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Home My WebLink About03419 ORD - 02/03/1953AN ORDINANCE�L /� AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CONTRACT WITH SUNTIDE COMPANY,AMENDING A CONTRACT DATED OCTOBER 30, 1951, AND SUPPLEMENTED NOVEMBER 27, 1951 PERMITTING THE USE OF AN EXISTING PUMPING STATION AND OTHER FACILITIES, TOGETHER WITH AN EXISTING PIPE LINE, ALL FORMERLY OWNED BY COLUMBIA- SOUTHERN CHEMICAL CORPORATION, IN LIEU OF THE CONSTRUCTION OF A NEW PUMP STATION AND FACILITIES, AND IN LIEU OF A NEW PIPE LINE; PERMITTING THE FURNISHING OF RAW WATER TO S I NCLA I R f+fE- H-NE- E@MPANli` AN9 PRAIRIE OIL COMPANY AND COLUMBIAN CARBON COMPANY FROM SAID EXISTING PIPE LINE; RELEASING THE CITY FROM ITS OBLIGATION TO FURNISH A NEW PUMP STATION SITE; AND CONTINUING THE CONTRACT OF OCTOBER 30, 1951, AS SUPPLEMENTED, IN EFFECT. WHEREAS, ON OCTOBER 30, 1951, THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION, ENTERED INTO A WRITTEN CONTRACT WITH SUNRAY OIL CORPORATION, A DELAWARE CORPORATION HAVING A PER- MIT TO DO BUSINESS IN TEXAS, FOR THE SALE BY SAID CITY OF UNTREATED WATER DRAWN UP FROM THE NUECES RIVER NEAR SAID CITY'S RESERVOIR NEAR CALALLEN, TEXAS, WHICH CONTRACT WAS LATER SUPPLEMENTED BY WRITTEN AGREEMENT DATED NOVEMBER 27, 1J51, BOTH ORIGINAL CONTRACT AND SUPPLEMENT BEING HEREINAFTER REFERRED TO AS "THE WATER CONTRACT", AND WHEREAS, SUNTIDE REFINING COMPANY, A DELAWARE CORPORATION HAVING A PERMIT TO DO BUSINESS IN TEXAS, HAS BY WRITTEN AGREEMENT WITH SAID CITY, SUCCEEDED TO ALL THE RIGHTS, INTERESTS, AND OBLIGA- TIONS OF SUNRAY OIL CORPORATION IN THE WATER CONTRACT; AND WHEREAS, THE WATER CONTRACT CONTEMPLATES THAT SUNTIDE AS SUCCESSOR IN INTEREST TO SUNRAY WILL ERECT A PIPELINE FROM THE POINT OF TAKING SAID WATER ON THE NUECES RIVER TO THE REFINERY NOW BEING ERECTED BY SUNTIDE NORTH OF CORPUS CHRISTI, AND BY SAID CONTRACT IS GRANTED PERMISSION TO ERECT UPON THE LAND OF THE CITY ADJACENT TO -1- SAID CONTEMPLATED POINT OF TAKING A PUMP STATION AND OTHER FACILI- TIES NECESSARY TO WITHDRAW SAID WATERS AND WHEREAS, IN LIEU OF THE CONSTRUCTION OF SAID WATER LINE AND PUMP STATION FACILITIES, SUNTIDE HAS ENTERED INTO NEGOTIATIONS WITH COLUMBIA - SOUTHERN CHEMICAL CORPORATION, A DELAWARE CORPORATION WITH A PERMIT TO DO BUSINESS IN TEXAS (FORMERLY PRIOR TO AMENDMENT OF ITS CORPORATE NAME, SOUTHERN ALKALI CORPORATION), FOR THE ACQUISITION OF A CERTAIN 16° CAST IRON PIPELINE COMMENCING AT A POINT ON SAID NUECES RIVER NEAR CALALLEN RUNNING TO THE PROPERTY OF COLUMBIA- SOUTHERN NORTH OF CORPUS CHRISTI, TOGETHER WITH THE PRESENT PUMP STATION AND OTHER FACILITIES FOR THE TAKING OF WATER FROM SAID RIVER THROUGH SAID LINE, WHICH LINE AND FACILITIES WERE CONSTRUCTED UNDER THE TERMS OF A WRITTEN CONTRACT DATED SEPTEMBER 20, 1933, BETWEEN THE CITY OF CORPUS CFIRIS71 AND SOUTHERN ALKALI CORPORATION; AND WHEREAS, THE CITY OF CORPUS CHRISTI DESIRES TO EVIDENCE ITS ACCEPTANCE OF SAID COLUMBIA - SOUTHERN LINE AND PUMPING FACILITIES IN SUBSTITUTION IN THE WATER CONTRACT FOR THE LINE AND FACILITIES THEREIN CONTEMPLATED AND SUNTIDE DESIRES TO RELEASE THE CITY FROM ITS OBLIGATION UNDER THE WATER CONTRACT TO FURNISH A PUMP SITE ADDITIONAL TO SAID COLUMBIA- SOUTHERN PUMP STATION AND FACILITIES. 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 15 HEREBY AUTHORIZED AND DIRECTED TO EXECUTE FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI A CONTRACT BY AND BETWEEN THE CITY OF CORPUS CHRISTI AND SUNTIDE REFINING COMPANY, A DELAWARE CORPORATION HAVING A PERMIT TO DO BUSINESS IN TEXAS, SUPPLEMENTING THE EXISTING CONTRACT BE- TWEEN THE CITY OF CORPUS CHRISTI AND SAID SUNTIDE REFINING COMPANY DATED OCTOBER 30, 1951, AS HERETOFORE SUPPLEMENTED, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF SAID AGREEMENT A COPY WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. -2- PASSED AND APPROVED, THIS THE jj,JLDAY OF 1;:53. I MAYOR THE CITY OF CORPUS CHRISTI, TEXAS ATTEST: CITY SECRETARY APPRUV D AS TO LEGAL FORM: CITYIATTORNE- THE STATE OF TEXAS COUNTY OF NUECES WHEREAS, on October 30, 1951, the City of Corpus Christi, Texas, a municipal corporation, entered into a written contract with Sunray Oil Corporation, a Delaware corporation having a permit to do business in Texas, for the sale by said city of untreated water drawn up from the Nueces River near said city's reservoir near Calallen, Texas, whicI4 contract was later supplemented by written agreement dated November 27, 1951, both original contract and supplement being hereinafter referred to as "the water contract "; and WHEREAS, Suntide Refining Company, a Delaware corporation having a permit to do business in Texas, has by written agreement with said city, succeeded to all the rights, interests, and obligations of Sunray Cif Corporation in the water contract; and WHEREAS, the water contract contemplates that Suntide as successor in .interest to Sunray will erect a pipeline from the point of taking said water on the Nueces River to the refinery now being erected by Suntide north of Corpus Christi, and by said contract is granted permission to erect upon the land of the city adjacent to said contem- plated point of taking a pump station and other facilities necessary to withdraw said water; and WHEREAS, in lieu of the cobstruction of said water line and pump station facilities, Suntide has entered into negotiations with Columbia - Southern Chemical Cor }oration, a 8elaware corporation with a permit to do business in Texas (formerly prior to amendment of its corporate name, Southern Alkali Corporation), for the acquisition of a certain 16* cast iron pipeline commencing at a point on said Nueces River near Calallen running to the property of Columbia - Southern north of Corpus Christi, together with the present pump station and other facilities for the taking of water from said river through said line, which line and facilities were constructed under the terms of a written contract dated September 20, 1933, between the City of Corpus Christi and Southern Alkali Corporation; and WHEREAS, the City of Corpus Christi desires to evidence its acceptance of said Columbia- Sgpthern line and pumping facilities in SUBSTiTUTION IN THE WATER CONTRACT FOR THE i..IUE AND FACILITIES THEREIN CONTEMPLATED AND SUNTIDE DESIRES TO AEi,EASF THE CITY FROM ITS SOL14ATION UNDER THE WATER CONTRAtt TO FURNISH A PUMP SITE ADOIT;ONAt. TO SAID COLUKRIA-SOUTHCRN PUMP STATION AND FACItt- TIES. Wwl 1AREFORE, PREMISES CONSIDERED IS MUTUALLY AGREE3 SY AND BETWEEN THE CITY OF' CORPUS CHRI311, TrXA3, AND SfiNTlat RcrwmG COMPANY THAT 1KC WATER CQN- TRACT MCREtWPDRE DESCRISE3 SHAI r. z!C t4GQJFIEU TO THE EXTENT or kCCtF`TIm,�, UPON ITS ACQUISITION SY SUMTIDt, THE COLLJMAIA- SOUITKERIJ 16 " PIPELINEp PU14P STATION, AND OTHER �APTIIG F;,CILJ'riZS !it -ILU OF THE (ANE, P;iMP STATION, AND FACi-1TtcS Sf:T OuT IN THE WATER CONT1.11tT. IT IS F'URTHCR MIJTUALk.'.' M RC-CO THAT Al,;, OF THE OTH04 TZRMS OF THE WATER CONTRACT SMAt1. REMhIN IN FUV'- fORCC AND EFFECT INCLUDING THE RIGHT TO REJ40VE 5,QD IV i-ANL, PUW STATION, AND i,-FTING FAC)L-ITILS AS SET FORTH IN SAID SUPPLE- KLNTAi, CCMTnACT OF- Nuv-b- E'7, i9i I I IT 13 FUZTHZR MUTUAL" Y UNDO "RSTOV,' ND AGtIN.-ED THAT C0[,,UjA13IA-FOUTF+fRN I*% lei c 011 - HAS BEEN AERCTOrORL FUqNISH04C 1-.;W WATER FROM TO SIW1 ,Akn i'l0e INE COMPANY AND COLUMeJAN ,C:' -ADCM ';:QMPANV AND THP.T SUNTItut MAY CONTINUE TO SO FURNISH ;"AID 114TER TO SAID COMPANlt.S UPON TRE TERMS HOW :N rrp'tT FICTWMEN COtLowiA-SoUTHERN, twFISTI, Af4o THT SAID TW:• WTFR FU4ulSk%'-il TO PR *A ir 0 IL. e'd EACH OF S'"D TWO C014SUMER5, SIN, -LAlR "++4%0%r COMPANY OR COLUMOIAN CAR40w ANY, SMA% , 3C WE 1CREa ';-LPAOIATL; -,' Frzole THF' W -Tv di C!iNSU8Rn:43 :3Y ",NO CHARrEAU;.0 TO SUNTIOL ftrmt*,.'f COMPANY AgO GHAi-o- TAKC4 INTO ACCOU%T IN APi�:,VINC 'Hr RITE J[PPLiCASIJ. TO THE WATER CHARGE Aa"'L E`- TO SUNTIDC REFINING Cor4PA94y. IN WITNESS ACREGIF, THE PARTIES HAVE MERV-TO CAUSED THESE PRESENTS to GE OULY CXECUTCa THIS THE TTES TED: CITY" �:�RErARY ,PPR0V'-L3 S TO LEGrL FOW, -. -TTE5TL)-. CITY I-TTOANCY 'SECRETARY DAY Of p 1953. . Ti*- CITY OF CORPUS CHRISTI, TEE,,, BY W $. COL,trfl, CITY NmatrVfk SLINTIDE REFINING CO?Cr',W PRESIt)tNT SECTION 2. EXCEPT AS AMENDED BY SAID AGREEMENT ATTACHED HERETO SAID CONTRACT OF OCTOBER 30, 1c)51; AS HERETOFORE SUPPLEMENT- ED, SHALL REMAIN IN FULL FORCE AND EFFECT. SECTION 3. THAT THE FOREGOING ORDINANCE WAS READ FOR THE FIRST TIME AND PA55ED TO ITS SECOND READING ON THIS THE DAY OF , 1953, BY THE FOLLOWING VOTE: LESLIE iWASSERMAN FRANK E. WILLIAMSON JACK DEFORREST GEORGE L. LOWMAN Mi KE A. NEEDHAM, JR THAT THE FOREGOING ORDINANCE WAS READ FOR THE SECO/ND TIME AND PASSED TO ITS THIRD READING ON THIS THE DAY OF , 1953, BY THE FOLLOWING VOTE: LESLIE 'IWASSERMAN FRANK E. WILLIAMSON JACK DEFORREST GEORGE L. LOWMAN MIKE A. NEEDHAM, JR THAT THE FOREGOING ORDINANCE WAS READ FOR THE THIRD TIME AND PASSED FINALLY ON THIS THE DAY OF , 1;532 BY THE FOLLOWING VOTE: - LESLIE lWASSERMAN FRANK E. WILLIAM50N JACK DEFORREST GEORGE L. LOWMAN MIKE A. NEEDHAM, JR _5_ 3 `{lq