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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: i�a YVF avat •1Qw1 @•Sl f 3 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 Il ru ea 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- « � City of Corpus Christi, Texas TEST; City Secretary APPR VED AS TO LEGAL FORM: City ' torney