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 -
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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.
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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.
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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:
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