HomeMy WebLinkAbout02309 ORD - 06/15/1948AN ORDINANCE .2 3 d 9
AUTHORIZING AND DIRCTING THE CITY
IMMER TO MCUTE A COETRAOT FOR
AND (3 BEHALF OF To CITY WITH
SOUTHERN ALBAT CORP., A PRIVATE
CORPOR®TICH, FOR FURNISHING OF
EFFLUENT WATER AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CCUBS CHRISTI,
TEBAS3
SECTION 1. That the City Manager is hereby authorized and
directed to execute far and on behalf of the City of Corpus Christi, Texas,
a Contract with Southern Alkali Corp., a Delaware Corporation, with a permit
to do business in the State of Taxes, to furnish effluent water to said
Corporation, a copy of said Contract being attached hereto and made a
part of this Ordinance for all intents and purposes%
�3�q
W STAB OF Taa d
ueoBrr OF MWE
w'MMAS, - the Eeth day Of September. 1933. the city of corpus
ChriSti, s mmmiCipal corporation, made and entered into a awasin agent
with Southern All -14 .Corporation, a Delawwo corporation mith a permit to do
business in the state of Tease. providing for the sale to said Southern Alkali
Corporation of uatseatsd water from the Baeoes River at Calellen, Texas, and
MOM, there presently exists a condition of drought and it is
the desire of the parties to aosserve eater in said guano. Ewer,
Flow, THg'o3E, 8FCW Ate, UM By TE Sg paSaLUTS, that said City of
Corpse Christi, a municipal corporation, acting herein by and through its duly
authorised City Lionager, hereinafter called "City", end southern Alkali Cor-
poration, a corporation as aforesaido hereinafter oalled °Southern Alkali-.
for and in consideration of the premieee, the benefit resulting from the eon-
Serration of vater in said xueoes Eiver, and the anm of Ton Dollars ($10.00)
paid by Southern Alkali to City, the receipt of which is acknowledged, been
agreed and by thee. presents do agree as fail —, tort,
I.
Southern Alkali shall have the right, at its own cost and expense,
to take for use in its industrial plant and for use by Sinalair prairie oil
Company in its operatics, effluent water belonging to and discharged by said
City from 'to sewage diaPOWd plant located in the City of Corpus Christi.
Any each effluent watet so taken by Southern Alkali shell be out of and from
Ube 36- pipe line belonging to City at a point on the land belonging to General
American Transportation Corporation and used by it for a teak storage terminal,
such point being 300', more or lose, South of the south Shore line of the ship
channel extending into Masons Bay, and 1500 seat of the roadway running iidto
said tank storage terminal belonging to Sauaral meriona stun pertation cor-
Poration. A>ag installation# material, labor, power and equipment nacessery
to take such effluent water when ba without Cost to City bat Southern Alkali
shell not be under aW obligation to take any amount of effluent water what -
scovor hereunder prior to the and of said period of drought. and thnreafter
its Obligations shall bO as provided below.
IX.
in the event Sontaern AUmll does take auah eMawat water &WIng
said period of drovidat, it sba11 be limited to a mss of use mil =,,two
hvaidrad thMeaad gallons thereof per each 91,-hoar dsy. southern AZksti shell
not be required to mmsnaa the amount of arflueot eater as taken by 1% •misae
request is made of it in writing by City to Measure the Same, in which event,
anthem Alkali shall, at its OE, cost and espouse, iustfin a mater at the
point such effluent water is taken by it as soon thereafter as reaaonably pos-
sible. Thereafter, Soatbern AlIMI I shell nzl weekly reporta to City Shoving
the amounts of effluent water taken daily by it here%O%der so long as this
Contract regal as in force.
However. Southern Alkali shall not pay City any amount of money what-
""'r for my such effluent water so taken. either for its use or for sisalair
Yrairis Cil Company, prior to the end of the present period of drought, which
for the purposes of this contract shall be defined QS that time when water is
Corpus Christi Lahm user d7atahia. Temp, roaoaea a soffioioat legal that it
floes over the spillway of the dam which impounds water there" It is to the
banent and advantage of the City ao well as Southern Alkali that such effluent
water be utilized at this time instead of river water end the consideration
above raoited is in payment therefor until tho and of said present period of
drought.
IIS.
After the end of said period of drought oe bersia defined, Soothers
47ha11 and City ah411 outer into ncgotiations for the purpose of determining
a mi"— and maxi= amount of Ouch effluent water to be sold and delivered
by City to Southern Alkali during the rmainiag term of this cantraet and with-
in ninety days thereafter such negotiations shall be concluded oaloas onto d a
until a deflaite Hate by mutual agremmut of the parties in writing, During
such ninety day period. Southern Alkali shall be entitled to take a maxim ,
Of one million two hundred thousand gallons of said effluent water per each
24 -hoar day, for which it ahali pay City at the rate of 2 -1/2/ per thousand
gallons for all such water takaa, with psymwlt to be made for a m!I,I— of
three hudred titoasend $811008 per each a&-hour day, whether the 0=6 is taken
or not, at such rats. In the event City and Southern Alkali era unable to agree
ff�a
on such mini— and amrimma quantities during said period of negotiations.
then acathura Alkali shall have the option of doolaring thin contract terminated
at the end of such ninety day period or jt may, at its election, ovations this
contract in force and take snob effluent water at said rate of 2-IN par
thousand gallons for all so taken, with a masioamm of sae m1111— five hnddrod
thousand gallons and a mAnIon c of five hundred thousand gallons thereaf par
each 24,hour day, with payment to be made for said 6-,1 mm amount, whether
taken by it or not.
Ca or before the loth day of each oalendmr —t;b City oha7.1 bill
Southern Alkali for all mater charges incurred by Southern Alkali hereunder
for the preceding mouth and within fifteen days thereafter, Southern Alkali
shell make payment to City for all such water so 'waken daring said preceding
Mouth.
IV.
City ads to famish to Southern Alkali at the point specified
above for take by Southern Alkali such effluent water up to the maai pro-
vided during the entire term of this contract unless prevented from doing so
by act of God, drought, unavoidable soeiaent, war, acts of the ansmy, fire,
flood. by -pus rosolting from excessive rainfall, governmental restraint or
regulation, or any other ocaurence of force magjouro.
V.
City agrees that it will treat said effluent water so that the same
will maintain a chlorine residual at the point whore delivery is taken here-
under by southern Alkali.
H1.
City agrees that it will make available to Southern Alkali its ease-
meat rights in said lead to enable Southern Alkali to construct p®p stations,
pipe Base or other installations n000asary for Southern Alkali to take said
water, so far end only in Go far as City can legally do as.
ail.
Eeitber party berets ahall be liable to any third party for the sots
or omipaions of the other party, its ¢spate, servants and employees, in the per -
formrnos of this agreement. southern Alkali epeoifiealdy agrou to place markers
-3-
along the route of any line throagh which it tzenaporte such effluent rater from
Um point of intake above specified tc ite plant, deeigaating the ola aotaw of
water thanda transported as 'Waste ffatsr•Unfit to Driake. prom and after the
Point at which such effiuent water is taken from Cityls lire by Scathern Alkali,
the City ahell have no liability or responsibility wbatsoever is oommoetion with
It. transportstioa and ate.'
aiSl.
It is fur%er agreed that this contract shall is no way ,impose upon
Southern Alk.11 —y obligation to deli r effluent water 'w Sinclair Fralrie
oil Cmmgsuy, each delivery belay entirely optional with 3outbora Alkali, and
it may also discontfmte doiiverq, ones began, of effluent eater to Sinclair
Prairie Oil Company.
YY.
This contract ahali oontinue and remain in faros for a period of tea
pan from and after this date, at which time it shall terminate unless renewed
for an additioaal period of time in writing by the partiee hereto, all subject,
bovever, to the optimal riaht of Southern Alkali to terminate the some in the
event the parties hereto are unable to agree on the m;mi+m -tea and maximum stwnnto
of rater to be taken hsroundar after the and of said period of drought.
IN WITD M WONRECF this instrument is executed this day of
. 1948.
CITY OF CO$FM CHMTI
By__
city msnagar
SGUMM ALRAI i CosraMION
Br
operating Vide Pfevident
SECTION 2. The necessity for providing water facilities f9r
industrial use in the City of Corpus Christi, Texas, oreates a public
emergency and public imperative necessity requiring the suspension of
the Charter rule that no ordinance or resolution shell be passed finally
on the date it is introduced and that such ordinanoe or resolution shall
be read at three several meetings of the City Council, and the Mayor
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 passage,
IT IS ACCCRDINGLY SO ORDAIN=.
PASSE) AND APPROVED this. Z< day of Juns, A. D. 1948.
'0
City of Corpus Christi, Texas.
Corpus Christi, Texas
June 15, 1948
TO THE MMM OF THE CITY COUNCIL
Corpus Christi, Texas
Geatlenma,
For the reasons set forth in the emergency clause of the
foregolag ordinance, a pvblio emergency and imperative necessity
exist for the suspension of the Charter rule or requirement that no
ordinanoe or resolution shell be passed finally on the date it is
introduced, and that such ordinance or resolution shall be read at
three meetings of the City Counoil, I, therefore, hereby request that
you suspend said Charter rule or requirement and pass this Ordinance
finally oa the date it isintroduoed, or at the present meeting of
the City Council.
Respeotfully,
City of Corpus Christi, Taxes
The Charter rule was suspended by the following vote,
Wesley E. Seale
George R. Clark, Jr.
John A. Ferris
R. R. Henry
Joe T. Dawson
The above ordinance was passed by ttoll=inj,; vote,
Wesley E. Seale
George R. Clark, Jr.
Job. A. Ferris
R. R. Henry
Jae T. Dawson