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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