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Home My WebLink About03349 ORD - 11/11/1952AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY TO EXECUTE AN AGREEMENT SUPPLEMENTARY TO AND IN CLARIFICATION OF THE CONTRACT HERETOFORE EXE- CUTED AND DATED - OCTOBER 30, 1951, AS AMENDED ON NOVEMBER 27, 1951, BY AND BETWEEN THE CITY AND SUNRAY OIL CORPORA- •TION, SUCH SUPPLEMENTAL AGREEMENT INTERPRETTING THE WORD "PERSON" IN RELATION TO ASSIGNMENTS, TO INCLUDE CORPORA- TIONS; CONSENTING AND APPROVING THE ASSIGNMENT OF SAID ORIGINAL CONTRACT TO SUNTIDE REFINING COMPANY; AND DE- CLARING AN EMERGENCY. WHEREAS, THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORA- TION, ON OCTOBER 30, 1951 ENTERED INTO A CERTAIN CONTRACT WITH SUNRAY OIL CORPORATION, A DELAWARE CORPORATION, AND THEREAFTER AMENDED THE SAME ON NOVEMBER 27, 19511 BY A CERTAIN SUPPLEMENT TO AGREEMENT, WHEREBY SAID CITY AGREED TO SELL TO SAID SUNRAY, ITS SUCCESSORS AND ASSIGNS, UNTREAT- ED WATER ACCORDING TO THE TERMS OF SAID CONTRACT; AND WHEREAS, SAID CONTRACT PROVIDES THAT THE RIGHTS OF SUNRAY THERE- UNDER MAY BE ASSIGNED "TO ANY PERSON OPERATING SUNRAYIS NUECES COUNTY PLANT AT ITS LOCATION APPROXIMATELY SIX MILES WEST OF THE CITY OF CORPUS CHRISTI, TEXAS] "AND WHEREAS, ON OCTOBER 91 1952, SAID $UNRAY ASSIGNED SUCH CONTRACT AND ALL ITS RIGHTS THEREUNDER TO SUNTIDE REFINING COMPANY, A DELAWARE CORPORA- TION HAVING PERMIT TO DO BUSINESS IN TEXAS, WHICH REFINING COMPANY IS NOW IN THE BROCESS OF CONSTRUCTING, AND UPON COMPLETION, WILL OWN AND OPERATE SAID PLANT; AND WHEREAS, IT 15 DESIRED BY THE CITY OF CORPUS CHRISTI THROUGH ITS CITY COUNCIL TO ENTER INTO AN AGREEMENT SUPPLEMENTARY TO AND IN CLARIFICA- TION OF SAID CONTRACT TO INTERPRET THE WORD "PERSON" IN RELATION TO ASSIGN- MENTS TO MEAN AND INCLUDE A CORPORATION, IT HAVING BEEN THE INTENT AND PUR- POSE OF SAID WORDING IN SAID ORIGINAL CONTRACT AS AMENDED TO INCLUDE CORPORA- TIONS WITHIN THE MEANING THEREOF; AND WHEREAS, IT IS DESIRED BY SAID CITY THROUGH ITS CITY COUNCIL TO ACKNOW- LEDGE THAT SUCH ASSIGNMENT IS IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THE CONTRACT AOFOREMENTIONED; ' SECTION 1. THAT THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI BE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED FOR AN ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE AN AGREEMENT SUPPLEMENTARY TO AND IN CLARIFICA- TION OF THE CONTRACT HERETOFORE ENTERED INTO BY AND BETWEEN SUNRAY OIL 3319 CORPORATION ON OCTOBER 31, 1951, AS THEREAFTER AMENDED, SO AS TO IN- TERPRET THE WORD "PERSON" APPEARING IN THE CLAUSE THEREOF GOVERNING THE ASSIGNMENT THEREOF AND IN RELATION TO ASSIGNMENTS, WITHIN THE PUR- POSE AND INTENT OF ITS MEANING TO INCLUDE "CORPORATIONS", AND ACKNOWLEDG- ING THE EFFECTIVENESS AND SUFFICIENCY OF SAID ASSIGNMENT OF SAID SUNRAY OIL CORPORATION TO SUNTIDE REFINING COMPANY, DATED OCTOBER 91 1952• SECTION 2. THAT THE ASSIGNMENT OF SAID CONTRACT DATED OCTOBER 31, 1951, AS AMENDED, TO SUNTIDE REFINING COMPANY IS HEREBY CONSENTED TO AND APPROVED, WITH LIKE FORCE AND EFFECT AS IF THE CONTRACT HAD BEEN ENTERED INTO BY AND BETWEEN THE CITY AND SAID SUNTIDE REFINING COMPANY. SECTION 3. THAT THE NECESSITY OF IMMEDIATELY COMPLYING WITH THE INTENT AND PURPOSE OF,THE TERMS AND PROVISIONS OF SAID CONTRACT RELATING TO THE ASSIGNMENT THEREOF, SUCH CONTRACTS WITH SUCH INDUSTRIES BEING TO THE BENEFIT AND BEST INTERESTS OF THE CITY OF CORPUS CHRISTI AND ITS IN- HABITANTS, CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLU- TION 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 NECES- SITY TO EXIST, HAVING REQUESTED 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 Z_4AY OF NOVEMBER, A. D. 1952. MAYOR TT: THE CITY OF CORPUS CHRISTI, TEXAS SECRETARY APPROVED AS LEGAL FORM: CITY ATT RNEY , CORPUS CHRISTI, TEXAS TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN: FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCE OR RESOLUTION, A PUBLIC EMERGENCY AND IMPERATIVE - PUBLIC 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 IN- TRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL. 1, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE'FINAL- LY ON THE DATE IT IS INTRODUCED OR AT THE PRESENT MEETING OF THE CITY COUN- CIL. RESPECTF LY, MA OR ' CITY OF CORPUS CHRISTI THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: LESLIE WASSERMAN JACK DEFORREST SYDNEY E. HERNDON / ^[ GEORGE L. COWMAN FRANK E. WILLIAMSON THE ABOVE ORDINANCE OR RESOLUTION WAS PASSED BY THE-FOLLOWING VOTE: LESLIE WASSERMAN JACK DEFORREST SYDNEY E. HERNDON GEORGE L. LOWMAN FRANK E. WILLIAMSON 35W L THE STATE OF TEXAS COUMTY OF MJECES WHEREAS, THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION, ON OCTOBER 30, 1951 ENTERED INTO A CERTAIN CONTRACT WITH SUNRAY OIL CORPORATION, A DELAWARE CORPORATION, AND THEREAFTER AMENDED THE SAME ON NOVEMBER 27, 1951 BY A CERTAIN SUPPLEMENT TO ABREEMENT ENTERED INTO BY SAID PARTIES, BOTH HEREINAFTER REFERRED TO AS "THE CONTRACT ", WHEREBY SAID CITY AGREED TO SELL TO SAID SUNRAY, ITS SUCCESSORS AND ASSIGNS, UNTREATED WATER ACCORDING TO THE TERMS OF THE CONTRACT; AND WHEREAS, THE CONTRACT PROVIDES THAT THE RIGHTS OF SUNRAY THEREUNDER MAY BE ASSIGNED "TO ANY PERSON OPERATING SUNRAY'S NUECES COUNTY PLANT AT ITS LOCATION APPROXIMATELY SIX MILES WEST OF THE CITY OF CORPUS CHRISTI "; AND WHEREAS, ON OCTOBER 9, 1952,'SAID SUNRAY ASSIGNED THE CONTRACT, AND ALL ITS RIGHTS THEREUNDER, TO SUNTIDE REFINING COMPANY, A DELAWARE CORPORATION HAVING A PERMIT TO DO BUSINESS IN TEXAS, WHICH REFINING J.OMPANY IS NOW IN THE PROCESS OF CONSTRUCTING, AND UPON COM- PLETION, WILL OWN AND OPERATE SAID PLANT, AND SAID CITY DESIRES TO AC- KNOWLEDGE THAT SUCH ASSIGNMENT 18 IN ACCORDANCE WITH TAE TERMS AND PROVISIONS OF THE CONTRACTS NOW,' THEREFORE, PREMISES CONSIDERED, THE CITY of CORPUS CHRISTI AND SUNRAY OIL CORPORATION HEREBY AGREE AS FOLLOWSS 1. THAT IT WAS THE INTENT AND PURPOSE OF THE PARTIES TO THAT CERTAIN CONTRACT BY AND BETWEEN THE CITY AND SUNRAY OIL CORPORA- TION, DATED OCTOBER 30, 1951, AS THEREAFTER AMENDED, THAT THE WORD ° PENSON" IN RELATION TO ASSIGNMENT THEREOF INCLUDE WITHIN ITS MEAN- ING CORPORATIONS, AND SUCH WORD IN RELATION TO ASSIGNMENT THEREOF IS HEREBY INTERPRETED TO INCLUDE CORPORATIONS. 2. THAT THE CITY OF CORPUS CHRISTI BY AND THROUGH ITS DULY AUTHORIZED CITY MANAGER OF THE CITY OF CORPUS CHRISTI, THE CITY COUNCIL Of WHICH CITY HAVING BY ORDINANCE NO. CON- 16 SENTED TO THE ASSIGNMENT Of SAID ORIGINAL CONTRACT BY AND BETWEEN THE CITY AND SAID .SUNRAY OIL CORPORATION TO Sum pE REFINING COMPANY A DELAWARE CORPORATION NAVING A PERMIT TO DO BUSINESS IN TEXAS, AND THAT SAID SUNTIDE REFINING COMPANY 15 THE ASSIGNEE OF AND LEGAL SUBSTITUTE VON SAID SUNRAY OIL CORPORATION, WITH LIKE FORCE AND EffECT AS If THE' CONTRACT MAD BEEN ENTERED INTO BY AND BETWEEN THE CITY AND SAID SUNTIDE REFINING COMPANY. IN WITNESS WHEREOF THE CITY OF CORPUS CHRISTI, TEXAS, HAS CAUSED THESE PRESENTS TO BE DULY EXECUTED ON THIS DAY Of NOVENSER, 1952- ATTEST: THE CITY OF CORPUS CHRISTI, TEXAS BY CITY SECRETARY W. S. COLLIER, CITY MANAGER APPROVED AS TO LEGAL FORK: CITY ATTORNEY SUNRAY OIL CORPORATION BY ATTEST: APPROVED AS TO LEGAL FORM: