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HomeMy WebLinkAbout02330 ORD - 07/27/1948eH orconlaOE 'f1 , 5 50 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT FOR AND DN AERAT.F OF THE CITY wITH HW®LE OIL AND REFINING COMPANY, COVERING TES MAKING OF'AIEPOET CREDIT SALES OF GASOLINE AND OILS, AND DECLARING AN EMERGENCY. RE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CRRISTI, TEXAS: SECTION 1. That the City Manager of the City of Corpus Christi, Teams, is hereby authorized and directed to execute a Con- tract for and on behalf of the City with Hnnble Oil and Refining Company /covering eredit sates of gasoline and oils at the Airports, a copy of said contract being attached hereto and made a part hereof for all intents and purposes. Huivancx OIL & .IRErZNmG COMPANY MIRAN BALES MANAGER R.M. STEPHENS, ASST SALES MANAGER Mr. H. H. Allen City of Corpus Ilristi Corpus Christi, Texas Dear Mr. Allen: HOUSTON 1,TExas July 14, 1%8 Supplemental to the attached credit cased agreement letter, and in accordance with the question raised in your letter of June 25 addressed to @9r. T. J. Ingle, we are agreeable to the following arrangement inso- far as the responsibility for credit extended on Ehneble credit cards is concerned: Each credit card recall letter will be mailed to the Airport Manager, Cliff Maus Municipal Airport, in licate, the original copy to be retained at the airport and the duplicate copy to be signed and forwarded immediately to lair. Frisco Roberta of our local office in Corpus Christi. This nthod of handling will insure that each credit card recall letter is received by you and a receipt to that effect is in our files. In case Or your failure to receive a credit card recall letter, and our failure to have a receipt in our files from you, the City of Corpus Christi will not be held responsible for the collection of sales made against the recalled credit cards listed in such letter. If the above arrangement is acceptable to you, we would appreciate your signing the credit card letter attached, from which we have deleted the mords "whether or not in fact you have received such notice," and returning one copy to us. We would also appreciate your indicating acceptance of this supplemental letter by signing in the space indicated below and returning one copy for our files. 11'/ ACaarr D: CITY OF CORPUS CHRISTI By Date Yours very truly, :ekadorn Aviation Sales Division HUMBLE OIL & REFINING COMPANY HOUSTON 1, TEXAS Dear Sir: We are forwarding you under separate cover a supply of forms for use by you, if you desire, in making airport credit sales. This form, when properly filled out, evidences an obligation on the part of the Purchaser of your products to pay you or your assigns on receipt of statement. If you desire to do so, you may assign purchasers' obligations for gasoline and lubricating oil, and for washing, greasing, and tire repair service, from our credit customers to this Company, and our truck drivers will ex- tend you credit for the face value thereofagainst products which they deliver to you. To receive credit, you must not only execute the assign- ment but insert your contract resale number. You will be furnished from time to time with the names of credit customers whose credit cards have been cancelled, and one of the conditions upon which we accept an assignment of the Purchasers, obligation is that you agree to make no credit sale to persons who are not holders of current credit cards in good standing, or who you are advised are no longer ex- tended credit by the Company. If a truck driver should take up obligations which are not authorized above, the Company reserves the right to charge the amount of the sale back to you. It is understood that the right to charge such sales to your account shall exist aftsr proper notice of cancellation has been mailed If you desire to make sales of gasoline or lubricating oil and to furnish washing and lubricating service to holders of Humble Oil & Refining Company Credit Cards upon the conditions specified above, please execute in the space provided for your signature and return to us the attached copy of this letter. HUMBLE OIL & REFINING COMPANY By— Sales Manager ACCEPTED: Date City of Corpus Chris (Dealer) (Title) Cliff Maus Municipal Airport Airport SECTION 2. The necessity for providing proper facilities for the benefit of the steers of the City Airports oreatea a publio' emergency and publio imperative necessity requiring the suspension of the Charter rule that no orllmmnde or resolution shall be passed finally oaths date it is introduced and that euoh ordinance or resolution shall be read at three several meetings of the City Counoil, mad the Mayor having deolared that_suoh publio emergency and imperative neoessity exist, sod having requested that such Charter rule be suspended, and that this ordinanoe be passed ti,, fly on the date of its introduotion and take effeot and be in full force and effeot from and after its passage, IT IS ACCORDINGLY S0 ORDAINED. PASSED AND APPROVED this J7 day of July, A. D. 1914. ATTEST APPROVED AS TO LEGAL FORM: o2 City of Corpus Christi, Texas Corpus Christi, Texas July _17, 191,8 TO THE MENEM OF THE CITY COUNCIL Corpus Christi, Texas Gentlemen. For the reasons set forth in the emergency clause of the foregoing ordinance, a publio 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 introduoed, and that auoh 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. Respeotfully, 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 Joe T. Damson The above ordinance was passed by the following vote: Wesley E. Seale George R. Clark, Jr. John A. Ferris R. R. Henry Joe T. Dawson Roman etas. Asdation Products Sales Agreement distonees Cow I-. PASITES This eg:eemeat this date made and entered into between HUMBLE OIL & REFINING COMPANY, of HOOS- TON, TEXAS, bexmnadtee called SW.r.EP ,end City of Corpus Christi of Coda& ChrJ,eti, Tema& hereiaafta< Nled,T3WW" 2. QII not � px < :il' -_. -- - - °�" ice..... nor m 00eas ems of Humble Aviation Prodnats as are named in the Est beism it:i:Te>'- ^.�s'.. , .. od, at the prices ..- .r••,^ : v b:ah the Buyer may require at Ssn Clif iiauu 5. PERIOD. aetwr.Wenit_ i - a 8Y 1 of m l .za9 val Airport • 194r 4. BRANDS, PRICES: swath: to y Beller for, and Seller agrees to sell and deliver to Buyer • 'LF AVIATION GASOLINE: PRICE TO E. ....,,tG COMPANY'S ROE:TEU ., TE C, La.IVE Me. FC, i u .r. E FURCn :!,1 FR011 4VHCH DELIUE -Y iS MADE. ALE AVIATION L UBRiCANIS: PRICES TO BE AVIATION - ' T::ICANT SELLING SCHEDULE IN EFFECT DATE OF = LtVERY. COPY OF CURRENT SCHEDULE IS SUBMITTED. E OIL - ,'COULE IN ,EJ 't EULK Price Per Unit 5. METHOD OF DELIVERY TsulkNo. on 7. ENGINEERING SERVICE. Sailer's Engineers will without charge advise and co-operate with Bayer in the proper appli- cation of Humble products to obtain the most 00011®:001 results. 8. TERMS OF PAYMENT, Lvttatteaanm. 1% Disooast if paid within 10 days from date of d&Unary, 80 days net Diaconate shall not be allowed Irma or be applied mar be computed Rpm taaea or freight. timeline. 80 days set INSTALLMENTS. Deliveries or shipments mast be takes by Buyer in fairly equal monthly a1otnmm. 10. QUALITY AND UNIFORMITY. Seller guarantees the above named prebuilt to be uniform in goallty and at all times up to its high standards of reffaing, 1L GENERAL PROVISIONS. The general provisions appearing on the reverse aide hereof aro hereby made a part of this contract, save where same are inconsistent herewith. 12. EBECOTION AND VALIDITY. Tare instrument contain. the earl. agreement and supersede. and cancels all now exist- ing aviation products 0ml0ot0. between Royer and Seiler. It cannot he transferred or assigned by Buyer without written 0ons0nr of Seller. Time are 00 oral Promises, representations or war00ttea affecting it, and this agreement or any amend_ or an offfear. w8 anti 1 not be valid c the BeRm]i0s approved same in writing by its Soles Manager, Assistant Safes Manager. WlEoess our signature this the /0Z/ day of • Ramble Sales Eepresentat vs. By ACCEPTED AND APPROVED: HUMBLE OIL & BBFII�ING CO ANY (Setter) GENERAL PROVHGONS -__ TAZE8 - -it is agreed that any dab s fee or other charge Beam• maybe,regW d to collect or pay mss omit a mic1Pa),.. ntste, federal or other haw now in effect or hereafter enact', miflirespertto pile manofmtarh,g, procasedng, sale, ttimagoria tics, delivery or use of the commodities coveted hereby will be added to Seller's cer arty pouted Bot prices and be paid by the Bayer. DRUMS OE BAADR18( —It le agreed that Seller stall Lave the option and privilege hereunder of delivering products in either light Iron barrels or heavy type barrels or drama in an effort to maintain prompt delivery schedules, and that, subject to the provisions of this clause, all heavy drums are and stall remain the property of the Seller, bared to the Bayer for transpor- tation only of the products delivered hereunder. Deposit for heavy iron barrels or drama as shown in Beller'e current schedules date of eetharte0 ha. required or changed on each drama or barrels and it's agreed that these deposits will be returned to Boyer upon the basis outline; in the achedale. Coat of a8 -gager light iron drama included to price of product and remain property of Boyer. PAYMENTS-Notwithstanding the acceptance of this contract by Seller, if Seller is not satisfied with the financial re- sponsibility of Buyer, ca. -if the financial remmudbilty of Buyer hereafter becomoa impaired, or wry to Seller, or if Buyer fails to make payment as provided, Seam' shall have the right to demand cash payment er satisfactory security and may withhold shipments until It receives such Payment or security. FREIGHT RATES —The prices mealosed 3n ibis contract are based on writhing pahllefied fright rates from Belle s potato of origin, and it la mateally sussed that if the freight rater are increased or decreased, the prices wet be aoreoepoodtngly adjusted. DELIVERIES DELAYED OR PBEVENTPID—An cod® duff be Med by Seller with rmmmable promptness, but neither Seiler net Bayer shah he held responsible fur any losses resulting r the fulfillment of any tame of Previeieme hereof shag be delayed or prevented by compliance with any order or request of any governmental authority co any person purporting to act aerator or by revolutions or other disorders, wars, acts of monies, embargoes or other import or export restrictions, strikes, loekoafs, &'e, floods, acts of God, arrest or restraint or rulers, or peoples, perils of the sea, accidents Of mlvlgatton, break. down or infamy to ships, failure of or haterfarmee with simply from Seller's present sources, breakdown or injury to, or erprobr)ation or motion of the facilities need for the produatton, tramporteti0 , receiving, manv4mtming, bandgng er delivery of the pradoots described herein or mole petrleam from which they are derived, or by any other acts, whether or not of the same rinse or kind as those above set forth, not within the caner' of ate party where performance is interfered wkly end which by the exercise of reasonable diligence said party Is unable to prevent. If by reason of any of each canoes, supplies of products described above or made Roraima from which they are derived from any of Ballets then existing mores of supply are curtailed or cat off, then the obligatlm of Seger hereunder during such curtailment or cessation shall at its option be reduced to the extent necessary in Seller's judgment to apportion fairly among its eustomete the anyplies of pradueta de- scribed herein then in storage and such quantity as may be received in the ordinary coarse of business from any other ex feting sources of eupply for Seller's business, and Seller shall not be required to increase Pa takings from such other semen of supply or to purchase supplies of profonte described aiwve or erode petroleum to replace the supply so curtailed er cat oft. If the mane. covered by this contract are not available at Bancr'o normal point of gasoline abtyment. then Seller shall be mule no ohllgot(on to make deliveries hereunder. if Seiler shall wirer any loss of tanker or barge tonnage. er If eampnanoe by Seiler with my order or regeeat of any governorate' author ty shalt reduce the tanker or barge t0m.ge available for the a00ma1 m0vemmt of erode Petroleum or Petrol.= prodne; the obligation to make deliveries hereunder may be rammed et senar'e Option approximately in proportion to each lost Or redmttm. Seller stall not be required to maim up deliveries Omitted on ac- count at such causal. HEALEIRES—tinleas otherwise specified in the memorandum, (1) a gallon shall be taken to mean an American gallon of 231 cubic inches, (8) a barrel of bulk our or other product shall mean 80 Amertem gallons, (8) wooden er Iron bowels in which products are sold by the gegen shall contain not less than 48 nor more than on American gallons, and if products, oils or greeter are ordered in packages other than barrels the regular schedule of seller ter additional price shag apply. PRICE ADIDBTgt 3(TB- -Bream may at any time doling the term hereof, upon thirty (80) days' notice mailed to Bayer, adjust the price or grit= of any products contracted for herein, except aviation gasoline unless otherwise stated on the reverse aide hereof. The price of aviation gasoline may be changed at any time without notion. If Seller's regular list price erhedule ts reduced, a corresponding redaction will apply to these prices during the period of oath reduction. In the event Seller's regular Bat price schedule is advanced, then before the effective date of such advance Boyer shall have the option of pig at the price schedule in effect at the time =eh notice is given, a gvantlty of any modest sold hereunder, not in careers of hie average monthly purchases prev(omly delivered hereunder. It is further mdmatml that if such regular list price schedule advance 10 sot eattofaatory 00 Bayer. Bayer may with'. each thirty. (80) dace' period give written notice to Seller of any lower price at "Lich Beyer can purchase each product of egoal quality. and H Seger redeem to meet each price, Buyer may, by giving Beth written notice foethwkh, terminate this agreement en to the products affected by the notice. MAIMS Any Claim for defect or variance fa quality or shortage obeli Inc made and Seller shag be notified and given an opportunity to inspect, within two days after goods reach their deetinatlm, and to ease of deliveries in tank care er boats, this notice and opportunity shall be gives More the goods are unloaded; and a failure of Buyer to observe this yrovddm shall operate as a waiver of each claim. TANK CABS —Any tank cars furnished by the Seller shall be d(oobarged by Buyer immediately upon arrival and de- livered bask to the railway from which they were received billed in accordance with forms furnished by Seller, and far any rem of Better detained more the. 48 hours. Buyer, besides paying such railway demurrage as may accrue shall pay Seller an amt at Ieaet equal to the railway demurrage, but not lean than two dollies par eat for each day our portion of a day sift expiration of the 48 home. BOAT DELIVERIES —When doliverles are made by Boat, Buyer shall fmvdoh berth at which the vessel may lie safety afloat at all stages, together with necessary farlttes far discharging immediately upon arrival; any delay ceased by Buyer to result in demurrage will be the respommllity of Buyer; oil will be pumped out by Seller, but its reepmollofty ends at the boat's rail. Access to the shore tank of Buyer and gauge table' thereof shall be accorded to Seller for the purpose of ganging and Buyer shall deliver to Seller a receipt for the amount of oil delivered as shows by such gouge taken by a representative of both parties. APPROXIMATE QUANTITIES—In ere deliveries are made in carkoad, boatlend or teak wagon lots, deliveries, within ten per cot of amount= caged for by the contract or any installment thereof theft be deemed eriticimt delPomies by Belle. only the aetml amounts da lamed to be paid for. RETURNS —None of the goods 'maimed here Oder may be returned for credit to Bayer's account or exchanged far other goads except with the written moment of Seller and upon such terms as ft may Ss. MINIDIDM DELIVERIES —No oil will be delivered in bulk or packages in lots of less than five (a) gallons; greases, our (1) mrt0n. Cartons, Light Iron Bblo. ( LIB) and Cans sold in full original pukes= only. CHANGE OF BRAND NAME —Seger reserves the right to change at any time the brand name or any other distinctive designation of any of its Products. Should it do so, this contract shag be deemed to cover the products under the now names or de ipaOme. being of the came theme and epad1rtlone and for the same rue, to the earns extent as if said new mate or designattona were speMBcagy set forth herein. DIGRESS AND EGRESS --Seger shall have free rights of ingress and egress to the airport or other property upon which the pleat and storage teak of the Buyer are located for receiving deliveries, installation or removal or maintenance of equip- meat hereunder without any fee or other charge being imposed upon Soler for the privilege of entering such airport or other property on which Buyer's receiving equipment is located. Effective 2/1/4$ Dealer and Commercial Consumer Selling Schedule HUMBLE ESSO AVIATION PRODUCTS Aviation rbgine Oil, Grease and Special Product* BRAND AND GRADE FSSO AVIATION OILS 60 -80- 100 - 120 -I40 Subject o Change Without Notice LIST P E P&R GALLON Case Case 5 -Gal. 24/1 Qt. 4/1 Gal. Bulk'* Pail Cans Cans(Round) $ .7 $ .9 $ .92 $ .90 Essoleum B (Non -Taxa le) Esso Lubricant 3000 Esso Instrument Oil Univis 40 .(Servo Liquid 9) Esso Compass Fluid* GREASES LIST PRICE Pmt POUND Non - Returnable- Case Case 400-Lb. 100 -Lb. / 35gLb. 4 /10 -Lb. 12 /1 -Lb. LIB LIB Pails Can Cans o .1500 ,p .1 $ .1800 0 .1900 w .2300 .2400 . 500 .2700 .2800 .3200 SPECIAL AVIATjON LUBRICANTS ✓ LIST PRICE P2,d POUND `/ 1/5 -Gal. Case Case Square 6/1 Gal. 24/1 Qt. Bulk Can Oblong Cans Cans .. 61.25 $1.40 .95 1.10 1.25 1.09 1.65 1.80 *Subject to State Gasoline Tax 04 per'allon and Federal tax of 4p.015 per gallon. When used as a Compass Fluid and no as a fuel, exemption certificate can be signed covering exemption -of Federal. Tax, claim D,y be • ed with the State for refund on State Tax. **55- Gal. 'LIBe are loans to buyer for 90 days If not returned to Seller` in good con- dition witbin free peri , depot of $4.00 wi be charged, which will be refunded when drum is returned in g d cord ion. CASH DISCOUNT: 1% v days, 30 days net. TAX: All prices :•.ve are isubject to Federal anise 'x of 6¢ per Gal. or .75¢ lb. except as otherwise not QUANTITY DISCOUNTS Humble ES so ation Products (WITH TH EXCEPTION OF SPEC IA AVIATION LUBRICANTS) are sublet:. to Quantity scounts as indicated by the following Quantity Discount Schedule and will he allows• at the time of billing based on Quantity delivered at one time to one destination. If Total Quantity Delivered at One Time to One Destination is Discount Will be Less an 13. Gallons- No Discount 13 ' -to 24 Gallons 2.00¢ a Gallon 25 to 36 Gallons 3.000 a Gallon 40 to 99 Gallons 4.04 a Gallon 100 to 499 Gallons 5.000 a GAlion 500 Gallons and Over 6.00¢ a GLn