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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/