HomeMy WebLinkAbout02317 ORD - 06/20/1948AUTEDEIZING AND DIRECTING TEE CITY
MmAaV.R TO EXECUTE A CONTRACT FOR
AND ON REH&LF OF TBE CITY WITH
BRLm P. HALLIBURTOH COWANY. A
00- PAMUMSHIP, CONPOSED OF ERT
P. AALLIBURTON AND VIDA C. AALLI-
BDRTCV. FOR SALE OF EFFLUENT WATER
AM DEOLAEIGG AN EMGENCY.
BE IT ORDAINED BY TER CITY COMOIL OF TBE CITY OF CORPUS CHRISTI,
TEMs
SECTION 1. That the City Manager of the City of Corpus Christi,
is hereby authorized and direoted to eaeoute a Contract for end on behalf
of the City idth Erle P. Balliburton end Vida e. Hatlihurtau, a co -part-
nership, doing business as Erle P. Aalliburton Company, for the sale of
effluent Water to said Company, a Copy of said oontraot being attaohed
hereto and made a part hereof for all pertinent purposes.
`' 1%
M STATE OF TUM,
Calf OF BUSCBA.
WHO. the City of Corpus Christi, Twist, is
the owner of and has now in operation a manloipal sewage
disposal plant which is located on Blacks 39, 40, 46 and
47 of the Beach Portion of the City of Corpus Christi,
Toaaa, and within its corporate limits, together with a
conduit or downfall line astending from said sewage plant
in a northwesterly direction emptying into Nunes Bay,
through which waste meter and effluent is transported from
the said songs plant into said Say` and
WHEM9, Erie P. Balliburten Company, a partner*
ship consisting of Berle P. Halliburton and Vida C. Halli-
burton, are constructing and building a cement plant on
property lying north of the turning basin and between such
basin and Nunes Bay, and adjacent to and east of the pro-
perty of the Central Power and Light Company upon which its
Nunes Hay power plant is constructed, and said cement plant
will rrequire large quau'tities of water in order to properly
operate said plant, and said plant was in part located in
Corpus Christi because of the availability of Bush waste
water and effluent{ and
WKMMI the said Brls P. Halliburbon Company is
desirous of purchasing from said City some of the effluent
and waste water from said sewage disposal plant, for its use
in Connection with its operation of the aforementioned
plant, and the City is desirous of selling said waste water
or effluent for the purpose of securing additional revenue
to the said City of Corpus Christi, Texas:
Now, YBCRE, this Agreement is made and enter-
ed into by and between the City of Corpus Christi, Torras, a
a
municipal corporation, acting herein by and through its duly
authorized officers and officials, hereinafter called "City ",
and Erle F. Halliburton Company, a partnership, acting here-
in by and through its duly authorized representatives, here-
inafter called "Company ", and for such
W I T N E S S E T H:
In consideration of the premises hereof, the
covenants, agreements and mutual advantages of the parties
hereto as hereinafter more fully set out, the said City
agrees to sell said Company, and the said Company agrees to
purchase from the City, the requirements of the Erle P.
Halliburton Company for such waste water and effluent which
may be used in the plant operations at the Portland Cement
Manufacturing plant being built and to be operated by Erle
F. Halliburton Company when the construction of the same
shall be completed, such sale and purchase to be at and for
the price and subject to the terms and conditions of this
agreement, more fully set out as follows:
I.
It is agreed that the source of supply of the re-
quirements of the Company shall be the waste water or effluent
being transported from the sewage disposal plant of the City
in the downfall line to Nueces Bay. Such waste water or
effluent shall be taken by said Company from the downfall
line mentioned in accordance with the terms of this agree-
ment. In this connection it is expressly understood that the
City shall be and is under no obligation except to furnish
the water or effluent, or make the same available, and to
allow such Company to tap onto the conduit or downfall line
carrying the same to Nueces Bay.
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xx.
The Company shall have the right to use, insofar
as practicable, the sump and pump location heretofore eroot-
od by Barnsdall Corporation, provided suoh use shall not
interfere with other takers of effluent from said line. If
this is not practicable, then Company shell construct a sump
and pumping station at a point to be selected by Company and
approved by City. In either event all operations hereunder
shall be at solo expense of company.
III.
If the City has a meter of sufficient size to
meter the water, then such meter shall be furnished and
installed by the City, otherwise Company shall furnish a
meter, to be selected by City. The coat of such meter shall
be amortized monthly, during the first year, until the
cost is recovered, whereupon said meter shall become the
property of the City. Such amortization payment shall be
deducted from the monies to be paid hereunder each month,
and if there is not a sufficient amount to be paid by Company
to City for water furnished, then said amortization payment
shall be carried over into the neat month or months.
I9.
It is agreed that, suejeet to the commitments of
the City heretofore made to American Smelting & Refining
Company and to Southern Alkali, Company shall have the right
to call upon City for the next seven hundred thousand gallons
(700,000) per day of effluent, for a period of thirty (30)
years from and after date hereof, such being the amount
calculated to be required to meet its minimum. requirements,
and City agrees that during the existence of this
contract it will not permit any other person,
firm, or corporation to take such, portion of the
-3-
T.
The GQOQW ®hail -PSy mo Glty, W'd City eh&U
3�
under shall be made monthly at the office of the City Water
Department at the City Hall., Corpus Christi, Teas.
YII.
It is mutually agreed and understood that the
waste water or effluent which the Company shall receive and
take from the said downfall line or conduit, as is herein
provided, shall not under any circumstances or in any manner
be connected with any treated water supply that said Company
may receive from the City, and Company agrees to erect and
maintain suitable metal signs, in sufficient quantities to be
erected along and above the pipeline leading from said sump
to Company's plant on the north side of the Corpus Christi
Sh4- Channel, which signs shall contain the words, "Sewage
Water". Company will have potable water or domestic supply
of water in its plant, and Company specifically agrees that
no connections shall ever be permitted or allowed between the
system carrying such potable or domestic supply of water and
the effluent or sewage water; and City, through its duly
accredited representatives, shall have the right to inspect
the premises of the Company to determine if any such connec-
tions have been made contrary to the tome of this agreement.
Vill,
The Company "ball have the right of ingress and
egress to its intake connections, sump, pump, pipe line and
other equipment across any premises belonging to City; and
Company shall further have the right to use, free of cost to
it, a sufficient amount of ground surface for the purpose of
-5-
ME
by, should the City refuse or Pail to reatify any unsatis-
factory water condition.
S,
No temporary suspension of operations by
Company nor any temporary suspension of operations of the
sewage disposal plant by City for repairs; installation
of new equipment, or on account of fire, explosions, accidents,
by -pass periods during and after heavy rains, or other un-
avoidable oaubes beyond the control of the parties shall
terminate this agreement or free either party hereto from
the continued performance of the obligationsof this agree-
ment after such emergency or cause of temporary suspension
of operation by either has passed.
X1.
It is understood and agreed that in the event the
City cannotfurnish or make available waste water or effluent
to Company, ae herein contemplated, for any of the reasons or
Causes in this contract set out, then City shall furnish to
Company such treated water as may be available from City's
fresh water supply, after taking into consideration the resi-
dents of Corpus Christi, Texas, and all other persons, firms
or corporations entitled to treated water from such fresh
water supply; such fresh water to be so supplied by City to
L%ompsny in lieu of the effluent or wate water herein Contract-
ed for to be supplied to Company at the Same rages as have
been fixed and granted to Company for treated water under a
contract to be entered into between Company and City covering
-7-
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it is %Mt sa'ium hazels coaaisw shsu
TUg t ®h®u ezmd to and be blAdinn UP-
en the p&rt1ee hereto. their eutoemmors and oosisas.
n VJTMW WAURAW, the P&AL02 fora =ao hate
®aUSW tsheea to ba duay amwaWA in NPUCATS
"U109, this the _ day d
A. a. 1%8.
CITI OF CMFUS CHRISTI. TRUS
I BY -- -
ATTOT i City Maniger
art-7 M—retwT.
APPROM " TO -IWAL FOW:
City tzto y-: -
An" P. B"Lle"TON rcapum
BY
TUB ZjT4NTE OF UX&S
G(jum OF wuzm:
MMIX a, tho mdeniqued auth"Ity, on this day
pornonaW avioand H.H. &L, City Manager Of the MY Of
OOR.- Cluiet TQZG * m to m to me ,to Vez
n and
'It z l
who" came is embecl-lbod to WW for*90LUS Ift6tru-
,,set, md ccknewl9dged to me that he executed the am& gar
the purpoew and ca"Idepetiou therein expresaedp and as
the act and deed of the said City of Corpus Christi, Tex".
-a mmicl&l corpmUm, and in the Gapsoity thsr0iA stated-
GlUs UKrA: h Al HAND mad goal of office, this
day of - 1"S.
Notary Folio in md-for ftmoso
ownty, Tom.
m; SW.78 « T&XAS, )
cuuWXY Ur NUSCUS. )
Wt—wy Public In Wd for rue—fte
COUstyl TBXFA•
-Ul.-
SECTION 2. The necessity for providing revenues for the City
by the Sale of effluent crater wastes a public emergency and public
imperative necessity requiring the auspenaion of the Charter rule that
no ordinance or resolution shall be passed finally on the date it is
introduced and that such ordinanca 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 affect from end after its pasasge, IT IS ACCORDIASLY SO
OEDA.ZEED.
PASSED AND APPROVED this.,.Zg2_dey of July, 10.
3—�✓'. 42—'
ATTESTS City of Corpus Christi, Tawas
APPROVED AS TO LEGAL FOBM,
orney
at ant t-:
Corpus Christi, Tema
July 20. 1948
TO THE OF THE CITY COUNCIL
Corpus Christi, Teaaa
Gentlemens
For the reasons set forth in the emergency elause of the
foregoing ordinance, a publio emergency and imperative necessity
exist for the auspeasion of the Charter rule or requirement that no
ordinance 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 Council; 1, therefore, hereby request that
you suspend -said Charter rule or requirement and pass this ordinance
finally on the date it is introduoed, or at the present meeting of the
City Council.
Respectfully,
J —C
City of Corpus Christi, Terms
The Charter rule was suspended by the following votes
Wesley E. Seale
George R. Ferris
Jr.
John A. Ferris
R. R. Henry
Joe T. 1lawsaa
The above ordinance was passed by the folloei.ng vote.
Wesley E. Seale
George R. Clark, Jr.
John A. Ferris
H. R. Henry
Joe T. Damon
X31-7