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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 ($1.00) Dollar by scab of the parties to the other in band paid and the covenants hereinafter contained, it is agreed between the partiss hereto, as followsn -1- I. First Party hereby great* to Second Party the right to the use of the gas distribution "ten now located at Cuddiby Field in No***$ 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 -2- 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 -3- 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, rh% Fncl s.