HomeMy WebLinkAbout07942 ORD - 03/09/1966vMP:3/9/66
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AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND .
ON BEHALF OF THE CITY OF CORPUS CHRISTI,`TO EXECUTE
AND DELIVER CONSENT OF ASSIGNMENT BY HOUSTON NATURAL
GAS CORPORATION OF CERTAIN FRANCHISE AND GAS SALES
,CONTRACTS BETWEEN THE SAID HOUSTON NATURAL GAS CORPO-
RATION AND THE CITY OF CORPUS CHRISTI TO VALLEY PIPE
LINES, INC., ALL AS MORE FULLY SET OUT IN THE CONSENT
AGREEMENTS AND CONTRACTS, COPIES OF WHICH ARE ATTACHED n
HERETO AND MADE A PART HEREOF, IN LIEU OF THE INSTRU
MENTS AUTHORIZED TO BE EXECUTED BY ORDINANCE NO•- 7800;
AND DECLARING AN EMERGENCY"
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
n
TEXAS:
SECTION 1. THAT IN LIEU OF THE AUTHORITY AND DIRECTION OF ORDINANCE
NO. 7800, THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED
'i =FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE AND DELIVER
CONSENT OF ASSIGNMENT BY HOUSTON NATURAL GAS CORPORATION OF CERTAIN
FRANCHISE AND GAS SALES CONTRACTS BETWEEN THE SAID HOUSTON NATURAL GAS
CORPORATION AND THE CITY OF CORPUS CHRISTI TO VALLEY PIPELINES, INC.,
AS MORE FULLY SET OUT IN THE INSTRUMENTS, COPIES OF WHICH ARE ATTACHED HERETO
s AND MADE A PART HEREOF, IN LIEU OF THE INSTRUMENTS AUTHORIZED TO BE EXECUTED
UNDER SAID ORDINANCE ND. 7800.
SECTION 2. THE NECESSITY TO CONSENT TO ASSIGNMENT OF THE FRAN-
CHISES AND GAS SALES CONTRACTS DESCRIBED ABOVE IN ORDER TO ENABLE HOUSTON °
NATURAL GAS CORPORATION TO CARRY OUT ITS OPERATIONAL PLANS WHEREBY ITS
GAS TRANSMISSION FACILITIES WILL BE OWNED AND OPERA TED BY A TRANSMISSION
SUBSIDIARY COMPANY 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 AND
THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS -�
Y'
OF THE CITY COUNCIL, AND THE MAYOR] HAVING DECLARED THAT SUCH EMERGENCY
AND NECESSITY EXIST, HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED
AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION
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AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS
PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE DAY OF MARCH,
1966.
OR Pro•1em
ATTEST: THE CITY OF CORPUS CHRISTI, TEXAS
CITY SECR T RY
d� x
APPROVED AS ' LEGAL FORM THI
_DAY OF MARCH, 1966:
LAIIA
ASSISTANT CjT'Y ATTO EY
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C O N T R A C T
THE STATE OF TEXAS
r KNOW ALL MEN BY THESE PRESENTS:
'
COUNTY OF NUECBS
WHEREAS, the Houston Natural Gas Corporation
(Houston Natural) desires the consent of the City of
Corpus Christi to an Assignment by Houston Natural Gas
' s•
Corporation to its wholly owned subsidiary, Valley Pipe ;
Lines, Inc., a Texas corporation, of Houston Natural's
present franchise in the City of Corpus Christi (as
,
evidenced by Ordinance No. 5467, approved August 19,
1959, as modified and amended by Contract of Sale dated
November 28, 1962, between Houston Natural Gas Corporation,
' the City of Corpus Christi °and - Corpus Christi Municipal
Gas Corporation, together with the Contract of Sale of Gas
by Houston Natural to the City of Corpus Christi covering
the gas requirements of the City of Corpus Christi's Gas
Distribution System for a term of five years ending March
1, 1966, as amended and supplemented):
NOW, THEREFORE, for and in consideration of the
' consent of the City of Corpus Christi to the Assignment to
Valley Pipe Lines, Inc., above referred to, Houston Natural
Gas Corporation does hereby agree to indemnify and make whole
s
the City of Corpus Christi for any and all damages which it
may become entitled to receive from Valley Pipe Lines, Inc.,
under the terms and provisions of said franchise and said
gas sales contract by virtue of the failure of Valley Pipe
Lines, Inc. to perform its duties and obligations thereunder.
IN TESTIMONY WHEREOF, we have caused these presents
to be executed this the "day of % 1965.
}
HOUSTON NATURAL GAS CORPORATION
ATTEST:
h
By
s en
Secretary
-
i
CITY OF CORPUS CHRISTI
ATTEST:
By
Herbert Whitney, City Manager
City Secretary
APPROVED AS TO LEGAL FORM THIS
DAY OF ;Y1�N, m (�/ ,1965 -
2w
KpSiBtaht Attormpy
THE STATE OF TEXAS iB
COUNTY OF HARRIS
BEFORE ME, the undersigned authority, on this day
personally appeared ,
of e Houston Natural Uas Corporation,
own o me o e e person and officer whose name is sub-
scribed to the foregoing instrument and acknowledged to me
that the same was the act of the said Houston Natural Gas
Corporation, a Texas corporation, and that he executed the
same as the act of such corporation for the purposes and
consideration therein expressed and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the
day of 1965.
NOTARY PUEEIC in and for
Harris County, T e x a a.
ry
THE STATE OF TEXAS
- `- COUNTY OF NUECES
BEFORE ME, the undersigned authority, on this day
personally appeared HERBERT W. WHITNEY, known to me to be the
City Manager of the City of Corpus Christi, Texas, and the
same person who signed the foregoing instrument, and acknowl-
edged to me that he executed the same as the act of the City
of Corpus Christi, Texas, and as City Manager thereof for_
the purposes and considerations therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the
day of. , 1965.
NOTARY PUBLIC in and for
Nueces County, T e x a a.
K
T
C O N T R A C T
THE STATE OF TEXAS )
( KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES )
WHEREAS, the Houston Natural Gas Corporation
(Houston Natural) desires the consent of the Corpus Christi
Municipal Gas Corporation to an Assignment by Houston
Natural Gas Corporation to its wholly owned subsidiary,
Valley Pipe Lines, Inc., a Texas corporation, of two certain
contracts dated December 28, 1962 and April 19, 1963, pro-
viding for the sale of natural gas to Corpus Christi
Municipal Gas Corporation (Municipal Gas) for its gas dis-
tribution system which was purchased from Houston Natural
Gas Corporation:
NOW, THEREFORE, for and in consideration of the
consent of the Corpus Christi Municipal Gas Corporation to
the assignment above referred to to Valley Pipe Lines, Inc.,
the Houston Natural Gas Corporation does hereby agree to
indemnify and make whole the City of Corpus Christi and
Corpus Christi Municipal Gas Corporation for any and all
damages which either of them may become entitled to receive
from Valley Pipe Lines, Inc. under the terms and provisions
of said gas sales contracts by virtue of the failure of
Valley Pipe Lines, Inc. to perform its duties and obligations
thereunder.
IN TESTIMONY WHEREOF, we have caused these presents
to be executed this the day of
1965.
HOUSTON NATURAL GAS CORPORATION
ATTEST:
By
res en
SSecretary
CITY OF CORPUS CHRISTI, TEXAS
ATTEST:
er r neY, Y manager
City ecre ary
APPROVED.AS TO LEGAL FORM THIS
THE &tJLDAY OF 1965
2 '
Assistant GUY7 o
CORPUS CHRISTI MUNICIPAL GAS
ATTEST: CORPORATION .
kiresluent,
Secretary
THE STATE OF TEXAS
COUNTY OF HARRIS
BEFORE ME, the undersigned authority, on this day
personally appeared
of the Houston Natura as Corp6r, on, kn own to me to bb the
person whose name is subscribed to the foregoing instrument
and acknowledged to me that the same was the act of the said
Houston Natural Gas Corporation, a Texas corporation, and that
he executed the same as the act of such corporation for the
purposes and consideration therein expressed and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the
day of ,1965.
and for
Harris County, T e x a a.
THE STATE OF TEXAS )
COUNTY OF NUECES ()
BEFORE ME, the undersigned authority, on this day
personally appeared HERBERT W. WHITNEY, known to me to be the
City Manager of the City of Corpus Christi, Texas, and the
same person who signed the foregoing instrument, and acknowl-
^edged to me that he executed the same as the act of the City
of Corpus Christi, Texas, and as City Manager thereof for the
purposes and considerations therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the
day of , 1965. '
o in and For
Nueces County, T e x a s.
-2-
' '• - f
TI•V STATE OF TEXAS
COUNTY OF NUECES
BEFORE ME, the undersigned authority, on this
day personally appeared ,
of the Corpus -Ch'Fra-fi-Mm—icipal Gas
corporation, known to me to be the person whose mane is sub-
scribed to the foregoing instrument and acknowledged to me
that the same was the act of the said Corpus Christi
Municipal Gas Corporation, and that he executed the same as
the act of such corporation for the purposes and consider=
tion therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the
day of , 1965.
NMW PUBLIC, in and for
Nueces County, T e x a s.
" -3-
M
C 0 N S T N T
THE STATE OF TEXAS '
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES
That the City of Corpus Christi, Texas, acting
by and through its duly authorized City Manager, Herbert
W. Whitney, pursuant to ordinance approved by the City
Council, does hereby give its consent and approval to
the assignment by Houston Natural Gas Corporation, a Texas
corporation, to Valley Pipe Lines, Inc., of the following
described franchise and gas sales contract, to -wit:
Franchise of Houston Natural Gas Cor-
poration to construct and operate gas
pipes and mains, along the streets,
avenues, alleys and public places of
the City of Corpus Christi, Texas, as
set forth in Ordinance No. 5467 approved
August 19, 1959, as modified and amended
by Contract of Sale dated November 28,
1962, between Houston Natural, the City
and Corpus Christi Municipal Gas Corpora-
tion.
Contract between Houston Natural Gas Cor-
poration, as Seller, and the City of Corpus
Christi, Texas, as Buyer, providing for the
sale of natural gas to the City for a term
of five years ending March 1, 1966, as such
contract has heretofore been amended and
supplemented.
It is understood that this consent is given sub-
ject to the condition that said Valley Pipe Lines, Inc.,
expressly assumes all of the rights and obligations of
Houston Natural Gas Corporation under said franchise and
said gas contract and conditioned that Houston Natural Gas
Corporation agrees that it will indemnify and make whole
the City of Corpus Christi and Corpus Christi Municipal
Gas Corporation for any and all damages which either of
them may become entitled to receive from Valley Pipe Lines,
Inc. under the terms and provisions of said franchise and
said gas contract by virtue of the failure of Valley Pipe
Lines, Inc. to perform its duties and obligations there-
under.
IN TESTIMONY WHEREOF, the City of Corpus Christi,
Texas, has caused these presents to be executed this the
day of 1965.
CITY OF CORPUS CHRISTI, TEXAS
ATTEST:
BY hemert W. wratney, y Manager
city secretax7
APPROVED AS TO GAL FORM THIS THE
DAY OF M4 ,.„ -,V ,1965.
4 dv/w 1.
Reptatant ey
THE STATE OF TEXAS
COUNTY OF NUECES
BEFORE ME, the undersigned authority, on this day
personally appeared HERBERT W. WHITNEY, known to me to be
the City Manager of the City of Corpus Christi, Texas, and
the same person who signed the foregoing instrument, and
acknowledged to me that he executed the same as the act of
the City of Corpus Christi, Texas, and as City Manager there-
of for the purposes and considerations therein expressed.
GIVEN UNDER'MY HAND AND SEAL OF`OFFICE, this the
day of 1965.
NOTARY PUBLIC In and for
Nueces County, T e x a s.
-2-
' 4
t
r" •
C O N S E N T
THE STATE OF TEXAS /
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES
That the City of Corpus Christi, Texas, acting by
and through its duly authorized City Manager, Herbert W.
Whitney, pursuant to ordinance approved by the City Council,
and Corpus Christi Municipal Gas Corporation, acting herein
by its President duly authorized by resolution of the Board
of Trustees, do hereby give their consent to the assignment
by Houston Natural Gas Corporation, a Texas corporation to
Valley Pipe Lines, Inc., of the following described gas sales
contracts, to -wit:
Contract dated December 28, 1962 between
Houston Natural Gas Corporation, as Seller,
and Corpus Christi Municipal Gas Corporation
( "Municipal Gas ") as Buyer, providing for the
sale of natural gas to Municipal Gas for its
system purchased from Houston Natural.
Contract dated April 19, 1963 between Houston
Natural, Municipal Gas, and the City of
Corpus Christi, covering the conveyance of
certain distribution facilities and the sale
and purchase of gas to supply such conveyed
facilities.
It is understood that this consent is given subject
to the condition that said Valley Pipe Lines, Inc., expressly
assumes all of the rights and obligations of Houston Natural
Gas Corporation under said gas sales contracts and conditioned
that Houston Natural Gas Corporation agrees that it will
indemnify and make whole the City of Corpus Christi and
Corpus Christi Municipal Gas Corporation for any and all damages
which either of them may become entitled to receive from Valley
Pipe Lines, Inc. under the terms and provisions of said gas
sales contracts by virtue of the failure of Valley Pipe Lines,
Inc., to perform its duties and obligations thereunder.
IN TESTIMONY WHEREOF, the City of Corpus Christi,
Texas, and Corpus Christi Municipal Gas Corporation have caused
these presents to be executed this the SON-day of �eUCJ
1965.
CORPUS CHRISTI MUNICIPAL GAS CORPORATION
ATTEST.
By res en
Secretary
CITY OF CORPUS CHRISTI, TEXAS
ATTEST:
Herbert ney, vity Manager
City Secretary `
APPROVED AS TO LEGAL FORM THIS
aqjLDAY OF e �, „ O e —111965.
�1
s an TA or
THE STATE OF TEXAS
COUNTY OF NUECES
BEFORE ME, the undersigned authority, on this day
personally appeared HERBERT W. WHITNEY, City Manager for the
City of Corpus Christi, Texas, a Municipal corporation, known
to me to be the person and officer whose name is subscribed
to the foregoing instrument, and acknowledged to me that he
executed the same as the act and deed of said City of Corpus
Christi for the purposes and consideration therein expressed
and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the
day of , 1965.
NOTARY PUBLIC in and ror
Nueces County, T e x a a.,
-2-
CORPUS CHRISTI, TEXAS ""
_4 DAY OF vl/l._�` 19-L(
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE-
GOING 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, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE
OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO -
DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL.
RESPECTFULLY,
f10•T001
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWIN VOTE:
DR. MOVER FURMAN
JACK BLACKMON
PATRICK J. DUNNE
DR. P. JIMENEZ, JR.
KEN MCDANIEL ✓�1
RONNIE SIZEMORE
WM. H. WALLACE
THE ABOVE ORDINANCE WAS PASSED BY THE /FOLLOWING VOTES
/
DR. MCIVER FURMAN j�
JACK BLACKM ON
PATRICK J. DUNNE jam^
DR. P. JIMENEZ, JR.
KEN MCDANIEL
BONNIE S12EM ORE
WM. H. WALLACE
3
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y '
•♦ .WHEREAS, said assessment h
., �ra
NOW, THEREFORE, in conside
L r f
assessment„ the City of Corpus Chri
by releases said property from all
assessment and the owner of said pr
created by such assessment and does
and discharged.
EXECUTED this the
AMMUCm
been fuliV PAIA and sati
Ltion of the bayment of sa
:i, a'municipal corporatio
_ens'•seciuring the payment
>erty from all personal li
lare such lien fully sa
of
CITY OF CORPUS CHRISTI, T