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HomeMy WebLinkAbout02561 ORD - 07/26/1949AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MAeAM TO EMCDTE A CONTRACT WITH THE AMERICAN SMELTING AND REFINING COMPANY AS AN AMENDMENT TO THE CON- TRACT DATED im 23, 194B. FOR TAK- ING OF KMUENT WATER FROM THE CITY, AND DECLARING AN EMERGENCY. BE IT ORDAINED BY TEE CITY COUNOIL OF THE CITY OF CORM CHRISTI, TEEASi SECTION 1. That the City Manager of the City of Corpus Christi, Texas, is hereby authorised and directed to execute a oon- tract with the American Smel(dng and Refining Comp=W as an emmidment to the contract dated June 23, 19hB. for taking of effluent eater from the city, a copy of said contract being attached hereto and made a part hereof for all intents and purposes. ass, Tltm $TAT$ 0 T=U { CCDRTY OF VECI 1 Mors"$ me the 23rd day of Jana. 10 . the City of Corps Christie a msaisipal earporstiam. sod. AaMriaM Smelting oad defining Csmymgy, a eorporstiea, entered into a contrast and aprawrat„adurrsie Amortesn. Smelting and Retiaing Ceepamy was gives the right to ton, for use effluent crater belonging to and dis- charged by said City of Corpus Christi from its swage disposal plant located in the City of Corpus Christi under the terms, rates and conditions as provided in said agreement. ands **rest. the parties thereto desire to aMand said contract above rem furred too Row, therefore, the City of Corpus Christi, a muaicipal corporation acrting heroin by end through its duly authorised City Timaagsr, hereinafter called " City", and Americas Swelting and Refining Company, a corporation. hereinafter called "Company", for and in cousideratiea of the promises, the mutual bmefit to the City and Company resulting heroin, end the am of Tan ($10..00) Dollars paid Jy lmariean Smelting and Ratiniag Company to City, the receipt of which is hereby sakeowladgedo have agreed and by then - presents do agree, as falieam, to- witr 1. paragraph III of the contract above mentioned dated .Tuna 23. 1948. wherein it is grovidcdi vin the matt at the expiration of said ninety -day period. Amariesn %citing and Refining Company desires to Late creak effluent ester. ae bsraiaabove not oat. and after the end of said period of drought, sa heroin defined, Aewr- loan Smelting and Refining Company shall Lola and City *hail deliver to aush Company at the plmac above mentioned a Mast• ems of doe million five hundred thousand (1,500.000) gales Of said Oft a"t stater throughout each t+saty -fever (2!a) day without isterroption. for whtpb tt will peg City at the rate of two and as -halt o vets (2U) per thsossmd gallons for all vat Veber team. with payment to be made for a minirMse of five :hsmdrod tbauaand (500,000) pall=s per each tasaty -four (24) hoar tow, der the same is taken or not# at such rates, If the City should be able to do- liver to American malting and Refining Company, up to two millism (2,CD0,000) gallon per day. which commas eM%mt to not oaitroated to ba sold to other persons, than such Company shell be entitled to receive and City shall deliver cush aweant ant oftlagrt daily to Cowpony, '0n or before the tenth day of calk salomder enth City "it hill hearten. Smelting and Refining Cempeaq for all ws- teat ahargaa Incurred by Amsrlsom Smelting and Eefinin Caapemy, h*Poqbw for the p l thereafter Ace o Smiting Mend MfU omp&W shall mqk t to City for all such rater so taken daring said pre+ coding is hereby mmmded so that when rasa is so ended it shall provide as follewse 'ts irhs good at the aspiration of said niasty.dor Parise, !serials MoOlting and BotUing Company desires to take cash offluemt %vier, w hearoinsb*Yo act act. and after the and air said period of drought am heroin defined* City shall deliver to such Cmpaop at the piano sbova mentioned as mash effluent water as 000pany desires up to a aasimus amount of ease million five hundred thousand (1.500.009) Wlau theoagneut sash twmntr -fear (24) hoar day without iaterrup- ties, far which it will PIW City at the rate of two and ono-half (*) seats per thousand gallons for all cosh water taken. Kniass payment far the privilege of taking said water is hereby fixed at the cam of Tom (910.00) Dollars per math whether any sfflasat water whatever is taken by Company or not. Said mWimn pcymsnt shall be made on or before the 25th day of each month for the preosdiag calendar Mowthsraneh Parmwat whoa mods is keep this contract in fares subject to Its term. It the City should be able to deliver to Amrlasm damiting and No- fining Company up to tee million gallons per day, which effluent. it sasses of am million five ha dred.tbousamd (1.5010.000) gallons a day to net contrasted to be sold to other Pardon. than such Company shall be entitled to receive, if It es desire*. and City shall deliver seek *want of effluent daily to C ^mpsay. or nay portion ihorsof desired by Comps", at the rats and in the volume and of the quality sat forth to this contract. On ar before the tsntk day of cash salsndar month City shall hill Morison Smelting and Refining Company for all water charges incurred by American Smelting and Rotining Company hereunder far the preceding calendar mosih and with. is fifteen (15) doge thereafter, imarl"A melting and 8eflaing Company shall nab payment to City far all ouch dater so token daring the preesding salasdar math'. 11. Paragraph P of the contract abe" reform to dated Jae 23. 19W. wherein it provided, 0GiV Apo" tmt it will treat mai.d'sYfl�t water so, that #arw rri11 eriatsia a #hleruo residual at the ,point whom doliyery is taken bsrecmder by Asariven Smelting and Refiniag " Is herebr eneoded se that whew so *seeded saws shall rem u follower `Cllr Apwe tbet it *iii, mbar the r*plor treated water supply of the City is Inadequate to ly tin serge of the compaasp as provided in its contrast dated June 188 1941a treat said effluent ester so that it will maintain a ehlcriM residual at the point where dolt +cry ie taken harearnder lay Aaoerieas Smoltiag sad Rafining Company uadsr tno provisions of its anmtrsct dated June 250 IVA. The period of inadequate supply of regular trsat*d water ahall be doter. mimed by the City ltm"pr by Riving written **ties to the Cmspaay atlaast thirty (30) days bofore the supply of treated rater boommes inadequate to supply City, **der the provisions Of the somtrast between the City of Carpus Christi and Ameriesn Smelting and Refining Compeer dated the 18th of Jwas, 19411. III. All tats remaining provisions of the eontroot alcove dsseribod dated June 23. 1946. sba11 owatinue in full fords sad effs*t and shall not otherwise be effected by this agraenemt. This egreesent #ball net affeet any of the prs- risiene of the ocatr"t dated the 18th day of Joao, 1941. entered into between City of Corp" Christi and Aneriesm Sseltiag and Refining Compmay. In witasse **roof# this instrament is smeouted this � dap of Jn1y, 1%0. AT?Ws CITT or CORMS CHRISTI ANUICAR SMTLR6 04D RVINTIM CO?aART Tae RUTI of TEM cow" or KMO NMRe rx, the undersigned authority, oft this day personally appeared known to me to be the parwa and *Me*? abase aaar is sabsarlbed to the foregoing iattrwrat sad nekaouledesd to as that the nuae me the set of the said MY or cow" CHRISTI, a samielpal oorporatlsa, and that he eszaeutsd the same as the eat of rook sorpsrstion for the perpoess and ocnelderation therein oxprutad, end In the aaposity therein stated. Clams under my hand and anal of offioo this _ day of daly, 19W. Novy o ra r use ©aunty, Texas Mg 5TUT ^F 'V11W YOU C^OINT7 or MORE kue, the undersigned autbority. on this day personally appoarad . knows to ae to be the peraon and offloer whose Bare is eubaeritad to the forogaing instrrament and acknowledged to no that the aims Mae the oat of the said WiRICA3 SMTIT4 ARC RVV,,r'a6 CMFA?Y, a sorpor- atioa for the purpsee and consideration thereto expressed, and in the espaoity therein stated. 61rea ,mder say hand sad Baal of offloe this _ day of duly, 1,?J0. 19twy publis County, `ow York SECTION 2. The necessity for amending the existing ocn- tract for the interest of all parties, creates a public emergency and public imperative necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date it in introduced and that such ordinance or resolution shall be read at three several meetings of the City Council, and the mayor hav- ing declared that such public emergency and i.mpergtive necessity east, and having requested that such Charter rule be enspeaded, and that this ordinance be passed finally on the date of its introduction and take effect and be in full fofoe and effect from sad after its passage, IT IS ACCORDINGLY 60 ORDAINED. PASSED AND APPROVED this Z(s day of July, A. D. 19LO. City of Corpus Christi, Texas ATTEM City Seofttary APPROVED AS TO LEGAL FOR.Mt - C—�Q'M-L �- CE77 Attbrnsy Corpus Christi, Texas July '&_, 1949 TO TEE MMERS OF THE CITY COUNCIL CITY OF CORPUS CHRISTI, TE%A3 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 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 several meetings of the City Council; I, therefore, hereby request that you suspend said Charter rule or requirement and pass this ordinance finally on the date it is introduced, or at the pro - sent meeting of the City Council. x5401 Respectfully, gkmu�� - City of Corpus Christi, Texas The Charter rule was suspended by the following votes Leslie Wasserman Jack DeForrest Barney Cott Sydney E. Herndon George L. Lowmun The above above ordi.nanoe was passed by the folloi ng votes Leslie Wasserman Jack DeForrest Barney Cott Cott Sydney S. Heradam George Lo Iowan x5401