HomeMy WebLinkAbout02071 ORD - 04/29/1947AN ORDINANCEcLC���
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 CORN PRODUCTS REFINING COMPANY
AMENDING A CERTAIN CONTRACT BETWEEN THE CITY
AND CORN PRODUCTS REFINING COMPANY DATED
DECEMBER 7, 1946, AND DECLARING AN EMERGENCY.
TH]MAS, the contract was entered into between the City of
Corpus Christi and Corn Products Refining Company on December 7, 1946;
and
WHEREAS, it is deemed necessary that such contract be changed
and amended and that a new contract be executed amending said original
contract;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TAE CITY
OF CORPUS CHRISTI, TEWs
SECTION 1. That the City Manager of the City of Corpus Christi
be and he 'is hereby authorized and directed to execute for and on behalf
of the City of Corpus Christi a contract with Corn Products Refining
Company, a copy of which contract is attached hereto and made a part
hereof and reads as follows, to -wit=
V '7/
Ml S 1A.CL OF' TF:M
Cuubi 't ul' PrJffiLTS
".uJiklsA;3e under date of December 7, 1946, the City of
Corpus Christi, Texas. a municipal corporation, therein and
herein called "City" and Corn Products itefining Company, a
corporation, therein and herein called "Company ". made and en-
tered into a certain contract providing for the sale by City
to Company, of crater for use by Company, its successors and
assigne or its affiliated or subsidiary oompanieai and
WHEHEA3v in paragraph I -A of said contract it is
provided that if the company shall take 30,000,000 gallons or
more of water in any calendar month durin;; the period of such
contract, then the water which is taken thereunder between the
hours of twelve (12) midnight and six (6) o'clock A.4. durinf
avoh calendar months shall be paid for by Company at the rate
of &ine Cents (.09¢) per 1,000 gallona and the water taken at
otbor times durinfy such month shall be paid for at the rates
established in paragraph 1 of said contract$ and
WH&14S, City and Ccmpaay have ascertained that it
will be to the mutual advantage of saoh to extend the period
of time provided in sald paragraph I -A during which water may
be taken at the reduced rate provided therein$
NOW PHLRLFQRE, KN(M ALL 9&N BY 'Thk3E PRESENTS, that
said City and said Company, for and in consideration of the
premises and the mutual advantages and benefits accruing to
Bache have agreed, and b those presents do hereby agree, that
said paragraph I -A of said original contract shall be amended
and that in lieu of and in substitution of said paragraph I -A
as originally contained in said contract, the following shall
be a part and parcel of said contract as completely as though
the same had been therein originally provided, said amended
paragraph l..A being the following, to -wits
"I-t
As schedule of charges for treated water, as
hersinbefore set out in Paragraph I, is subject to
the provisions of this paragraph, so that under cer-
tain eiroumatances a reduosd rate may be obtained by
the Company. The Company intends to build crater
storage tanks and reservoirs so that several million
gallons of water can be stored, and which will enable
the Company to take water between this hours of ton (10)
o'clock P.Y. and six (6) o'clock A.M. It is to the ad-
vantage of the City that heavy industrial loads be taken
between such hours and for the Company to take its load
during the off hours will greatly facilitate the general
opsratLon of thsi City water system. If the Company shall
take thirty million gallons or more of water in any calen-
dar month during the period of this contract* than the
water which is taken between the hours of ton (10) o4olook
P.M. and six (6) otolook A.M. during such month shall be
paid for by the Company at the rate of Ane Cents (.09d)
par 1,000 gallons. and the water token at other times dur-
ing the month shall be paid for at the rates established
in paragraph numbered I. If said Company does not take
thirty million gallons or more of water per month then
for each month that it fails to take such amounts the
rates as set out in paragraph :numbered I shall apply re-
gardless of the time during which said water is taken."
Said contract, save and exempt as the same is hereinabove
specifically altered by the amendment of said paragraph I -A, shall be
and remain unchanged and shall remain in full force and effect.
IN RITNESS WHEREOF, this instrument is executed this
day of , 1947-
%,I't`Y OF CO1aw C3ih1SII, IEiuA
BY
i Manager
ATTES Ts
City fiegretary
AFPROVADs
city Attorney
CORN PRODUCTS kEYINIPiG COMPANY
8y
lee President
ATTESTS
Secretary
SECTION 2. The fact that it is necessary to have an
adequate contract governing the supply of water to Corn Products
Refining Company and the fact that a water supply is necessary for
said company's operation creates a public emergency and public
imperative necessity requiring the suspension of the Charter rule
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, and the Mayor having
declared that such public 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 SO ORDAINED.
PASSED AND APPROVED this " - day of April, A. D. 1947.
MAYOR
City of Corpus Christi, Texas.
ATTEST:
City eore ary
APPROVED AS TO LEGAL FORM:
Ulty Attorney
Corpus Christi, Texas
April _24_, 1947
TO THE MEMBERS OF THE CITY COMCIL
Corpus Christi, Texas
Gentlemens
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 data it is
introduced, and that such ordinance or resolution shall be read at
three 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,
'wv ,'�Z7 / ��/
MAYOR TiA .ic... v \
City of Corpus Christi, Texas,
The Charter rule was suspended by the following vote;
Wesley E. Seale
George R. Clark, Jr.
John A. Ferris
R. R. Henry N
Joe T. Dawson
The above ordinance was passed by the following vote;
sesley E. Seale (6
George R. Clark, Jr.
John A. Ferris
R. R. Henry
Joe T. Dawson