HomeMy WebLinkAbout01754 ORD - 12/22/19444 1 QR-0INASJCE NO.;'. / %s
-A'[ITHORIZIAT(} AND SIR w".TTtIG
tat A.i&Y0AnAND Tfg
COTTROLL {'OF TEE CITY OF CORPS C3fiISTZ, TMCAS,
TO. E%$CUTE FOR`AND` OR BEYAjp ON 'ATfi CITY A CO:IIR,ACT
BY AND BETINIERT TITS CITY OF CORPUS CR ISTI. AND TAYLOR
BEFINING'COMPANY,' :FOR TNB SALE OF RATER -,9Y TSB CITY
TO SAID CORPORATION, RA CONTRACT TO BB DATED .$ 0
'IM l9,' 191 I}, 8RD` DECTIIRTLTG A$'pp gRGBgO¢
T ORDAINED AY+ TFIE O B1 C 13NCFI OF: TBB CITY: OF "¢om' s C�iRIST �'
TEX65:
SECTION 1. That the I.*ayor� dald the'C3,ty ContFo11.er df�
oP
, , t)� City Coip 1F Christ,., . Texaa� ba,, app. tl _ ara, her,Qpy aq
iced sad direatad. to ezeayte,'Par and, oh beha1 oP aaid.Ciiy.
oontract d9teo duly 19 -19 by. and betXeen said pity,e. 1 Tayigt
BePan9ag CompaYiyi �T-or the sale
0. *.:t4 by Csty. to said Cgrpr0.tia
a anpp o.Ch oaatrsat is;pttaohad Eeretq ad:'made a part, hec£
THE STATE OF TEXAS
COUNTY OF NUECES
WHEREAS, THE CITY OF CORPUS CHRISTI, TEXAS, A
MUNICIPAL CORPORATION, IS NOW THE OwNER OF ITS WATER DISTRI-
BUTION SYSTEM AND IS ENGAGED IN SUPPLYING WATER FOR INDUS-
TRIAL AND DOMESTIC PURPOSES: AND IN CONDUCTING SUCH BUSINESS,
SAID CITY IMPOUNDS WATER USED FOR SUCH INDUSTRIAL AND DOMES-
TIC PURPOSES IN A RESERVOIR LOCATED AT OR NEAR CALALLEN,
TEXAS, FROM WHICH WATER IS AND WILL BE CONDUCTED IN MAINS
AND DISTRIBUTED TO ITS USERS: AND
WHEREAS, TAYLOR REFINING COMPANY HAS ENTERED INTO
AN AGREEMENT WITH THE DEFENSE PLANT CORPORATION, A CORPOR-
ATION CREATE0 BY THE RECONSTRUCTION FINANCE CORPORATION,
PURSUANT TO SECTION 50 OF THE RECONSTRUCTION FINANCE COR-
PORATION A CT, AS AMENDED, TO AID THE GOVERNMENT OF THE
UNITED STATES OF AMERICA IN ITS NATIONAL DEFENSE PROGRAM,
UNDER THE TERMS OF WHICH AGREEMENT THE TAYLOR REFINING COM-
PANT IS TO CONVERT A PORTION OF ITS PRESENT PLANT, AND WILL
OPERATE - SAID CONVERTED UNIT FOR THE MANUFACTURE OF CERTAIN
ESSENTIAL INGREDIENTS OF SYNTHETIC RUBBER, 4NO WILL CONTINUE
TO OPERATE THE REMAINING UNITS AS AN OIL REFINERY, WHICH
SAID ENTIRE PLANT 15 LOCATED IN A SOUTHERLY DIRECTION FROM
THE SOUTHERN ALKALI PLANT, AND ON PROPERTY BOUNDED ON THE
SOUTH BY TRIBBLE LANE AND ON THE EAST BY POTH LANE, AND SAID
TAYLOR 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
15 DESIROUS OF FURNISHING TO TAYLOR REFINING COMPANY, ITS
SUCCESSORS AND ASSIGNS, AND ITS WHOLLY OWNED SUBSIDIARY COM-
PANIES, IN THE OPERATION OF ITS PLANT, AND SAID TAYLOR RE-
FINING COMPANY 1S DESIROUS OF PURCHASING FROM SAID CITY,
WATER TO BE USED IN CONNECTION WITH THE OPERATION OF SAID
ENTIRE PLANT:
NOW, THEREFORE, THIS CONTRACT AND AGREEMENT THIS
DAY MADE AND ENTERED INTO BY AND BETWEEN THE CITY OF CORPUS
CHRISTI, TEXAS, ACTING BY AND THROUGH ITS DULY AUTHORIZED
OFFICERS, HEREIN AFTER CALLED WCITY", AND TAYLOR REFINING
COA.IPANY, A CORPORATION, ACTING BY AND THROUGH ITS DULY AU-
TNORIZEO OFFICERS, HEREINAFTER CALLED "COMPANY",
W I T N E S S E T H:
IN CONSIDERATION OF THE PROMISES AND THE SUM OF
TEN DOLLARS ($10) CASH IN HAND PAID TO SAID CITY BY SAID
COMPANY, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, AND
THE MANY BENEFITS WHICH SHALL ACCRUE TO SAID CITY BY THE
CONSTRUCTION AND OPERATION OF SAID COMPANY'S CONVERTED UNIT,
AS WELL AS THE OPERATION OF SAID UNIT, AND THE FURTHER FULL
TIME 0PEAATION OF SAID ENTIRE PLANT OF SAID COMPANY, NEAR
THE CITY LIMITS OF SAID CITY of CORPUS CHRISTI, AND THE
FURTHER CONSIDERATION OF THE INCREASED INCOME TO SAID CITY
BY REASON.'. OF THE SALE OF WATER TO SAID INDUSTRIAL COMPANY,
ITS SUCCESSORS AND ASSIGNS, OR WHOLLY OWNED SUBSIDIARY COM-
PANIES, IT 15 AGREED AS FOLLOWS:
1
TREATED WATER AND PRICE: SAID CIrY AGREES To SELL,
SUBJECT TO THE CONDITIONS HEREINAFTER SET FORTH,SUCH TREATED
WATER AS SHALL BE DEMANDED BY THE COMPANY FOR USE BY THE
COMPANY IN THE CONSTRUCTION AND/OR OPERATION OF ITS ENTIRE
PLANT NEAR SAID CITY AT THE CITY'S REGULAR INDUSTRIAL RATES
FOR TREATED WATER NOW IN EFFECT, WHICH RATES WERE SET BY THE
CITY COUNCIL OF CORPUS CHRISTI, TEXAS BY AN ORDINANCE. DULY
ENACTED UNDER DATE OF THE 16TH DAY OF AUGUST, A.D. 1938, AND
WHICH ORDINANCE WAS AMENDED AS OF THE DATE OF 12TH DAY OF
JULY, A.D. 1944 AND WHICH SAID ORDINANCE AND AMENDMENT SET THE
OUTSIDE CITY LIMITS INDUSTRIAL RATES AS FOLLOwS:
A) INDUSTRIAL CONCERNS CONSUMING 100,000
GALLONS TO 250,000 GALLONS OF WATER PER
MONTH SHALL PAy 301. PER ONE THOUSAND
(1000) GALLONS, WITH A MINIMUM CHARGE
OF $30.00.
B) INDUSTRIAL CONCERNS CONSUMING 250,000
GALLONS TO 500,000 GALLONS OF WATER PER
MONTH SHALL PAY 251 PER ONE THOUSAND
,ML000) GALLONS, WITH A MINIMUM CHARGE
OF $62.50.
0) INDUSTRIAL CONCERNS CONSUMING 500,000 GAL-
LONS TO 1,000,000 GALLONS OF WATER PER
MONTH SHALL PAY 22¢ PER ONE THOUSAND (1000)
GALLONS, WITH A MINIMUM CHARGE OF $110.00.
0) INDUSTRIAL CONCERNS CONSUMING 1,000,000
GALLONS TO 1,500,000 GALLONS OF 007E0
PEA MONTH SHALL PAY 20,6 PER ONE THOUSAND
(1000) GALLONS FOR ALL WATER CONSUMED IN
EXCESS OF 1,000,000 GALLONS PER MONTH.
E) INDUSTRIAL CONCERNS CONSUMING. 1,500,000
GALLONS TO 2,000,000 GALLONS OF WATER
PER MONTH SHALL PAY 18/ PER ONE THOUSAND
(1000) GALLONS FOR ALL WATER CONSUMED
IN ExCESS OF 1,500,000 GALLONS PER MONTH.
F) INDUSTRIAL CONCERNS CONSUMING 2,000,000
GALLONS TO 2,500,000 GALLONS OF WATER PER
MONTH SHALL PAY 16,1 PER ONE THOUSAND (1000)
GALLONS FOR ALL WATER CONSUMED IN EXCESS
OF 2,000,000 GALLONS PER MONTH.
G) INDUSTRIAL CONCERNS CONSUMING 2,500,000
GALLONS TO 3,000,000 GALLONS OF wATER
PER MONTH SHALL PAY 151 PER ONE THOUSAND
(1000) GALLONS FOR ALL WATER CONSUMED IN
EXCESS OF 2,500,000 GALLONS PER MONTH.
H) INDUSTRIAL CONCERNS CONSUMING 3,000,000
GALLONS TO 5,000,000 GALLONS OF WATER
PER MONTH SHALL PAY 140 PER ONE THOUSAND
(1000) GALLONS FOR ALL WATER CONSUMED IN
EXCESS OF 3,000,000 GALLONS PER MONTH,
UNLESS OTHERWISE - PROVIDED BY SPECIAL CON-
TRACT.
1] INDUSTRIAL CONCERNS CONSUMING 5,000,000
GALLONS TO 7,500,000 GALLONS OF WATER
PER, MONTH SHALL PAY 12' PER ONE THOUSAND
(1000) GALLONS FOR ALL WATER CONSUME( IN
EXCESS OF 5,000,000 GALLONS PER MONTH,
UNLESS OTHERWISE PROVIDED BY SPECIAL CON-
TRACT.
3 -
J) INDUSTRIAL CONCERNS CONSUMING 7,500,000
GALLONS TO 10,000,000 GALLONS OF WATER
PER MONTH SHALL PAY 111i PER ONE THOUSAND
(1000) GALLONS FOR ALL WATER CONSUMED IN
EXCESS OF 7,500,000 GALLONS PER MONTH,
UNLESS OTHERWISE PROVIDED BY 'SPECIAL
CONTRACT.
K) EVERY INDUSTRIAL CONCERN CONSUMING IN
EXCESS or 10,000,000 GALLONS OF WATER
PER MONTH SHALL PAY 1Cp PER ONE THOUSAND
(1000) GALLONS FOR ALL WATER CONSUMED IN
EXCESS OF 10,000,000 GALLONS PER MONTH,
UNLESS OTHERWISE REGULATED BY SPECIAL
CONTRACT AS PROVIDED IN SECTION 5 OF 'THIS
ORDINANCE.
SECTION 5. THE RATE FOR INDUSTRIAL CONCERNS, WHETHER
INSIDE OR ;?UTSIDE THE CITY LIMITS OF THE CITY OF CORPUS CHRISTI,
CONSUMING IN EXCESS OF TEN MILLION (10,000,000) GALLONS OF WATER
PER MONTH MAY BE FIXED BY SPECIAL CONTRACT BY AND (BETWEEN ANY
SUCH INDUSTRIAL CONSUMER AND THE CITY OF CORPUS CHRISTI BY A
MAJORITY VOTE OF THE CITY COUNCIL FOR ALL OF THE WATER CONSUMED
BY SUCH CONSVMER, INCLUDING THE FIRST TEN MILLION (10,000,000)
GALLONS CONSUMED PER MONTH.
SAID TREATED WATER SHALL BE DELIVERED TO SAID COMPANY
AT THE PLACE DESIGNATED. IN PARAGRAPH III HEREOF.
Il
TERM OF CONTRACT: THIS AGREEMENT SHALL CONTINUE IN
FORCE AND EFFECT FOR SO LONG AS THE COMPANY, ITS SUCCESSORS AND
ASSIGNS, OR ITS WHOLLY OWNED SUBSIDIARY COMPANIES, SHALL CONTINUE
TO MAINTAIN AND OPERATE THE REFINERY HEREIN REFERRED TO AND /OR
SOME OTHER REFINERY AT SAID LOCATION, AND THE CITY OF CORPUS
CHRISTI SHALL CONTINUE TO MAINTAIN AND OPERATE 115 OWN WATER
DISTRIBUTION SYSTEM AND 15 ENGAGED IN SUPPLYING WATER FOR INDUS-
TRIAL AND DOMESTIC PURPOSES, BUT NOT FOR LONGER THAN .THE DURATION
OF THE WAR IN WHICH THE UNITED STATES IS NOW ENGAGED, AND UNTIL
SUCH WAR IS TERMINATED BY A TREATY OF PEACE PROCLAIMED BY THE
PRESIDENT AND FOR SIX MONTHS THEREAFTER.
III
PLACE OF DELIVERY OF TREATED WATER: THE CITY NOW OPER-
ATES AND MAINTAIN5 TWO MAIN PIPE LINES FOR THE DISTRIBUTION OF
WATER FROM CPLALLEN,TEXAS, TO THE CITY OF CORPUS - CHRISTI FOR D15TR1-
BUTION OF ITS TREATED WATER TO DOMESTIC AND INDUSTRIAL
CONSUMERS IN AND NEAR THE CITY OF CORPUS CHRISTI, TEXAS.
THE CITY AGREES TO DELIVER TO THE COMPANY TREATED WATER FROM
SUCH MAINS OF THE SAME TYPE AND QUANTITY AS IS FURNISHED BY
IT TO SUCH DOMESTIC AND INDUSTRIAL CONSUMERS, AND THE COM-
PANY-TO TAKE OFF THE MAINS OF THE CITY AT TWO MUTUALLY SATIS-
FACTORY POINTS, ONE BEING NEAR THE NORTHEAST CORNER OF THE
PROPERTY AT FOTH LANE, WHICH IS ON THE EAST SIDE OF THE
PROPERTY, AND THE OTHER NEAR THE SOUTHEAST CORNER OF THE
PROPERTY AT TRIBBLE LANE, AND THE COMPANY AGREES TO RECEIVE
AND ACCEPT DELIVERY OF OUCH TREATED WATER AT SUCH POINTS, OR
IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS CONTRACT.
IT IS UNDERSTOOD THAT CITY SHALL FURNISH TAPS FOR CONNECTION
BY SAID COMPANY TO SAID MAINS.
IV
MEASUREMENT OF WATER: THE TREATED WATER DELIVERABLE
HEREUNDER SHALL BE MEA5URE0 BY SUITABLE WATER METER OR METERS
OF STANDARD MAKE; THE READING OF SAID METER OR METERS SHALL
BE ON THE LAST DAY OF EACH MONTH, AND 5AME 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 DR METERS SHALL ■E MADE SEMI-
ANNUALLY. CITY SHALL NOTIFY COMPANY IN WRITING TEN DAYS IN
ADVANCE OF ALL SEMI +ANNUAL CHECKS AND TESTS IN ORDER THAT.
COMPANY MAY HAVE A REPRESENTATIVE PRESENT AS A WITNESS.
SEMI-ANNUAL TESTS 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 NOTIF-Y THE OTHER
THAT IT DESIRES A SPECIAL TEST OF ANY METER, THE PARTIES
SHALL COOPERATE TO SECURE AN IMMEDIATE VERIFICATION OF THE
ACCURACY THEREOF AND JOINT OBSERVATIONS OF ANY ADJUSTMENTS.
IF UPON ANY SUCH SPECIAL TESTS SAID ,METER 15 FOUND TO BE LESS
-5-
LESS THAN 2 PER CENT HIGH OR LOWS THE COST OF SUCH TESTS
SHALL BE PAID 8Y THE PARTY REQUESTING THEM: OTHERWISE BY
THE OTHER PARTY. EACH PARTY SHALL GIVE TO THE OTHER NO-
TICE OF THE TIME OF ALL SUCH TESTS OFFICIALLY IN ADVANCE
OF THE HOLDING OF THE TESTS 50 THAT THE OTHER PARTY MAY
HAVE A REPRESENTATIVE PRESENT. IF UPON ANY TEST CITY'S
METER OR METERS ARE FOUND TO BE NOT MORE THAN 2 PER CENT
HIGH OR LOW, PREVIOUS READINGS OF SUCH METER SHALL BE
CONSIDERED CORRECT IN COMPUTING THE VOLUME OF WATER DE-
LIVERED BY CITY TO COMPANY, BUT SUCH METERS SHALL BE AT
ONCE PROPERLY ADJUSTED TO RECORD ACCURATELY. IF ON ANY
TESTS CITY'S METER OR METERS SHALL BE FOUNO TO BE INAC-
CURATE BY AN AMOUNT EXCEEDING 2 PER CENT, THEN ANY PRE -
VIOUS'READINGS OF SUCH METERS SHALL BE CORRECTED FOR ANY
PERIOD WHICH IS DEFINITELY KNOWN OR AGREED UPON, BUT NO
SUCH CORRECTION SHALL EXTEND BACK OVER A PERIOD BEGINNING
MORE THAN FIFTEEN DAYS PRIOR TO THE TIME WHEN SUCH INAC-
CURACY WAS FIRST MADE KNOWN 80 EITHER PARTY TO THE OTHER.
IF FOR ANY REASON CITY'S METER OR METERS ARE NOT OF -SER-
VICE 50 THAT THE VOLUME OF WATER DELIVERABLE HEREUNDER
CONNOT 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 A-
GREED UPON BY THE PARTIES HERETO UNPON THE BASIS OF THE
BEST DATA AVAILABLE.
V
PRESSURE: AT THE. POINT OF DELIVERY OF TREATED
WATER, CITY SHALL AT ALL TIMES DO EVERYTHING THAT IT'OAN
REASONABLY 00 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 UNDERTAKE TO MIINTAIN AN
AVERAGE PRESSURE OF FIFTY POUNDS PER SQUARE INCH: PRO-
-6..
VIDED THAT FAILU,.E TO .,3INT315 THE PRESSURE AS HEREIN
SET CUT SHALL NOT BE CONSIDERED AS 0 BREACH CF THIS CON -
TRACT.
Ui
UNTREATED ,Ni-TER AND PRICE: FOR THE CONSIDER-.
A710N5 HEREIN STATED, CITY AGREES TO SELL, SUBJECT TO THE
CONDITIONS HEREISOFT�-R SET FORTH, SUCH UNTREATED ..ATER
AS SHALL BE DEMANDED BY 10S1PANY FOR USE 8Y SAID COMPANY
IN THE CONSTRUCTION OR OPERATION OF ITS PLANT OR PLANTS
NEAR SAID CITY OR BY ANY OF ITS AFFILIATE6 OR SUBSIO4LRY
COMPANIES AT THE FOLLG'SINO RATE:- Di CERT5 PEP ONE
THOUSAND GALLONS FOR ALL RATER DELIVERED SSY CITY TO 00H-
PANT DURING THE PE5100 COVERED BY THIS CONTRACT, SAID
UNTREATED WATER SHALL BE DELIVERED TO .3u. .f,Y AT THE
PLACE DESIGNATED IN PARAGRAPH Vil HEREOF.
VII
CF DEL1VIRY OF UAITG=AT:_L
PLACE OF DELIVERY OF SAID UNTREATED DATER. TO 5510 CO ANY
IS FIXED AT- THE - PRESENT SITE OF THE RESERVOIR OF :ITY AT
OR NEAR OALALLEN, TEXAS, THE SAME BEING THE PRESENT DE-
LIVERY ROBOT OF ,A ATE: INTO THE 115135 (:,HIGH TRANSPORT
TREATED 'DATER TO THE CITY 5151 TS OF CORPUS -:HRISTI, TEA-
A5. :SAID COMPANY SHALL, AT ITS SOLE COST AND EXPENSE,
SHOULD IT DESIRE UNTREATED 14ATER, LAY ITS PIPE LINES FROM
ITS POINT OF USE OF SAID UNTREATED `'ATER TO SAID DELIVERY
POINT 'WHERE SAID 'HATER SHALL BE (MEASURED AND METERED BY ''JITV BY THE
SAVE DEVICES, IN THE SAME MANNER, AND SUBJECT
TO THE SAf0E 556415 AIRO CONDITIONS AS SET FORTH IN
PARAGRAPH IV HEREOF APPLICABLE TO TREATED 14ATER. ALL
METERS NECESSARY FOR MEASURING UNTREATED SATER, ONLY,
SHALL 65 FURNISHED BY COMPANY, BUT THE COST OF INSTALL
ATION, MAINTENANCE, AND REPAIR OF SAME SHALL BE BORNE BY
CITY. ALL COST AND/OR EXPENSE IN PUM►1NG OR TRANSPORTING
SAID UNTREATED WATER FROM CALALLEN TO COMPANY'S PLANT SITE
SHALL BE BORNE SOLELY BY COMPANY. CITY WILL FURNISH TO
COMPANY A TRACT, OR PARCEL OF LAND 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, ARE '33E3 CALLED FOR 5Y SAID COMPANY. SHOULD
CITY CHANGE THE LOCATION OF ITS RESERVOIR FROM WHICH FV ATER
T5 DRAWN FOR THE USE OF ITS INHABITANTS WITHIN SAID CITY'S
BOUNDARIES FROM 115 PRESENT LOCATION AT OR NEAR CALALLEN,
TEXAS, THEM, IN SUCH EVENT, SAID COMPANY SHALL HAVE THE
RIGHT TO LAY ITS MAINS OR PIPE LINES TO RECEIVE 5UCH UN"
TREATED 'WATER, IF ANY, TO SUCH DIFFERENT POINT OR POINTS OF
DELIVERY, AND SAID CITY SHALL FURNISH SAID 'MATER TO SAID
.OIMPANY UPON THE SAME TERMS AND CONDITIONS AND FOR THE SAME
PRICE AS SPECIFIED HEREIN FOP THE DELIVERY OT UNTREATED
MATER AT THE RESERVOIR AT OR NEAR CALALLEN, TEXAS.
VIII
PI.YSIENTS: PAYMENTS FOR ANY AND ALL 3ATER SOLD
BY SAID CITY TO COMPANY SHALL BE MADE MONTHLY AT THE OFFICE
OF THE CITY .,ATER DEPARTMENT AT THE CITY HALL OF CORPUS
CHRISTI, TEXAS, AND ALL BILLS THEREFOR SHALL BE PAID ON OR
BEFORE THE 20TH DAY 05 THE SUCCEEDING MONTH AFTER SAME
ACC3005, STATEMENTS SHALL BE MAILED TO SAID COMPANY AT
CORPUS CHRISTI, TEXAS, ON OR BEFORE THE 10TH DAY OF EACH
MONTH, SHOWING THE VOLUME OF HATER AND THE SUM OF MONEY DUE
CITY FORWATER SOLD AND DELIVERED TO COMPANY DURING THE PRECEDING
CALENDAR MONTH.
I5
PRIORITIES: THIS CONTRACT 15 ENTERED INTO AND THE
SALE OF THIS PLATER IS MADE SUBJECT AT ALL TIMES TO THE.PRIOR
RIGHTS OF DOMESTIC AND INDUSTRIAL CONSUMERS WITHIN THE CITY
LIMITS OF CORPUS 'CHRISTI, TEXAS, TO SUPPLY WATER, AND IN
THE EVENT AT ANY TIME THE SUPPLY OF WATER SHALL 40 50 01.515-
15HE0 AS TO INJURE THE THEN PRESENT SUPPLY OF 'WATER TO SAID
CITY'S DOMESTIC OR INDUSTRIAL CONSUMERS, THEN IN SUCH EVENT,
THIS CONTRACT SHALL BECOME SUSPENDED; PROVIDED, HOWEVER, UPON
THE ACQUISITION BY THE CITY OF OTHER A50 FURTHER SUPPLIES OF
WATER, 50 THAT SAID CITY WOULD HAVE AT ITS DISPOSAL A SURPLUS
AMOUNT OF WATER OVER AND ABOVE THE TOTAL CURRENT NEEDS OF ITS
DOMESTIC AND INDUSTRIAL CONSUMERS, THEN THIS CONTRACT SHALL,
AT THE OPTION OF THE COMPANY, AGAIN 00509E IMMEDIATELY EF-
FECTIVE AND SAID 0100 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
FRE5H• 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 NEEDS OF ITS DOMESTIC AND INDUS-
TRIAL CONSUMERS WITHIN THE CITY OF CORPUS CHRISTI, FURNISH
THE COMPANY HEREIN FRESH OR TREATED '.LATER FROM THE 'CITY';'
SUPPLY IN THE SAME PROPORTION AS 1S RECEIVED BY OTHER RE..
FINERIES AND/OR INDUSTRIAL PLANTS OUTSIDE SAID CITY LIMITS OF
THE CITY OR 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, HOW-
EVER, THE CITY WILL NOT BE REQUIRED TO COMPLY HEREWITH SHOULD
TO DO SO REQUIRE THAT THE CITY BREACH ANY CONTRACT HERETOFORE
ENTERED INTO BY SAID CITY.
X
INGRESS AND EGRESS: THE RIGHT OF INGRESS AND
EGRESS 15 HEREBY GRANTED BY 'CITY TO COMPANY OR ITS AGENTS,
EMPLOYEES, OR REPRESENTATIVES ACROSS THE LANDS OR PREMISES
OF TTY AT ITS RESERVOIR NEAR ..ALALLEN, TEXAS, OR WHEREVER
SUCH RESERVOIR IS OTHERWISE LOCATED, FOR THE PURPOSE OF
LAYING ITS MAINS, PIPE LINES, AND FOR THE CONSTRUCTION OF
PUMPING STATIONS, AND FOR THE INSTALLATION OF SUCH OTHER
EQUIPMENT AS MAY BE NECESSARY IN ORDER FOR COMPANY TO OB-
TAIN DELIVERY OF SAID WATER FROM -CITY; PROVIDED THE LO"
CATION OF SUCH MAINS, LANES, PUMPING STATIONS , 'NO OTHER
EQUIPMF.NT SHALL BE DESIGNATED BY THE CITY.
XI
RESTRICTIO S ON REGALE: IT IS DISTINCTLY UN-
DERSTOOD ANO AGREE.; THAT SAID COMPANY SHALL NOT DELIVER OR
SELL OATER OBTAINED UNDER THIS CONTRACT TO ANY OTHER PERSON,
FIRM, OR CORPORATION, EXCEPT TO THIS COMPANY, AND ITS WHOLLY
OWNED SUBSIDIARY COMPANIES, AND EXCEPT, FURTHER, TO SHIPS,
'STEAMERS, AND FREIGHTERS OR ANY OTHER CRAFT DELIVERING OR
RECEIVING TONNAGE FROM SAID COMPANY.
XII
FIXED OBLIGATION: THIS CONTRACT IMPGSES
lNtT OBLIGATION UPON COMPANY TO PORCH A'SE ANY MINIMUM 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 TWENTY -FIVE DOLLARS ( 2S) '
PER MONTH, IRRESPECTIVE 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, HOUEVER, IF THE
VOLUME OF WATER CONSUMED BY 'COMPANY AT THE APPLICABLE RATE
HEREINABOVE SET FORTH DURING ANY CALENDAR MONTH AMOUNTS TO
MORE THAN TWENTY-FIVE DOLLARS (25), THEN SUCH FIXED MONTHLY
SUM OF TWENTY -FIVE DOLLARS 025) SHALL SE CREDITED UPON THE
AMOUNT DUE. HOWEVER, IF THE VOLUME OF !'IATER CONSUMED
BY COMPANY AT THE APPLICABLE RATE HEREINABOVE SET FORTH DURING
ANY CALENDAR MONTH AMOUNTS TO LESS THAN THE FIXED SUM OF
TAENTYA.FIVE DOLLARS
-10-
(25), THEN IN ADDITION TO THE PAYMENT FOR SUCH WATER,
COMPANY SHALL PAY THE DIFFERENCE BET'REEN THE AMOUNT DUE
::ITV FOR 'WATER ACTUALLY CONSUMED AIJO THE SUM OF TWENTY-
FIVE DOLLARS (g25). iOIV SUMS SHALL BE PAYABLE AT THE
TIME AND PLACE HEREINABOVE PROVIDED FOR.
XL [I
FIGHT OF COMPANY TO TERMINATE CCNTR.,CT: IF THE
PLANT OR PLANTS OF COMPANY 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 NAIL AT
CORPUS CHRISTI, TEXAS, CANCEL AND TERMINATE THIS CONTRACT
IN ITS ENTIRETY. IF COMPANY SHOULD ELECT TO GIVE AND
ACTUALLY GIVES CITY SAID WRITTEN NOTICE, THEM AFTER THE
EXPIRATION OF THIRTY DAYS FROM THE DATE SAIL) NOTICE IS
MAILED TO CITY, AS ABOVE PROVIDED, THIS CONTRACT SHALL,
IN ALL ITS PROVISIONS, BECOME NULL AND VOID.
XIIV
EMERGENCY: IT 15 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 PUBLIC NECESSITY, TO (MAKE A TEMPORARY CON-
NECTION TO ANY AND ALL 'WATER MAINS OR WATER PIPE LINES
WHICH MAY LAID BY COMPANY UNDER AND BY VIRTUE OF THE
TERMS AND PROVISIONS OF PARAGRAPH VII 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 3g CENTS PER ONE THOUSAND
GALLONS FOR ALL WATER SO USED BY CLTV, AND THE CITY
AGREES TO PAY A REASONABLE TRANSPORTATION CHARGE TO SA/0
COMPANY FOR THE WATER TAKEN.
xV
FORCE MAJEURE: IF CITY SHOULD BE PREVENTED,
WHOLLY OR IN PART, FROM FULFILLING ITS OBLIGATIONS UNDER
THIS CONTRACT BY REASON OF AN ACT OF GOD, UNAVOIDABLE
ACCIDENT, ACTS OF ENEMY, STRIKES, FIRES, FLOODS, GOVERN-
MENTAL RESTRAINT OR REGULATION, OR ANY OTHER CASES OF
FORCE MAJEURE, THEN THE OBLIGATIONS OF CITY TO DELIVER
WATER TO COMPANY, AS HEREINABOVE PROVIDED, SHALL BE
TEMPORARILY SUSPENDED DURING THE CONTINUATION OF SUCH
FORCE MAJEURE. No DAMAGE SHALL BE RECOVERABLE BY COM-
PANY FROM CITY BY REASON OF THE TEMPORARY SUSPENSION OF
DELIVERIES OF WATER DUE TO ANY OF THE CAUSES ABOVE MEN-
TIONED. IF THE CITY'S OBLIGATION SHOULD BE AFFECTED BY
ANY OF SUCH CAUSES, CITY SHALL PROMPTLY NOTIFY COMPANY
IN WRITING, GIVING FULL PARTICULARS OF SUCH FORCE MAJEURE
AS SOON AS POSSIBLE AFTER OCCURRENCE OF THE CAUSE OR
CAUSES RELIED UPON.
xv1
ASSIGNABILITY: THIS CONTRACT SHALL BE BINDING
UPON THE PARTIES HERETO, THEIR SUCCESSORS. AND ASSIGNS,
AND UPON ANY WHOLLY OWNED SUBSIDIARY COMPANIES OF COMPANY.
-12-
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE
CAUSED THESE PRESENTS TO BE DULY EXECUTED THIS 19TH
DAY OF JULY
A. D. 1944.
ATTEST:
CITY SECRETARY
APPROVED AS TO LEGAL FORM:
CITY ATTORNEY
ATTEST:
CITY OF CORPUS CHRISTI, TEXAS
BY
MAYOR
COUNTERSIGNED:
BY
CONTROLLER
TAYLOR REFINING COMPANY
BY
k y Ad.--
ASST. SECRETA
-13.
THE STATE OF TEXAS
COUNTY OF NUECES•
BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS
DAY PERSONALLY APPEARED m. C. MCCAUGHAN, I:''AYOR OF THE
CITY OF CORPUS CHRISTI, TEXAS, KNOWN TO ME TO BE THE PER-
SON AND OFFICER WHOSE NAME 15 SUBSCRIBED TO THE FOREGOING
INSTRUMENT, AND ACKNWSLEDGED TO ME THAT HE EXECUTED THE
SAME FOR THE PURPOSES AND CDNSIDERATIDN THEREIN EXPRESSED,
A{IO AS THE ACT AND DEED OF THE SAID CITY OF CORPUS CHRISTI,
TEXAS, A MUNICIPAL CORPORATION, AND IN THE CAPACITY THEREIN
STATED.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS
DAY OF , A. D. 1943.
- NOTARY PUBLIC 1N AND FOR NUECES
COUNTY, TEXAS.
.THE STATE OF TEXAS
COUNTY OF WILLIAMASON
BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS
DAY PERSONALLY APPEARED HARRIS A. MELASKY, VICE- ,
PRESIDENT OF TAYLOR REFINING COMPANY, KNOl4N TO ME TO BE
THE PERSON AND OFFICER WHOSE NAME IS SUBSCRIBED TO THE
FOREGOING INSTRUMENT, AND ACKNOULEDGED TO ME THAT HE
EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATION THERE-
IN EXPRESSED, AND AS THE ACT AND DEED OF SAID TAYLOR
REFINING 'COMPANY„ A CORPORATION, AND IN THE CAPACITY THEREIN
STATED.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS
27TH DAY OF NOVEMBER , A. 0. 1944.
NOTARY PUBLIC IN 1 FOR WILLEAMSON
COUNTY, TEXAS.
EL5IE W,SSEV
?KM. PE455, 55011150501105404. tan
1111 ConIAN :i Erairea lum L Lira.
SECTION 2. The publio importance of this Ordinance
creates a public emergency and public imperative neoessityre-
quiring the suspension of the Charter rule that no Ordinance or
Resolution shall be passed finally on the date it is introduced
and that suoh Ordinance or Resolution shall be read at three sev-
eral meetings of the City Counoil, mid the Mayor having declared
that such publio emergency and 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 full force and effect from and after
its passage, IT IS ACCORDINGLY ORDAINED.
PASSED and APPROVED this .4r2 day of
1941+.
MAYOR, City of Corpus Christi,
Texas
ATTEST:
City Secretary
TO THE MEMBERS OF THE CITY COUNCIL
- -.`OF THE CITY OF CORPUS CHRISTI;: .
Corpiie. Christi, Texas
For the reasons set -forth ix t8. e0001geooy clause
of the foregoing Ordinance, a public emergency and an imperative
necessity exist for the suspension of the Charter rule or rewire-
rent that no Ordinance or Resolution shall be passed finally on
the date it, is introduced, and that such Ordimnceor Resolution -,
'�ehalT. hereby '.request. that you suspend said Charter rule or require-
went and pass this Ordinanoe finally an the date it is introduced,
or at the present meeting of the City Council.
Respectfully,
X1113
The Charter rule was suspended by the following voter
0.
dos. Mireur r Mreu. a
,To
Ed. P. Williams
D. 0. A. Moffett
H. 'G Moffett
The above Ordinance was passed by the following vote,
A. C. McCaughan
dos: Mireur
.. #?,
H A. Soffest -
H. G. Moffett