HomeMy WebLinkAbout03186 ORD - 12/12/1951iVinger;gp (5) .._.
December 12, 1951
1/ '
CAN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE
CITY OF CORPUS CHRISTI FOR AND ON BEHALF OF THE
CITY TO EXECUTE A CONTRACT WITH PONTIAC REFINING
CORPORATION RELATIVE TO THE PURCHASE OF WATER TO
BE FURNISHED BY THE CITY FOR A PERIOD OF FIVE YEARS
BEGINNING JANUARY 1, 1952, UNDER TERMS AND CONDI-
TIONS IDENTICAL WITH THAT CERTAIN CONTRACT ENTERED
In� ss,.„ INTO BETWEEN SAID.PARTIES ON AUGUST 1, 1.944' WITH
x THE AMENDMENTS SET FORTH IN SAID CONTRACT, A COPY
OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF.
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 to execute for and on behalf of the City
of Corpus Christi a contract with Pontiac Refining Corporation,
relative to the purchase of water to be furnished by the City for
a period of five years beginning January 1, 1952, under the terms
and conditions identical with that certain contract entered into
between said parties on August 1, 1944, with the amendments set
forth in said contract, a copy of which is attached hereto and made
a part hereof.
SECTION 2. That the foregoing ordinance was read for
the first time and passed to its second reading on this the��!�
day of'December, 1951, by the following vote:
Leslie Wasserman -
Jack DeForrest
Sydney E. Herndon
George L. Lowman _
Frank E. Williamson
I
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I
That the foregoing ordinance was read fjR—d.,, second time
and passed to its third reading on this the / cf December
A.D. 1951, by the following vote:
Leslie Wasserman
,• , ,
Jack De Forrest
Sydney E. Herndon
George L. Lowman
"
O --
Frank E. Williamson
That the foregoing ordinance was read for the third time
and passed finally on this the:j 6
- da Y of D=-c. A.D. 1951, by
the following vote:
Leslie Wasserman
Jack De Forrest
Sydney E. Herndon
George L. Lowman
Frank E. Williamson
�a
PASSED AND APPIUVED r
This the�dsy of
JG, A.D., 1951.
(A NEST:
C Sec a
:ID A5 TO LEGAL FORM:
A rney
YOR P o
CITY OF CORP CHRISTI, JEggS
THE STATE OF TEXAS J
COUNTY OF NUECES I
THAT WHEREAS, on the lot day of August, 1944, the City of
Corpus Christi, Texas and Pontiac Refining Corp., a Texas corporation,
entered into a contract relative to the purchase of water to be furnished
to Pontiac Refining Corp. by the City of Corpus Christi, Texas; and
WHEREAS, under paragraph II of such instrument the obligations
of the parties expired on Suly I. 1949; and
WHEREAS, since the 1st day of July, 1949 the parties to such con-
tract have continued to comply with the terms and provisions of such con-
tract, without formally renewing and extending such contract by an instru-
ment in writing; and
WHEREAS, it is the desire of the parties hereto to enter into a new
contract, for a period of five (5) years beginning with the Ist day of Jan-
uary, 1952, such contract to be under the same identical terms and con-
ditions as the contract first hereinabove mentioned, subject only to the
changes hereinafter mentioned;
NOW, THEREFORE, for and in consideration of the sum of One
($1.00) Dollar and the mutual benefits accruing to each, the parties hereto
enter into this contract, under the same terms and conditions as the con-
tract hereinabove mentioned and as so written, until the 31st day of
December. 1957. PROVIDED, HOWEVER, that paragraph I (I3) of the
original contract shall be amended so as to hereafter read as follows:
If the Company should consume more than Five Ntiliion
(5,000;000) Gallons of treated water in any one calendar
month daring the period covered by this contract, the Com-
pany shall pay to City for all treated water consumed by
it during such calendar month at the rate of Twelve Cents
($ .12) per one thousand gallons."
It being iniendea that when the Company consumes Five Million Gallons
of treated water in any one calendar month, the price provided for in
this paragraph shalt be the only price used in computing total cost of
wester,
PROVIDED.FIJI XIIERt that paarnraphs numbered I (C) and I (D) and
Qaragra hs�nwnbered VT and VII
Hof thezgi coufrae:t ititib's and are hereby deleted, it
being intended- that by 'such deletion the minimum rate chargeable to
the Company by the City, shall be, after the lot day of Isnnary, 1952, the
sum of Twelve Cents ($ .12) per thousand gailoas of water consumed.
gf WITNESS WHEREOF, the,p6rties hereto have caused these
pre .eats to 'bet ;duly executed this _,day of A. D.
1951.
Y
ATTEST:
City Secretary
APPROVED AS TO LEGAL FORM:
City Attorney
CITY OF CORPUS CHRISTI, TEXAS'
By
City Manager
PONTIAC REFINING CORP.
By
ATTEST: President
AssisiM Secretary
STATE OF TEXAS
COUNTY OF NUECES 4
BEFORE ME, the undersigned authority. on this day personally
appeared W. a. Collier. City Manager of the City of Corpus Christi,
Texas, known to the to be the person and officer whose name is sub-
scribed to the foregoing instrument, and acknowledged to me that he
executed the same for the purposes and consideration therein expressed,
and :as, the act and dead of. the said City of Corpus Christi, Texas, a
municipal corporation. and in the capacity therein stated.
GIVEN'tTkDER MY 14AND SAND SEAL OF OFFICE this the
day of , A. D. 1951.
Notary Public, Nusces County, Texas ?
STATE OF TEXAS k
Cq.vI !Ty OF NUECES 4
BEFORE ME, the undersigned authority. on this day personally
appeared Edwin Singer, President of Pontiac Refining Corp., a Texas cor-
poration, known to me to be the person and officer whose name is sub-
scribed to the foregoing instrument, and acknowledged to me that he'
executed the same for the purposes and consideration therein expressed
and as the act and deed of said Pontiac Refining Corp., and in the capacity
therein stated.
G VLN UNDER MY BAND AND SEAL OF OFFICE this the
day of , A. D. 1951.
Notary Public, Nueces County. Texas