HomeMy WebLinkAbout02598 ORD - 09/20/1949AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE A CONTRACT FOR AND ON BEHALF OF THE
CITY WITH HOUSTON NATURAL GAS CORPORATION FOR
THE PURCHASE OF A 6 5/8 INCH STEEL GAS PIPELINE,
OF THE APPROXIMATE LENGTH OF 31,769 FEET, TO BE
USED AS A PART OF THE CITY'S GAS TRANSMISSION
SYSTEM, AUTHORIZING THE EXECUTION OF A PROMIS-
SCRY NOTE IN THE AMOUNT OF X1,935.08 AS CCN-
SIDERATION FOR SAME; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the City Manager is hereby authorised and
directed to execute a contract for and on behalf of the City with
Houston Natural Gas Corporation for the purchase of a 6 5/8 inch steel
gas pipeline to be used as a part of the City's gas transmission system,
the location of such pipeline being more fully described in the contract
attached hereto, such contract being made a part hereof for all purposes:
4692
TJW STATE OF TEXAS
or ammem
TMIS AJOYANIANIM. amada mad oalsood we by and between
MCWSTtltt t ATM AL CAS WRP ATID*, a aetporatlea- ergratasd
aad exiattal under mad by vlr3ao of se Mtgm of the mou of Teaae.
With ita PrLclpal eptflme la sfaastom, ttarrle Gaaaty. Texas, heselaafter
60etPAta6 First Party. *Ad the CVT OF CORPUS GIOWl, a
ipel eavverattwe. harsi omw 60atgaaad Saaeew Parw.
MIINaaaETat
WMAIRICAS. heat Per* to so owner ad a 6 8/8 imae etewi
See Pipeline, of *he appseaiaaato length at 31,T63 feet. wm" plpsltao to
maw being **@A by First Para as • part of its goe taemamissisa system
wilma, ties C"r umdu of Carp" Chun. 'teams, w hiaM pipeilew L
lwoeted as "Itowwar of
**Oars of W*WMW A96A a" East (97')
sf so awmiar Claw of alsmowht Rea& ppoome as
Hwsdom ltadaeal COG GOOPOrOUM trfettr wad R*g lo"
two SW eat of Ow Rehert MISU rd Twat;
TAXIMIGM. is sat
tdehe** * moo" waslo ly dWoom x wttlt a Flaw 'that
Is T
(01 ESN at oad p"a" to *0 eemer
lime ad woiier Rea6 to • POW ym oar seat (161 north
of tb r llmw as 009SAW Road, a of Oft
staff" and Tvwlw 6owt W#ha
MINOR. is a Novenpostarly 6tein one erica a Mae
#Mat Is 3um" &W po7 "WA es awl parallwl to 00
of*** lMa of cleafter Ra d to a yew Tbir6moft seat (b')
Mart 4t 60 *amts 3080 wf Caatralt ld1M. $ as
TV* TMoosawt As Moodr&I ewd S6aly-t o hart (2.662'ji
R'HEME, In a lwarsomol " Ar Abroatlac MM a use
that 60 Thbi*W 6ta* t U 7 wwwt of 04 Paralirl to tie
soaps Ilme of ow"al.aaa to a prim Thu4mea i,Mt (u')
$or^ of flew "now item of slorstpo, Sweet. m rite" of
0*0 21 awtmwrd. r oo la *"& awl Twoeor -ow" feet (1.62371
TXSMX. In a d{rrattoa t" 0 us*
SM to IVA*-* SOO 021 MONOW at and pft*MW Mira
ssaa n lfam, of Stoofts Owes t to a polo T> tact
iau►atr of Two Vboups" �a Alb most "dross tr+n
foot (a."Ot
to a isafbwestooly dirotdow, wta a aws,
Shoo to TbbHooa OW (la') most of a" pamaiw to as
owwbv Ann of Jfaataatyaa Ito" to a pow 7mboam loot
(151 llmafb at the uwNO: Use of aorao Stood. a dts-
tswa of TArw oat road gosew -stgkt toot (S7t1);
Twume. In a ltoverwashrty disoouma wt4k a use
tw to arub"A Sari (161) somm of sad paralloi to an
aomtw tbW of Morme Road to a palm rft -two toot
(Sal Moot ad tia eaaafar use of Stash Port Avvmw. a
d1otaaao of Ma Tbooilaad FW* 6boodrad sad Fifaea
has (3.01ti11
to a Nargierly dtroeafaa wtib a ltno That
is nw -#tw toot (65'1 'West at osd parm," to tm
combos 11" of f?aatb Fort Aaamaaa to a pow ruasa
laat (W) $01" of OW wader lfmr of Coagwso btraat,
a d of !rear Thotmand Ttra mater" oar tarty
tort (4.6"14
Tai, is a Nortowesterly iLmotloa with a ltso
that to Ytttaam "at 0s) Book of ad paralw to tba
comer ltao of Gampaaaa Stro", to a palm rift es, fiat
(151) !cart of *'* **am* lfas of Eabhtt Auto it.", a
dlatomme of Two Tbaaoaad ant tyaty -aonaa lent (&.0571);
TI9MWJL' to a Not"Warfosly Atraettoa with a lfmt
ft" is "flmaa Soot (167 Woos of amt paralw to as
eaades iho of Rabia itta head to • pow ThtrV-tlpbt
6W W7 o rl fr" Tboaw a" Fftava
I rd,
teot(a.✓ "lll
TI Wx' to a Woobwly dlraatioa loath a tams that to
amm, of PSI 80106 aa ar
So f to a F w r foot (15.)
W"I sow a Mar laws of I"MO" ob"t. at twuamo
of Trap %% aAs$" Flare awaited aid F t -&W tort
TAW. to a A -marly dfraetlo , Wft a use that
is Fift— tort (03 Went ad aid paY *uei is a* patadr
ume Of Seuw!oA Stroat to a point Twaaiy -a!a hot (361
So*& of as sailor lira of "wpm Avow", a dtatomee
of FWO NsNrad aid Tor toot (Sall
-a-
THENCE in a Westerly direction with a line that is
Tweaety -six foot (86') South of and parallel to the center
lime of Morgan Axomse to a point TitMten fast (l5') West
of the atrnter line of Hiawatha Street, a distwao of
One Thowiad lNee Handted fat (1,900');
THEME in a Northerly direction with aline that
is Fifteen foot (15) West of and parallel to the ceater
line of Hiawatha Street to a point Thirty -sight feet (38')
South of the center line of 'Baldwin Boulevard, a dis-
tance of Aline. Hundred and Minty -mine fat (999');
THENCE, in a Northwesterly direction with a Line
that is Thirty -eight feet (38') South of mad parallel to the
center liar of Baldwin Boulevard to a point Nine feet (9')
Swath of the South Boundary Vise of State Highway No. 44,
a distance of Three Thoaseod Seven Hundred and Ninsty-
oae feat (3,791'); and embracing in all a total distance of
Thirty -one Thousand Seven Hundred and Sixty -nine feet
(31,769');
and;
WHERE-45, Second Party desires to purchase said pipeline
and First Party is willing to sell the same to Second Party for the
consideration bad upon the terms and conditions hereinafter met forth;
THEREFORE. in consideration of the covenants heroin con-
tained and the sum of One ($1.00) Dollar in band paid by each party to
the other the receipt of which is hereby acknowledged, the parties
hereto have mutually cowwntsd and agreed as follows:
1.
First Party hereby sgreas to all mad convey to Second
Patty and Second Party hereby agrees to purchase from First Party
said 6 5/8 inch steel gas pipallne, above described, together with all
valves, pipe fittings aed tennecltone forming a part of said pipeline and
all easements sad rights of way as may be owned by First Pasty ever
which said pipeline is laid. for the sum of Forty -One Thomaaad Nine
Hundred Thirty -five and 08/100 ($41,935.08) Dollars evidenced by one
promissory note of aveu date herewith for the principal sum of Forty -
One Thousand Nine Hundred Thirty -five and 08/100 ($41,935.08)
Dollars, properly executed by Second Party, the principal of said nett
3-
shall be Payable 14 43 MOOW 14410110SOMaa the Wei 4l in*telimm s is being
for 0" Thousand 01,880;08) Dollar# as" had the tart t owbooat beg"
fov Ni" *weds d vmrw -slut 88/106 j*935.") Dollars, the first tmiteliesaai
*bull be doe arA Payable on er befere Jaw"" 1, 1958, and am insiallaaoat
Shell be due &nib, payable as or before the Ist day of as" *Cc*/edirg alaaik
thoroaftor ;*am asio has bass hdly paid, raid aob shall best iatsrrst •t
the rat* of 4% per **Nvm bee" sed anon Jasaary 1, 1956, pay4blo rAaOUthly.
Faflare upon the part of Saeaad Party, is Pay any isstallmom of principal or
interest ahem dua;*ball give First P" the right to doala:s the entire
Wan" of said sols imared,}*t*lp do*, SM Payable.
u.
1t Is s*der* by tlm Parise* h*rete NLO First Party Coa-
temmal"s 60 COS*lraetlon of aaethlr "a transmission lase is thhe the
Pisa of the own above atentlOaad sad *bet Mat Party hereby rrtak" the right
to Utilise the above desaribed gas pipeliw, witheet charge far much use. aatil
smeb time E* the new list has been cssstrneted sad placed in operation, which
First Party, agree* shall not he later thou Jaftnary 1. 1980, As soon es the new
lba has bean eosstract*d and plsaad is OPeratlnn First Party agrees to deliver
Possession of the above described d 5/8 fnth g*a Pipeline to Sensed Party,
FROV.111K1b l#3WZV=, that sbo*ld First Party be Prevented from completing
its Rerh sew lifts an or b"PWG January 1, 1980, dm to shortage of materials
.nr.. o6aer rrass" boyea d its Control, *w&, spa► moUC* to _$ eared Party of
Ytbst PARIT's tumidity to toftaplete seek line, First .Party shall have additional
tka* afbr J*anaey 1, 1940 as any be nvee*sory, not to tmered alooty days, m
cOmPIOU week new limo and mates delivery of such d 5/8 lire to S*coad Party.
In t1w swat that the delivery of The 5 5/8 lack Its* to rat made Ueda after
J"U&ry 1, 19811, then Ain nonba"tT 0" of ell tnsb11200020 to thA SOUR show
described and the taaan,aCeweyuat of the aa*raal of interest *ball be posepe*ed
for the number Of days 440121n8 *abaoquant to Jammary 1, 1950 prior to such
delivery.
ul.
It to *greed *lost First Party shall have, and First Fasts• is here -
by !ranted, SVww Upon " 6 8/8 tneh steel eau piPeliue above described to
""" Us fell emit stuns Payment Of said seta end "tomost thereon, to be executed
by geeentl Party es abov* ameatisn*d.
-4-
Iv.
u is understood that Setoo# Farty eastaroplafts the ass of
the abavr doseribad plpoltae u a part of its "a distribution system
asd that such pipeline is needed far the proper and *iii €bn* operation
of its said gas distribution system, end Second Marty hereby agrees to
set aside sufficient revenues derived from its gas distribution system
to meet the monthly tastallmeata, plus interest, of the mote shove de-
scribed sad to pay acid note from the revenues derived from its gas
distribution rys4esn.
IN W ITNE M W)OLREOF, the parties hereto have executed
this instrument in duplicate thia day of September. 1949.
HOUSTON NATURAL GAS CORPORATION
Elys
ATT 81: Pr,s
Ass ateat 8saretary
CITY OF CORPUS CHRISTI. TEXAS
,,kTTLST. Itty ger
"PROVED,
City Atisresy
-S -
SECTION 2: That the City Manager is hereby authorised and
directed to pay for said gea pipeline consideration so follows: the
execution and delivery or one promissory note in the principal amount
of $!41,935.08, payable in forty -two (lie) monthly installments; the first
forty -one (141) installments being for $1,000.00 each and the last in-
stallment being for $935.08; the first installments shall.be due and
payable on January 1, 1950, and one installment shall be due and payable
an the lot day of each succeeding month thereafter until said note has
been fully paid, which note shall bear interest at the rate of Li%e per
annum, payable monthly.
SECTION 3. The necessity for procuring adequate gas trans-
mission lines within the City of Corpus Christi and in the location
referred to in said contract creates a public emergency and public im-
perative necessity requiring the suspension of the Charter rule that no
ordinance or resolution shall be passed finally on the date it is intro-
duced and that such ordinance or resolution shall be read at three several
meetings of the City Council, and the Mayor having declared that much
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�j day of September, A. D. 19Q9.
TEST:
MAY R
City of Corpus Christi, Texas
ity Secretary
APPROVED AS TO LEGAL FORMt
Clty Attorney
Corpus Christi, Texas
=-, 191+9
TO THE MW SRS OF THE CITY COMCIL
Corpus Christi, Texas
Gentlemen.
For the reasons set forth in the emergency clause of the fore-
going ordinance, a public emergency and imperative necessity exist for
the suspension of the Charter rule or requirement that to 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 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,
City of Corpus.Christi, Texas
The Charter rule was suspended by the following vote.
Leslie Wasserman
Jack DeForrest
Barney Cott
Sydney E. Herndon
George L. Lowman
The above ordinance was
passed by the following vote:
Leslie Wasserman
Jack DeForrest
Barney Cott
Sydney E. Herndon
George L. Lowman
y
�59'_
TO TkM 14ATOR AND CITY COUNCIL:
I hereby certify that the money required for the attached
contract between the City of Corpus Christi, Texas and the Houston
Nataral Gas Corporation to in the tr*"ary to the credit of the fund
from which it is to be drawn and not appropriated for asy other
Purpose.
Dated this 13th day of September, 1949.
I& � �� lu",
Director of Monte/