HomeMy WebLinkAbout03157 ORD - 11/13/19510.
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AN ORDINANCE � /.S -7
AUTHORIZING AND DIRECTING THE CITY MANAGER FOR
AND ON BEHALF OF TILE CITY TO EXECUTE A CONTRACT
WITH THE UNITED STATES OF AMERICA ACTING THROUGH
ITS DEPARTMENT OF THE NAVY FOR TILE SALE AND SUPPLY
BY THE CITY OF TREATED WATER, DELIVERY TO BE MADE
AT SERVICE LOCATIONS OF NAVAL AIR STATION, RODD
FIELD, CABANISS FIELD AND CUDDIHY FIELD, SAID
WATER TO BE SOLD AT SPECIFIED QUANTITIES AND RATES FOR
AN IND=- -MINED TERM SUBJECT TO TERMINATION BY
EITHER PARTY BY THE GIVING OF NOT LESS THAN SIXTY
(60) DAYS OF ADVANCE WRITTEN NOTICE, AND PROVIDING
CERTAIN OTHER COVENANTS AND AGREEPlENTS AS DEFINED
IN THE TEIMS AND CONDITIONS OF SAID CONTRACT, A
COPY OF WHICH IS ATTACHED HERETO AND MADE A PART
HEREOF; AND DECLARING AN EMERGENCY.
INIEREAS, The City of Corpus Christi is desirous of furnishing
and selling to said United States of America acting through its Department of
the Navy the treated water needed by its operations in the operation of its
Naval base and auxiliary fields named in said contract;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. That the City Manager be and he is hereby authorized
and directed for and on behalf of the City of Corpus Christi to execute a con-
tract with the United States of America acting through its Department of
the Navy, for the supplying of treated water in specified quantities at speci-
fied rates as shown by the terms of said contract, a copy of which is attached
hereto and made a part hereof, reading as follows, to —wit:
3I
Contract Ploy(U) -22044
NLMTL:TL•D iiATER SERVICE CONTRACT
eGTH
CITY OF COAFUS CHRISTI e+ATLR & G,~S DEPT.
CORPUS CHRISTI, TMAS
FOR
ViIRIOUS NAV.II. ACTIVITLS
ENGINEER
0
o'P.o
y'Tf0 STATES
CONTRACT Wy(U) -22044
DISTRICT PUBLIC WORKS OFFICE
EIGHTH NAVAL DISTRICT
U.S. NAVAL STATION
NEW ORLEANS 12, LA.
UP7CI,i�S:;IFIi�D
DP &PO- NOLA -8M
NAVDOCKS 504
Rev. 1 September 1950
Contract NOy(U) 2
DEPARTMENT OF THE NAVY
NEGOTIATED WATER SERVICE CONTRACT
U. S. Naval Air Station & kwdliow Naval ActWtiso Corpue Christi, Tax.
Premises to be, served) City County State
City of Corpus Christi later +': Gas Dept. 501 Mescjuito 3t.,Ccrpua Christi,Tax.
Contractor Contractor's address
Premises are: ( x) Government Owned
( ) Government Leased
Symbol No. of Lease
Name of Lessor
Estimated annual cost hereunder w 119,367.60
Connection charge none
Bills will be rendered to U. S. Naval Air Station
at Corpus Christ, Tea
Payments will be made by Navy Regional Accounts Office
at U. S. Naval atation, Now Orleans, 12, La.
This negotiated contract is made pursuant to the provisions of Section
2(c) (10) of the Armed Services Procurement Act of 1947 (Public Law 413,
80th Congress).
Appro ri tion chargeable: VGr10U9 F Ev. Aect. 45303; obj. Claws 053
Allot: 30jQ30121; aggro. 17sA88S; allot: 38000-216, exp. acct: 98019
Obj. Class: 053; spe:oialdleposition ;•ragn. 216 /9506/5?
Auto hol lv%4 allot: (216) Corpus Christi, Tex.
Acct. act: (205) U. S. N. S. Nat- Orleans, La.
R qn. 285/3006/52 Recn. 216/9505/52
Aill.ot: 16020 m 17=02.11 ;.ndical Care Navy, 1952; Acct: 45805
Ob j. Class: 053..:ct. floldlrig .1.lot: 285 — 13. S. Naval llosrital
Corpus Christi, Texas
0 -
Contract 170y(U) 2'04
DEPARTMENT OF THE NAVY
NEGOTIATED Water SERVICE CONTRACT
THIS CONTRACT, entered into as of 1 Jaly 19'ra , by and
between the UNITED STATES OF AMERICA, hereinafter called the Government,
represented by the Contracting Officer executing this contract, and
City of Corpus Chried, eater & rss Dept,
vi,n an .... is Sol iamm".1.e
hereinafter
WITNESSETH That the parties hereto do mutually agree as follows:,
1. SCOPE AND TERM OF CONTRACT. (a) Subject to the terms and conditions
hereinafter set forth, the Contractor shall sell and deliver to the Govern-
ment and the Government shall purchase and receive from the Contractor
Amter service•(hereinafter called service) requested by the
Government from the Contractor at the premises to be served hereunder (here-
inafter called the service location), all in accordance with weter
Service Specifications attached hereto and made a part
hereof.
(b) This contract_shall continue in effect until terminated at
the option of tbgaf9mmmmant by the giving of not less than 60
days advance/44ritten notice of the effective date of termination.
sif'Ira ✓. j7g4i
(c) (i) For and in consideration of the faithful performance of the
stipulations of this contract, the Contractor shall be paid by the de-
signated disbursing office or officer for service herein contracted for,
at the rates and under the terms and conditions herein set forth; pro-
vided, that the Government shall be liable for the minimum monthly charge
specified in this contract commencing with the billing period in which
service is initially furnished thereto and continuing until this con-
tract is terminated, except that the minimum monthly charge specified
in this contract shall be equitably prorated for the billing period in
which commencement and termination of this contract shall become effective,
(ii) The Contractor hereby declares that said rates are not in
excess of the lowest rates now available to any prospective customer under
like conditions of service, and agrees that during the life of this con-
tract the Government shall continue to be billed at the lowest available
rate for similar conditions of service.
(iii) Recognition is given to the fact that the Government fis-
cal year ends on 30 June. Payments hereunder shall be contingent upon the
availability of appropriations therefor, and shall not be made in advance
of service rendered.
'a
(iv) All bills for service shall be paid without penalty or in-
terest and the Government shall be entitled to any discounts customarily
applicable-to payment of bills by all customers of the Contractor..
(v) Invoices for service rendered hereunder shall contain state-
ments of the meter readings at the beginning of the billing period, meter
constants, consumption during the billing period and such other pertinent
data as shall be required by the Government.
2. TECHNICAL PROVISIONS. (a) Measurement of Service. (i) All service
furnished by the Contractor shall be measured by suitable metering equip-
ment of standard manufacture, to be furnished, installed, maintained,
calibrated and read by the Contractor at its expense. When more than a
single meter is installed at the service location, the readings thereof
shall be billed conjunctively. In the event any meter fails to register
or registers incorrectly the service furnished there - through, the parties
shall agree upon the length.of period during which such meter failed to
register or registered incorrectly and the quantity of service delivered
there - through during such period and, upon agreement, an appropriate
adjustment based thereon shall be made in the Government's bills. For
the purpose of the preceding sentence, any meter which registers not
more than two (2) percent slow or fast shall be deemed correct.
(ii) The Contractor, so far as possible, shall read all meters
at periodic intervals of approximately thirty (30) days. All billings
based on meter readings of less than twenty -seven (27) days or more than
thirty -two (32) days shall be prorated according -y.,•,
(b) Meter Test. The Contractor, at its expense, shall periodically
inspect and test the meters installed by it at intervals not exceeding
one (1) year. At the written request of the Contracting Officer the Con-
tractor shall make additional tests of any or all of such meters in the
presence of Government representatives. The cost of such additional tests
shall be borne by the Government if the percentage of error is found to•
be not more than two (2) percent slow or fast. No meter shall be
placed in service or allowed to remain in service which has an error in
registration in excess of two (2) percent under normal operating conditions.
(c) Change'in Volume or Character. Reasonable notice shall, so far
as possible, be given by the Contracting Officer to the Contractor respect-
ing any material changes proposed in the volume or characteristics of the
utility service required at each location.
(d) Continuity of Service and Consumption. (i) The Contractor shall
use reasonable diligence to provide a regular and uninterrupted supply of
service at the service location, but shall not be liable for damages,
breach of contract or otherwise to the Government for failure, suspension,
dimunition or other variations of service occasioned by or in consequence
of any cause beyond the control of the Contractor, including but not
limited to acts of God.or of the public enemy, fires, floods, earthquakes
or other catastrophes,:gtrikes Ar_ failure or breakdown of transmission or
"'-other.facilities; providedj_that when any such failure; suspension, dimuni-
tion,,or variation of 'service:shall aggregate more than ten'(10),hours
during any,billing,period,hereunder,'*'an 6qiiit"l;,id'justr��ni' shallIe,made
'imnihly" - - (Iii2 - - minimum ,
in the rate s'- �P68 itied:' in'thi 6' c�o�tiaci cl�di��ti6
-monthly-c ge)
-Vj'
t
ite the- service
including
but not limited to acts of`God or -of the public e S,
4earthquakes or otherrcatastrophes,EOr strikes, an equitable -Adjustment
shall' be made "in the_inonthly rates specified in C 0��Ziva�'ng
" the minimum e Goveimmei�t 1, is
unable_ to oper i6 6�ch`servi o at n' n le or ii part shall exceed
fifteen,15Y,daYs- duii4•dW billing period hereunder.
".,,',3t.�RATES. AND C-HAR-GES�"�' (a)'Foi all,servIce t�idei,this contract
i _'
"'-,to-"the,�e7i5!_loqation'tbe 6�4'erhmelrt shall .psy,
schedule JEE95, PeW H- "14attiich6d,h�iet6'iCna-ii�.d6-EL-pa t pf-, s con
4V u
W 0—
rate.
(t)For,p�irpoieid of- chiLige&ufider paragraph�.'(a) of this clause, pay
man_ds'&�e_i67:61U�`y, 'o'perati 'f`'_'i' or -einjfpte6stire
de on o .Or" excess ve -fluctua
Y�s - — ' included as part of the Go4ein-
on, the'66n�racth�'i'_s te6shall not be
ment's demand.
W
'Lt'W' - N-4
Se. -Xf
!CokTladMR�!VIPACILITIi�§.Yr,(q)'Th�i Contractor, at its expensi.'shall
fi�rnish,-install;'operate-and.maintain all 'f�cilities requir8d� to,-tuiLish
I . ", -- 47 - � — , , - __ '_ `_ - -
service hereunder to and measure such service; as of the p6iA"6ileifvery
_�:pecified,in the.Service.Specifications.-.-Title to all such•facilities
haii .,b 6,. aheiem'a ih' iA- '60ntActiori and the-, Contractor shall be respon-
; #'a , -,Ld�� "?�, S h7 kacilitiis • sjb_jj__ jo-' ll '16'&_s"6i -or" 1� �'�fc 'i uc
'Thg '66vern nt-hereby"grantk"to ibe,C6iAractor, free of.any,,
rentalwor.simi]arickiarge; but siib3e'ct"18,,thi:limittitibi2s"ii cified•in to the -ie24icd' lo6atior f'o"r any
6ntraEt;.'9 revocable, permit " e
pioper'purpose under this contieA," in6luding use ofthe site.or Bites
agreed upon by the'paitle's�_ hereto. I for the I insta - llation,.ope I ration 4 and main-
ten-an,ce' of -the facilities of the Contractor required to be located upon
Government premises, all-of,which facilities shall be and remain the sole
"._,iropeitY.Pf th6`jC6nti6ct6r_ and shal.1 'at all timeas,,duiing th6- life of.,this
the'&(;fitr4i8idr,,it itiexv'eho_ e * and
liability arising oi}t of the
such
` loved 46L"''t6'the'f ' a6ilitli6s, ''cf',th
:zf I e form tobligations of,thedbAr
- Such- facilities -shall be' reioiid.and
original - condition Vy',the CoM4actoi
time after the Governmint'sball,iii'O
any.,event within a reasonable time a
%
0 the C struc-
facilities shall be assumd by - '
i - ve6'6fth4,68ntraci6T will be al-
6�,iract6r it suitabl6'tiMeiIt&,
6i, with ,respect ,to such facilities.
vernment premises restored to *their
its expense within i-Aasofiible
the-permit herein granted and in
r . termination of this contract,
. i
provided that in the event of termination due to fault of the Contractor
such facilities may be retained in place at the option of the Government
until service comparable to that provided for hereunder is obtained else-
where. It is expressly understood,'however, that proper military or
Governmental authority may limit or restrict the right of access herein-
granted in any manner considered by such authority to be necessary for
the national security.
5. PUBLIC REGULATION AMID CHANGE OF RATES. (a) Public Regulation.
Service furnished under this contract shall be subject to regulation in the
manner and to the extent prescribed by law by any federal, state or local
regulatory commission having jurisdiction. If during the term of this
contract the public regulatory commission having jurisdiction receives
for file in authorized manner rates that are higher -or rates that are lower
than these stipulated herein for like conditions of service, the Con-
tractor agrees to continue to furnish service as stipulated in this con-
tract and the Government agrees to pay for such service at the higher or
lower rates from and after the date when such rates are made effective.
(b) Change of Rates. (i) Subject to paragraph'(a) of this clause,
in the event the Contractor, during the -term of this contract, shall make
effective any new rate schedule or amended rate schedule applicable to
the class of service furnished the Government at the service location
which may contain a lower rate or conditions more favorable to the
Government for such class of service,.the Contractor shall forward to the
Contracting Officer a copy of such rate schedule or amended rate schedule
within fifteen (15) days after the effective date thereof, and, upon
receipt of written request from the Government, shall substitute such
rate schedule or amended rate schedule for the rate schedule then in ef-
fect hereunder for such service location, commencing with the billing
period in which such written request is received.
(ii) Subject to paragraph (a) of this clause, in the event of
a permanent change in the class of service furnished the Government at
the service location, service shall, effective sixty (60) days after
written request is made.by either party or at such other time as may be
agreed upon, thereafter be furnished to such service location at the lowest
available rate schedule of the Contractor which is applicable to the
class of service furnished following such permanent change.
6. OFFICIALS NOT TO BENEFIT. No member of or delegate to Congress, or
resident commissioner, shall be admitted to any share or part of this
contract, or to any benefit that may arise therefrom; but this provision
shall not be construed to extend to this contract if made with a corpora-
tion for its general benefit.
7. COVENANT AGAINST CONTINGENT FEES. The Contractor warrants that no per-
son or selling agency has been employed or retained to solicit or secure
this contract upon an agreement or understanding for a commission, percent-
age, brokerage, or contingent fee, excepting bona fide employees or bona
fide established commercial or selling agencies maintained by the Contractor
for the purpose of securing business. For breach or violation of this
warranty the Government shall have the right to annul this contract without
liability or in its discretion to deduct from the contract price or consi-
deration the full amount of such commission, percentage, brokerage, or
contingent fee.
8. ASSIGNMENT OF CLAIMS. No claim under this contract shall be assigned.
9. CONVICT LABOR. In connection with the performance of work under this
contract, the Contractor agrees not to employ any person undergoing sentence
of imprisonment at hard labor.
10. NONDISCRIMINATION IN EMPLOYMENT. In connection with the performance
of work under this contract, the Contractor agrees not to discriminate
against any employee or applicant for employment because of race, creed,
color, or national origin; and further agrees to insert the foregoing
provision in all subcontracts hereunder except subcontracts for standard
commercial supplies or for raK materials.
11. DISPUTES• Except as otherwise provided in this contract, any dis-
pute concerning a question of fact arising under this contract -which is
not disposed of by agreement shall be decided by the Contracting Officer,
who shall reduce his decision to writing and mail or otherwise furnish a
copy thereof to the Contractor. Within 30 days from the date of receipt
of such copy, the contractor may appeal by mailing or otherwise furnishing
to the Contracting Officer a written appeal addressed to the Secretary,
and the decision of the Secretary or his duly authorized representative
for the hearing of such appeals shall be final and conclusive; provided
that, if no such appeal is taken, the decision of the Contracting Officer
shall be final and conclusive. In connection with any appeal proceeding
under this clause, the Contractor shall be afforded an opportunity to be
heard and to offer evidence in support of its appeal. Pending final
decision of a dispute hereunder, the Contractor shall proceed diligently
with the performance of the contract and in accordance with the_ Contracting,
Officer's decision.
12. DEFINITIONS. As used throughout this contract, the following terms
shall have the meanings set forth below:
(a) The term "Secretary" means the Secretary, the Under Secretary,
or any Assistant Secretary of the Department and the head or any assistant
head of the executive agency; and the term "his duly authorized representa-
tive" means any person or persons or board (other than the Contracting
Officer) authorized to act for the Secretary.
(b) The term "Contracting Officer" means the person executing this
contract on behalf of the Government, and any other officer or civilian
7 77
e'to en'wlio is�fdt +` griatecl� Oon ractin l0 f 'de'r• =dTthe term q _
mp ye properlytcfiesi g ,
includes, except as otherwise provi�eil `iiC}�liis, con£rac`t�b*the:F�'u�Hori'• ed `;' -•
•his µ` 1
•.'representative of a Contracting Officer acting - within the limits of '
- .. .authori.tyylU c�1Tu tP3liY ='d. ��.x'F -
=" .�W_Except.,as,�othe wise.:$provided in this contract, the term' "su$ - c
contracts" includes purchase orders under this contract. -
°^ 13. CONFLICTS. To the extent of any inconsistency between the provisions'
- -..-=of- this_cohtraaty - and',any..schedule, rider or exhibit incorporated in this
contract'by"r`eference or otherwise, or any of the Contractor's rules and
;;- regulations, the provisions of this contract shall control. F
Ue (ioTOnt asg, by yvrittan' notice t0' the Co?i$ractArr
E ;^ teri to the right of tbo Gbiltrnctor.td Vroc"d .thiy l.ortzscx i!'.it•
i 3s -fo=d, attar notice and bAar3ngp by the secretary or hir duly suthari�id`
iF�atstive tit `g tuittsr .(in ,the form of Ontertal&ant • gtftey,
�'otbarlClim) Vera dtferea or given. by Vld-C=UtCW*4* taw ' 4"t, 0: re-
irsiitntirai of the 00�i to ainlr otticsr'or i9;d0jiW of the t10-
wi i a eieri- fo rd ?rig a Co�,et, or = ieeuring. tavoisgid tiaaumt. With
._ respect to`#.hei altirdin9 or emeadings or tha is>;irig of any detaxqiaatiaits r1t�i'
;; xepipee t to, the Pwformistg� ::o *° such. Cgaf ctit ;�Pat�1,Y,I,D..s that the "r=litteiire: of
°: t�ia- filets upoa,- `diic2t the •secreter� °or his" du7yy attthori` rspreaaxitativtlie`''�
L` 16 ] j,wzc_h !#n ingri�ec]3 Da ,ia 3 ®tua sad.T be.l'abiiraed a�1 auy o a4a t.'
$atfd:3
- -.._`^ ��^" ��_':w7s:r.�:r:.�xt�.�,.....c. ► aa�, n,,:, a•;.:...►.: Ya?a�+ Kiraa` �` ca- �'= .;w:;w- A,cv"aw- �ier..,;i, •. "�
eabtiniE' (as deterstinefl by ihe. I�ecretarl! or hii du],y,rsae9stve)'• `
�*;�,*ich �sbaU be wt Uts th%& Una nor morel than tali'' 8imer tine costs nrurrcd
W 'the•Coutmetor•-iu providing Q such grntuitth to aivr•suah officer, ar
*{C� i'k� :3ghti"nad"sesied ie `Cf5` GQV6rrmiMAt pioirifl0d. ill_ this tiatisa -
wh.11, act be axClnsiare end ctro in additioa, t0 �' oti?er rights- sad
j:provi?esd by 79V t1T OndEr t�f.COIItr6Ct�� • (jEiJZ'9.3SZOLX'YO.��' -
SIItTi1TT E 1iF TVISft? 00 a1'If!{:"TM
33t�iTA�i2 �
7'
IN, WITNESS W,fMREOF,,- the, parties, hereto have executed this contract as
of the day and yeaK.first .aboye written.
THE UNITED STATES OF,AMICA
,lo on E: HJ U..Z.L: X 7. Iv:-
Lt a,5 v
." Contractor ,.(Cont,r F-)
7 T 7f 7
sn'l 2,��
%ns- %g -z'f
n,0 k UT.;�tsq:m '10 "IMI-> lv4 CO* c ,T:Ctle_,`i, yi e
7-W VSj aati—a --it v; t'z1F"tm-
_F
C= _-t 11,zVf� I O'k E
AM.- talo, ixt6 all tz ,__%kv1 rS2
ett wm;% 0'T 6d
certify that I am the
Secretary of-the, corporatiow-named` ds'Ccntiactor in the foregoing contract;
thEit !Wz!'V'1Z t'3 -who' signed said contract on
behalf of'the Contractor was then — — i '. ; . of-said cor-
porati6n;' that-sixii�- contriicit--W6 duly signed for and'in behalf. of•'Baid
corporation by."i).iith6-r--ity` 'of-.-,'ifs and is within the scope of
its 6oipordte- -powers.., -, ail Y",
(Corporate Beal)
TYPEWRITE OR PRINT NAMES UNDER
ALL SIGNATURES
0
0,71hract,
U S r Naval ActiviUes a listed
m-211u",o `P:' R j
'6TV
Gallano-
,,olnt rif (Iellveriy of war.er kiball be
8,"hefe below
') r ;aVM The Contract-w ohaD Nave as listed
j:P-11-wx3 Wniitr :-,t th- p,'10,
-),r not Ivati
of i.,i Th(�
f-7,r IQ
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wu z,,,i,!h
api tray iie M.1- fr'J'I Uz`•., t! .r;:
6 !,nter ":01 Ur'
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I;rl",;, .1 'sted bc
I OF C-41111117—,�-i",�-,-, �qp'. ',Vt) �,,)Jffj �).F as Ii lov
AXI
SERVICE LOCATIOUS, G. P. It DBLIVMY POI1V OF DELIVERS MAIM
Naval Air station 3,000 S.P.M. To venturl motor located 16" =,l2"
near Naval Reservation
boundary.
Rodd Field 500 " To 6-inch mater jocaw
near Naral Fterywvamiou
boundary
Cub=±os 500 " To 6-,.Inch meter located
near Naval Reservation
boundary 6"
Cuddiby 2300 To locationp No. 1,,4-Inch . 2-4"
each rioter on Havy property No.P
3-incl, meter oa Ifav Pro-,e?,'tY 1-3"
No- 3p4-Inch mater on Ittvy
property
Cuya Del Oso Peary PxW 'Flace
Houring 500 g.p.m. To a 6" meter near IlEng Rerer-
vation Boundary OF
N7
SECTION 2. The fact that the parties hereto have agreed
upon the rate to be charged for water and the other provisions of said
contract becoming effective as of July 1, 1951 requires the immediate
execution of said contract and 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 and that such ordinance or resolution shall be read at three
several meetings of the City Council, and the Mayor, having declared such emer-
gency and necessity to exist, requesting the'suspension of said 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 PASSED AND APPROVED This the day of ';Notieziber, A. D. 1951.
City Secretary
APPROVED AS TO LEGAL FORMt
City Attorney
NIAY0 '
City of Corpus Christi, Texas
X157
Corpus Christi, Texas
. �f'LLGswG6U /�,
/ J.Sry
TO THE MEG'BERS OF THE CITY COUACIL
Corpus Christi, Texas
Gentlemen:
For the reasons set forth in the emergency clause of the fore -
going 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, hereby 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 Counoil.
Respectfully,
City of Corpus Christi, Texas
The Charter rule was suspended by the following vote:
Leslie Wasserman
Q
Jack DeForrest
Barney Cott
Sydney E. Herndon
George L. Lowman
M
The above ordinance was
passed by the following vote:
Leslie Wasserman
Jack DeForrest
.
Barney Cott
Sydney E. Herndon
J
George L. Lowman