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Home My WebLink About15799 ORD - 10/01/1980.TEXAS: • ® AN ORDINANCE, . AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH ESTEBAN CHAPA FOR THE SALVAGING OF MATERIALS AT THE ELLIOTT AND WESTSIDE LANDFILLS FOR A TERM OF ONE YEAR WITH TWO ONE-YEAR RENEWAL OPTIONS, AS MORE FULLY SET FORTH IN THE CONTRACT, A SUBSTANTIAL . COPY OF WHICH IS ATTACHED HERETO AND MADE A PART . HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, • SECTION 1. That the City Manager be and he is hereby authorized to execute a contract with Esteban Chapa for the salvaging of materials at the Elltott and Westside Landfills for a term of one year with two one-year renewal options, all as more fully set forth in the contract, a substantial, copy of which is attached hereto and made a part hereof, marked Exhibit'Y1''. ` r w _ SECTION 2. The necessity to execute the hereinabove described contract for the salvage of materials at the Elliott and Westside Landfills A D at the earliest practicable date 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«but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared that such emergency and neces- sity'exist, having requested the suspension of the 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 SO ORDAINED, this the/d&day of October, 1980. ATTEST: Secretary APPROVED: DAY OF OCTOBER, 1980: J. BRUCE YCOCK CITY ATTORNEY 15799 MAYO THE CITY OF CORPUS CHRISTI, TEXAS • • IMEO SU 2'71994 AGREEi1EJT THE STATE OF TEXAS i COUNTY OF NUECES The City of Corpus Christi, hereinafter called City, and M. l:_ s N y..„ C c�c , hereinafter called Contractor, hereby agree and contract as set forth herein for the salvage of materials from City's sani- tary landfills. City Agrees: 1. To allow Contractor's employees and equipment access to and within Westside Sanitary Landfill at 3702 Carbon Plant Road and Elliott and Sanitary Landfill, 7002 Greenwood Drive, located within Nueces County, Texas, for the purpose of salvaging and removing materials from any and all solid waste which may be deposited at the landfill. 2. To Contractor's exclusive rights to salvage, and to refuse to authorize any persons other than Contractor's employees to salvage and remove materials from the landfill during the term of this contract; except that any person who claims to have deposited by error some valuable material - may be authorized by City to attempt to retrieve it. 3. To the condition that Contractor may cancel this contract at any time upon delivery of written notice to City's Sanitation Superintendent at 2525 Hygeia Street, Corpus Christi, Texas 78415. Contractor agrees: 1. To collect and remove all metal cans, scrap metal, aluminum cans, aluminum scrap, and any other salvageable materials from Westside Sanitary Landfill at 3702 Carbon Plant Road, and Elliot Sanitary land- fill, 7002 Greenwood Drive; and to provide sufficient numbers of employees and equipment every day to ensure that substantially all reasonably salvageable material is recovered. 2. To provide City's Sanitation Superintendent a list of employees to be issued identification badges and trucks and equipment to be used; to ensure that all employees wear bright uniforms and identification badges pro- vided by contractor at all times while at the landfill; and to ensure that all trucks and equipment are legibly marked with Contractor's name. .E.YH• ,1 O 3 3. To ensure that salvaged materials are kept out of the way, out of roads, out of unloading areas, and do not interfere with landfill operations. 4. To ensure that Contractor's employees will observe good safety practices, will not interfere with landfill operations, and will not start any fires. 5. To remove salvaged materials from the landfills every day, and to prevent the sale or giving away at the landfills of any materials by Contractor or Contractor's employees. 6. To properly secure any open trucks used to haul materials from the landfills. 7. To weigh at Contractor's expense on scales acceptable to City Sanitation Superintendent every truck load of materials removed from the landfills. 8. To provide to City's Sanitation Superintendent on the first Monday of every month every weigh ticket for the preceeding month and the following information for each truck load: a. Weight of materials. b. Date and time of day weighed. c. Truck identification. d. Type of materials. e. Name of buyer ofmaterials. f. Gross amount received by Contractor for materials. 9. To pay to City on the first Monday of every month $200.00 or a (zev s i percent ( %) of Contractor's gross receipts for the preceeding month, whichever is higher, for all materials removed from the landfills; and to make such payment to the City of Corpus Christi at the following address; • City of Corpus Christi Finance Department, Collections Section 321 Mesquite Street P.O. Box 9277 Corpus Christi, Texas 78408 -2- a O 10. To allow City's Director of Finance or other representative to examine Contractor's records and books at reasonable times to verify that payments have been properly made in accordance with this contract. 11. To refuse to employ, pay or compensate in any way any of City's Sanitation Division employees for any reason whatsoever. 12. To indemnify City and hold City harmless from any liability to any person whatsoever for.any injury, loss or damage arising from Contrac- tor's operations or the actions of Contractor or any of Contractor's employees, whether within or without City's landfill property, and to carry public lia- bility insurance in the minimum sum of 5300,000 for personal injury and proper- ty damage liability insurance in the minimum sum of $50,000 in a company or companies acceptable to City, with a loss payable clause making City an addi- tional insured; and to maintain a copy of said insurance policy on file with City's Sanitation Superintendent. 13. To not assign or sublet any rights under this contract without the prior written approval of City. 14. To the condition that City may cancel this contract upon giving sixty (60) days prior written notice posted by U.S. Mail to Contractor at the following address: Esteban Chapa P. 0., Box 13 Odem, Texas 78370 The term of this contract shall be one year, beginning October 15, , 1980, and ending October 14 , 1981, with two one-year renewal options each one-year renewal option to be subject to approval of the City Manager or his designated representative. EXECUTED this (I day of 9 �� , 1980. ATTEST: CITY OF CORPUS CHRISTI APPROVED: y- / DAY OFde� , 1980 J. Bruce Aycock, By /�/ yc � k, by Attorney c�-'264_ By R. 'arvin Towns • d Assistant City,fney Esteban Chapa &r/.l1 . /S7 99 i' COUNCIL / o—/- .9 SECRE CITY CONTRACTOR Corpus Christi, Texas /,D- day of 0,{1j(,uLA, , 19 �d TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas 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 meetings of the City Council; I, therefore, 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, THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was Suspended by the following vote: Luther Jones Edward L. Sample n%� Dr. Jack Best ( (1,¢� David Diaz L Jack K. Dumphy,) Betty N. Turner Cliff Zarsky The above ordinance was Luther Jones Edward L. Sample; Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky passed by the following vote: 15799