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Home My WebLink About03093 ORD - 07/17/1951AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF TEE CITY OF CORPUS CHRISTI TO EXECUTE A CONTRACT IN ANNUAL RENEWAL OF THE EKISTING AGREEMENT WITH HUMBLE OIL AND 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 BEREOF; AND DECLARING AN EMERGENCY. BE IT ORDA --NEED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be and he is hereby authorized 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 con- sideration set forth therein, a copy of such sales agreement contract being made a part hereof and attached hereto, to -wit: Go 942 RXV. 0009 HUMBLE OIL & REPINING COMPANY Aviation Products Sales Agreement HUMBLE ESAO AVIATION PRODUCTS 2. DUPLICATE CUSTOMER'S COPY CONTRACT AND AGREEMENT entered into by and between the HUMBLE OIL & REFINING COMPANY, of HOUSTON, TEXAS, hereinafter called Seller, I City Of cq=s Christi of Cliff %laus Field po Goorws Christiv Texas, hereinafter called Buyer, W1TNESSETH: 1. During oath yearly period this Contract is in effect Seller agrees to sell and deliver to Buyer and Buyer agrees to purchase from and gay Seller for the Aviation Gasoline, Aviation Engine Oil and other petroleum products listed below: (a) Humble Esso Aviation Gasoline of the following grades and quantities: (1) Min. Gals. m Gals (2) -- Min. Gals- Max. Gals. (3) Alin. Gals- Max. Gals. (4) Mi Gals- -----Max. Gals. (b) Humble Esso Aviation Engine Oils (in barrels of approximately 50 gallons each or in cartons of 94 1-quart and /or 4 1- galIon cans), of the following grades and quantities: (1) Grade 60 Min. Gals- Max. Gals. (2) Grade 80 Min. Gals. Max, Gals. (3) Grade 100 Min, Gals. Max. Gals. (4) Grade 120 Min. Gals, - Mam Gals. (c) Humble Esso Aviation Greases and Special Lubricants: (1) Special Aviation Greases of the kinds and qualities listed on the attached Selling Schedule, Min. Lbs ' Max. Lbs (2) Special Aviation Lubricants of the kinds and qualities listed on the attached Selling Schedule, Min, Gals. — -- — — -- - --..Me r Gals, 2. Said aviation gasoline shall be delivered by Seller to Buyer in Tanityagan ------------quantities as ordered by Buyer at Buyer's place of business at the above airport address, orders to be placed calling for a proximately equal monthly deliv- eries, subject only to seasonal variations in demand. See supple went No. 2a on reverse siRe hereof. 3. Buyer agrees to ay for said products Seller's applicable poste '-'' prices on aviation gasoline and Seller's applicable contract dealer schedule prices on aviation lubricants an other petroleum products is effect at point and on date of delivery, 4. Subject to the foregoing provisions, this contract shall continue in effect for a period of one year from this date, and thereafter from Kear to year until terminated by thirty days advance written notice from one of the parties hereto to the other. Such notice of termination may e given personally or by depositing it in the U. S. mail properly addressed and postage paid. 5. If there shall be posted, mounted or otherwise displayed on or in connection with Buyer's premises any sign, poster, placard, plate, device or form of advertising matter, whether or not received from Seller, consisting in whole or in part of the name "Humble" or any other trade name, trade mark, brand name, label, insignia, symbol or imprint owned by Seller or used by Seller in its business, Buyer shall discon- tinue the pasting, mounting or display of same immediately upon the termination of this contract. G. In the event Seller should actually deliver to Buyer and Buyer should actually accept and receive during the term hereof quantities of products in excess of the maximum quantities herein provided, Buyer agrees to pay for said products at the prices specified. 7. Buyer agrees to pay cash for all products delivered to Buyer by Seller under the terms of this contract, except deliveries for which credit has been previously arranged in writing with Seller. On lubricants 1% discount will be allowed if paid within A days from date of delivery, otherwise terns are 30 days net. Discounts shall not be allowed from or be applied to or be computed upon taxes or freight. On avia- tion gasoline terms are 30 days net. Seiler shall, be paid at its office in Houston, Texas, for all products not paid for in cash at time of delivery. 8. Seller shall not be liable in damages or otherwise for delay in making or failure to make deliveries when such delay or failure is due to any cause whatsoever beyond the control of Seller, 9. 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. 10. Seller shall have the right at any time during the life of this agreement to change, alter, amend or eliminate any of the trade names or brands of petroleum products covered by this contract. 1f. Without charge, Seller's Engineers will advise and cooperate with Buyer in the proper application of Humble products to obtain the most economical results. 12. Any tank cars furnished by Seller shall be discharged by Buyer immediately upon arrival and delivered 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 ppaging such railwwa�yy demurrage as may accrue, sball pay Seller an amount at least equal to the railway demurrage, but not less titan two dollars per car for each day or portion of a day after expiration of the 43 hours. 13. 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 affecting deliveries, installation maintenance or removal of equipment hereunder, without any fsa 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. 14. This contract may be immediately cancelled by Seller in the event Buyer should fail to comply with any of the terms hereof, f6. This instrument contains the entire aviation products sales agreement between the parties hereto and shall not be binding on Seller unless and until approved in writing by its Sales Manager, Assistant Sales Manager or other duly authorized representative. Executed in duplicate this the day oL- , 19�, (Buyer) By (Signature) (Title) ACCEPTED AND APPROVED: HUMBLE OIL & REFINING COMPANY (Seller) BY — Title Assigned Ressle Dealer No Humble Sales Representative G 2a. no purchase of said products In excess of $990.00 for any one purchase 3s authorized. SECTION 2. 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 bein full force and effect from and after its passage, IT IS ACCORDINGLY SO OR- DAINED. PASSEDJUM .APPROVED This the !% th day of duly, 19y1. The City of Corpus Christi, Texas TEST: City Secretary A:PPRO D k5 TO CitY A,ttorn 4 Corpus Christi, Texas 1951 July / 7 ; 4- TO THE bdMERS OF THE CITY COUNCIL Corpus Christi., Texas Gentlemen -s 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; T, 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.Councila Respectfully, a� MAYOR City of Corpus Christi, Texas The Charter rule was suspended by the following vote: Leslie Wasserman Jack DeForrest Barney Cott- Sydney Ea Herndon George Lo Lowman The above ordinance was pawed by the following votes Leslie Wasserman Jack DeForrest Barney LOit Sydney E. Herndon George L. Lowman