, Texas, inthe capacity therein stated, on
behalf of the City of Three Rivers, Texas.
Notary Public, State of Texas
Page 6 of 7
TIlE STATE OF TEXAS
COUNTY OF UVALDE
This instrument was acknowlcdged before me on this the ' 4~.idayof ~>, uA ,'d,, ~
2004, by Con Mims, Executive Director lbr the Nueces River Authority, in the capacity therein
stated, on behalf of the Nueces River Authority.
Notary Public, State of Texas
THE STATE OF TEXAS
COUNTY OF LIVE OAK §
This instrument was acknowledged belbre ~ne on this the/7'~[tay of
2004, by M. R. Forehand, President of the Three Rivers Water District, in the capacity therein stated,
on behalf of the Thzee Rivers Water District.
Notary Public, State of Texas
Page 7 of 7