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HomeMy WebLinkAbout01696 ORD - 07/15/1944AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND THE CITY CONTROLLER OF THE CITY OF CORPUS CHRISTI, MUS, TO EXECUTE FOR AND ON BEHALF OF SAID CITY A CONTRACT BY AND BETWEEN THE CITY OF CORPUS CHRISTI AND SINCLAIR REFINING COMPANY, FOR THE SALE OF WATER BY CITY TO CORPORATIONS AND DECLARING AN EMERGENCY, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISM SECTION 1. That the Mayor and the City Controller of the City of Corpus Christi, Texas, be, and they are hereby, authorized and directed to execute, for and on behalf of said City, a contract by and between said City and Sinclair Refining Company, for the sale of water by City to said Corporation. a copy of which contract is attached hereto and made a part hereof, and reads as follows, tom ite 1 �% o�d✓�/3/6/Wm TIM "ATE ©F Tau 171 MMO. the City of Carpus Christi, rases, a samicipal corporation. is now the Oscar of its water distribution system and is sag"" in supplying water for indwatrlal aid domestic purposess and in conducting such bummer. said City impounds water used tar such industrial and dmestic purposes in a reservoir located at or soar Calallen. Tomas. from which water is and will be doalnatd In arias and distributed to its users; and WMMUS, Sinclair Refining CmnpwW is at the present time converting its plant (formrly owned by Termiml Refining CwpwW) and is *=*trusting a pleat for the usnufacture of 100 octai* aviation gosoli *s and will operate said plant for the manufacture of said 100 octane gasolinss which said plant is located in a southerly direction from the Southern Alkali Plant. and on property bounded an the mouth by Tribble Ians. and said Sinclair Refining Company will require large quantities of water in order to properly operate said unit. as well as the remaining units of the refinery plant; and WHEREAS. the said City of Corpus Christi, texas. is desirous of furnishing to Sinclair Refining Company, its sue - sensors and assigns, and its wholly awned subsidiary compaaiest In the operation of its plant, and said Sinclair Refining Company is desirous of purchasing from said Curs wwbor to be used in connection with the operation of said plamb; NOW, TRRRIPM, TRSS CONTRACT AND AGNMINIff this den msdo and entered into by and between the City of Corpus Christie Taxes, acting by and through its duly authorised offimers, hemin- -1. after call" s01se. am iLsslsir bewng OSapsaw, a owparatimu. aatiag by Sad trrav6h its duly satierised atflears, hsreiaartor oallad •Owpaga. WITNISSITIs ru canaideratien of the pradga and the amp at 'Ann Sallars (00) Saab in head paid to Said City by said am. Paters the raaaipt of Wbbsh is hsroby asho wlsdged, Sad the sup bonstits Mbiah Nball warm to said City by tlaa aaeatruatisn of said CaaOgV plant or plsmta war the city limits of asid Cituq of .Carpus Christi, and tbo furWwr oonsidoration of the I.- om*asd iusaas to avid City 9y risson of the "Is of Mater to said iaduetrial eOUpsuW, its smueasora and assigns, or eholly ouoad arbsidivry awpaaies, it is vgraad as follows TWZT U Klima AND MOSt Said City agrsas to self. ausyot to tha esnditiws bareieanwr Mt forth. Numb tr4sted Water w Shull be daaa+adad by the Catpago for n" by Coster is the oeaatrostiaa sad operation of its plant now acid City at the lallosin ratsas 4 It the Coapaq should sot 0=400 now than fivs aillios galld" of treated Water in wy Sea oolandar Sant, *Win the prlod ooWOred by this ooatsast, the 9wpacry shall rWY' is City for all trsaiad muter eamrumed during owh aaiwWtr aoutb Us City's ragolar isduatrial rates Tor treat a muter new is effect. Whi" rates Were Sat by tde City Coumoil of CW MS Christi, Sews, by an ordiasme duly swated under the date of tho 1M dq of duly, I. V. 1944, and vM h said srdineace set rut the eutsids alt1 Baits loOntrial rotes as follawat a) ladastrivl oaaeeras eoasoodag IOO.900 Callow to 2506900 ws of muter per memo owl Pay W par am tha>Nmd 1990) Callow With a aialwas sharp of 00.00. b) Ssinstrial soawrw *--Lag 250.000 pllsas to "%No 91111=1 cc "dw Par wath owl ply 9W per me tho (1000) galloon wm a -Malmo ah"W or $W.50 amaad -S. o) 7ndumtrial cowers ocesoalag 500.000 pll"M to 1.000.�p00 gash" - water per aaeth shall Pow 2lef Fa(M) $gums vlth a at..— w,,p d) Iadu... cancer" ___log 1.000.000 gallons to 1.500.000 galls" at eater Per acwth shell M � Por mil thowsend (3000) gallons. r) laduetr3al eamoreo sensumLog 1.500.000 pilans to 2.000.000 wifte st rater per shall pq 1Bj For oar thousand (1000) galiaeo. t) 1adt4trial 0ae0e_ erasa� 2.000.Wo gallam to 2.500.000 pllmw of _tor Per eaeth ■dal] pq. 16>< Per ewe thCaeand (IM) gan"s. �) " nctrdal cameeras 0 --.Ing 2.500.000 galloon to 3.000.000 gallons or water Per eonth spell ply ;5 per — thousand (;000) Sense,.. - h) industrial Cameras Owsund g 3.000.00D is lan, to 00 5.0.000 gallons of wetar Per month shall Pit IV Per nee tho"snd (2000) galianc. i) rodents!,; Concerns Commuting 5.00o.o00 gallons to 7.500.000 gonme of water per month shall pay I2¢ per ads thsussnd gallons. j) lIDdn 1 oasaer" oma"ing 7.500.000 Wins, to • • pnow of enter per eaeth shell pW IV Per ow thanaand (1000) gsllaea. k. ;f the 0oeparq ehenld ea "was in mmeae or two ealliae (10.00o.000) gsllow of treated Water in MW aaleader swath da-bw the Perind covered bq this Contract, Oaf aha ;; Pei 01tV ter ail tot" Water Cmsuaad dre•ing svah calendar mom at the rats of t_ aanta (IW) per we thou mad (1000) ga;loms* acid treated enter shall be dellerrod tC Wald 0e00acy at the -Place deatgsated in porsamph III hereat. g,a out 4ba eehsdwls ar sharps tar treetrd Water, ae heredebetore set ant Sa Paragraph 1. is submit to the prcvisi� at this Paragraph. . as tbat under aertala airaaotaawa a reisead rata ay be Obtains, by 0wparatiWa. ne oarPOratien SmtWads to build Water storage tanks and -3. reservoirs. me that several milllwa gallons of water soon be stored. and *high will enable Corporation to tsk* aver too million (2.000.000) galjonm of water between the home. or 'Coe o1oleck (lOrOD) p.Y. notil Us olalook (6e00) A. Y. Ibe City dome not new have W great sarplua of later availablo. sad aim best stand a have imdas- trial load between such boa". and for Corporation to tube its _ peak lad during the off harm mill y+stly facilitate the goaeral operation or the City $ter gystw It is agreed that the CorporatlA4 if it shall take a monthly avorage of three million (3.00D.DOD) or awe &*llama of water per day (day being -W 24 hour . period from 800 A. Y. to BAC A. Y.) and at least two milli* gallona (2.000.000) of the water between the hours of IOrOQ P.Y. and broD A. Y. or each day, them sash water, sa tsk" between 10#0D P.Y. and 6r00 A.M. shall be sold to the Corporation. by the City at the rata of sight saute (8i) per sae thousand (IM) gallana. an soy dap that Corporation fails to take at least tee milliaa gallons (2.000.000) bettors the boars er IO.00 P.Y. to 6100 A.Y.. then an sugh days all water taken shall be paid for according to the schedule of rates hersimbefore at oat is Parsers;* i0 no eight amt (W rate abase set oat. *'ball also depend on the 4&117 average of three &111105 011015 (3.000.000) Par dq, and if. daring any month4 the daily avwrogs is net at least three million . callous MWO.Ow). tbW all eater talon shall be paid for on the rates presoribed is paragraph I. and this shall be the e&em regardlase of the emoTmt.of water taken lamb day between the how* of lAroo P.Y. and 6rOO A. 16 I4 rM OF Oi' PIUCTo This Agremamt &bail continue in force mud of cot for se lemg u the Company, its successors and a&&igm, or it& wholly named submidisry companies, shall continue to maintain and operate the refinery heroin referred is and/or ears either refinery at said location, and the City of Oarpas Christi shall continue to maintain and operate its am water dis- tributioa aystme and is engaiged in supplying water for industrial and domestic purposes, but mot for lour than a period of three (3) Years from the data heract. Pun or DZUTIMT OF T19G Is=$ The Cite now operates and maintains two main pipe lines For the diatributian of water from Oalallem, Tie, to the City of Corpom Christi, for distribution of its treated water to dommstio and industrial omsumero in and near tbm City of Corpss Christi. Tom". The Cif agrees to deliver to the Company treated water from each rains of the use type and gvntity an in furnished by it to such domestic mnd industrial oonammun, and the Company to tale off the amine of the City at a matnally satisfactory point, aim, Tribble ime&, which is m the southerly side of to Corporation's propertp, and the Ooapasy agrees to resolve and accept delivery of rush treated water at such point, or in auordau" with the tenor and conditions of tbi& contrast. it is understood that City shall furnish imps for summation by said Company- to said main-. IT. MUSC&B M OF WATM The treated water deliverable hereunder shall be measured by suitable water meter or meters of standard sake, the reading of maid meter or meters shall be on the last day of each month, and same to be furnished, installed, and kept in repair by the City on the property of Company at or near the place of delivery Checks as to the accuracy of the meter or maters shall be nude semi- annually. City shall notify OCm- parry in writing tan days in advance of all semi- snnusl checks and tests in order that Company may have a representative present as a witness. Semi- annual teats as to the accuracy of the meter or meters installed by the City shall be at the City's expense. if either City or Company at any time shall notify the other that it desires a special test of any meter, the parties shall co- operate to secure an immediate verification of the accuracy thereof and joint observations of any adjustments. If upon any such special teats said meter is found to be less than 2 per cent high or low, the cost of such testa shall be paid by the party requesting themi otherwise, by the other party. Each party shall give to the other notice of the time of all mach tests officially in advance of the holding of the tests so that the other party may have a representative present. If upon say taut Cityts meter or mature are found to be not more then 2 per cent high or low, previous readings of much meter shall be considered correct in computing the volume of water delivered by City to Company, but such meters shall be at once properly adjusted to record accurately If on segr tests City's meter or meters shall be found to be inaccurate by an amount exceeding 2 per cent, then any previous readings of such meters shall be corrected for any period which is definitely known or agreed upon, bu; no such correction shall extend back over a period beginning more than fifteen days prior to the time when such inaccuracy was first made known by either party to the other. If for any reason City's meter or meters are not of service so that the volume of water deliverable hereunder cannot be ascertained or computed from meter readings thereof, the water delivered during the period such meter or meters are out of service shall be estimated and agreed upon by the parties hereto upon the basis of the beat data available. V. PREBNDREI At the point of delivery of treated water, City shall at all times do everything that it can reasonably do to maintain a pressure in such amount that the same shall not be less than forty pounds per square inch at such point and shall undertalos to maintain an average pressure of fifty pounds per square inch; provided that failure to maintain the pressure as herein set out shall not be considered as a breach of this contracts VI. QUALITY OF TREATED WAURs In as much as Company in desirous of obtaining water of uniform quality and law hardnees, it is under- stood that the City shall at all time do everything that it can reasonably do to maintain the quality of treated water needed by said Company, and will exert reasonable effort to treat the water so that the calcium carbonate hardness will not be greater than the solubility of calcium carbonate at the temperature at which the water was treated; provided that failure to so maintain the quality of treated water will not subject the City to damages, nor be considered a breach of this contract. VII. VITUATED WATER AND PRIM For the considerations herein stated, City agrees to sell, subject to the conditions hereinafter set forth, such untreated water as shall be demanded by Company for use by said Company in the construction or opera tion of its plant or plants near said City or by any of its affiliated or subsidiary companies at the following ratet 7a cents per one thousand gallons for all water delivered by City to Com- pang during the period covered by this contract. Said untreated water shall be delivered to Company at the place designated in paragraph VIIIhereofe VIII FLLOS Op DXLM@Y OF UNTREATED UTBRi The place of delivery of said untreated water to said Company is fixed at the present site of the reservoir of City at or near Calallen, Texas, the same being the present delivery point of water into the mains which transport treated water to the city limits of Corpus Christi, Texas, Said Company shall, at its sole cost and expense, should it desire untreated water, lay its pipe lines from its point of use of said untreated water to said delivery point where said water shall be measured and metered by City by the seas devices, in the same manner, and subject to the same terms and conditions as set forth in paragraph IY hereof appli- cable to treated watery All meters necessary for measuring un- treated water, only, shall be furnished by Company, but the cost of installation, maintenance, and repair of ease shall be borne by City, All cost andlor expense in pumping or transporting maid untreated water from Calallen to Company *s plant site, inolud- Ing the construction and maintenance of pumping stations and pipe lines, shall be borne solely by Company. City will furnish to Company a treat or parcel of lane. adequate and suitable for establishing and maintaining a pumping station at Calallen at the point of delivery of said untreated water by City to Company, as, if and when called for by said Company. Should City change the location of its reservoir from which water is drawn for the use of its inhabitants -7 within said Cityte boundaries from its present location at or near Calallen, Texas, then, in such event, said Company shall have the right to lay its mains or pipe lima to receive such untreated water, if anys to such different point or points of delivery, and said City shall furnish said water to said Com- parry upon the same terms and conditions and for the sans price as specified herein for the delivery of untreated water at the reservoir at or near Calallen, Texas. II. P6TMMOs Payments for say and all water sold by said City to Company shall be make monthly at the office of the City later Department at the City Hall of Corpus Christi, Texas, and all bills therefor shall be paid on or before the 20th day of the succeeding month after same accrued. 9tntements shall be wiled to said Company at Corpus Christi, Texas, on or before the 10th day of each month, showing the volume of water and the sum of money due City for water sold and delivered to Company during the preceding calendar month. L P➢ICHITIM This contrast is entered into and the sale of this water is made subject at all times to the prior rights of domestic and industrial consumers within the city limits of Corpus Christi, Texas, to the supply of water, and in the event at any time the supply of water shall be so diminished as to injure the then present supply of water to said City's domestic or in- dustrial consumers, then, in such event, this contract shall become suspended; provided, however, upon the acquisition by the City of other and further supplies of waters so that said City would have at its disposal a surplus amount of water over and above the ..g.. total current made of its domestic and industrial consumers, than this contract shall, at the option of the Company, again become iamediately effective and said City will be obligated to sell Company such water as it can furnish and is demanded by said Company in the operation of its plant. Provided that should the available fresh water supply be Insufficient at any time to supply the demands of all persons entitled thereto, the City shall, after taking care of the current made of its domestic and industrial cons mars within the City of Corpus Christi, furnish the Company herein fresh or treated water from the City's supply In the came proportion se is received by other refineries and/or industrial plants outside said city limits of the City of Corpus Christi,, said ratio to be determined by the average daily total water requirements of the Company during its first thirty days of full operation as it shall bear to the average daily total water requirements of other refineries and/or industrial plants outside the city limits of said City which are being supplied fresh or treated water, when they are operating full capacity; provided further, however, the City will not be required to oosiply herewith should to do as require that the City breach any contract heretofore entered into by said City. Ii. I1WSS AND WMSt The right of ingress and egress is hereby granted by City to Company or its agents, employees, or representatives across the lands or premises of City at its reservoir near Calallan, Saxas, or whereever such reservoir is otherwise located, tar the purpose of laying its mains, pipe lines, and for the construction of pumping stations, and for the installa- tion of such other equipment as may be necessary in order for -9- Company to obtain delivery of said water from City, provided the location of each mains, lines, pumping stations, and other equipment Shall be designated by the City. EII. RESTRICTIONS ON S6$A I It is distinctly understood and agreed that said Company shall not deliver or sell water obtained under this contract to any other person, firm, or corpora- tion, except to this Company, and its wholly owned subsidiary companies, and except, further, to ships, streamers, and freighters or any other craft delivering or receiving tonnage from said Company. lilt. FIXED YIRIMM ORLIOATIOH. This contract imposes no obligation upon Company to purchase any minimm amount of water in any calendar month throughout the period of this contract, but Company shall pay to City during the life of this contract the minimum sum of Twanty -five Dollars (525,00) per month, irreapeo tine of whether any water is used or not, same to be payable on or before the 20th day of each month for the preceding calendar month; provided, however, if the volume of water consumed by Company at the applicable rate hereinabove eat forth during any calendar month amounts to more than Twenty -five Dollars ($25.00) than such fixed monthly am of Twenty -five Dollars (525.00) shall be credited upon the amount due. However, if the volumS of water con- sumed by Company at the applicable rate hereinabove set forth during any calendar month amounts to lava than the fixed aum of Twenty-five Dollars (52500) then, in addition to the payment for such water, Company shall pay the difference between the amount duo City for water actually consumed and the sun of Twenty -five Dollars (525.00) Said sums shall be payable at the time and place hersinabove provided for, -10. Irv# RIGRT OF COIdPARY TO TWKMIUn CDFMCT: If the plant or plants of Ccmpe:ay or any or all of its subsidiary or affiliated companies should for economic or any other reason or reasons become inoperative or shut down for a period of at least twelve consecutive months, then, in such event, Company may, by giving City thirty days' written notice, addressed to it by registered mail at Corpus Christi, Tax", cancel and terminate this contract in its entirety. If Company should elect to give and actually gives City said Written antics, then, after the expiration of thirty days from the date said notice is mailed to City, as above provided, this contract shall, in all its provisions, become null and void. IV. EmMSECyt It is further understood and agreed by and between the parties hereto that City shall have the right and privilege, in case of calamity, public emergency or puolic aeceesity, to make a temporary connection to any and all water mine or water pipe lines which may be laid by Company under and by virtue of the terms and provisions of paragraph VIII hereof; provided, however, that in the event such temporary connection is made, City shall reimburse Company for the amount of water used by City at the rate of 3j cents per one thousand gallons for all water so used by City, sad the City agrees to pay a reasonable transportation charge to said company for the water taken. IVI. FORCE XkJEUUc If City should be prevented, wholly or in part, frog fulfilling its obligations tinder this contract by reason of an Act of God, unavoidable accident, act$ of enemy. strikes, fires, floods, governmental restraint or regulation, or any other cases of Force Majeure, then the obligations of City .11. to deliver water to Company, as hereinabove provided, shall be temporarily suspended during the continuation of such Faroe Ma- Jews. No damage shall be recoverable by Company from City by roman of the temporary suspension or deliveries of water flue to any of the causes above mentioned. If the City's obligation should be affected by any of such causes, City shall promptly notify Company in writing, giving full particulars of suor Faroe Majeure as soon as possible after occurrence of the cause or causes relied upon. YVII ASSIGNAEILIM This contract shall be binding upon the parties hereto, their successors aad sssigna, and upon any wholly awned subsidiary companies of Company. IN WITNESS WBEREOF, the parties hereto have caused these presents to be duly executed this 15 day of A. D. 1944 CITY OF CORPUS CHRISTI, TEXAS BY or ATTEM City Seora cry APPROVED AS TO LEGAL FORMt °r-Y COUNTERSIGNED: City Controller SINCLAIR REFIRING COMPANT ATTEST: President ore ery SECTION 2. The public importance of this Ordinance creates a public emergency and public imperative necessity requiring the suspension of the Charter rule that no Ordinance or Resolution shall be passed finally on the date it is intro- duced and that such Ordinance or Resolution shall be read at three several meetings of the City Council, and the YAyor having declared that such public emergency and imperative necessity exists and having requested that such Charter rule be suspended, and that this Ordinance be passed finally on the date of its intro- duction and take effect and be in full force and effect from and after its passage. IT IS ACCORDINGLY ORDAINED. PASSED AND APPROVED this / 'r—. ,4a24 of A. D. 19LI6 IMTOR. My of orpus Christi. T e x a s ATTEST: 21 City Secretary .APPROVED AS TO LEGAL FORME �s City Attorney Co ue Christi, Texas � a . . 1944 TO THE MEMBERS OF THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI Corpus Christi, Texas Gentlemen, For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and an imperative necessity exist for the suspension of the Charter rule or require- ment that no ordinance or resolution shall be passed finally on the date it is introduced# and that such ordinance or resolution shall hereby request that you suspend said Charter rule or requirement and pass this ordinance Finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, MAY R, City o_ Corpus his , Texas The Charter rule was suspended by the following Totes A. C. McCaughan Jos. Mireur Ed. P. Williams D. A. Segrest B. G. Moffett The above ordinance was passed by the following votes A. C. McCaughan Jos. Mireur Ed. P. Williams D. A. Segrest B. G. Moffett Eli,