O-39-205 - 09/12/1939ORDINANCE 205
AUTHORIZING AND INSTRUCTING THE MAYOR
TO EXECUTE A CERTAIN CONTRACT BY AND
BETWEEN THE CITY OF ROUND ROCK,WILLIAMSON
COUNTY,TEXAS,AND THE FORT WORTH POULTRY
AND EGG COMPANY,A TEXAS CORPORATION OF
FORT WORTH,TARRANT COUNTY,TEXAS.
be it ordained by the City Council of the City of
Round Rock,Texas:
Section That the Mayor,M.L#Blacklook, Mayor of the
City of Round Rock,Williamson County,Texas,be and he is hereby
authorized and instructed to execute a certain contract on
behalf of the City of Round Rook,Williamson County,Texas,
by and between said City and Fort Worth Poultry and Egg
Company,a Texas Corporation,of the City of Fort Worth,
County of Tarrant,and State of Texas;
Section 2; That said contract is this day approved and
confirmed by the City of Round Rock,Texas,by it's City
Counciloand is fully described in words and figures as
follows,to-wit;
THE STATE OF TEXAS )
COUNTY OF WILLIAMSON )
WHEREAS,a cheese manufacturing plant is being
operated just north of the City limits of the City of
Round Rock,Texas,and is known and operated under the name
of ROUND ROCK CHEESE C011iPANY,but is owned by Fort Worth
Poultry and Egg Company,a Texas corporation of Fort Worth,
Tarrant County,Texas,and,
WHEREAS,said Round Rock Cheese Company is desirous
of connecting to the sewer system of the City of
Round Rock,Texas,for disposal of waste water,eto.,as
hereinafter set forth,and,
WHEREAS,Fort Worth Poultry and Egg Company are
desirous to enter a contraot with the City of Round Rook,
Texas,to take said sewerage of their plant known as
Round Rock Cheese Company,
NOW,THEREFORE„KNOW ALL MEN BY THESE PRESENTS,that we,
the City of Round Rock,Texas, municipal corporation of
Round Rook,Williamson County,Texas,duly incorporated under
the laws of the State of Texasoacting by and through its duly
authorized mayoroparty of the first part,hereinafter
called CITY,and Fort Worth Poultry and Egg Company,
a Texas Corporationlduly incorporated under the laws of
the State of Texas,with its principal place of business
in the City of Fort Worth,Tarrant County,Texas,party of
the secondppart,hereinafter called COMPANY,have this day
made and entered into the following agreement and contract,
to.wit:
1. The CITY will take the sanitary sewage and the
cheese actory waste of the Company for a term of Ten (10)
t such point along the City's outfall main as the
ompany prefers to connect to same,and the oheese factory
waste at the point where the waste line of the Company
reaches the filter at the City's Disposal Palnt,and treat
this sewage and waste for disposal with the sewage of the City
2. The Company obligates itself to pay the City for
this service,at the office of the City Secretary,for the
term of One (1) year,the sum of Twenty-five Dollars
(25,00) per monthIpayments to be made on or before the
10th day of the month immediately following the month
during which service has been rendered,and at the
expiration of one year from the inaugural of such
service,Sf the City finds that such service can be
rendered the Company at a reduced price,then and in that
event the City will,reduoe suciLmonthly seririqe charge 44.44...
to the Company* ;4,441, Avvv4,4, v"-cpwur-,44.11ALA
ri% PA/14N c.4.44^4•1A tk.a-, WA -44"i
5.1 The Company father obligates itself to pay to
the City One-half the invoice cost delivered to
Round Rock of all equipment for the aero -filter and
recirculating pumpoincluding automatic starter and float
switch,and to pay the cost of the waste line from the
Cheese Factory to the disposal plant and the cost of a
preliminary settling tank if construction of same
becomes necessarysit being understood that if the labor
for constructing this waste line and settling tank is
furnished by the Works Progress Administration at no
cost to the City,the Company will not be required to
pay for labor furnished by Works Progress Administration,
but shall pay for any other labor required,in addition to
the cost of all materials and engineering*It being hereby
agreed that all work performed in connection with
this contract shall be done in accordance with the plans
and specifications prepared by the J.W.Beretta Engineersoincl,
of San Antonio,Texas,and under the supervision of said
firm.The costs of all items included in this paragraph
to be paid by the Company as follows:
One fourth part of said sum to be paid at the time of
completion of the wor* contemplated under this contract,and
the sum of One Hundred Dollars (10040) on or before the
10th day of each month thereafter until the full amount of
said Company's obligation is paid off*
4* The Cheese factory waste referred to paragraph
No*1 above is the normal waste incident to the
manaufacture of cheesesexclusive of whey.
5. The City will take and dispose of whey from the
Company in such quantity per day that the total waste load
from the Company,including the normal waste described in
paragraph No*41does not exceed one hundred and twenty-four
(124) pounds Biochemical Oxygen demand (B.O.D,) in
any one day.
6* The City shall never be liable to the Company for
pecuniary damages for failure to take the Cheese Factory
waste into the sewage disposal plant of the City and the
right of such action is waived as a part of the consideration
of this contract,however,this does not relieve the City
from Specific performance,when able to perform*
6a* The Company shall never be liable to the City for
pecuniary damages in any event except for the payment of the
sums set out in paragraphs two and three and/or for the
qiiktik or negligent exceeding of 124 pounds B.O.D, as
referred to in paragraph 5,
2. The Company obligates itself to pay the City for
this servicelat the office of the City Secretary,for the
term of One (1) year,the sum of Twenty-five Dollars
($25.00) per monthspayments to be made on or before the
10th day of the month immediately following the month
during which service has been rendered$and at the,
expiration of one year from the inaugural of such
service,it the City finds that such service can be
rendered the Company at a reduced price,then and in that
event the City will,reduce sucilimonthly sertice °harp 4/4"._
to the Comlfg: )1(44, 444,v4,0' w14-0,14y!"4.40, 11.0-vblivAro-
pAvi4A. 04,4--vimA
3. The Company father obligates itself to pay to
the City One-half the invoice cost delivered to
Round Rock of all equipment for the aero-filter and
recirculating pumpoincluding automatic starter and float
switchoand to pay the cost of the waste line from the
Cheese Factory to the disposal plant and the cost of a
preliminary settling tank if construction of same
becomes necessary,it being understood that if the labor
for constructing this waste line and settling tank is
furnished by the Works Progress Administration at no
cost to the City,the Company will not be required to
pay for labor furnished by Works Progress Administration,
but shall pay for any other labor required,in addition to
the cost of all materials and engineering.It being hereby
agreed that all work performed in connection with
this contract shall be done in accordance with the plans
and specifications prepared by the J.W.Beretta Engineers,Ine
of San Antonio,Texassand under the supervision of said
firm.The costs of all items included in this paragraph
to be paid by the Company as follows:
One fourth part of said sum to be paid at the time of
completion of the wor# contemplated under this contract,and
the sum of One Hundred Dollars (100.00) on or before the
10th day of each month thereafter until the full amount of
said Company's obligation is paid off,
4. The Cheese factory waste referred to paragraph
No.1 above is the normal waste incident to the
manaufacture of cheesesexclusive of whey,
5. The City will take and dispose of whey from the
Company in such quantity per day that the total waste load
from the Company,including the normal waste described in
paragraph No,4,does not exceed one hundred and twenty-four
(124) pounds Biochemical Oxygen demand (B.O.D.) in
any one day.
6. The City shall never be liable to the Company for
pecuniary damages for failure to take the Cheese Factory
waste into the sewage disposal plant of the City and the
right of such action is waived as a part of the consideration
of this contractthoweversthis does not relieve the City
from Specific performance,when able to perform.
6a. The Company shall never be liable to the City for
pecuniary damages in any event except for the payment of the
sums set out in paragraphs two and three and/or for the
w44kimik or negligent exceeding of 124 pounds B.O.D. as
referred to in paragraph 55
THE X 0 it
F O
•
• •
fl
r,
117,
SECTION 3: lnuoL fact that the sewer line proposed in this
contract has to be laid at the time another line is laid
under the fill on Highway No.79 South of Brushy Creek
Bridge,and same will have to commence next Thursday
September 14th.,A.D.1959,creates an emergency and
imperative public necessity requiring the suspension of the
rule that ordinances shall be read at three meetings
of the City Council.Said rule is therefore hereby
suspended,and this ordinance is put upon its final
reading and passed by a vote ofayes,and L nays.
Signed and approved by the Mayoroattested by the
City Secretary,this the 12th day of September,A.De1939.'
Mayor of the City 0 Round Rock,Toxase'
ATTEST:
THE STATE OF TEXAS
BY THES TS:
COUNTY OF WILLIAMSON
This eontr et b tween the gov4rning authorities of the City
of Round Rock* Wi1liamsam,C014UtY4 Texes*,and the_Round_Rock__
Cheese Company (which company is owned and operated by the Fort
Worth PoulltrY & Egg Company, inc. having its headquarter* in the
City of Fort Worth, Tarrant County, Texas, and which said name
"Round Rock Cheese Company" is purely a trade name in the oP ra-
tion of same by said Fort Worth Poultry & Bog Company, Inc.)
EN AL
4TH:
THAT, WHEREAS, a valid'contract was h retofore made b4tween
the said City of Round Rock, ,.nd the said Round Rock Cheese
Company, dated the 12th day of September, 1939, which was to
endure for a period of ten (14) years from its date, by the term
of 'which the said Round Rook Cheese Company was gr,nted the
right of connecting the waste in the over tion of its plant with
the sewer system of the City of Round Rock, which would enable
the said Round Rock Cheese Company to dispose of its wzste through
such sewer system, to which s id contract reference is hereby
expressly made). and,
WHEREAS, it is agreed between the parties, that is to say be-
tween the Fort Worth Poultry & Egg Company, Inc. as the owner of
said Round Rock Cheese Company, and the said City of Round Rock
that a contract shall b made by and between the parties under
which the privilege to dispose of its waste products through the
sewer system of the City of Round Rock shall be granted, for an
additional ten (L0) years dating from September 12th, 1949;
tiqw, THEREFOREt upon the consideration hereinafter named to
be paikand rformed by said Fort Worth Poultry & Egg Company,
Inc. a cdrporation duly incorporat d under th laws of the St.,te
\
of Texas (dOing business under the trade name in the City of
Round Rock ns Round Rock Cheese Company) the City of Round Rock,
Texas, a munielpal corporation situated in illiamson County,
Texas, duly incorporated under the laws of the State of Texas,"
pursuant to authority granted to it by its City Council, does
hereby grant unto the Port Worth Poultry & Egg Company, doing
business as atoresattc Uniter-seid-trexeis trot-gm*
connecting its cheese f ctory with the sewer system of said
city for the disposal of w$4te matter arising out of the opra-
tion of said Round Rock Cheese Company, and the City of Round
Rock agrees to take the sewage amd the che.se factory waste of
said Round Rock Cheese Company and its assigns at such. poitt, along
the city's mitten_ main within which the plant of the said EDund
Rock Cheese Company prefers to make the connection, so that he
waste line of the said Round Rock Cheese Company's plant shall be
conducted to and shall reaeh the filter at the City's dispoeil
plant where the City of Round Rock is to treat such waste matter
and sewage for disposal with the other sewage of the said Citer*
It is further provided, in this connection, that the said
City of Round Rock will take and dispose of the whey in the opera-
tion of the said plant in such quantity per day that the total
waste load from the said cheese factory, including the othzr waste
matt r hereinbefore described, does not t.xceed One Hundred
Twenty-four (124) pounds of biochemical oxygen demand (B.0
one day.
in any
The consideration so to be paid by the said Fort Worth Poultry
& Egg Company, Inc. to the said City of ROund Rock for the fore-
going privilege is the sum of Twenty-five ($25.00) Dollars per
month during the life Of the contract, which monthly plyment
shall be made on the 10th day of the month following the month
in which the service is rendered by'said City, which p yment
shall be remitted to the City Tre eurer of the City of Round
Rock by check or draft of the s id Fort Worth Poultry e Egg
Company, Ine.
IN WITNESS WROF the within contrIct is hereunto subscribed
by the parties hereto so that th., said City of Round Rock acting
herein by and through its Mayor, attested by its City Secretary,
has hereunto subscribed its corporate name and impr,,,ssd ite
corporate seal„ hereon4 an* th* -vut4 vort worrnlmmrvmnrIrlarir
Company doing business in the said City of Round Rock under the
trade nam; of Ronn4 Rook Cheese Company) has hereunto* subscribed
its name on this the
ATTEST:
day of
1949*
(:]VL OF ROUND RQC, TXASI,
ra7 Gt City of
Rock, Totes,
ROUND ROCK CEISESE COVANY,
By
Man
ger*