HomeMy WebLinkAbout0779 RES - 10/28/1937A RESOLUTION AUTHORIZING THE MAYOR OF THE
CITY OF CORPUS CHRISTI TO ENTER INTO A
COMPROMISE AGREEMENT WITH FENNER & BEANE
CORPORATION AND W. K. EWING COMPANY, IN-
CORPORATED, AND AUTHORIZING AND DIRECTING
THE MAYOR TO RETURN THE DEPOSIT THEREUNDER
TO THE PARTIES MAKING SAME.
WHEREAS, Fenner & Beane Corporation and W. K. Ewing Company, Incorporated,
on the 21st day of July, A. D.,1937 entered into a contract with the City of Corpus Christi
to purchase Seven Hundred, Fifty Thousand 0750,000.00) Dollars of legally issued bonds,
bearing interest at the rate of four and one-fourth (4-1/4?1) per cent per annum, and secured
by a first lien on the revenue of the City of Corpus Christi Gas System, a copy of which
contract is included in Resolution No. 750, passed by the City Council on the 22nd day of
July, A. D., 1937, and recorded in Volume 9, page 541 in the Resolution and Ordinance
records of the City of Corpus Christi; and
WHEREAS, a dispute has arisen between the City of Corpus Christi and the
said Fenner & Beane Corporation and W. K. Ewing Company, Incorporated with reference to
performance of same by the said parties; and
WHEREAS, it is the contention of the City of Corpus Christi that the said
Fenner & Beane Corporation and W. K. Ewing Company, Incorporated have breached their obliga-
tion to perform said contract, and disputes have arisen between such parties with reference
to the time of delivery of such bonds by the said City of Corpus Christi to the said Fenner &
Beane Corporation and W. K. Ewing Company, Incorporated; and
WHEREAS, the parties now desire to compromise their differences, arising
between them; Slid
WHEREAS, the said Fenner & Beane Corporation has jointly with others, entered
into a new contract with the City of Corpus Christi.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI:
SECTION 1: That said contract of date, July 21, 1937 be, and the same is
declared to be at an end, and that same is of no further force or effect.
SECTION 2: That A. C. McCaughan, Mayor of the City of Corpus Christi, Texas,
be, and he is hereby authorized and instructed to return to Fenner & Beane Corporation and
W. K. Ewing Company, Incorporated, the check or checks, representing the Fifteen Thousand
($15,000.00) Dollars which was deposited with the Mayor as evidence of good faith under said
contract.
PASSED AND APPROVED, this the 28 day of October,A. D. 1937.
ATTEST:
A. C. McCaughan
Mayor, City of Corpus Christi, Texas.
T. R. Kring
City Secretary.
Received from Mayor A. C. McCaughan
cashier's checks above referred to sum
of $15,000.
(Signed) - John A. Mobley.