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HomeMy WebLinkAbout08550 ORD - 08/02/19678/1/67 AN ORDINANCE AMENDNG ORDINANCE NO 8477, BY AUTHORIZING AND DIRECTING �E CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE, IN ADDITION TO THE CONSENT AGREEMENT IN SAID ORDINANCE NO 77, AU-ACCEPTANCE OF A M MQRAN v M OF LO -VACA GATHERING COMPANY TO THE CITY OF CORPUS CHRISTI, AUTHORIZING THE CITY OF CORPUS CHRISTI TO MAK PAYMENT OF ANY MONL_y_pUE OR PAYABLE TO LO VACA ATUr"D - I Ot PANY, -'O THE CORPORATE TRUSTEE OF LO -VACA GATHERING COMPANY THE BANK OF NEW YORK AND S. L. DEVAUSNEY UPON RECEIVING WRITTEN NOTICE FROM SAID CORPORATE TRUSTEE; AND DECLARING AN EMERGENCY. WHEREAS, WRITTEN REQUEST HAS BEEN MADE BY LO -VACA GATHERING COMPANY TO CONSENT TO THEIR REQUEST TO PAY ANY MONIES DUE OR PAYABLE TO LO -VACA GATHERING, TO THE CORPORATE TRUSTEE, THE BANK OF NEW YORK AND S. L. DEVAUSNEY, UPON RECEIPT OF WRITTEN NOTICE FROM SUCH CORPORATE TRUSTEE; AND WHEREAS, THE CITY IS AGREEABLE TO SUCH REQUEST: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED TO EXECUTE, FOR AND ON BEHALF OF THE CITY, AN ACCEPTANCE OF A MEMORANDUM OF LO -VACA GATHERING COMPANY TO THE CITY OF CORPUS CHRISTI, AUTHORIZING THE CITY OF CORPUS CHRISTI TO MAKE PAYMENT OF ANY MONEY DUE OR PAYABLE TO LO -VACA GATHERING COMPANY, TO THE CORPORATE TRUSTEE OF LO -VACA GATHERING COMPANY, THE BANK OF NEW YORK AND S. L. DEVAUSNEY, UPON RECEIPT OF WRITTEN NOTICE FROM SAID CORPORATE TRUSTEE. SECTION 2. THE NECESSITY TO EXECUTE AN ACCEPTANCE OF THE ABOVE REFERENCED MEMORANDUM OF LO -VACA GATHERING COMPANY IN ORDER THAT PAYMENT OF MONIES MAY BE MADE TO THE CORPORATE TRUSTEE, 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 OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT THIS ORDINANCE TAKEITFFECT AND BE IN FULL FORCE AND 8550 EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED THIS THE 2ND DAY OF AUGUST, 1967. ATTEST: CITY SEC ETARY APPROVED AS TO LEGAL FORM T THE DAY OF ,1967: CITY ATTOR EY Q M,vyoR �o Ts '• e LO -VACA GATHERING COMPANY PETROLEUM TOWER PHONE TULIP 3.5211 CORPUS CHRISTI, TEXAS t r MAILING ADDRESS: July 3, 1967 P. O. DRAWER 521 City of Corpus Christi 302 Shoreline Corpus Christi, Texas. Re: Gas Sales Contract No. 5201 -89, dated December 7, 1962, between Lumar Gas Corporation (Now Lo- Vaca), as Seller, and The City of Corpus Christi, as Buyer, covering the sale of gas to the City of Corpus Christi Gentlemen: Under a Mortgage and Deed of Trust dated June 15, 1963, executed by Coastal States Gas Producing Company, South Texas Natural Gas Gathering Company and Lo- Vaca Gathering Company with The Bank of New York, and S. L. deVausney, as Trustees, Lo -Vaca agreed that sales contracts coming within the provisions of the mortgage, as the above contract does, shall include a provision that upon notice to Buyer by the Corporate Trustee under the mortgage, any monies that may be due or payable to Lo -Vaca shall be paid to such Corporate Trustee, or its successor. Inasmuch as Lo -Vaca Gathering Company, a wholly -owned subsidiary of Coastal States Gas Producing Company, has recently acquired the above contract, which does not contain our mortgage provision, we ask you to agree that, upon receipt of written notice from the Corporate Trustee, you will pay any monies due or pay- able to Lo -Vaca Gathering Company to such Corporate Trustee. Please indicate your acceptance of this letter agreement to the contract by signing in the space provided below and returning one signed copy to my attention. Thank you for your cooperation. Yours very truly, LO -VACA GATHERING COMPANY Clinton B. Fawcett Vice President JC /sks Enclosure AGREED and ACCEPTED TO this day of 1967. CITY OF CORPUS CHRISTI By 1 CORPUS CHRISTJx TEXAS - . //_�% OAY OF�f. �9`P/ TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS - FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUICED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I,,THEREFORE, REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE' CITY COUNCIL. RESPECTFULLY, . a A . / MAYOR PIO• lem / THE CITY OF US CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JACK R. BLACKMON ✓ BONNIE SI ZEh10RE ✓ / V. A. "DICK" BRADLEY, JR.� YJ, A. "JACK" GRANT --1 Y, JIMENE2, JR., M.D. ✓��1��GABE LOZANO, $R. / / / / KEN McDANI EL THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: JACK R. BLACKMON _ �ONNIE SI ZEh10RE Y V. A. "DICK" BRADLEY, JR, /J. A. "JACK" GRANT F. JIMENEZ, JR., .14. D. LOZANO, SR. KEN P•MCDANI EL