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
/
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