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HomeMy WebLinkAbout18077 ORD - 02/08/1984TEXAS: AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ADDENDUM TO THE 1977 CONTRACT WITH PADRE ISLAND INVESTMENT CORPORATION CONCERNING WASTEWATER COLLECTION AND TREATMENT BY AMENDING PARAGRAPH 6 TO REQUIRE PADRE ISLAND INVESTMENT CORPORATION TO MAKE CERTAIN IMPROVEMENTS TO THE WHITECAP WASTEWATER TREATMENT PLANT AT THIS TIME AND DEFERRING OTHER IMPROVEMENTS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager be authorized to execute an addendum to the 1977 contract with the Padre Island Investment Corporation concerning wastewater collection and treatment by amending paragraph 6 to require Padre Island Investment Corporation to make certain improvements to the Whitecap Wastewater Treatment Plant at this time and deferring other improvements until specified flow, loadings or permit requirements are exceeded, all as more fully set forth in the addendum, a substantial copy of which is attached hereto and made a part hereof marked Exhibit "A". SECTION 2. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need to take immediate action to preserve and protect public property by expediting the construction of public improvements, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the 8th day of February, 1984. ATTEST: City Secretary APPROVED: '% QDAY OF FEBRUARY, 1984 f Bruce Aycock jCity Attorney MAYOR r% r THE C Y OF CORPUS CHRISTI, TEXAS SEP 2 81984 18077 ADDENDUM TO SEWAGE SYSTEM AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND PADRE ISLAND INVESTMENT CORPORATION WHEREAS, on February 23, 1977, the City of Corpus Christi approved and then entered into the Sewage System Agreement with Padre Island Investment Corporation ("Agreement") which Agreement recognized that Padre had constructed certain sewage treatment facilities having a designed capacity of 500,000 gallons average daily flow, would thereafter expand such facilities under certain circumstances, and that the City of Corpus Christi would own and operate the facilities (hereinafter referred to as the "Plant"); and WHEREAS, paragraph 6 of the Agreement provided that Padre would construct the first expansion of the Plant• to bring the capacity to 2,000,000 gallons average daily flow at such time as the average daily Plant hydraulic flow or biological loading reached 80% of design capacity for two consecutive months; and WHEREAS, it has now been determined by the City and Padre that, while certain components of the Plant have reached the hydraulic flow contemplated by paragraph 6, the Plant has significant excess biological loading capacity because of the relatively dilute nature of the sewage being delivered to the Plant for treatment; Therefore, for and in consideration of the premises, it is hereby agreed that paragraph 6 of the Agreement is amended to the end that Padre will immediately commence the expansion of the hydraulic capacity of the Plant by constructing a 70 foot diameter clarifier, and to meet Texas Department of Water Resources and Environmental Protection Agency permit requirements will construct an effluent measuring device, both of which are portions of the 2,000,000 gallons average daily flow expansion called for by paragraph 6 of the Agreement. It is further agreed that (1) at such time as the average daily Plant hydraulic flow or biological loading reaches 80% of the design capacity of any component of the Plant for three consecutive months; or (2) at such time following completion of construction of the 70 foot diameter clarifier if either the average monthly BOD or suspended solids final effluent concentrations exceed 80% of the limitations therein contained in either the State or the Federal permit requirements for a three consecutive month period with all units of the Plant being properly operated as were being operated on February 1, 1984 or as subsequently expanded by Padre; Padre shall proceed to increase the capacity of such component or components causing the deficiencies to 2,000,000 gallons average daily flow capacity as called for in paragraph 6 of the Agreement. Within four months from the date that Padre is notified in writing by City that a deficiency as described above exists, Padre shall submit plans to the City for approval for expansion of the Plant or Plant components to correct the deficiency and within three months after receiving written approval of the plans from the City shall commence construction of such component or components to the capacity set forth herein. Addendum: Sewage System Agreement, PII Corp./City of Corpus Christi Page 1 b."fl. SIGNED this 244 -day of , 1984. ATTEST: CITY OF CORPUS CHRISTI City Secretary Secretary AP I 771 --day dayyof d Bruce Aycock,/ ity Attorney , 1984 Addendum: Sewage System Agreement, PII Corp./City of Corpus Christi Page 2 By: Edward A. Martin, City Manager PADRE ISLAND INVESTMENT CORPORATION By: David R. Coggins, President Corpus Christi, Texas kW "' day of , 198_ TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, MAYOR Council Members THE CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passedy the following vote: Luther Jones Betty N. Turner David Berlanga, Sr. Welder Brown Leo Guerrero Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik 18077