HomeMy WebLinkAboutC2007-067 - 2/27/2007 - ApprovedFIRST AMENDMENT TO RAW WATER SUPPLY CONTRACT BETWEEN
THE CITY OF CORPUS CHRISTI
AND
SAN PATRICIO MUNICIPAL WATER DISTRICT
THE STATE OF TEXAS §
COUNTY OF NUECES §
This First Amendment to Raw Water Supply Contract between the City of Corpus Christi
and San Patricio Municipal Water District ( "First Amendment') is by and between the City of
Corpus Christi, Texas ( "City") and San Patricio Municipal Water District ( "District').
RECITALS
WHEREAS, the City and the District entered into the Raw Water Supply Contract
between the City of Corpus Christi and San Patricio Municipal Water District, with effective date
March 17, 1997 (the "Contract') and the parties to that contract now want to amend the contract
to allow the District to take additional water.
AGREEMENT
NOW THEREFORE, the City and the District, for good and valuable consideration,
receipt of which is hereby acknowledged, agree as follows:
I.
Amendment of Paragraph 2a of the Contract
Paragraph 2a of the Contract is hereby amended to read as follows:
2. Use and Quality of Water. a. The City agrees to allow the District to divert,
and use consumptively, untreated raw water from the Nueces River and Lake
Texana Pipeline for municipal and industrial purposes in such quantity as may be
required by the District, but not exceeding a total of 41,200 acre feet in a calendar
year (January 1 to December 31). Under typical operating procedures, the
maximum rate of diversion from the Nueces River will not exceed 21,572 gallons
per minute, and the maximum rate of diversion from the Lake Texana pipeline
will not exceed 13.897 gallons per minute. In January of each year the City will
determine the percentage of its raw water that it took from the Lake Texana
Pipeline in the preceding calendar year, and will provide that information to the
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2007 -067
03/06/07
M2007 -061
San Patricio Municipal Water
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District. In each calendar year that the District receives that information the
District may take that percentage of its raw water from the Lake Texana Pipeline.
II.
Amendment of Paragraph 2c of the Contract
The last sentence of Paragraph 2c of the Contract is hereby amended to read as follows:
"However, the District may not divert more water in a calendar year than permitted by the
foregoing paragraph 2a."
III.
Amendment of Paragraph 2d of the Contract
The first sentence of Paragraph 2d of the Contract is hereby amended to read as follows:
"Except as provided in Subsection 2.b., if the District's projected needs require it to
divert more water in a calendar year than permitted by the foregoing paragraph 2a on a
continuing basis, the District's Representative will notify the City's Water Superintendent of any
planned increase in pump capacity or diversion rate at least 90 days prior to increasing the rate of
diversion."
IV.
Contract to Continue in Effect
As hereby amended the Contract shall remain in effect pursuant to its terms.
V.
Effective Date
The First Amendment shall be effective on and after the date on which it has been signed
by bo4h parties.
ATT
Rebecca Krumnow
Secretary
3 'sanpatripio ,fiistamendcc -3
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San Patricio Municipal District
By.
Billi o ennill
President
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY" OF SAN PATRICIO
This instrument was acknowledged before me the -7.4-)_ day of , 2007, by Billie Jo
Tenn 1, President of the San Patricio Municipal Water District, a political subdivision of the
State of Texas, on behalf of said district.
Y. REBECCA B PUBLIC W iZp e . K �.�
%* NOTARY P1IBLIC Name:
P i Gtate of Texas Notary Public, State of Texas
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ATTEST:
A7T Chai
APPROVED: y �` day of i ' 2007.
Mary K. Fischer, City Attorney
By:
Gary W. E ith. Assistant City Attorney
STATE OF TEXAS
CI OF CORPUS CHRISTI
61501'rie Noe, City Manager
ACKNOWLEDGMENT
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AU 1 MUKu,.:
SECR
COUNTY OF NUECES }
This instrument was acknowledged before me on the day of �%jn'2007, by George
Noe., City Manager of the City of Corpus Christi, on behalf of the C' Y.
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Name:
Notary Public, State of Texas
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