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+