HomeMy WebLinkAbout02796 ORD - 06/20/1950b /20 /50 (5)
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER FOR
AND ON BEHAIF OF THE CITY OF CORPUS CHRISTI TO
EIECUTE A CONTRACT IN ANNUAL RENEWAL OF THE EXIST-
ING AGREEMENT WITH HUNHLE OIL A ND REFINING COMPANY
FOR ITS AVIATION PRODUCTS AT CLIFF MAUS AIRPORT
UNDER THE TERMS AND CONDITIONS THEREOF AND FOR THE
CONSIDERATION SET FORTH THEREIN$ A COPY OF SUCH
SALES AGREEMENT CONTRACT BEING ATTACHED HERETO AND
MADE A PART HEREOF; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF CORPUS CHRISTI,TEXAS:
SECTION I. That the City Manager be and he is hereby author-
ized and directed for and on behalf of the City of Corpus Christi to
execute a contract in annual renewal, of the existing agreement with
Humble Oil and Refining Company for its aviation products at Cliff Maus
Airport under the terms and condition thereof and for the consideration
set forth therein, a copy, of such sales agreement contract being made
a part hereof and attached hereto, to -wit:
FORM 5o 642 O5660 Aviation Products Sales Agreement
HUMBLE quo �—
1. PARTIES. This agreement this date made and entered into between HUMBLE OIL & REFINING COMPANY, of HOUS-
TON. TEXAS, hereinafter called SELLER, and. ........�._.t$__r�Or�!•- Ctuisti
hereivafter celled BUYER, Witneeeeth: ...........- 3 ................. _ ...... . ...........................
2. QUANTITY AND PLACE. Buyer agrees to purchase from and pay Seller for, and Seller agrees to sell and deliver to Buyer
not less them .... . ......... .... ... gallons nor in excess of_l�,tl?- __...gallons of Humble Aviation Products as are named in the
list below or in schedule attached, at the prices designated, which the Buyer may require at the._......... — _.
Guff F4aus Fisld ..........
8. PERIOD. Between ..... ...... . ...... . e._ t 1%wU -- --
.....-- -.._— ._..and......._.......- --- --.
4. BRANDS, PRICES;
Prise Per Unit
HUMBLE AViATIONN GASEILiNC—. PRICE TO F;. F3!3p, ".('t!= (',i
& REF=t,�'fiw! G!}` ✓rAl'aFC>Si " "I�rs �v
EFF=ECT FJi T E OF U7_i1VEF,y FOR G'f ADE PURCHAs- D AF 31jLK
STATION FROM WHCH VELNE y i3 MWOE.
KIMBLE AVIATION 1LI98F,'CANtS: PRICES 74 SE AVIATKIN
LLIEtRtetaUT S I,Li€i CI r _', –tfCE 4 EFFECI DATE 0.
DELIVERY, COILPY OF CURRENT SCHEDULE IS SUBMITTED.
5. METHOD OF
........................
...._....._.._._.._........_.........---...._.......... ..............-•------......_....-------.._......_._....__......__........-........_......-----....... .._............- ....._........_ ......
58...... eret�se. of said products in excess of i990.00 for any one purchase is authorised.
---------------------- --_......... - - -... --- ....................._.
6.
ue Christi Twfsa .......I
These prices are f.o.b ..................... rP.._.._. ......a...._..... —•
... . .................. _ ........ ............................ ...... _ .................. _ ................ _ .................................. - .......................................................... _.....
7. ENGINEERING SERVICE. Seller's Engineers will without charge advise and co- operate with Buyer in the proper appli-
cation of Humble products to obtain the most economical results,
8. TERMS OF PAYMENT:
Lubricants. 1% Discount if paid within 10 days from date of delivery, 30 days net. Discounts shall not be allowed from
or be applied to or be computed upon taxes or freight. Gasoline. 30 days net.
9. INSTALLMENTS. Deliveries or shipments must be taken by Buyer in fairly equal monthly allotments.
10. QUALITY AND UNIFORMITY. Seller guarantees the above named products to be uniform in quality and at all times up
to its high standards of refining.
11. GENERAL PROVISIONS. The general provisions appearing on the reverse aide hereof are hereby made a part of this
contract, save where same are inconsistent herewith,
12. EXECUTION AND VALIDITY. This instrument contains the entire agreement and supersedes and cancels all now exist-
ing aviation products contracts between Buyer and Seller. It cannot be transferred or assigned by Buyer without written
consent of Seller. There are no oral promises, representations or warranties affecting it, and this agreement or any amend-
ment thereof will not be valid until the Seller has approved same in writing by its Sales Manager, Assistant Sales Manager,
or an officer.
Witness our signature this the_ ....... ...... ..- -day of.._...................
(Buyer)
ACCEPTED AND APPROVED:
HUMBLE OIL & REFINING COMPANY (Seller)
- Humble Sales Representative
GENERAL PROVISIONS
TAXES —It is agreed that any duty, tax, fee or other charge Seller may be required to collect or pay under any municipal,
state, federal or other law now in effect or hereafter enacted, with respect to the manufacturing, processing, sale, transporta-
tion, delivery or use of the commodities covered hereby will be added to Seller's currently posted list prices and be paid by the
Buyer.
DRUMS OR BARRELS —It is agreed that Seller shall have the option and privilege hereunder of delivering products in
either light iron barrels or heavy -type barrels or drums in an effort to maintain prompt delivery schedules, and that, subject to
the provisions of this clause, all heavy drums are and shall remain the property of the Seller, loaned to the Buyer for transpor-
tation only of the products delivered hereunder.
Deposit for heavy iron barrels or drums as shown in Seller's current schedules date of delivery will be required or changed
on such drums or barrels and it is agreed that these deposits will be returned to Buyer upon the basis outlined in the schedule.
Cost of 66- gallon light iron drums included in price of product and remain property of Buyer.
PAYMENTS — Notwithstanding the acceptance of this contract by Seller, if Seller is not satiafied with the financial re-
sponsibility of Buyer, or if the financial responsibilty of Buyer hereafter becomes impaired, or unsatisfactory to Seller, or if
Buyer fails to make payment as provided, Seller shall have the right to demand rash payment or satisfactory security and
may withhold shipments until it receives such payment or security.
FREIGHT RATES —The prices mentioned in this contract are based on existing published freight rates from Seller's points
Of origin, and it is mutually agreed that if the freight rates are increased or decreased, the prices will be correspondingly
adjusted.
DELIVERIES DELAYED OR PREVENTED —All orders shall be filled by Seller with reasonable promptness, but neither
Seller nor Buyer shall be held responsible for any losses resulting if the fulfillment of any terms of provisions hereof shall be
delayed or prevented by compliance with any order or request of any governmental authority or any person purporting to act
therefor or by revolutions or other disorders, wars, acts of enemies, embargoes or other import or export restrictions, strikes,
lockouts, fires, floods, acts of God, arrest or restraint or rulers, or peoples, perils of theses, accidents of navigation, break-
down or injury to ships, failure of, or interference with supply from Seller's present sources, breakdown or injury to, or
expropriation or confiscation of the .facilities used for the production, transportation, receiving, manufacturing, handling or
delivery of the products described herein or crude petroleum from.which they are derived, or by. any other acts, whether or
not of the same class or kind as those above set forth, not within the control of the party whose performance is interfered with,
and which by the exercise of reasonable diligence said party is unable to prevent: If by reason of any of such causes, supplies
of products described above or crude petroleum from which they.are derived from .any. of Seller's then existing sources of
supply are curtailed or cut off, then the obligation of Seller 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 customers the supplies of products de-
scribed herein then in storage and such quantity as may be received in the ordinary course of business from any other existing
sources of supply for Seller's business, and Seller shall not be required to increase its takings from such other sources of supply
or to purchase supplies of products described above or crude petroleum to replace the supply so curtailed or cut off. If the
products covered by this contract are not available at Seller's normal point of gasoline shipment, then Seller shall be under no
obligation to make deliveries hereunder. If Seller shall suffer any loss of tanker or barge tonnage, or if compliance by Seller
with any order or request of any governmental authority shall reduce the tanker or barge tonnage available for the normal
movement of crude petroleum or petroleum products, the obligation to make deliveries hereunder may be reduced at Seller's
option approximately in proportion to such loss or reduction. Seller shall not be required to make up deliveries omitted on ac-
count of such causes.
MEASURES — Unless otherwise specified in the, memorandum, (1) s gallon shall be taken to mean an American gallon
of 231 cubic inches, (2) a barrel of bulk oil or other product shall mean 50 American gallons, (S) wooden or iron barrels in
which products are sold by the gallon shall contain not less than 40 nor more than 00 American gallons, and if products, oils
or greases are ordered in packages other than barrels the regular schedule of Seller for additional price shall apply.
PRICE ADJUSTMENTS— Seller may at any time during the term hereof, upon thirty (30) days' notice nailed to Buyer,
adjust the price or prices of any products contracted for herein, except aviation gasoline unless otherwise stated on the reverse
side hereof. The price of aviation gasoline may be changed at any time without notice. If Seller's regular list price schedule is
reduced, a corresponding reduction will apply to these prices daring the period of such reduction. In the event Seller's regular
list price schedule is advanced, then before the effective date of such advance Buyer shall have the option of purchasing at the
price schedule in effect at the time such notice is given, a quantity of any product sold hereunder, not in excess of his average
monthly purchases previously delivered hereunder. It is further understood that if such regular list price schedule advance is
not satisfactory to Buyer, Buyer may within such thirty (30) days' period give written notice to Seller 4 any lower price at
which Buyer can purchase such product of equal quality, and if Seller refuses to meet such price, Buyer may, by giving Seller
written notice forthwith, terminate this agreement as to the products affected by the notice.
CLAIMS —Any Claim for defect or variance in quality or shortage shall be made and Seller shall be notified and given an
opportunity to inspect, within two days after goods reach their destination, and in case of deliveries in tank cars or boats,
this notice and opportunity shall be given before the goods are unloaded; and a failure of Buyer to observe this provision
shall operate as a waiver of such claim.
TANK CARS —Any tank cars furnished by the Seller shall be discharged by Buyer immediately upon arrival and de-
livered back to the railway from which they were received billed in accordance with forms furnished by Seller, and for any
cars of Seller detained more than 48 hours, Buyer, besides paying such railway demurrage as may accrue, shall pay Seller an
amount at least equal to the railway demurrage, but not less than two dollars per car for each day or portion of a day after
expiration of the 48 hours.
BOAT DELIVERIES —When deliveries are made by Boat, Buyer shall furnish berth at which the vessel may lie safely
afloat at all stages, together with necessary facilities for discharging immediately upon arrival; any delay caused by Buyer to
result in demurrage will be the responsibility of Buyer; oil will be pumped out by Seller, but its responsibility ends at the
boat's rail. Access to the shore tanks of Buyer and gauge tables thereof shall be accorded to Seller for the purpose of
gauging and Buyer shall deliver to Seller a receipt for the amount of oil delivered as shown by such gauge taken by a
representative of both parties.
APPROXIMATE QUANTITIES —In case deliveries are made in carload, boatload or tank wagon lots, deliveries, within
ten per cent of amounts called for by the contract or any installment thereof shall be deemed sufficient deliveries by Seller,
only the actual amounts delivered to be paid for.
RETURNS —None of the goods purchased hereunder may be returned for credit to Buyer's account or exchanged for
other goods except with the written consent of Seller and upon such terms as it may fix.
MINIMUM DELIVERIES —No oil will be delivered in bulk or packages in lots of less than five (5) gallons; greases, one
(1) carton. Cartons, Light Iron Bbls. (LIB) and Cans sold in full original packages only.
CHANGE OF BRAND NAME —Seller 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 shall be deemed to cover the products under the new names or
designations, being of the same nature and specifications and for the same uses, to the same extent as if said new names or
designations were specifically set forth herein.
INGRESS AND EGRESS — Seller shall have free rights of ingress and egress to the airport or other property upon which
the plant and storage tanks of the Buyer are located for receiving deliveries, installation or removal or maintenance of equip-
ment hereunder without any fee or other charge being imposed upon Seller for the privilege of entering such airport or other
property on which Buyer's receiving equipment is located.
SECTION II. The necessity for providing proper facilities
for the benefit of the users of the Airport creates a public emergency
and imperative public necessity requiring the suspension of the Charter
rule that no ordinance or resolution shall be passed finally on the
date of its introduction and that such ordinance or resolution shall
be read at three several meetings of the City Council• and the Mayor
having declared such emergency and necessity to exist• requesting
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 OR-
DAINED.
PASSED AND APPROVED This the 20th day of Junes A.D. 1950.
OR P20 - -U W�, of the
T= CITY OF CORPIIS CRRISTI•TESA5
y sere ary
Corpus Christi, Texas
1950
TO THE PLi4BER3 OF IM, CITY COUNCIL
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 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 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,
vman
D".i, R � t O •Tli.wL
City of Corpus Christi, Texas
i
The Charter rule was suspended y the following vote:
Leslie Wasserman
Jack De: orres t
Barney Cott
Sydney E.'Her.
Zdon
�� J
George L. Low man
The above ordinance
ce was passed
by the following vote:
Leslie ;jassen pan
Jack DeForres
Barney Cott
Sydney E. Her
Herndon
George L. Los
vman