HomeMy WebLinkAbout03333 ORD - 10/14/1952':
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER FOR
AND ON BEHALF OF THE'CITY TO EXECUTE A CONTRACT
IN THREE PARTS WITH FIECTRO RUST - PROOFING CORPORA-
TION (N.J.) TO FURNISH THE CITY A COMPLETE SYSTEM
OF CATHODIC PROTECTION TO PROTECT THE MORGAN STREET
AND SAM RANKIN STREET WATER TANKS IN THE CITY OF
CORPUS CHRISTI, AND TO PROVIDE MAINTENANCE AND RE-
PAIR SERVICE THEREON, UNDER THE TERMS AND CONDITIONS
OF SAID CONTRACT IN THREE PARTS, COPIES OF WHICH ARE
ATTACHED HERETO AND MADE A PART HEREOF, FOR AND IN
CONSIDERATION OF PAYMENT OF NINE HUNDRED TWENTY -NINE
DOLLARS TO IT FOR SUCH SYSTEM AND SERVICES, SUCH
AMOUNT TO BE PAID OUT OF NO. 141 WATER MAINTENANCE
AND OPERATION FUND; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION I. T HAT THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED
AND DIRECTED FOR AND ON BEHALF OF THE CITY TO EXECUTE A CONTRACT IN THREE
PARTS WITH ELECTRO RUST - PROOFING CORPORATION (N.J.) TO FURNISH THE CITY A
COMPLETE SYSTEM OF CATHODIC PROTECTION TO PROTECT THE MORGAN STREET AND SAM
RANKIN STREET WATER TANKS IN THE CITY OF CORPUS CHRISTI, AND TO PROVIDE MAIN-
TENANCE AND REPAIR SERVICE THEREON, UNDER THE TERMS AND CONDITIONS OF SAID
I
CONTRACT IN THREE PARTS, COPIES OF WHICH ARE ATTACHED HERETO AND MADE A
PART HEREOF.
SECTION 2. THAT PAYMENT, IN ACCORDANCE WITH SUCH CONTRACT, FOR SUCH
SYSTEM AND SERVICE DESCRIBED IN SECTION 1 HEREOF, IN THE AMOUNT OF NINE HUNDRED
TWENTY -NINE DOLLARS HE PAID FROM NO. 141 WATER MAINTENANCE AND OPERATION FUND,
AND CHARGEABLE AGAINST APPROPRIATIONS PREVIOUSLY MADE FOR WATER DISTRIBUTION
SYSTEM - MAINTENANCE AND OPERATIONS - CODE DG - MAINTENANCE OF BUILDINGS AND
GROUNDS.
SECTION 3. THAT THE NECESSITY FOR PROTECTING CITY EQUIPMENT AT ALL
TIMES AND THE IMMEDIATE EXECUTION OF THE AFORESAID CONTRACTS FOR SUCH PUR-
POSE, CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLICNECESSITY 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
3333
THE MAYOR, HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING
REQUESTED THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE BE
PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT IT TAKE EFFECT AND
BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY
PASSED AND APPROVED THIS THE�DAY OF OCTOBER, A.D. 1952.
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�CICA 4C
MAYOR
CITY OF CORPUS CHRISTI, TEXAS
TEST:
CITY SECRETARY
APPROVED AS TO EGAL FORM:
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CITY ATTOR
-2-
Corpus Christi, Texas
TO T11S MEMBERS OF THE CITY COUNCIL
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 suspen-
sion 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 Council,
Respectfully,
MAYOR
City of Corpus Christi, Texas
The Charter rule was suspended by the following vote:
Leslie Wasserman —�-
Jack DeForrest
Sydney E. Herndon
George L. Lowman G n
Frank E. Williamson
The above ordinance was passed by
the following vote:
Leslie Wasserman_
Jack DeForrest
Sydney E. Herndon
George L. Lowman
Frank E. Williamson
3333
.• ELECTRO
RUST- PROOFING
CORPORATION (N.J.)
BELLEVILLE 9, NEW JERSEY JOB No. .........
2"�34.
E 0 P 7 RrAl4ltlix..t ............19M
PROPOSAL •
To.......................................... my...at -lo Act• pu/... MrUti................................................................................................
................................. ................ ... 21ZAA 1 ............... ...................................................................................................
(Her elnatter called the Puxchasex)
Electro Rust- Proofing Corporation (hereinafter called the Company) proposes to design and furnish fob. Belleville,
N. J., one complete system of cathodic protection (hereinafter called the Equipment) as described below, subject to the
following terms and conditions:
A. PRICE: The total amount due hereunder is ...33200 .................(exclusive of taxes, if any, and shipping charges,
and as conditioned below). Such sales, excise, use or similar taxes as maybe applicable
shall he borne by the Purchaser. (Strike out one).
The equipment shall be shipped trelgh (strike out one)
consigned and marked as indicated below.
B. TERMS: Net thirty days after date of installation unless the installation is delayed by the Purchaser more than
60 days after date of shipment in which event payment shall become due at the expiration of such 60 -day period.
C. EQUIPMENT: The Equipment to be furnished shall consist of:
1.. 5J aalpare 2 cir�t unit.
2. Eleotrodee for tank and riser.
3. Nisoellanaous material.
4. All necessary labor
5. Included to 625.00 allotmace for old unit.
D. INSTALLATION: Electro Rast•Froofing Corporation
S
E. STRUCTURE DESCRIPTION: The Purchaser represents to the Company that thWfollowing is a complete and
correct description of the construction and condition of the structure:
1. 250 *000 Gallon Elsnted Unk
2, Tank diameter 321 Height 361
3. Riser diameter 31 Height 691
F. AREA TO BE PROTECTED: Based upon the representation made by the Purchaser to the Company in E above,
the Equipment -shall be designed to provide cathodic protection to the following:
1, Submerged areas of tank.
2, Interior of lrieer,
G. SHIPPING INSTRUCTIONS:
This proposal is subject to the terms and conditions on the reverse hereof which are hereby made a part of this proposal.
Purchaser please sign in duplicate. Proposal made by
One file copy will be returned.
.................. ..........................................
........ ....
Bales Representative
Accepted .............................. .....................19........ ELECTRO RUST - PROOFING CORPORATION (N.J.)
By
Approved on bebalf of Electro Rust - Proofing
Corporation (N. J.) at Belleville, New Jersey
Pnrchaeer
................................. ...................19..........
Authorized Officlal
By ......................... ..............................
..............................
Authorized Official
Title
Title
PLEASE READ THE OTHER SIDE OF THIS PROPOSAL BEFORE SIGNING.
rb— 12ts -11 -22-50 tar FILE COPY [IN —us A
H. GUARANTEE: The company warrants for a period of one year after shipment
that the Equipment shipped of its manufacture is free from defects in workman-
ship and materials but its liability hereunder is limited to the replacement f. o. b.
Belleville, N. J•, of such defective parts. The Company shall not be liable for
consequential damages or any direct damages other than as expressly stated herein.
I.• TITLE: Title to Equipment shall not pass to Purchaser until the full price stated
above bas been collected in cash by the Company. On failure to pay, the Com-
pany may, at its option, enter the premises without notice and remove the
Equipment.
J. FORCE MAJEURE: The furnishing of the Equipment is subject to delay or can-
cellation caused by war, accidents, strikes, inability to secure labor and raw
material, fires, embargoes, car shortages, delays in transportation, governmental
restraints of any kind, and all other causes whether of the same or of a different
class, affecting the production, delivery or installation of the whole or any
constituent part thereof.
K. ACCEPTANCE: This proposal is subject to acceptance by the Purchaser wdthin
30 days and thereafter at the Company's option and when so accepted and there-
after approved by the authorized official of the Company shall constitute a contract
between the parties made at Belleville, N. J., and shall be binding upon the heirs,
executors, successors, assigns and representatives of both parties.
L. CONTRACT: It is expressly understood by both patties that upon acceptance
by the Purchaser and approval by the Company, this contract includes all (and
that there are no other or different) warranties, express or implied representations,
promises, agreements or statements in connection with the sale or installation of the
Equipment.
ELECTRO
RUST - PROOFING
CORPORATION (N.J.)
BELLEVILLE 9, rNEW JERSEY Jos No 3.07 .......................
—iizx_
PROPOSAL
hW .,26 .............19 —u
To.......................................... .............:........CitT.of.. Carpus.. ChrSst3........................................:. :..............................
................................................... .....................Qs1x'Daa.. ............................................................ ...............................
............. ............................... ............................'263 F! 4!1. .. ........................................ ...............................
(Hereinafter celled the Purchaser)
Electco Rust-Proofing Corporation (hereinafter called the Company) proposes to design and furnish f.o.b. Belleville,
N. J., one complete system of cathodic protection (hereinafter called the Equipment) as described below, subject to the
following terms and conditions:
A. PRICE: The total amount due hereunder is $..267,00 ...................(exclusive of taxes, if any, and shipping charges,
and as conditioned below). Such sales, excise, use or similar taxes as may be applicable
.haa l,e_Lorne bathe Pu_rehaser. (strike out one).
aiflr�a�wamao
The equipment shall be shipped re s prep. (strike out one)
consigned and marked as indicated below.
B. TERMS: Net thirty days after date of installation unless the installation is delayed by the Purchaser more than
60 days after date of shipment in which event payment shall become due at the expiration of such 60 -day period.
C. EQUIPMENT: The Equipment to be furnished shall consist of:
1: 8J ampere 1 circuit unit.
2. Electrodes for tai*.'
3. All necessary labor.
4. Included is 625.00 albowanoe for old unit.
D. INSTALLATION: Slectro Rust +Proo
Ping Corporation
E. STRUCTURE DESCRIPTION: The Purchaser represents to the Company that the following is a complete and
correct description of the construction and condition of the structure:
1. 500,000 Gallon Tslevated Tank
2, Tank diameter 461 Height 43'8"
3. Riser diametei 11 'Height 761
F. AREA TO BE PROTECTED: Based upon the representation made by the Purchaser to the Company in E above,
the Equipment shall be designed to provide cathodic protection to the following: -
l. Submerged surfacre of tank,
G. SHIPPING INSTRUCTIONS:
This proposal is subject to the terms and conditions on the reverse hereof which are hereby made a part of this proposal.
Purchaser please sign in duplicate.
One file copy will be returned.
Accepted............................ .....................19........
.............................................. ...............................
Purchaser
sy....................
Authorized OtHC1a1
................................................ ...............................
Title
Proposal made by
.................. P,,.4 1.. Fae4aian..............................................
sale. Hapreeantanre
ELECTRO RUST - PROOFING CORPORATION (N.J.)
Approved on behalf of Electro Rust - Proofing
Corporation (N. J.) at Belleville, New Jersey
................................. ...................19..........
By.....................................................
Authorized Official
Title
PLEASE READ THE OTHER SIDE OF THIS PROPOSAL, BEFORE SIGNING.
hbra, Lis— a -z•co lnt FILE COPY [°>°,'�J
H. GUARANTEE: The company warrants for a period of one year after shipment
that the Equipment shipped of its manufacture is free from defects in workman-
ship and materials but its liability hereunder is limited to the replacement f. o. b.
Belleville, N. J., of such defective parts. The Company shall not be liable for
consequential damages or any direct damages other than as expressly stated herein.
I. TITLE: Title to Equipment shall not pass to Purchaser until the full price stated
above has -been collected in cash by the Company. On failure to pay, the Com-
pany may, at its option, enter the premises without n_ otice and remove the
Equipment.
J. FORCE MAJEURE: The furnishing of the Equipment is subject to delay or can-
cellation caused by war, accidents, strikes, inability to secure labor and raw
material, fires, embargoes, car shortages, delays in transportation; governmental
restraints of any kind, and all other causes whether of the same or of a different
class, affecting the production, delivery or installation of the whole or any
constituent part thereof.
K. ACCEPTANCE: This proposal is subject to acceptance by the Purchaser within
30 days and thereafter at the Company's option and when so accepted and there-
after approved by the authorized official of the Company shall constitute a contract
between the parties made at Belleville, N. J., and shall be binding upon the heirs,
executors, successors, assigns and representatives of both parties.
L. CONTRACT: It is expressly understood by both parties that upon acceptance
by the Purchaser and approval by -the Company, this contract includes all (and
that there are no other or different) warranties, express or implied representations,
promises, agreements or statements in connection with the sale or installation of the
Equipment.
ELECTRO
RUST-PROOFING
CORPORATION (N.J.)
BELLEVILLE 9, N. J.
JJavevbor..26 .......... 19.51....
PROPOSAL E.2 P Y
To.................. ......................................................................................... ...............................
......................... corpus... C4riou.........................................................................................................................................
......................... T413M .................................. ............................................................................................................................
(Herelnattar called the Purchaser)
Electro Rust. Proofing Corporation (N. J.) (hereinafter called the Company) proposes to furnish maintenance and repair
service for the Cathodic Protection Systems listed below subject to the following terms and conditions:
A. PAYMENT: The total payment per year due hereunder (as conditioned below) is payable within 30 days after
the beginning of the period covered by this Proposal which is ......... ............................... to .......................................... and
annually thereafter until terminated by either patty in accordance with the provisions of F below.
B. SYSTEMS COVERED: This Proposal applies to the following Cathodic Protection,Systems (hereinafter called the
Equipment):
Date System
System No. Location Tank Capacity Type Installed
No. 3037 Corpus Christi 500,000 Flee. 1944
(Morgan Ski Tank)
Hoy 2337 Corpus Christi 2504000 laevv 1943
(Sam Rankin Stt Tank)
( tae vriaea are. sitwnit o ligmen on1v.' TOTAI
Purcbaser please inia Tone column delete the other two column, on
both copies to indicate which plan is selected and upon selection the in-
applicable paragraphs in (C) below shall be considered deleted therefrom.
Annual Rate
PLAN A
PLAN B
PLAN C
$196
#134
W1
$ 84
�33e
i �T
(Continue on reverse side if insuffident space here)
C. CHOICE OF SERVICE PLAN: SERVICE PLAN A —Thin is a Complete Service — The Company agrees to:
(1) Inspect the Equipment once during the period covered by this Proposal and once during each successive period
(2) Maintain the Equipment in operating condition by furnishing all labor and materials required to replace or repair
all parts thereof wom or damaged so as to impair the operation of the Equipment except those parts damaged
through war, fire, Art of God, negligence, tampering or other fault on the part of the Purchaser or other cause be-
yond the control of the Company, and
(3) Where ice conditions are encountered, replace after each ice season those parts which have been damaged by ice
so as to impair their operation.
SERVICE PLAN B — Thir is a Limited Service —The Company agrees to:
(1) Inspect and adjust the Equipment once during the period covered by this Proposal and once during each succes-
sive period.
(2) When making the annual inspection, furnish and replace anode stock as required, and
(3) If any other replacements and repairs are required, furnish labor and material at the Company's standard rates.
SERVICE PLAN C — This is an Inspection Service — The Company agrees to:
(1) Inspect and adjust'the Equipment once during the period covered by this Proposal, and
(2) If any replacements or repairs including replacement of anode stock are required, furnish labor and materials at
the Company's standard rates.
D. GENERAL CONDITIONS UNDER ALL PLANS: In addition to the above stipulations, under any Service Plan
covered by this Proposal the Company agrees to:
(1) Make a written report to the Purchaser regarding the condition of the tank and the operation of the Equipment
after each inspection.
(2) Furnish, upon request, evidence of Public Liability and Property Damage Insurance coverage to the limit of
$100,000, and
(3) Furnish Workmen's Compensation Coverage for its employees.
Under any Service Plan covered by this Proposal, the Purchaser agrees to (1) report to the Company at the above address
each three months, on forms which will be provided by the Company, describing the condition and operation of the Equip-
ment (2) report promptly in writing to the Company at the above address in the event the Equipment or any part thereof
discontinues to operate as specified by the Company (3) operate the Equipment in accordance with the Company's instruc-
tions and exert due diligence in its maintenance and care (4) make minor repairs, such as, but not limited m, the re-
placement of fuses, and (5 ) provide access to the Equipment for the Company's maintenance crew or other personnel
promptly following notice by the Company of intent to inspect the Equipment.
This Proposal is subject to the terms and conditions on the reverse hereof which are hereby made a part of this Proposal.
' Purchaser please sign in duplicate. Proposal made by
One copy will be returned.
1}7 .y ................
- '0t3 lice
Accepted ............................. ...................19•••..•.•.• ELECTRO RUST - PROOFING CORPORATION (N. J.)
Approved on behalf of Electro Rust - Proofing
Corporation (N. J.) at Belleville, N. J.
Purchaser
By......................................... ...............................
Aathorlaea omaal By .................................thor.................... ...............................
Authorized OBiclat
................................................. ............................... .................................................................. ...............................
Tate Title
PLEASE READ THE OTHER SIDE OF THIS PROPOSAL BEFORE SIGNING.
rose ,sea FILE COPY ra,x.an M e.....
R GUARANTEE: The Company guarantees for a period of one year after shipment that
the materials of its manufacture, furnished under this Proposal, are free -from defects in
workmanship and materials and that the workmanship of the proposed service shall
meet the Company's standards of quality, but its liability is limited to the replacement
f.o.b. Belleville, N. J., of such defective parts and f.o.b. job of such defective work-
manship.
The Company shall not be liable for consequential damages or any direct damages other
than as expressly stated herein.
P. CANCELLATION: The service proposed hereunder and the payment stated shall be
continued from year to year unless terminated 'by either party by notice in writing to
the other party of intention to terminate 90 days prior to any anniversary date of the
beginning of the period covered by this Proposal.
G. FORCE MAJEURE: Performance under this Proposal is subject to delay or cancella-
don caused by war, accidents, strikes, inability to secure labor and raw material, fires,
embargoes, car shortages, delays in transportation, governmental restraints of any kind
and all other causes whether of the same or of a different dam, affecting the production
or delivery of the whole or any constituent part thereof. Further, regardless of the
Plan selected by the Purchaser, the Company shall not be liable for failure to give
service beyond the Annual Inspection referred to above unless duly notified by the
Purchaser in writing at the above address that such service is required.
If, due to conditions beyond the Company's control, such as, but not limited to, local
or state laws and the requirements of labor unions, the Company is denied the free
selection of its labor to tender the proposed service, the Purchaser shall either furnish
the necessary labor to work under the direction of the Company's maintenance crew
or the cost of such labor furnished by the Company shall be borne by the Purchaser.
H. ACCEPTANCE: This Proposal is subject to acceptance by the Purchaser within 30
days (and thereafter at the Company's option) and when so accepted and thereafter
approved by the Company shall constitute a contract between the parties made at
Belleville, N. J., and shall be binding upon'the heirs, executors, successors, assigns
and representatives of both parties.
L CONTRACT: It is expressly understood by both parties that upon acceptance by the
Purchaser and approval by the Company this Contract supersedes all previous contracts
between the parties covering the same or similar service for the same Equipment at the
same location and includes all (and that there are no other of different) warranties,
express or implied, representations, promises, agreements at statements in connection
with such service.
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