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HomeMy WebLinkAbout02635 ORD - 11/08/1949AN ORDINANCE GRANTING TO SOUTH= OIL SALES COMPANY, A CORPORATION, THE RIGHT, PRIVILEGE AND FRAN- CHISE TO OPERATE A TANK TRUCK TO AND ON THE L-HEAD LOCATED AT THE FOOT OF COOPER ALLEY AND THE BARGE LOADING DOCK LOCATED AT THE FOOT OF CARROLL STREET.FOR THE LINITED PUR- POSE AND WITHIN THE LIMITATIONS SET OUT IN THIS ORDINANCE FOR THE PURPOSE OF FURNISHING DIESEL FUEL OIL To BOAT CUSTOMERS AT SAID POINTS; PROVIDING CERTAIN REGULATIONS FOR THE EXERCISE OF SAID RIGHTI SPECIFYING A CONSIDERATION; PROVIDING FOR A CANCELLATION CLAUSE; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEYASt - .. SECTION 1. There is hereby granted to Southern Gil Sales Company, a corporation, with its domicile and place of business at Corpus Christi, Nuaces County, Texas, hereinafter referred to as Grantee, subject to the terms and conditions hereof, the right, privilege and franchise to operate its tank truck or trucks and furnish diesel fuel oil to boats] this fran- chise and permit to apply solely to the L -Head located at the foot of Cooper Alley and the barge loading dook located at the foot of Carroll Street, in the City of Corpus Christi, Texas. SECTION 2. Grantee, subject to the performance by it of all obli- gations herein assumed by it, shall have the right, subject to the Charter and Ordinances of the City, end the terms and conditions hereinafter set forth to operate its tank trucks or truck in and upon the areas described in Section 1 for the purpose of serving such customers with whom Grantee mow have in existence valid service contracts for delivery at either Port Aransas or other places. No delivery shall be made at any other points them the areas described in Section 1. SECTION 3. The Grantee shall have its tank trucks equipped with proper equipment for making delivery to its oustomera so as not to create any fire hazard or in any way contaminate the watera of Corpus Christi Bay and in all its operations shall observe all laws of the United States, State of Texas, and all Ordinances of the City of Corpus Christi and all regulations of said authorities as to cleanliness and fire preventative measures. SECTION It. That the consideration for this franchise and permit shall be the payment to the City of one- fourth (1/4) of One Cent (1¢) per ey gallon on the first 50,000 gallons sold in env one calendar month and one- eighth (1/8) of One Cent (1�) per gallon on all amounts in excess of 50,000 gallons sold in any one calendar month. As a condition of this franchise, Grantee shall prepare and deliver to the office of the City Secretary on or before the 10th day of each calendar month a complete statement sworn to be- fore a Notary Public showing the correct amount of sales made during the pre- ceding calendar month and attach to said statement Grantee's payment of the amount due the City calculated on the basis herein provided. ,"'SECTION 5. This permit and franchise shall be for the period of one (1) year commencing November 9, 1949, and expiring November 8, 1950, provided, however, that upon the giving of thirty (30) days written notice either the City or the Grantee may at their option terminate this franchise. SECTION 6. Grantee shall observe and abide by all the rules and regulations pertaining to and governing the use and operation of the Hay Front and Yacht Basins as it now or may be provided by City Ordinance, and shall in all its operations be subject to the supervision of the City Harbor Master. SECTION 7. This franchise shall in no wise be construed to be ex- clusive and shall not be construed as granting to Grantee any right or privi- lege to set, establish, construct or maintain any equipment upon the L -Head or barge loading dock other than to park its tank truck or trucks and make delivery of diesel fuel oil to customers, boat or boats direct from said truck or trucks. SECTION 8. The commencement of operations under this permit and franchise shall constitute an acceptance of the same by the Grantee, and this Ordinance shall be effective immediately upon its passage and approval. SECTION 9. The necessity for providing a source of supply of diesel fuel oil to boats moored at the L-Hsad located at the foot of Cooper Alley and the barge loading docks located at the foot of Carroll Street in the City of Corpus Christi immediately 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 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 i dw of November, A. D. 1949. i y sore ary AT LEGAL FOR➢Qs City of Corpus Christi. Texas orney Accepted according to the terms of said franchise - SOUTHERN OIL SALES COMPANY, INC. By Pica President Corpus Christi,, Texas W4-y' l9l;9 TO THE HH6BEBS OF THE CITY COUNCIL Corpus Christi, Texas Gentleman: a „ For the reasons set forth in the emergency clause of the fore- kJ- going 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 Cbuaoil; 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 1_ Jack DeForrest Barney Cott Sydney E. Herndon /y George L. Lowman /�„y Aceeatmoe T8 SUTA of =a of 4 ON ALL W 6t TSM PXZS BI That, Rio $mukherr an ad" oeapw. the undersigned of said frasehise. meting by and %Uvq $ its duly eathart"d aMmers. *sea hsrety ACCEPT filer itmelfv its mwws&ws aid assignsg the aforessia freashiss as the saw in wt fsrth is mad granted to it. ita sssvesmars and assips. by the aforesaid ardinanes. upon mad sabjeat to all of the condition of the aforemaid ordiamnoe. sad ARSM that it. its successors and &snips. is entitled to all of the rights. privilsgN and frasohimes thereby granted. mad agrees that it. its successors and swipe. in DOW by and will COMELY with all of the duties. liabilities. terns asd warisions thereof. IS TESTIYOEf h9WWF. Southern Oil Sales Company has "V"d these presents to be awsonted by its duly authorized offiows, and attest- ed. sdth SAS wrporate sasl. this the dq of A.D. Ig SOUTEM OIL SALES COMPAET AtTESTs THE STARE OF TEUS BEFORE ham, the undersigned wkhariiWs on this dy persasmljT appeared of daxetiera . sr - perm awy is ■obssribed to the foregoing instrument and aahaewiadged to as that he ompatted the seas for the purposes and mousideration, therein arsprs ed and as the act and dyad of said CompoW. end in the capacity therein stated. GI11hiE DhFDss hQ MU AND SEaL OF OFFICE. This the day of A.D. 19 No" pablis in a" for Bars" Cooft Tsi&e G,.Aooevteaae 00 ALL W BY Tign 1'98®Mal Thadta $omthom Oil Was Company, a oorpomtim. applied roa a favoahiw to *paste a toot ta'W* to aW m tho IrBmmd looatod at tha root or ODOW IUW and the yarn loodin6 dmmt lowbod at the raa;t or *0 p 1 $treat for tha UML-d porpow and and stldaa the 11dto6ims mat aft bw-Ln grope for the pwpore of 3lardshimg dies" fool oil to bo" om.t —rs at maid peintoe aW for the eoaoidaration as mot rarth bermineltare MA fteaeaa. The city co-oll or the Our or corpus arieti did paw cad approve = ordi mmmpoa befog erdin000G No. 2W# r9go ded at 1110 " T6b- 17 or the Ordiaoaoo cad aasalpumn Baosdo at the cliw or Cerpae Gins - Wu fah dq or Baamlbw. iqW Og op" A- mahiop =4 TURZM -a im oaoaid"Wtim ar the proadoaa and for the ptMpmw at oaaOrLy g With tha -ananpm grading mob f mookiew. a Goff or Which is aWo a part haiwr for all portimaat pmrpoas aW ehigh r*aft as raiieoea 4e4bna pit 44" eimpaq, the aalerildied tzWOW at saU h+aaattae, voting by end Urav& its 4oli aid deer heaabp AgUn Coe itseit, its soaesaaamet aal ommigul, the stwsassia teenablsa as tb sass is see Penh Is mad &rmoted to it, its saaoesaers recd sawtvtsa b9 the arareaslA erdisaneo, upon eaei sabjaat to ali of the oaaditiant of the stereaaid ardiaame, and AG UM that It, its swoeeWm mad aaeiVA, U entitled to ail of the rights, privileges mad frammbiewt tberoby ;ranted, WA agspu tier it, Its aaooearers mad asslgaws. Im SOM by seal will 6t8i W with all of the dames, liabilitdeee term Sad yroKslom theraor. IN TstsTDAAT 7fP mot, southern an solos coupes bas cam" these presents to be esaenbed by its daly asdLeimed offSanm aid attest- ed with its aerporats oval, this the dq of A.D. 29— SOOTS= OIL SALSS WaAffi ATTiST t adq UMMY To Scm or TVA" 1 cost as Uwe urm a. the tsdeeei@edttattis4*rs an tale aw perooclatly appeared or !scat , mr pme+ea U addoorlbed to the templag 'astraarae and ma maoda{ged to tw* he e>aamw the star tat tie parpaaae mad eansider -lot there's eat ed aid as the eat and deed of maid pasty, and Is tha asyeolir thstaln 617= MUR Af IM AND UAL OF OFn9B, This the dq of - A.D. 19 ll� pule Is 40d tar sashes C=WW Twos