HomeMy WebLinkAbout03172 ORD - 11/27/1951AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER FOR
AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO
EXECUTE A CONTRACT WITH THE SUNRAY OIL CORPORA-
TION, SAID CONTRACT TO BE SUPPLEMENTAL TO AND
IN CLARIFICATION OF A PROVISION OF THE CONTRACT
ALREADY ENTERED INTO BY THE CITY OF CORPUS
CHRISTI AND SAID SUNRAY OIL CORPORATION FOR
THE SUPPLYING OF WATER, A COPY OF WHICH CaNTR.ACT
IS ATTACHED HERETO AND MADE A PART HEREOF; AND
DECLARING AN EMERGENCY.
WHEREAS, The City of Corpus Christi has heretofore
entered into a contract with Sunray Oil Corporation of Tulsa, Oklahoma,
for the supplying of water to said Corporation for its use in the
operation of its plant and refinery located west of Corpus Christi
in Nueces County, Texas, which said contract authorized the said
Sunray Oil Corporation to install its pumping machinery and other
facilities but failed to express in said contract the understanding
of the parties that any machinery so installed would upon the termina-
tion of the contract or during be removable by the said Sunray Oil
Corporation; and,
WHEREAS, The parties desire to state in writing the
understanding regarding the right of removal of said machinery, and for
such purpose have deemed it advisable to enter a supplemental agreement
expressing their understanding;
NOW, THEREFORE, BE IT ORDAINED 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 supplemental contract with Sunray Oil Corporation, a copy
of which is attached hereto and made a part hereof, reading as follows,
to -wit:
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it in hereby stipulated a4 agreed by and heft em
CITr OF C;tRM cam=, ` MMS' a3 municipal corporation, repreeent-
ed Itarein by its City iSauager, W. B. Collier, and SUNRAY OIL
Cogpo=00, of We&, Oklahaae, that the principal agree mt
between them, of even data herewith, for the purchase of mater
from The City of Corpus Christi by a`i=ay oil Corporation for use
by the latter in the operation of its plant and refinery located
west of Corpus Christi, in Ruecss County, Texas, be, and than same
is hereby, amended by the insertion therein by this reference of
the following, additional quoted provision which the parties in-
tended, but by inadvertence failed, to insert in said principal
agreement, to wit t
*The pumping station building, and aall s,
machine -gy, pumping facilities and equipment
placed, constructed or installed by Sunray Oil
Corporation the pump station site forming
part and per on of the promises of The City
of Corpus Christi, under the terms hereof, and
all pipe lines, together with valved and connea-
tions, installed by Sunray Oil Corporation tPan
send .puma station site or other land of The City
shall be and remain the personal property of
Sanray oil Corporation, Constructively Severed
from Tne City's realty, and Sunray Oil Corporation
shall 'have the right to remove all or any part
thereof at any time it desires, either during
the term and existence of this contract, or af-
ter the torminati,on of the contract ft" any
Cause ;"the premises to be restored to their p}evious con-
dition after removal. f" " upo demand of the t
The parties agree for U-0 soma ConsJ4� Lion aWatssed in
the principal agreement that the above cpwted paragraph shall con -
atitute part and parcel of said principal agrewwnt, with like
`, effect as if originally inserted therein.
AAT9D this day of , 1951.
ATTHM:
ty are ary
AYFROM AS TO LWAL rOR14s
City Mr—Rey
Ada
Man secretary
'ice CITr Cis' CORM CMUSTI, TMM
B. Collier, My MEN7
Fonp Apo
samy on C ORPOPATIOR
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SECTION 2. The fact that the parties hereto deemed it
advisable to execute a written statement of their agreement requires
the immediate execution of said contract and creates a public emergency
and an imperative public necessity requiring the suspension of the
G'u 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
the suspension of said Charter rule 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 PASSED
AND APPROVED This the gL�ay of November, A. D. 1M- «
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City of Corpus Christi, Texas
TEST;
City Secretary
APPR VED AS TO LEGAL FORM:
City ' torney