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Home My WebLink About13479 ORD - 11/10/1976TEXAS: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE GAS SUPPLY CONTRACT AUTHORIZED BY THE CITY COUNCIL BY THE PASSAGE OF ORDINANCE NO. 6791, DATED JANUARY 30, 1963, WHICH CONTRACT IS NUMBERED 2364, DATED DECEMBER 7, 1962, AS AMENDED, BY AMENDING ARTICLE II, PARAGRAPH (2),SO AS TO PROVIDE FOR ADDITIONAL DELIVERY POINTS OF GAS, ALL AS MORE FULLY SET FORTH IN THE AMENDMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A "; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager be and he is hereby authorized to execute an amendment to the gas supply contract, Numbered 2364, dated December 7, 1962, authorized by Ordinance No. 6791, passed and approved January 30, 1963, as amended, by amending Article II, paragraph (2), so as to provide for additional delivery points of gas, all as more fully set forth in the amendment, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A ". SECTION 2. The necessity to authorize execution of the amendment to the gas supply contract hereinabove described in order to insure an adequate fuel supply creates a public emergency and an imperative public necessity 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 but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared that such emergency and necessity exist, and having requested the suspension of the Charter rule and that this ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the_&Ik_day of November, 1976. ATTEST: C" y Secretary MAYOR THE CITY OF CORPUS CHR 7TI, TEXAS APPROVED: %9 DAY OF NOVEMBER, 1976: J. BRUCE AYCOCK, CITY ATTORNEY By I '47'— assistant ity At orney 134'79 , 1"1C1?0F114j£9 JV/V .3 01980 This AMENDMENT made by and between the City of Corpus Christi, a Texas municipal corporation ( "Buyer ") and Lo -Vaca Gathering Company, a Delaware Corporation ( "Seller "). W I T N E S S E T H: WHEREAS, the City of Corpus Christi is the owner and operator of the gas distribution system in the City of Corpus Christi and the surrounding area in Nueces County, Texas, and Lo -Vaca Gathering Company supplies gas to the City of Corpus Christi for distribution under a contract for sale of natural gas dated December 7, 1962, as amended, entered into by and between Lumar Gas Corporation (predecessor in interest to Lo -Vaca Gathering Company) and the City of Corpus Christi, and WHEREAS, Lo -Vaca Gathering Company has supplied gas to the Corpus!Christi Municipal Gas Corporation distribution Area 3 i under a contract dated January 30, 1963, as amended, by and between Southern Community Gas Company (predecessor in interest to Lo -Vaca Gathering Company) and the Corpus Christi Municipal Gas Corporation, which contract has terminated upon payment of the mortgage bonds of the Corpus Christi Municipal Gas Corporation Area 3 distribution system, with the City of Corpus Christi now the owner and.operator of that distribution system, and WHEREAS, Buyer and Seller desire to amend the contract of December 7, 1962 to provide additional delivery points for gas supplied to the City of Corpus Christi for distribution in the Area 3 system previously supplied by the Corpus Christi Municipal Gas Corporation. NOW THEREFORE, Buyer and Seller agree as follows: Paragraph (2) of Article II is deleted in its entirety and the following paragraph (2) of Article II is substituted: "(2) Seller shall ebtablish, at its own cost and expense (and Seller will operate and have free use of land furnished by Buyer, occupied by the station or stations), a number of delivery points including suitable meters, regulators and other necessary equipment for the sale, measurement and delivery of natural gas to Buyer In accordance with this agreement at the following locations: (a) Shell Road at Cantwell Lane, (b) Old Brownsville Road at Kosar Road, (c) Hunter Lane, north of Highway 9, (d) Hunter Lane, south of Highway 9, (e) Lantana at Up River Road, (f) McKenzie Road near Stonewall Drive, (g) Tuloso Road north of Shell Road, (h) Van Cura Road at Shell Road and I.H. 37, (i) Main Drive at Sedwick, (j) Highway 44 at Violet, (k) Highway 44 at Clarkwood, (1) Shell Road near Tule Lake, (m) Alpine Street at Chickery Street, (n) Violet Road (FM 24) at Highway 44, (o) Violet Road (FM 24) at Mallard, 1 (p) At additional locations where Seller delivers gas to the City of Corpus Christi distribution system from Seller's lines where Seller has existing taps _ and metering facilities, (q) The additional locations hereinafter provided. The.Buyer shall have the right to furnish the gas supply to any of Buyer's property located within or without the City regardless of whether or not the area within which such property is located is covered under any franchise to any other gas distribution system." This amendment shall be effective as of January 1, 1975. Except as hereby amended the contract of December 7, 1962, as previously amended, shall be and remain in full force and effect. IN WITNESS THEREOF, this amendment is executed this of 1976. CITY OF CORPUS CHRISTI By ATTEST: LO -VACA ,l1r.r;''• • AT�EST�,•.,r' • ��^ Ca day STATE OF TEXAS COUNTY OF NUECES Before me, the undersigned authority, on this day personally appeared. of the City of Corpus Christi, known to me to be the person whose name is subscribed to the fore- going instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein set forth and as the act and deed of said corporation. _Given under my hand and seal of office, this the day of- , 1976. Notary Public in and for Nueces County, Texas STATE OF TEXAS COUNTY OF HARRIS, Before me�j the undersigned aut ority on this day personally appeared .. �/ rI''i/! / "_V of Lo -Vacs Gathering Company, a corporation, Known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein set forth and as the act and deed of said corporation. �/jJ%% G��'-v��n under my hand and seal of office, this the day of /U/� Llct't , 1976.. r - :, - Notary Public and for r Barris County, Texas r BETTYE J. FIKES rotary Public: in and for Hrms County, Texas My Commission Expires June 1. 1977. CORPUS CHRISTI TEXAS /10- DAY OF 914 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCEX 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 INTRODUCED, 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 MAYOR qq THE CITY OF PUF.CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GAGE LOZANO, SR. EDWARD L. SAMPLE ULI THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE