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Home My WebLink About02306 ORD - 06/22/1948..r AN ORDINANCE �o - �7 3o b AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE Af:E:ZICAN SP.ELTIWG AND REFII+ING COMPANY FOR TAKING OF EFFLUENT WATER FROM THE CITY AND DECLARING AN Er .ti0BNCY, BE IT ORDAINED BY THE CITY 0OUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Ylanager of the City o£ Corpus Christi, Texas, is hereby authorised and directed to execute for and on behalf of the City a Contract with the American Smelting and Re- fining Company for taking of effluent water durin_, the period of drought, a copy of said contract being attached hereto and made a part hereof for all intents and purposes. a3 oh TA3 stem or T&US 4 CO".. or Rrisaxs nwzas. on the loth day or Jewe, lglui, the city or corpse Christie a Maleipal serporatien. nods and entered into a sertein agreement with American Smwiting and Refining Caopaay, a 1Sew Jersey corporation, with a permit to do business in tits state of Trine. providing for t>e sals to said Asarioan -%welting and Reriaing Company or untreated water from the RWees River at Calallen, Toaass and. W9SR6A$. there presently exists a condition of drought and it I. the desire of the parties to acnserre water ire said Nusees Risers No% TR3 ZVMX. RaOR ALL WN A% r?30 TR8'SS' =T'., that said City of Corpus Christie a musisipol corporation, acting, 'herein by and through its duly enthorisod City aaaa;,sr, hereinafter called "'City, and A"arioaa :malting wad 8sriniag Coepony, s oorporation. as aforesaid, hareiaaftar called "Company ", for and in consideration of the promiises, the benefit resulting from the oonserration.of water in said lneces River, end the sum of Tan Dollars (410.00) paid by American Smelting and Pofinirg Company to City, the receipt of which is acknowledged, have agreed and by those presents do spree as follows, torwitt 1. Amsriesn Seeping and P.sfininE Company stall have the rirht. at its own cost and expense, to tab for new in its industrial plentL effluent water belonging to and disebargsd by said City from its sewage disposal plant located in the City of Corpuw Christi. Any eush erflaent water sp taken by Anerioan Smelting and Refining Conpnq shall be out of and from the jbe pipe lima belonging to City at a concrete sump located At a point on the land belonging to Seneral A- merican Transportation Cor- poration and used 6y it for a tank storage terminal, such point boring WO, more or Les, south of the south shore line of the chip ehannal extending into trueaes Ray, and 150, east of the L roadway running irate said task storage terminal belonging to General Amorlwan Transportation Corporation. Any installation. material, lahor, power and agniprait easeseary to take rush efinnont rat.r shall '.+s without east to City. The City will not contrast to furnish to users over five million (5,OWe000) gallasis from said effluent line. It is understood and &greed that the taking of said efrluant rotor 1. sal.joot to tike £alluring towns. t.—It, 9aanriean swelting and rafiniag Company is to wars t-o rirht to take effluent 'crater for a reriod of ninsty (90) days from the date of this *entreat without cost in which t—,—Mt to asoortWn if such efflnont water is desirable for t'ro usanFe of said corporation, hat It is understood and &tread t;st .msrioan "esoltin +md I #efinins Cmr pary roast agree to take said o_'fluent water, as ierain set rest, wWAA such ninety day period or this contract shell st the end of such period terminate and ipso facto he null and void. Il. A11 =storing of —ter —e. t`:- cost of &ems '. .. .. t�l ros- ranai,,illty of �a:.rican ',—Ring and R- fioise Cnsyeay —C hrsar awn melting and Refining txzpozy shall :n" weakly roperts to ':ty s?wving the a=, -mt of effluent rater taken daily by it ha muneor co 10n- as thin —traot rs 4no In fsree. �rsrar, P�orieon salting and F:e. inlr.,- C—par, s -11 net pay t *s City e�nv mrant of ,aorsy w~.atsosvor fsr an°; ru- o. ,'fi,nn-:t water takr.r for its ;-ae prior to t:-s and of t`.s oseet period of dro'rght. whl.c for the purrooes of t>le oantr.ot V-11 ':s deflnod ss t-at tia:r •.s`.on water in Corpus.Peristi I.ske isar "atLis., Toms, retie "Is a suffi. elev.t 197el t*.:at it fl*ws c.-.sr the spillway of V,-,s dsl^ %�hjo'c aviourda rats, Viersin. It is to V. be -. ..writ and advantars of t.e City es —11 as American `.rcltiag and Rafininr ^=a sny that ouch of_luent rater be utilised at t:.is time Instead of river water and the consideration a- bove recited is in pggaent therefor unt=il t:A end of said Meant period of dr.-att. -2- m. In tl'o Brent at the osplratim of Baia ninety (9o) dry period, Ameriam 'kpslting and :Mining Gsmpsrsy desiraa to take aush eifl —t water, as ?.nreinahove eet out, and aiYer the and of said period of draoght, as }:arei.n defied, American 30e1ting and Refining Cotmnanv eMll take and City ahall deliver to seat, foapsnv at t ?'e pleoe a'ovs mentionat a maximm of 1,500,000 gallons of said effluent water t1,.r- Shoat maot t:vantr -four dour day withaut interruption, for xx.ia7, it Hill k-y [at- st t,.e rate of `n._ - -;.ta Per thcuaand gall.m. for r11 suet, "tor taken, wit.. *l ps,-mnt to 4 nade for a miniew of 500,000 94110nS j*r mob 24-.,Our day, w`net %:sr t1he ease is taken or not, at snob rates. 1f ^. :.- Cite, s'= .ould >e a`-1- to 4.1 fi1.r to Amerioar. 8.valti.ar mad haf i.n:uy cm1ptnyr op to two .,Ilion Eallor;e Fo-r Aa•,, ;e;�i�t: esaess aff- lWat is not 0antraoted to a 8014 to ot?er parsons, tier: sa0 "On"a`" shall `e antltlod to reoa.ice a -:d t71ty shell deliver s: fluent daily tc ^.ampany. c.r efore t}m tei.t?: dz;r op -rah aa?.andsr molt?, C:tjr stall O,pt „y for all ,rater o1ar,or in- purred by Aa rl(3- '.iaeltto- anal wafia,•r_^ Co- spa ^.y 'ereunder for t,s Freoadimt ".oath and wit'in fifteen (15) daps t"vreaft -r, America: "mmltL” are refining Campany Ofill make ptyment to City for all duoh water e0 tlk'Iln ?nrin said t:reoedinp r&tth. lv. ...m ^it,- afireme to ^�rn1.s?: to Amriaaa 8m— Itlr,g and Refining Comk,s:;y at t';a epesified above for take by hmeriosa 5msltind aa4 Refinia »' ='Gepanv suoh effluett water no to the maxisam provided during a-tlre ter..^ of thin montraat —1 -e from 1.1a_e . me by At of Cod, drought, anavai.W le aaaidente, war, aota of te:e en- v, fire, flood, or by- ptsirg 1wind 011=8ed . oxoeasive raise, govarntantal restraint or re zt'- i-jon, or ar:.r ct *er aoourrane- or faros majeum. Y. City agrees that it will treat said effluent water so that same will maintain n ohloriae residual at the point where delivery is taloen hereunder by American smelting and Refining Company. Vt. The City agrees that it will make availa.�le to Amerioan Smelting and Refining C.--y its easement rights in said land to onable Amerioan Smolting and Refining Company to co truot Hump sts- tions, pipe lines or other installations neceseary for American 'melting and �a£ining Company to take said ",'later, so far and only in so far am City a— legally do so. VIT. Ieither party hereto shall to liable to any third party for the acts or omissions of the other party, its a =ants, servants and aspic -Tees in ttic earformanoe of this ar— sment. Amerioan Smelting and defininb Company specifically agrees to place markers along the route of any lines tnrou:ja which it transports such effluent water from t..s point of intake a- specified to its plant, designating ti- character of water therein transported as "waste water -unfit to drinks. American ameltiai; and Re£ininf Company agreee to save and keep harmless the said City for any and all claims or damaees that might be adjudicated against said City by reason of oross- coneeations with other water lines. VIII. This contract scan continue and remain in force for a period of ton -are from and after this date, at which time it shall terminate unless renewed for an additional period of time in writing by the parties hereto, unless this contract is first terminated within ninety (90) days from the date hereof by American Smelting and Refining Compeny�s fail- ure or refusal to accept effluent water as hereinabove set out. Ix. RIWT OF OMPAnM TOWXnATR CONUAM If the plant or Plants of Company or any or all of its Ml aidiary or affiliated oompaa -Wion should for saonaido or any other reason or reasons desire to terminate thin sontraet then, in Sudh event, Company @hall have the right at any anniversary date oe this contract, by E1v1nr City thirty days written notice Before such anniversary date, addresead to City ',y resistered mail at Corpus Christi, Texas, candol and terminate t ? :Js contract in its entirety, If ^orrpd,y should elect to dive s.^e aet>ially gives City said written notios, then at aueh anniversary date t "Is ocn- tract @hall in a.11 its erovleiona, .come m11 and void. X. MIR 31`MGMCIASS If the present o"rganey should cease, Copany shall ae under .o oligation to take the water herein mentioned but rsy rely upon th® otliE�ation of City under its Contract dated Juna 18, 1941. In the evont a later smerpnoy or enoreenoiss e.ould arise during the period of this contract Company $hall he— the right to rsnslvc ar.d ^ity w -11 deliver to it the velum° Cf wa' :ar a-d/.r effluort at tin rrico herein =nntioned. V ni T.`T.13 M! "EMOF, this instrumant is executed t^ie day of A. C. 197x8. AT"ETr CITY OF CORPUS CHRISTI, T AAS lY lity City V..agor ATTSSTr Att"?RICAh &PELTING .A7) Fu nnc CC 'PA^. T -5- BY SECTION 2. The necessity for conserving water during the drought period creates s public emergency and public imperative necessity requiring the suspension of the Charter rule that no ordi- nance or resolution shall be passed finally on the date it is intro- duced and that such ordinance or resolution shall be read at three save —I meeting. of the City Council, and the �.yor having declared that such public emergency and imperative necessity exist, and having requested that such Charter rule be suspended, 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 passages, IT IS ACCORDINGLY SO ORDAIRED. PASSED AND APPROVED thise?3 day of June, A. D. 1%8. ATTEST: ci��stary APPROVED AS TO LEGAL TORY: Cit attorney Assistant C1 Attorney MAYOR PRO TELI City of Corpus Christi, Texas. Corpus Christi, Texas June 22, 1948 TO THE 1191SERS OF THE CITY COi]NCIL Corpus Christi, Texas Gentlemen: _ 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 n ordinance o r esolution 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, hereby request that you suspend said "harter rule or requirement and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, -�3 b( MAYOR ?XU TSIS City of Corpus Christi, Texas The Charter rule was suspended by the following vote: vfesloy E. Seale - George R. Clark, 'Jr. John A. Ferris " R. R. Henry Joe T. ➢awson d12—� The above ordinance was passed by the following vote: 'Mesley E. Seale �3 . George R. Clark, Jr. John A. Ferris (% R. R. Henry Joe T. Dawson -�3 b( e a P" I P. s►. Bas Sw R=O SWUM AM OW181NO COMPANY Cages Christi nmt tkto6rr if 1 Mr. S. F. Cremolios, Jr. 0iraator of Poblio Mlltioo City of Carpus Christi Corpm ibriatis !+ Dear sirs fir: iii "u, 1 a me Ia reply to your Uttar of onwet 4, MIS please be advised that it is ibs irtarUOA cord "- *:L" of the AU*rIOwd 30e3tbW and ANtISSM CON-W to aoatiros its maatsoot with the City of CORM Christie data Jaw 23, 1949, for a Y of tf- f1mnt water. 3be bill whiab .as attedw* to Soot )ratter bas been pass" to mw office far paysest. vary tray yount (Std) C. 1. latars Numqpr CAM-0 � « SSi,evisea� Maya AD, 1%8 is to be wade to Cttr ' • 3'• CxaY4r tmgt, ar «, €otsmo&.+r at kx3 s MOW contract With um Amft4Aam anafttW =d Ewa "W * ftunklu *shear Mod DU"tar of F Ckn4as toe e. F. ruby, r, Wager & 0" ELI ri t wa. G .G-x�a.f,, City Csmtrolle t rVie A, ! dr.o Tex � qt to l