HomeMy WebLinkAbout02054 ORD - 04/08/1947AN ORDINANCE��s y"
AUTHORIZING AND DIRECTING THE CITY MANAGER
OF THE CITY OF CORPUS CHRISTI, TEXAS, TO
EXECUTE FOR AND ON BEHALF OF THE CITY A
CONTRACT WITH HOUSTON NATURAL GAS CORPORA-
TION FOR FURNISHING OF NATURAL GAS SERVICE
AT CUDDIRY FIELD, NUECES COUNTY, TEXAS,
AND DECLARING AN EMERGENCY.
WHEREAS, under date of January 20, 1947, the City of Corpus
Christi, Texas, signed a Revocable Permit for the maintenance and
operation of the United States Naval Auxiliary Air Station, Cuddihy
Field, Corpus Christi, Texas; said Revocable Permit being granted by
the United States of America; and .
WHEREAS, there is located in and upon the said Naval
Auxiliary Air Station different utility lines, one of which is the
natural gas lines necessary for heating; and
WHEREAS, Houston Natural Gas Corporation before carrying
on business of buyer and seller of natural gas to be furnished upon
the Station desires that it have an agreement with the City of
Corpus Christi, Texas, for that purpose and for certain consideration s
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXASz
SECTION 1. That the City Manager of the City of Corpus
Christi be and is hereby authorized and directed to execute for and on
behalf of the City of Corpus Christi, Texas, a contract with Houston
Natural Gas Corporation for furnishing of natural gas service at
Cuddihy Field, Nueces County, Texas, a copy of which contract is
attached hereto and made a part hereof and reads as follows, to -wit:
®15;11
THE STATE OF T&YAS )
COUNTY OF sUXIS )
THIS AST, made and entered into by and between the CITY OF
CORPUS GWISTI, TBUS, acting herein by and through its City Manager,
Roderick B. Thomas, hereunto duly authorised by the City Council of said
City, hereinafter called First Party, and IKiUSTOY+ NAWMAZ GAS CW ORATION,
a Twma corporation, hereinafter called Second Party,
W I T w d 3 5 Z T H:
wH ail AS, on the 20th day of January, 19470 the United States of
America granted to First Party a Revocable Permit to use that said property
belonging to the United States of Am3rica, to wits Approximately 802.90
acres of land, more or less, located in Nusess County, Texas, upon which has
been established the united states Natal Awdliary Air Station, Cuddiby Field,
Corpus Christi, Texas, and upon which is located certain personal property
and equipment as fully described and set out in said Revocable Permit above
mentioned, which is here referred to for its full terms and provisions; and
wHERBAB, there are located upon said Goverrssent premises certain
dwel lags and buildings which are now being occupied, or will be occupied in
the future, and which dwellings, buildings and occupants thereof will have
need for the use of natural gas, and First Party desires that Second Party
shell sake Connections from the gas distribution lines on the said premises
to each of said dwellings &sad buildings, and furnish gas thereto, if and
when requested by the prospective occupants thereof, and Second Party is
willing to do so upon the terms and conditions so hereinafter set forth.
TIS; MRS, in consideration of the sue of One and goA00 ($1.00)
Dollar by scab of the parties to the other in band paid and the covenants
hereinafter contained, it is agreed between the partiss hereto, as followsn
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I.
First Party hereby great* to Second Party the right to the use of
the gas distribution "ten now located at Cuddiby Field in No***$ County,
Taxes, for the purpose of furnishing natural gas service to persons residing
on said Cuddiby Field, or having business establishments at said Field, and
for making connection to said system for such purposse, together with the
right of ingress and agrees to said Cuddiby Field at all time for the
purpose of maintaining such gas lines and doing all other things necessary
for the furnishing of said natural gas service.
II.
Second Party shall have the right to make service connections, and
to set meters and regulators, but agrees not to Babe any other changes or
extensions to the existing gas system without first having obtained the
consent of the City Manager in writing.
III.
Second Party agrees that this permit, nor any part of it, may not
be assigned without the consent of the City Manager in writing first had.
Iv.
Second Party stall be authorized and is granted the right in
furnishing such gas sorvios, to males fair and reasonable charges for
connection and shall charge the same rates and prices for its gas as Second
Party would charge other oustomers under aimilar oomditions and in accordance
with its oustonary end usual customer contract provisions, rules and
regulations.
V,
It is further understood and agreed that the Second Party does not
by this instrument, acquire any permanent right or title in and to the said
gas distribution system.
V1.
Second Party agrees to save and keep the First Party harmless rrea
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any and all claims or danages which night arise by virtus of the negligeacs
of Second Party in its operation and use of said gas lines and appurtenances.
FIT.
Second Party agrees to maintain said gag distribution system at its
MM cost and expense, keeping; same An the present stL is of repair and agrees
to return same at the expiration of WE cl->ntract in its present state of
repair and condition, ordinary xear and tear alone excepted.
Till*
Second Party is authorised upon the termination of this permit, to
remove all meters, regulators, fittings, pipe and other materials which it
my have installed on said promises, provided same were in excess and /or
an extension to the present existing system, and not used to repair or
replace said system.
All City Ordinances relating, to plumbing, gas fitting ant safety
regulations applying to gas connections and installations within the City
limits of OorpAs Christi, Tez&a, shall apply to gas service furnished at
Cuddihy Field and all inepestions and permits nuat be obtained from the City
as if eels system vas actually located in the City limits.
X'O
This agreement and the right and autb*rity hereby granted to Second
Party by First Party shall be effective as lncg as said Revocable Permit
bmtofore issued, by the united States of America to First Party, and any
lease or conveyance granted to First Party superseding such Permit, is in
force and effect{ it being. mderstood that the right and authority baraby
granted to Second Party is subject to the right of the United States of
America to camel or revoke said permit hersstofor* issued to First Party sad
dated January 20, 1447, and asy lease or conveyance vhich may be granted
superseding such permits am upon the cancellation or revocation of such
permit, lease or conveyance this agreement *hail terminate{ provided, hcuevsry
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this @Mtmet elan not extend beyond five (5) years fr" the effective date
heroor.
110
yiret party agrees to furnish to Seecad Party a duly authenticated
copy of tne resolution Of the City C-il authorizing tme luklDZ &-'A
execution of We contraot*
IN WTTMS Wx&KWF the parties hereto have Caused these presents
to be duly executed this ......... d4Y Of # 1947•
clly OF 001a v-' GiVUSTI, TELkS
ATTESTs City :'Anager
3oo;;t—ar,7', City Of corpus cbristi,
Toza*
ATTESTi
Assistant Secretary
—4-
FMT PARTr
HOUSToN 3A1`1Ti,4L GA41.3) COFDRATION
MOO PAR71
SECTION 2. The fact that natural gas facilities for use
of the residents of Cuddihy Field are essential for the health and
welfare of such residents and the fact that the contract hereinbefore
mentioned is necessary to secure such gas service, creates a public
emergency and imperative public necessity requiring the suspension of
the Charter rule or requirement that no ordinance or resolution shall
be passed finally on the date of its introduction, and that said
Ordinance or resolution shall be read at three several meetings of the
City Council, and the Mayor having declared that such emergency and
public imperative necessity exist, and requested that said 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 SO ORDAIPIED.
PASSED and APPROVED this 8 day of April, A. D. 1947.
YOR
City of Corpus Christi, Texas
ATTEST:
Q, r
City Secretary
APPROVED AS TO LEGAL FORM:
1 �At.r.�.y�� it
Corpus Christi, Texas
April 8 , 1947
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
Gentlemen:
For the reasons set forth in the emergency clause of the
foregoing ordinance, a public emergency and imperative necessity
exist for the suspension of the Charter rule or requirement 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 :meetings of the City Councilj,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,
ALTOR
City of Corpus Christi, Texas
The Charter rule was suspended by the following vote:
Wesley E. Seale
John A. Ferris C
George R. Clark, Jr.
R. R. Henry
Joe Dawson
The above ordinance was passed by the following vote:
Wesley E. Seale
John A. Ferris
George R. Clark, Jr. r,w
R. R. Henry
Joe Dawson
f
�t
HOUSTON NATURAL GAS CORPORATION
t I 608 NIXON BUILDING
j CORPUS CHRISTI, TEXAS
Match 5, 1947
Mr. S. F'. Crec =li'as, Zirector of Public Utilities=
City of Cor-us Christi
ConAis C'iri sti, TPx�.s
Dear Sir:
:Enclosed is iagreement between the City of
Corpus Christi and Houston Natural Gas Cor_oorati.on
whereby the City of Comas Christi authorizes Hoaston
natural 'Jas Corcon.+ior. to use the s distribution
facilities of the United States Naval Au-- iliary Air
Str.tion, Cuddihy Field, Corrus Christi, T =x�s. also
enclosed iz a Resolution zuthoriving the e.-ecution
and delivery of the Agreement :,ith Houston ; naural
LlaE Corporation from t.Yhp City of Corpus Christi.
When returning the P-ecuted A„reement and
Resolution, please furnish us a certified co,?y of the
Revocable Permit entered into by and between the
United Str;tes of A °:erica and the City of Cor,us
Christi on the 2-0th day of January, 1 °47.
Youe very truly
5,
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Fncl s.