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HomeMy WebLinkAbout15217 ORD - 11/07/1979jkh:11-6-79;lst k AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A THREE-YEAR CONTRACT WITH W. L. BURRIOLA FOR THE SALVAGE OF MATERIALS AT THE WESTSIDE LANDFILL; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION'1. That the City Manager be authorized to execute a three- year contract with W. L. Burriola for the salvage of materials at the Westside Landfill: all as more fully set forth in the contract, a substantial copy of which -is attached hereto and made a part hereof, marked Exhibit "A." r SECTION 2. The necessity to execute the hereinabove described contract for the salvage of materials at the Westside Landfill at the earliest practicable date°creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction but that such ordi- nance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared that such emergency and necessity exist having requested the suspension of the Charter rule and that this ordinance be passed finally on the date of its introduction and take effect and be in' full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the 7 day of November, 1979. ATTEST: City Secretary 7 MAYO APPROVED: 7th DAY OF NOVEMBER, 1979: J. BRUCE AYCOCK, CITY ATTORNEY By,, - Assistant C4 j torney 1rr�¢'� bl i THE CI OF CORPUS CHRISTI, TEXAS AGREEMENT THE STATE OF TEXAS ➢ COUNTY OF NUECES II The City of Corpus Christi, hereinafter called "City", and W. L. Burriola, hereinafter called "Contractor", hereby agree and contract as set forth herein for the salvage of materials from City's sanitary landfills. City agrees: 1. To allow contractor's employees and equipment access to and within Westside Sanitary Landfill at 3702 Carbon Plant Road, located within Nueces County, Texas, for the purpose of salvaging and removing materials from any and all solid waste which may be deposited at the landfill. 2. To Contractor's exclusive rights to salvage, and to refuse to authorize any persons other than Contractor's employees to salvage and remove materials from the landfill during the term of this contract; except that any person who claims to have deposited by error some valuable material may be authorized by City to attempt to retrieve it. 3. To the condition that Contractor may cancel this contract at any time upon delivery of written notice to City's Sanitation Superintendent at 2525 Hygeia Street, Corpus Christi, Texas 78415. Contractor agrees: 1. To collect and remove all salvageable metal cans, scrap metal, aluminum cans, aluminum scrap, and any other salvageable materials from Westside.Sanitary Landfill at 3702 Carbon Plant Road; and to provide sufficient numbers of employees and equipment to ensure that substantially all reasonably salvageable material is recovered. 2. To provide City's Sanitation Superintendent a list of employees - to be issued identification badges and trucks and equipment to be used; to ensure that all employees wear bright uniforms and identification badges provided by Contractor at all times while at the landfill; and to ensure that all trucks and equipment are legibly marked with Contractor's name. 3. To ensure that salvaged materials are kept out of the way, out of roads, out of unloading areas, and do not interfere with landfill operations. 4. To ensure that Contractor's employees will observe good safety practices, will not interfere with landfill operations, and will not start any fires. 5. To remove salvaged materials from the landfills every day, except on Sundays, and to prevent the sale or giving away at the landfills of any materials by Contractor or Contractor's employees. 6. To properly secure any open trucks used to haul materials from the landfills. 7. To weigh at Contractor's expense on scales acceptable to City's Sanitation Superintendent every truck load of materials removed from the landfills. 8. To provide to City's Sanitation Superintendent on the first Monday of every month every weigh•ticket for the preceding month and the following information for each truck load: a. Weight of materials. b. Date and time of day weighed. c. Truck identification. d. Type of materials. e. Name of buyer'of materials. f. Gross amount received by Contractor for materials. 9. To pay to City on the first Monday of every month $1,00 or ten percent (10%) of Contractor's gross receipts for the preceding month, whichever is higher, for all materials removed from the landfills; and to make such payment to the City of Corpus Christi at the following address: City of Corpus Christi Finance Department, Collections Section 321 Mesquite Street P. 0, Box 9277 Corpus Christi, Texas 78408 10. To allow City's Director of Finance or other representative to examine Contractor's records and books at reasonable times to verify that payments have been properly made in accordance with this contract. 11. To refuse to employ, pay or compensate in any way any of ., City's Sanitation Division employees for any reason whatsoever. -2- 12. To indemnify City and hold City harmless from any liability to any person whatsoever for any injury, loss or damage arising from Contractor's operations or the actions of Contractor or any of Contractor's employees, whether within or without City's landfill property, and to carry public liability insurance in the minimum sum of $300,000 for personal injury and property damage liability insurance in the minimum sum of $50,000 in a company or companies acceptable to City, with a loss payable clause making City an additional insured; and to maintain a copy of said insurance policy on file with City's Sanitation Superintendent. 13. To not assign or sublet any rights under this contract without the prior written approval of City. 14. To the condition that City may cancel this contract upon giving sixty days prior written notice posted by U. S. Mail to Contractor at the following address: W. L. Burriola 9725 Leopard Street Corpus Christi= Texas 78410 The term of this contract shall be for three years, beginning , 1979, and ending , 1982. ATTEST: EXECUTED this the day of , 1979. City Secretary APPROVED: DAY OF , 1979: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney Director of Finance CITY OF CORPUS CHRISTI .B31 R. Marvin Townsend City Manager CITY W. L. Burriola CONTRACTOR Corpus Christi, xas 7 day of Christi, TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspension of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; I, therefore, request that you suspend said Charter rule or requirement and pass this ordinance finally,on the date it is introduced, or at the present meeting of the City Council. Respectfully, . MitMAYOR THE C Y OF CORPUS CHRISTI, TEXAS The Charter rule was suspendeby the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky The'above ordinance was Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky following vote: 15217