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HomeMy WebLinkAbout01704 ORD - 08/01/19447/31/44 m AN ORDINANCE ADTHCRSBIFG AND DIRECTING THE MAYOR AND CITY CONTROLLER OF THE CITY CF CORPUS CHRISTI, TEXAS, TO EXECUTE, FOR AND ON BERALI OF SAID CITY, A CONTRACT BY AND BETWEEN TIM CITY OF CORPUS C= STI AND FONTIAC REFINING CORFORATION, FOR TILE SALE OF WATi:R BY CITY TO CORPORATION; AND DECLARING AN EMERGENCY. BE IT ORDAINED n'Y THE CITY CCLNCIL OE THE CITY OF CORPUS CcEISTI, T2 -TASs SECTION 1. That the bayor end the City Controller of the City o; Corpus Christi, Texas, be, and they are hereby, authorised and directed to execute, for and on behalf o: said City, a contract by and between said City and Pontiac Refiring Corporation, for the sale of water by City to said CQ poration, e copy of which contract is attached hereto and made a pert hereof, and reeds as follows, to -wits I I C)+ 1 Sam m Um IV Tim � Mm ft lam 'NSM . the city wt Corpus Christi, Twaef, w sm- alaipal wwrporatpoa. if am the owner of Ste water diatrlbatism systse sad is me wd In eapp.lying Voter top industrial ad do- mwttia purposed wad hi s, is emdaetiog Mob bUsi,rso. acid City iapouads Water Used for owah L,Aatriel wad dowowtio psrponea Sa s reaGTTOlr loeatsd at err Moor Calsll,o, TaMae, from which water it amd will be eeadeatwd is swigs ,md distribatod to its nN,'tf cad WAMA9, Us said city of Corp" Christi, Tears, . it desirous of turalmiag ter pwtiae Sefiaiag Corporation motor to be used by it, its womesaoas and Meeigpa, or to resew warpawa- tim whioh is subsidiary to or offiliwted with pooti" %,fixing Carporatiwn, So the operotpes of its pleat or pl,mta loosted at or now said City et Corpus Christi, NCR. Tit ym, T91$ COMACT AND AMNAM, thle dW much Cad esterwd Sato by a" betwess tbo City, of Wrpos Clwisti, Texas, sating by cad threagh its duly outborietd.wffiosra. bersiu- ~ oellsd "City". God pamtlae Analog Carporatima, a oorporw- tion, sating * sad throwgh Ito AXy autherised ottiaore. horala- after eallad "Cmvw. 10 aao.aideratl"sa of tb promLwo and the Cwt of Tao Dwilare (iris} esab in brad paid to raid City by amid campasy, the resift of whiah is borwty maknmledgad. and the wr,p• bsawfite which have mwaruod to said city by the eoeotrowtiaM of Ow" - Caspssytw pleat er plants star %be oily limits of "" city •f carpus Christi. *ad the 1lsrtbr vom4dora6lan if tha SABINs,N lasom to said City by roue.# at the solo of wafer to said taduotrial CorpW. Its ossoeserrs and moslgam. or sffiltafsd or mobaldfeyy am- pwmt**. It to adveed so follwe+ I. TAt i *AM sad PRIM Said CPi' are" to sell, aubjeet to the #oaditlem* berai,erb*r sot forth. eu*h W*SV d water ss #hall be dsoeadso by the Vamp" for mee by OsgW p 1. the wporrti*m of its pldot or plants soar said City or by OW affillatod or subsidiary 000pealp at the fallowlat rstoa. (a) if tlna Company f amm sot caasmoe aura then five odlllua gallaso of treated water in spy ome calmodor oawth dertag the Ported do " d by this desoraat, the Cam"W owl M to Ctty for ell treat" water asoauaed dwrlag so*h *slond#r Moth the r1t:y's rsgutar tadushrial rwtow for trsa"6 wwaor "ar 30 offset, wkAdh rNsa roars sot by the City Conseil et Corpus Christi. TO=*, tar en ordimen*o duly *mated ueds date of 4n4 12, IMI m (b) It the Cos"my should asmsmao an thou ftvw dlt3em gall-& of treat" weber in pq ape eelemdor saath daring the Period aerated ty this aoctrad. but mat in manw of aorem end ass ball sutra gellms of troatod Water dorimd each .amts• der seat&, the Carpsagl shalt pq to City for all trowtad oatnr wnsomad by it dwrleg Nab wl+admr .oath of the rate of is amts per am thososad gallop o or (s) If the Cam sbemld oamsan hors than or m sod one half miltioa Rallm* of trusted water La sop we oalmm• der anth aeries the Varied *~*d bw this contrast. bob not In axossa at tom sdlltae gollvms or treat" water doriwg ofth aalosaar partb, the CoMVW ohall pear to City for all treated water amorod by it atrisg smote *aloador mouth at the rats of 11 "she per saw thaseami goileasp or .t. (d) It the Company should son~ In aweless or tan million gallons of treated water in any oalendar moth during the period ecseled by thin contract, Company shall pay Clty for all treated water enaausd during euah Calendar month at the rate of 10 oeato per one thousand gallons. 6aSd treated water shall be delivered to said Com- pany at the pews daotAated in paragraph III hereof. II. TFM Of COQTRMTe The oblUxtiamt of the portion bersto shell be binding wed shall estsnd from the data hereof up to and Sneluding July i, 390 . III. PUCE Or DFUVSRT or TSEATEO WA R, The City now operates ad maintains throe main pipe IS&es for the transportation of water from Calallea, Texas, to the City of Carpcs Christi for u- stribution of its treated water to domestic end industrial aan- aware in and neat the City of Corpun Chri.tt, Texas. The City agrees to deliver to Company treated water from suet mains of the sae type and quality as Jr. famished by it to such domeette ant industrial ounsuers, and the Corporation to talcs off the 'maims of the City at a mutually satisrtwtM point, along 'Oak part JWMU6", which is en the vast aids of the c'orporation's refinery between ffulaanhe Rt:reat and Ifassari Pacific Railway Treelu* and the Qgrpora_ tlon agrees to receive rand smcapb delivery of eueh treated water at each point, or is aaoordsaae wWt the terns end conditions of this eamtract. It is understood that City shall famish tape for One- neoton by avid Corporation to amid weiao. OF WATERS Tbs treated water do3lesr- able horevader dull be aasared by suitable voter motor or motes .a - of atandatd ask&, alas to be foraiabed. Installed, used WO Is repair by the City an the property of Csmpeay at or saw the plau of delivery. Cheeks as to the seoursay of the aster or maters plait be same City stall notify Compsmy in writ- ing tea dsye in Sam" of all asai -muasl ahaeks a" Outs to erdev that Company sty hove a reprmmotative present as a rltnown. ;iamb -msuel teats me to the seeaeasy of the eater or motors III- stalled by the City shall be at ilia City -a expos". If sittor City or CanpW at any time shall motiiy the other the* it desires a special bat of am motor, the parties shall cooperate to evoure as Swrdiate veri U"Jes of tie sae wasy thereof and joint ob. sarvatlosm of say 443metmoots. If upon ooy rush special toots said eater Is fbvmd to be low them t per emit high or ion, tie coot of such tests shell be paid by the party requesting theme otherwise. by the otter poriq. fr►ch pasty aha11 givo to the abler motiao of the time of all such tests officially Is advanso of the holding of the teats so that the other party may have a rap - rosentativs present, if upon soy toot City's aster or asters are team to bs not Rare than E per east high or lea. previous "adinge of wok water snail be smolder" esrreut in toepatiot the values of gates delivered by City to Company, but meet motors shall be at ease properly adjusted to revers smoratsly. It on say tests City's aster or meters shell be found to be faveeerabe by as omooet enesdimg 8 For seat. them say previous readim6a of smote mater• shall be eorreeted for any period whiol le defla- itely knows or Wood spa. bat so swh normative shall ambomd beet ever a Varied begiming aura than fifteen dare prior tm the time whoa sac§ fammura y use first mods I - by either porgy to the etkor, if for mey room City's safter or aster* are out of marries to that the volute of eater delivomble bersonder assent Too arsrtaiard or somputed free ether readings thereof, the water _d - delivered daring Us period mob meter W rotors are out of sir- vies own be mothembed and agroed upon b the parties herate epee the basis of the beat data orailabla. T. T86p#O l AS the point at d►llrsry at treata0 stow City shell at all tiro maintain a preesmre in amah amovat that the *tan stall not be Isar than tarty panda per agate Josh at each paint and *hall mdartsbe to maintain an aror6p prepare of fifty Pounds par square Leah. Tl. NAM and Pecs Far the considerations herels stated, City agrees to sell, sobjoet to the conditions tere- faafter set forth& such rtruted water on stall be dasusdod by Cssgwny far Use by Said Campaay im tha construction or operation of its plant or plasts now said City or by any of its affiliated er eaLeidLery emopmal a at the 611esing rate$ d} seed per WO thousand 90114" for all eater ielteared by City to Comp* r dWIR$ the period covered by this ocatreat. said eatreated water shall be delivered to Company at the plow deal&%*%" in paragraph TII hareet. ill. PIJ� OF MSMY of Os MM >olftsR$ She plate of 691irwry of said untreated water to aald CompW is fixed at the present site of one seam Ir of City at or saw Galena.. Tans. the Rose being the Protest delivery POW of Weser Late the ins" which transport treat" later to the city limits of Cargos Christi. Totes. Said Cawpeoy shall, at its sera $*at mod ersj no. should it desire entreated eater. lar its pips linen from its point of we of said entreated water to sold delivery Point who" sold water *All be metaured and arbes" by City tj the area 6WiN". is too tar MMOW. and sebjret to the ease terms am asaditicse as dot forth is pe"W"t. 1T hereof appli. table to treated water. All makes a amseaaery far enaseris6 um- treated water, only. shall be foratabod by Coysq, bet the asst -6- at Snetallmtisa, malatenva"# smd repair of save 4011 be berms by Vitt. All seat wel/or c pones in puopiag or treocperting aald Untreated rater frsa CR1611e6 to comparfa pleat site shell be tors+ oela4r by Company. City will fUalsh is Conpsay a treat or parcel of land odagoe.te sad suitable for establishing and maintaining a pnpping atetien It Wallet at tho point of delivery of acid untreated water by City to Vompegy as. if. and When called far by said Campsay. should said City slangs the lonation of Ito reservoir from stick water to dram for the use of its Inhabitants within sold City's boundaries from its "want laostion at or new eelellem, Tomas. them. in sock event. *aid Company shall hews the right to 1sy Its naiss or pipe lines to resolve mush Untreated water. if ate•, to such different point ar points of delivery. anc said City shall furnish said water to said Compsag %pen the arm terse sod condition sad for the mama price as specified herein for the delivery of ualrested ruterot the reservoir at or sear Calallen. 4vsas. Till. F Ss Payments far, my sad all water sold bt said City to Compepp shall be soda monthly at the effles of the City elates Department at the City Bell of Corpus 4risti. Texno, smd all bills therofor #bail be paid an or before the 20tk day of the susoasding myth after two mosrued. Statements shall be mailed to said Cempasy at Corpus Christi, tare, on the lot day of weak aaatk. showing the volume of water sad the am of money dam City, for water sold sad dalivorad to Compemy during the irroaeding caloader month. I2. P8Il11lP Mi This aontreat is entered into *ad the sale of this water is me" sahjeat at 4,11 tiers to the prior rlbkts of derstie sad iadmetrial eaanuors within the city limit9 of Corpus Christl. Taws, to tb�e oopply of water. and In tie etiat at UT tiam the only of rater shah be So 6101019106 as to 1000 .g - the tbea present 40WIT or motor to arms City's drsestle or in- *s*trlsl esosmmsrs. tbes, in sash *sat, this eemtrest shop becow aasprsdsdl prodded, heaeear, tint shamld tin City pry is July 1, 1545 , ""1" abler mad fwrk W *0191406 of Water by tirtss of uhuh City would hose at its disposal a surplus -mount of water war mud shore tir total awrreat moaoda of its dWastle end Sndma- trial oonesrmra, then thin oomtrost sho11 spin become i®edisto- ly strootbv mad said City Rill be eblisntod to fell Caen rush Water as it am fersleb and 1e, deoesdsal by said company in the "Motias of its plant or plant* or im the cps *tion of smy at the lodustrU• of its mtbsldlmries er elfillatod cowponies. Z. 19VUW MD MMa The right of 1AW894 and agrees 1s hereby great" by City to Company or Its *geate, arTloyo* *, W aeprssawfatlrss sere" the lords or promises of City of its rsoarvair now Calallan, lexse, or shorever sfth rossrvsir is otherwise 'located. for the puricso of ley5ag its mains, piPs Buse, and fbr tha aenstreotisn of pnopleg stations. and for the IAASI- lstima of smote otb*r eopaipreut as may be ed*ssomry in ordn` far Comps" to obtain Wisory of add water frees City• XX . STBICSX6�6 Q91 u—s" m It to dimtlaatly 60dsrete" and agreed that O&M Ceapq Shall sot d *l#sr ar 6011 sates eh- tolaed Under this aaedtract to avy other peras16 firm, or oerpors- tion. *e,oapt rash pors"s. firms. end serparetiono Which are offilieted with or subsidiary is this 00 and 660 *Pt firthsr to ships. stsiuwrs, and fr*ighters or say other draft ssliseriag or roeoisiag t*nnsy* free, said Cow or Its subsidiary Sr sftU- toted eanpealma. X11. pISiCVS b`IMMI CDUUTUH This ccmtrawt UPS" as ablipAlms opfe ComprB' to pwaba60 Say mim— ms*uat of r - 7 - Sa eep oatemam watt thraaglmub the porled of this oestroat, but CnWW aball poy to city during the lilt of this emtraet the slaieoa "a of -fl" Deus" 0a) per mm". Irreapa* tlee of whether up Water 1e used or not, pose to be payable an or before the 8dth day of each month for tim prseadlag seleedar maths provided. hoae►er, if the voluso of water somaaWad by cm- pug at the applicable rata horOmabove sat forth during sap said Under math amounts to mars than 1wasty -iris 1,on"* (60). than sash bona mnMy as of Treaty -five Sollars ($26) .hail be ared- sted upon the mmust due. gaamor, It the valiars of water ean- "mad hy Compepy at the applieable rate herslaabove set forth during aay oalendar mem,ath ammtts to leas than the fitwd am of Twenty -five Dollars ($26), then. it eiditlea to the payment for each water. Cow shall pay the dlfferesee between the meant duo City for water actually ecaeossd sad the ass at Taos five Dollars (025). Bald sums shall be peyeble at the time sad plwa herelaabove provided for. 2171 RIM OF CCRpSBY TO Ttm wjn CM *Ws It the pleat or plants of CospmW or say or nil of its esbsSdlny or affiliated companies should for eeosesls or sap *Aber reason ev reasons batons Imporstivo or shot down far • period of at least twelve asomw tivo scathe, than. So rush wvoae. Olagaog maim, by givsas City thirty days written notice, addressed to It ty re&- intered mall at Corp" Cbriatl. Sssas, osnael and tatalaate We sontraet it Its eatirety. If Ca WOW should al-at to give end setually givec City said written mono% them, after the eolrw ties of thirty days from the vote said astiea to sailed to City, as above provide4 this coabract shall, in all Ito provl"Ofts. becomes moll and void. M. S Cla It to farther andsretoad and agreed .a. by and botwaau the parties hereto that City shell have the rlrht mnd,priviloge. In *ass of aslauity, publbc emerponay, or pablia sesessity, to ,sake a temporary semostias to oqy end m11 motor mein* Or water pipe liana which may be laid by Company under mad by Virtue of the terms and provisions of paragraph VII heraef. provided. however, chat in the event such tempnrsry aenneetim is seat, City shall wsiscbarse Company for the mamst of water used by City at the rat* of * cents per one tha�oead pallms for all water se used by City. Iv. 8W[C MAJRCUs If Oty should be provost", wholly or in pat, free fultilliaa its obliAatlms under this contract by ro"On of an Act of fled, ueavoidable sasidant, aota of aauy, strikes& firess fleode, governmental restraint or rrgulatim, or any other cases of Fierce hajsurs, then tho Obligations of City to dsliva water to C:ompemy, as hveia*bavr provided, shall be temporarily suspended during the omtimatiam of such !'eras ft wars. hie dsag* aball be recoverable by Compopy from city by semen of the temporary onepenelen of deliveries of water dew to why of the causes above mentioned. 'It the City's obllgatiea obould be affected by my of such *asses, City shall promptly notify Compan is writing, giving fall partioulars of cash Faree ifajeare as soda at possible after aomavanoo er the swum or causes rolled Upon. :l!1. AZIMWILITY% This contrast ahall be bindieg up" the parties hereto, their auseessors and "signs. 33 #I USS . the psrtias berate haws ammesd -0- these psrnma to be duly omauted this day of JUIY. 1944- CITY or CQHPL°F cm,,TI. TEX", Am"T s city Secretary AP *:OAP AS TO I.RM FC&.°w: City orne9 ATTESTi rarrtaSp P A. •. Wor POETIAC REVIMG CORtT.`MI --Im Pros drat SECTION 2. The public importance of this Ordinance creates a public emergency and public imperative necessity requir- ing the suspension of the Charter Rule that no Ordinance or Resolu- tion shall be passed finally on the date it is introduced and that 6 ,, Ordnance or Resolution shall be read at three ssve,. I meetings of the City Council, and the Mayor having declared that such public emergency end imperative necessity exist, and having requested that such Charter Rule be suspended and that this Ordinance be passed finally on the date of its introduction and take effect and be in lull force and effect from and after its passage, IT IS, ACCORDINGLY, SO ORDAINED. PASSED AND APPROVED this / day of A. D. 1944. , MAYOR, City of CorFms Christi, Texas ATTEST, i City eoretary APPROVED AS TO LEGAL FORM; City Attorney Corpus Christi, Texas C1111 f 1944 TO THE MEaBERS OF THE CITY COOFCIL OF THE CITY OF CORPUS CHRISTI Corpus Christi, Texas Gertiemens 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 be read at three several 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 introduced, or at the present meeting of the City Council. Respectfully, MAYOR, City of Corpus Christi, Texas The Charter Rule was suspended by the following votes A. C. McCaughan Joe. &ireur Ed. P. Williams D. A. Segrest B. G. Moffett The above Ordinanoe was passed by th following vote. A. C. McCaughan Joe. Mireur Ed. P. Williams D. A. Segreat 4, B. G. Moffett :F: 110+