HomeMy WebLinkAbout03530 ORD - 08/05/1953AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE
FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS,
A BILL OF SALE TO HOUSTON NATURAL GAS CORPORATION TO 11,300
FEET TEN INCH GAS MAIN PIPE, EXTENDING ON AND ALONG SHELL
ROAD WESTWARD FROM THE INTERSECTION OF SHELL ROAD WITH A
POINT NEAR NAVIGATION BOULEVARD, FOR AND IN CONSIDERATION
OF THE DELIVERY TO THE CITY AT CORPUS CHRISTI, TEXAS, OF
11,300 LINEAL FELT OF NEW STEEL GAS PIPE, COATED AND WRAPPED
ACCORDING TO SPECIFICATIONS PROVIDED BY THE CITY GAS DIVISION,
FOR THE USE OF THE GAS DIVISION OF THE DEPARTMENT OF PUBLIC
UTILITIES OF THE CITY OF CORPUS CHRISTI, TEXAS; SUCH BILL OF
SALE BEING LIMITED BY ITS OWN TERMS AS TO THE USE OF SUCH
PROPERTIES BEING CONVEYED AND AS TO CONSUMERS TO BE SERVED;
CONTAINING A FORFEITURE CLAUSE; ALL AS SET OUT IN THE BILL
OF SALE AND LETTER OF GRANTEE ATTACHED HERETO AND MADE A
PART HEREOF; AND DECLARING AN EMERGENCY.
WHEREAS, A CERTAIN GAS MAIN ON SHELL ROAD IS NO LONGER NEEDED BY
THE CITY AS A PART OF ITS GAS SYSTEM, AND HOUSTON NATURAL GAS CORPORATION IS
DESIROUS OF OBTAINING SAID GAS MAIN PIPE ON SUCH TERMS AS AGREED UPON; AND
WHEREAS, HOUSTON NATURAL GAS CORPORATION HAS OFFERED TO DELIVER TO
THE CITY OF CORPUS CHRISTI, TEXAS, 11,300 FEET OF TEN INCH STEEL PIPE, IN NEW
CONDITION, COATED AND WRAPPED ACCORDING TO SPECIFICATIONS PROVIDED BY THE C17Y
GAS DIVISION, IN CONSIDERATION FOR THE TRANSFER TO THE HOUSTON NATURAL GAS COR-
PORATION OF THE FIRST MENTIONED GAS MAIN PIPE; AND
WHEREAS, IT HAS BEEN AGREED BY THE CITY AND HOUSTON NATURAL GAS COR-
PORATION THAT THE MARKET VALUE OF THE GAS MAIN BELONGING TO THE CITY IS NO GREATER
VALUE THAN THE EQUAL QUANTITY OF PIPE OFFERED BY HOUSTON NATURAL GAS CORPORATION
TO BE DELIVERED FOB CORPUS CHRISTI, TEXAS:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. THAT THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI BE,
AND HE IS HEREBY, AUTHORIZED AND DIRECTED FOR AND ON BEHALF OF THE CITY OF CORPUS
CHRISTI, TEXAS, TO EXECUTE A BILL OF SALE TO HOUSTON NATURAL GAS CORPORATION TO
11,300 FEET OF TEN INCHGAS MAIN PIPE EXTENDING ON AND ALONG SHELL ROAD WESTWARD
FROM THE INTERSECTION OF SHELL ROAD AT A POINT NEAR NAVIGATION BOULEVARD, FOR
AND IN CONSIDERATION OF THE DELIVERY TO THE CITY AT CORPUS CHRISTI, TEXAS, OF
11,300 LINEAL FEET OF NEW STEEL PIPE, COATED AND WRAPPED ACCORDING TO SPECIFICATIONS
PROVIDED BY THE CITY GAS DIVISION, FOR THE USE OF THE GAS DIVISION OF THE DEPARTMENT
OF PUBLIC UTILITIES OF THE CITY OF CORPUS CHRISTI, TEXAS, ALL AS MORE PARTICULARLY
DESCRIBED AND SET FORTH IN SAID BILL OF SALE AND THE COPY OF THE LETTER OF GRANTEE
THEREIN, A COPY OF WHICH OF EACH IS ATTACHED HERETO AND MADE A PART HEREOF, READING
AS FOLLOWS;
3 530
BILL OF S11%LE
THE STJE OF TEXAS KN()W "ILL MEN BY THESE PRESENTS: THAT
C"TY OF' 14UECES
VMERE,�.S, A CERTAIN TEN INCH GAS =iAiA 5XTFHDING rRom DUNN STATION ON
UP RIVER ROAD ON AND ALONG SHELL ROAD (Up RIVER ROAD), EXTENDING APPROXII&AlEi-1
ll;�3W FEET To A POINT NEAR THE INTERSt--TiO'N, of NAvIQATION BOIJJ-CIJARD iS NO LONGER
NEEDED aY THE CITY nf° Cojeft4 CHRISTY AS A PART 0:" ITS GAS SYSTFM AND �HE USE 0
SUCH ?,Alk FOR OAS TRANSMISSION PURPOSES HAS ALREADY SEEN ArANDONED DUE TO THE FACT
THAT THT GAS 'PURCHASE CONTRACT HZRZ101'ORZ CNTERED INTO AND t:XISTiNG &ETWEEN FIE
CITY OF CORPUS CHRIST! AND REPoai-ic NATURAL G S COmPANY EXPIRED AUGUST
AND THERC 15 NO LONGER ANY NECESSITY FOR THE CIT OF CORPUS CHRISTI TO OPERATE
AND MAINTAIN A SUPPLY 'AAIN BETWEEN SAID POINTS. FROM AND AFTER "UGUST 4, 19521
IT HAS BECOME THE OBLiGATION OF HOUSTON NATURAL GAS CORPORATION TO FURNISH A
SuppL; To THE CITY O+ CORFIUS CHRISTI, AND THE "ousToN NATURA" fAS COR�TORATJOH
15 DESIROUS OF OSTAINIW� SAID ?&tN WITH ASSOCIATED ITTINGS,AkD CONNECTIONS LESS
METERS AND RF0ULATG*SOX SUCH TERMS AS WAY BE AGREED UPON; AND
WHEREAS, IT HAS SEEN AGREED aY THE CITY Or CORPUS CHRISTI AND HOUSTON
NATURAL. G S CORPORATION THAT THE AP%ET VALUE On SAID MAIN Is or NO GREATER VALUE
THAN AM EQUAL GUANTItY OF PIPE,, NEW AND DELIvrivED FOB CORPUS Ctaisiip T-XAS, AND
WWREA,S, THE HOUSTON 'NATURAL GAS CORPORATION HAS OFFERED TO DELIVER
TO THE CIT', Oi-- C,,AtPUS CKRtS7I AT THE WARE440VSE YARD OF THE SAID HoUSTZ)N NATURAL
GAS CORPORATION, CORPUS CHRISTI, TEXAS, 11,300 FEET O? TEN INCH STEEL PIPE IN
NEW COODITtOftj COATED AND WRA"ED ACCORDING TO SPECIFICATIONS PROVIDED 3Y THE
CIT,' GAS DIVISION; AND
WKKi4S, THE CITY OF CORPUS CHRISTI HAS ACCEPTED THE OFFER OF SAID
HOUSTON NATURAL GAS CORPORATI1014, AND HAS AGREED TO TRANSFER SAID GAS MA114 IN
PLACE TO SAID HOUSTON NATURAL GAS CORPORATiON FOR AND IN CONSIDERATION Or THE
DELIVERY TO THE CITY OF CORPUS CHRISTI O� 11,300 LIMEAL FE-T OF TEft INCH STEEL
GAS MAIN, PIPE III NEW CONDITION, COATED AND WRAPPED ACCORDING TO SPECIFICATIONS
PRO',;IOCO ft' TAZ CIT' GAS DiviSION;
Novo THEREFORE, IN COMPLIANCE Wt TN THE AFORESAIDt THE CITY OF CORPUS
CmRis-rt, TEXAS, ACTING 6r AND THROUGH ITS DULY AUTHORIZED CITY MANAGER, DULY
AUTHORIZED BY OIZO14ANCE TO EXECUTE THIS BILL OF SALE, FOR AND IN CONSIDERATION
OF THE PREMISES AND THE SAID DELIVERY TO THE CITY OF CORPUS CHRISTI, TEXAS,
Of SAID ELEVEN THOUSAND THREE HUNDRED (11,30y.�.) FEET 10,75" OD PLAIN -END STEEL
Pi PE. .307 WALL THICKNESS, WEIGHT 34.24 POUNDS PER FOOT, NEW STEEL GAS MAIN
PIPE, COATED WRAPPED ACCORDING TD SPECIFICATIONS PROVIDED BY THE CITY Gas
DIVISION, I CORPUS CHRISTI, TEXAS, THE RECEIPT OF WHICH IS HERES ACKNOWLEDGED,
HAS GRANTED, rWASAINED, SOLD D CONVEYED, AND BY THESE PRESENTS DOES GRANT,
5,,RGAM, SELL i14D CONVEY UNTO THE HOUSTOn NATURAL GAS CORPORATION THc FOLL,DWi NG
PROF-ERTY, TO -Wit:
ALL THAT CERTAIN 10-75" OD GAS MAIN PIPE- WiTi± ASSOCIATED
fiTTINYRS AND CONNECTIONS, LESS METERS AND REGULATORS: CXTENDIN;3
ON AND ALONG SHELL ROAD (SOAETIMLS KNOWN AS UP RI'L*ER ROAD)
A DISTANCE Of 11,300 FEET, EXTENDING WESTWARD FROM THE INTERSECTIOr
OF SHELL ROAD AHD A POINT NEAR NAVIGATION BOULEVARD, ALL IN
NUECES COUNTY, TXAS;
TO WkVE ,NO TO HOLD THE ABOVE beSCRIBED PROPERTIES; TOGEYHEK WITH ALL
AND 'SINGULAR THE RIGHTS AMD APPURTENANCES THERETO IN AM- VISE SELOIIGI46 UNTO THE
SAID HOUSTON NATURAL GAS CORPORATION, ITS SUCCESSORS AND ASSIGNS, FOREVER.
IN WITNESS WHEREOF, TUC CITY OF 'WORTUS CHRI$Ti, TEXAS, HAS EXECUTED
THIS INSTRUMENT, THIS THE J DAY Or AUGUST, A. D. 1953.
THE CITY OF CORPUS CHRISTI, TEXAS
8Y
RUSSELL E. H< LURE CITY MANAGER
ATTEST:
iTr SFcRrTARY
APPRDVED 4 M LEGAL FORM
iTY ,ATTORNEY
THE STATE OF TEXIES
COtiNTY OF NUECES
BEFORE NE, THE UNDERSIGNED AUTHORi TY, ON THIS DAY PERSONALLY APPEARED
RUSSELL E. NcCLURE, CITY MANAGER OF THE CITY OF CORPUS CHRISTI, A MUNICIPAL COR-
PORATION, rROWU TO ME. TO BE THE, PERSON AND 01 -FICLR WHOSE MAHE is SUBSCRIBED TO
THE FOREGOING INSTRUMENT, AND ACKNOWLEUGCD TO HE THAT THE SAME IS THE ACT AND
DECD OF SAID CITY AND THAT HE EXECUTED THE SAME AS THE ACT AND DEED OF SAID
CITY FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED, AND IN THE CAPACITY
TMEREIN STATED.
1M.
GIVE# UNDER W HAND .AM SEAL or OFFICE, THIS Yoe DAY OF .,UGUST,
NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS
.2-
SECTION 2. THE NECESSITY FOR SECURING NEW PIPE FOR INSTALLATION AS
A PART OF THE GAS DISTRIBUTION SYSTEM OF THE CITY OF CORPUS CHRISTI AS PROMPTLY
AS POSSIBLE CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY RE-
QUIRING THE SUSPENSION OF THE 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 �J Cl•+D'AY
OF AUGUST, 1953•
MAYOR
THE CI 0 �CORPCHRI I, TEXAS
ATTES„y:
CITY SECRETARY
APPROVED AS fQ LEGAL FORM:
zE--
CITY ATT RNEY
C 0 P Y
HOUSTON NATURAL GAS CORPORATION
A TEXAS GULF COAST SERVICE INSTITUTION
PETROLEUM BUILDING .. HOU $ETON .. TELEPHONE CAPITOL 23551
PLEASE ADDRESS
REPLY TO
P. 0. Box 7278
CORPUS CHRISTI, TEXAS
AUGUST 5, 1953
MR. RUSSELL E. MCCLURE, CITY MANAGER
CITY OF CORPUS CHRISTI
302 SHORELINE DRIVE
CORPUS CHRISTI, TEXAS
RE: EXCHANGE OF COATED AND WRAPPED NEW
PIPE FOR CITY'S 10 -3/4" TRANSMISSION
PIPE LINE ALONG SHELL ROAD (UP -RIVER
ROAD)
DEAR MR. MCCLURE:
THIS LETTER 15 TO ADVISE YOU THAT HOUSTON NATURAL GAS CORPORATION HAS
AGREED, SUBJECT TO PASSAGE OF COVERING CITY ORDINANCE THEREON, TO DELIVER TO
THE CITY OF CORPUS CHRISTI AN EQUAL FOOTAGE OF 10 -3/4" G.D. PIPE, THE SAME TO
BE COATED AND WRAPPED �N ACCORDANCE WITH THE CITY OF CORPUS CHRISTI'S USUAL
SPECIFICATIONS, AS AN EXCHANGE FOR THE CITY OF CORPUS CHRISTI'S DELIVERY OF
TITLE AND POSSESSION TO HOUSTON NATURAL GAS CORPORATION OF THE EXISTING 10 -3/4"
O.D. GAS MAIN PIPE LINE, TOGETHER WITH ITS ASSOCIATED FITTINGS AND CONNECTIONS,
EXCEPTING? HOWEVER, METERS AND REGULATORS, SUCH MAIN PIPE LINE EXTENDING AND
EXISTING ON AND ALONG SHELL ROAD (UP -RIVER ROAD) A DISTANCE OF 11,300 FEET, AND
EXTENDING WESTERLY FROM THE INTERSECTION OF SHELL ROAD AND A POINT NEAR NAVIGA-
TION BOULEVARD, ALL IN NUECES COUNTYi, TEXAS.
THIS LETTER IS TO FURTHER ADVISE YOU THAT UPON SUCH DELIVERY OF TITLE
BY THE CITY, THEN HOUSTON NATURAL SHALL IMMEDIATELY MOVE TO CONNECT THE SHELL
ROAD PIPE LINE TO HOUSTON NATURAL'S SYSTEM AND, UPON COMPLETION OF SUCH CONNEC-
TION, SHALL THEN PROVIDE GAS SERVICE�'0 THE EXISTING 37 CUSTOMERS ON SUCH SHELL
ROAD PIPE LINE, AND THE CITY SHALL Try EREUPON BE RELIEVED FROM FURNISHING GAS
SERVICE TO SUCH CUSTOMERS.
YOURS VERY TRULY,
Jos. F. WOLFF /S/
Jos. F. WOLFF, EXECUTIVE ASSISTANT
JFW /MJM
CORPUS CHRISTI, TEXAS
1953
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
GENTLEMEN:
FOR THE REASONS SET FORTH tN THE EMERGENCY CLAUSE OF
THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY
EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO
ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT 15
INTRODUCED, AND THAT SUCH ORDINANCE 1,1REQUIREMENT RESOLUTION SHALL BE READ AT
THREE MEETINGS OF THE CITY COUNCIL; THEREFORE, HEREBY REQUEST
THAT YOU SUSPEND SAID CHARTER RULE AND PASS THIS
ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT
MEETING OF THE CITY COUNCIL.
RESPECTFULLY,
MAYOR �
CITY OF C U C RI TI, TEXAS
THE CHARTER RULE WAS SUSPENDED
BY THE
FOLLOWING VOTE:
A. A. L{ICHTENSTEIN
,t-)
ELLROY KING
P. C. CALLAWAY
z
JAMES A. NAISMITH
.x/
/\
W. JAMES BRACE
THE ABOVE ORDINANCE WAS PASSED BY THE
FOLLOWING VOTE:
A. A. LICHTENSTEIN
ELLROY KING
P. C. CALLAWAY
JAMES A. NAISMITH %>
W. JAMES BRACE
3�s�a