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HomeMy WebLinkAboutRES 84-036 P-/- 3 R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby , authorized to execute a contract with Mobil Oil Corporation for the supply of raw water, a copy of which is attached hereto as Exhibit "A" . PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3 day of , 19 Ole/ . Mayor - 4 THE STATE OF 'TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON THAT the City of Beaumont, a municipal corporation of Jefferson County , Texas, acting herein by and through its City Manager, duly authorized, hereinafter referred to as "City" , and Mobil Oil Corp. , a corporation duly incorporated under the laws of the State of New York and qualified to do business in the State of Texas, hereinafter referred to as "Mobil" , hereby agree as follows: I. Term of Contract. Effective January 1 , 1984 , City agrees and contracts to deliver for a period of five (5 ) years a quantity of chlorinated raw water as hereinafter provided, and Mobil agrees to take and receive such water and pay the consideration therefor all in accordance with the terms and conditions as hereinafter more fully set forth. I I. Source of Point of Delivery. The source of supply and the method and means by which said water is to be transported and furnished and the point of delivery thereof are as follows: Mobil has previously constructed an 18" pipeline from the City' s pumping plant to its refinery which will be the means of conveyance of water under this contract. It is also recognized that Mobil has installed a motor and pump, starting equipment, a chlorinator, a flow meter and an 18" connection from pump to present 18" line, including necessary valves, fittings at locations designated by City in connection with the delivery of water under this contract. The water is to be pumped and supplied from the Neches River by means of the present or future intake pumps and equipment used by City to secure its municipal raw water supply and transported through the present or future canals and laterals of City or through the connection or extension, above �� 3� EXHIBIT ''A" referred to, to the point of delivery . The point of delivery is- at the existing pump previously furnished by Mobil located at City' s pumping station. III. Maintenance. All of said pipeline and equipment is to be r;iaini_ained by mobil , title to lahich is r:.tained by Mobil. All other expense incident to the delivery of the water in the pipeline at the City' s pumping plant, other than electrical service to the pump, including chlorination, is to be borne by City. The water to be supplied shall be measured by meter previously installed by Mobil at City' s pumping plant. Mobil shall have the right at all reasonable times to inspect and test said metering equipment. IV. Rates and Charges. The consideration for the transportation, supplying and delivery of chlorinated raw water hereunder and the rate and charge to be collected and received and paid to the City of Beaumont shall -be four and one-half cents ( $ 0.045) per one thousand ( 1 , 000) gallons. The rates charged herein may be adjusted annually by the City, provided that no increase in the rates herein provided shall become effective prior to January 1 , 1984. Either party may terminate this contract ninety ( 90) days after notice in writing to the other party of its intention to terminate same. If the rate charged Mobil hereunder is increased at any time, said increased rate shall remain in effect for one ( 1 ) year prior to any adjustment of same. V. Maximum Take. The City agrees to make available sufficient water to meet Mobil ' s requirements up to a maximum of six million ( 6 ,000, 000) gallons per twenty-four ( 24) hours, provided that no demand shall be made for water service which will require a pump discharge pressure in excess of one hundred ( 100) pounds per square inch guage, and further provided that City shall not be required to purchase water to supply Lmobil' s requirements. - 2 - VI. Billing. On or about the first day of each calendar month, City will submit to Mobil a statement of account showing the amount of water taken by Mobil, and Mobil shall, on or before the following tenth day of the month, or within ten days after receipt of said statc-nent of account, pay to or settle with City for the amount sho,.Wn to be due. VII. Miscellaneous Provisions. A. City agrees to chlorinate said water at times and in amounts as specified by Mobil, said amounts not to exceed fifty pounds ( 50 lbs. ) per day. Mobil shall reimburse City at City' s cost for all chlorine required in excess of fifty pounds ( 50 lbs. ) per day. B . If the water as delivered shall at any time show as much as ten ( 10) grains of salt per gallon, or as much as fifteen ( 15) grains of incrusting solids in the carbonates of calcium or magnesium per gallon, or show evidence of contamination by sewage, or for any reason be rendered unfit or unsuitable for use by Mobil, then it is agreed that Mobil may discontinue the taking and receiving of said water and during such period shall be relieved from all payments to City. Mobil shall have the option to terminate said contract in the event of continued failure by City to furnish water meeting the above specifications. C . City shall not be liable for damages to Mobil' s machinery and equipment caused by use of said water. D. City may discontinue supplying water to mobil at any time if it is unable to perform, for any reason, its obligations under this agreement. City shall not be liable for damages for failure to perform its obligations hereunder. E. 11obil shall be responsible to pay all charges for electrical service associated with the pump and motor providing water to mobil under this agreement. Such payment shall be made directly to Gulf States utilities. 3 - ��{�24 ' VIII. Revocation of Existing_Contract. Mobil and City hereby mutually agree that this contract terminates, supersedes, and cancels an existing contract entered into by the City of Beaumont and tiobil Oil Corp, dated February 22, 1972, and all amendments thereto. EXECUTED in duplicate this day of , 19 CITY OF BEAUMONT BY: City Manager ATTEST: City Clerk MOBIL OIL COR)PORATION BY: Yr� General Manager R ATTEST: 4 -