Loading...
HomeMy WebLinkAbout03535 ORD - 08/19/1953AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CON- TRACT WITH SUNTIDE REFINING COMPANY PROVIDING FOR PAY- MENT FOR WATER AT THE RATE OF EIGHT CENTS(80) PER ONE THOUSAND (1,000) GALLONS DELIVERED TO COLUMBIA- SOUTHERN CHEMICAL CORPORATION AND OTHER CONSUMERS; PROVIDING FOR PAYMENT WITHIN TEN (10) DAYS AFTER THE CLOSE OF EACH CALENDAR MONTH; PROVIDING FOR A TERMINATION OF SUCH CON- TRACT AT THE OPTION OF THE CITY OF CORPUS CHRISTI, TEXAS; PROVIDING THAT SAID CONTRACT SHALL NOT LAST LONGER THAN FIVE (5) YEARS; INCORPORATING SUCH CONTRACT IN THIS ORDI- NANCE; AND DECLARING AN EMERGENCY. WHEREAS, THE CITY OF CORPUS CHRISTI AND SUNTIDE REFINING COMPANY HAVE REACHED AN AGREEMENT CONCERNING THE DELIVERY OF WATER THROUGH THE PIPE LINE OF SUNTIDE REFINING COMPANY DELIVERED TO COLUMBIA - SOUTHERN CHEMICAL COR- PORATION AND /OR ANY AND ALL OTHER CONSUMERS AUTHORIZED TO TAKE DELIVERY FROM THE SUPPLY OF THE CITY THROUGH SAID PIPE LINE OWNED AND OPERATED BY THE SUNTIDE REFINING COMPANY; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI BE, AND HE IS HEREBY AUTHORIZED AND DIRECTED TO MAKE AND ENTER INTO A CONTRACT BETWEEN SAID CITY OF CORPUS CHRISTI AND THE SAID SUNTIDE REFINING COMPANY IN FORM AND SUBSTANCE AS FOLLOWS: a5_55 THE STATE OF TEXAS COUNTY OF NUECES WHEREAS, THERE IS,IN EXISTENCE BETWEEN THE CITY OF CORPUS CHRISTI AND C&UMBIA- SOUTHERN CHEMICAL CORPORATION (FORIMERLY NAMED SOUTHERN •.L Kf.LI CORPORATION) FOR THE FURNISHING OF RAW WATER TO SAID CONSUMER FOR THE USE OF SAID CONSUMER IN ITS MANUFACTURING PROCESS; AND WKREAS, SAID RAWWATER IS L'EING TRANSPORTED FROM THE PUMPING STATION AT CALALLEN, TEXAS, TO THE DELIVERY POINT OF THE COL.UNTPIA- ,SOUTHERN CHENICAL CO -R- PORA710H IN A CERTAIN SIXTEEN INCH 116 ") PIPE LINE NOW OWNED BY SUNTIDE REFINING C01iPANYj AND WHEREAS, THE SAID SUNTIDE REFINING COMPANY IS TRANSPORTING SAID WATER AT A CHARGE OF EIGHT CENTS (80) PER ONE THOUSAND (1,000) GALLONS, WHICH CHARGE IS MADE TO THE CONSUMER IN ADDITION TO THE WATER CHARGED TO 'f HE ri f'? OF CORPUS CHRISTI; AND WHEREAS, IT IS TO THE CONVERIENCf: OF THE CITY OF CORPUS CHRISTI, THE OWNER OF SAID PIPE LINE, SUNTIDE REFINING COMPANY, AND THE CONSUMER COLUMBIA - SOUTHERN CHEHIP_AL CORPORATION, TO ADOPT THE PRACTICE OF A STATEMENT AEI GIG R£NpERED TO THE CONSUMER FOR THE COST OF WATER AND TRANSPORTATION CHARGES AND A PAYMENT OF THE TRANSPORTATION CHARGES BY THE CITY TO THE'SUNTIDE REFINING COMPANY: NOW, THEREFORE KNOW ALL MEN $Y THESE PRESENTS, THAT FROM AND AFTER THE DATE aF THE EXECUTION OF THIS CONTRACT DY TI4E CITY OF CORPUS CHRISTI, ACTING SY AND THROUGH ITS DULY AUTHORIZED CITY MANAGER, AND SUNTIDE REFINING COMPANY, A DELAWARE CORPORATION, HAYING A PERMIT TO 40 BUSINESS IN TEXAS, ACTING By AND THROUGH ITS PRESIDENT, IT IS AGREED THAT THERE SHALL BE CHARGED TO THE CITY DF CORPUS CHRISTI AND "rH£ CITY OF CORPUS CHRISTI WILL PAY THE SAID SUNTIDE REFINING COMPANY THE SUM OF EIGHT CENT'S (80) PER ONE THOUSAND (1,000) GALLONS DF WATER TRANSPORTED. AND DELIVERED TO COLUMBIA - SOUTHERN CHEw11C AL CORPORATION AND/OR ANY AND ALL OTHER CONSUMERS AUTHORIZED TO TAKE DELIVERY FROM THE SUPPLY OF THE CIT: THROUGH SAID PIPE LINE OWNED AND OPERATED BY THE SUNTIDE REFIwINO COMPANY, PAY- PENT TO BE MADE MONTHLY WITHIN TEN (10) DAYS AFTER THE CLOSE Or' EACH CAL "NDAR MONTH FOR THE PRECEDING CALENDAR 14ONTH UPON STATEMENT BEING FURNISHED BY THE SURTIDE REFINING COMPANY. Il IS FURTHER AGREED aY THE PARTIi.S THAT NO OTHER ADDITIONAL CHARGE SHALL BE TRADE TO THE 'SAID CONSUMER, OR C,QNSUMER$ OF WATER FURNISHED THROUGH SAID PIPE LINE AND THAT CHARGE WILL 3E ONLY FOR THE WATER DELIVERED TO SAID CON- SUMER IN ACCORDANCE WITH THE C,OWTRACT OR LONTRACT$ NOW EXISTIN6p OR WHICH MAY HEREAFTER BE MADE WITH SUCH CONSUMER OR CONSUMERS, THE VOt_UME OF WATER 50 DE- LIVERED TO HE MEASURED IN THE HANKER PROVIDED IN SUCH CONTRACT OR CONTRA,'-TS. IT IS EXPRESSLY Au REEO AND STIPULATED THAT TH_ CITE OF' - -ORPUS CHRISTI MAY TERMINATE THIS CONTRACT AT ITS OPTION AT ANY TIME AND FOR ANY Rk =ASDN WHATSO- EVER WITHOUT Oi1LIGATIOA TO PAY ANY AMOUNT FOR DAMAGES TO SLI43TIDE REFINING COMPANY. AND IT IS FURTF.R EXPRESSLY UNDERSTOOD THAT THIS CONTRACT IN NO EVENT SHALL LAST LQMCCR THAN FIVE ()) YEARS FROM Ti115 DATE. WITNESS OUR HANDS THIS DAY or AUGUST) 19 3. THE CITY OF CORPUS CHRISTI TEXAS ATTEST: BY RUSSELL E. MCCLURE, CITY MANAGER T. RAY KRING, CITY SECRETARY APPROVED AS TO LEGAL FORM: CITY ZTTORNEY ATTEST- SECRETARY SUNTIDE REFINING COMP &,NY FY .. PRESIDENT -2- SECTION 2. THE FACT THAT THE DELIVERY OF WATER TO COLUMBIA - SOUTHERN CHEMICAL CORPORATION ANDAR ANY AND ALL OTHER CONSUMERS AUTHORIZED TO TAKE DELIVERY FROM THE SUPPLY OF THE CITY THROUGH THE PIPE LINE OWNED AND OPERATED BY THE SUNTIDE REFINING COMPANY IS VITAL TO THEIR OPERATIONS AND TO THE WELFARE OF THE CITY OF CORPUS CHRISTI 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 EXISTS 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 PASSAGES IT IS ACCORDINGLY PASSED AND APPROVED THIS THE DAY OF AUGUSTS 1953. MAYOR THE CIT�OF CORPUS CHRISTI, TEXAS ATTEST: (/ CITY ECRET Y APPROVED AS TO LEGAL FO : OT CITY ATTORNEY V' ' s 1�v f r CORPUS CHRISTI, TEXAS 1953 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN: FOR THE REASONS SET FORTH IN 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 IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT 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 US CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: A. A. LICHTENSTEIN ELLROY KING P. C. CALLAWAY JAMES A. NAISMITH }� J W. JAMES BRACE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: A. A. LICHTENSTEIN ELLROY KING P. C: CALLAWAY JAMES A. NA15MITH 6 `/ W. JAMES BRACE / 3G35