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Home My WebLink About03540 ORD - 08/26/1953AN ORDINANCE REPEALING IN ITS ENTIRETY ORDINANCE NO. 3535, PASSED AMID APPROVED ON THE 19TH DAY OF AUGUST, 1953, OF RECORD IN VOLUME 21 AT PAGE 244 OF THE ORDINANCE AND RESOLUTION RE- CORDS; AUTHORIZING AMID 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 PAYMENT FOR WATER AT THE RATE OF EIGHT CENTS (8¢) PER ONE THOU- SAND (1,000) GALLONS DELIVERED TO COLUMBIA- SOUTHERN CHE- MICAL. CORPORATION AND OTHER CONSUMERS; PROVIDING FOR PAY- MENT WITHIN TEN (10) DAYS AFTER THE CLOSE OF EACH CALENDAR MONTH; PROVIDING FOR TERMINATION OF SUCH CONTRACT AT THE OPTION OF EITHER THE CITY OF CORPUS CHRISTI, TEXAS, OR SUNTIDE REFINING COMPANY; PROVIDING THAT SAID CONTRACT SHALL NOT LAST LONGER THAN FIVE (5) YEARS; INCORPORATING SUCH CONTRACT IN THIS ORDINANCE; AND DECLARING AN EMER- GENCY. 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 owner 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: THE STATE OF TEXAS 4 COUNTY OF NUECES WHEREAS, THERE IS IN EXISTENCE BETWEEN THE CITY OF CORPUS CHRISTI AND COLUMBIA-SOUTMERN CHEMICAL CORPORATION {FORMERLY NAMED SOUTHERN ALKALI CORPORATION) FOR THE FURNISHING OF RAW WATER TO SAID :CONSUMER FOR THE USE OF SAID CONSUMER IN ITS MANUFACTURING PROCESS; AND WHEREAS, SAID RAW WATER IS BEING TRANSPORTED FROM THE PUMPING STATION AT CALALIEN, TEXAS, TO THE DELIVERY POINT OF THE COLUMBIA- SOUTHERN CHEMICAL CORPORATION IN A CERTAIN SIXTEEN INCH (16 ") PIPE LINE NOW OWNED BY SUNTIDE REFINING COMPANY; AND WHEREAS, THE SA40 SUNTIDE REFINING COMPANY 1$ TRANSPORTING SAID WATER AT A CHARGE OF EIGHT CENTS (80) PER ONE THOUSAND (7,000) GALLONS, WHICH CHARGE IS MADE TO THE CONSUMER IN ADDITIOti To THE WATER CHARGED TO THE CITY OF CORPUS CHRISTI; AND WHEREAS, IT IS TO THE CONVENIENCE OF THE CITY OF CORPUS CHRISTI, THE OWNER OF SAID PIPE LINE, SUNTIDE REFINING COMPANY, AND THE CONSUMER COLUMBIA - SOUTHERN CHEMICAL CORPORATION, TO ADOPT THE PRACTICE OF A STATEMENT BEING RENDERED TO THE CONSUMER FOR T14E COST OF WATER AND TRANSPORTATION CHARGES AND A PAYMENT OF THE -TRANSPORTATION CHARGES BY THE CITY TO THE SUNTIDE REFINING COMPANY1 NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, THAT FROM AND AFTER THE DATE OF THE EXECUTION OF THIS CONTRACT BY THE CITY Or CORPUS CHRIST!, ACTING BY AND THROUGH ITS DULY AUTHORIZED CITY MANAGER, AND SUNTIDE REFINING COMPANY, A DELAWARE CORPORATION, HAVING A PERMIT 70 DO BUSINESS IN TEXAS, ACTING BY AND THROUGH ITS PRESIDENT' IT IS AGREED THAT THERE SMALL BE CHARGED TO THE CITY OF CORPUS CHRISTI AND THE CITY OF CORPUS CHRISTI WILL PAY THE SAID SUNTIDE REFINING COMPANY THE SUN OF EIGHT CENTS (80) PER ONE THOUSAND (7,000) GALLONS OF WATER TRANSPORTED AND DELIVERED TO COLUMBIA - SOUTHERN CHEMICAL CORPORATION AND /OR ANY AND ALL OTHER CONSUMERS AUTHORIZED TO TAKE DEL'VERY FROM THE SUPPLY OF THE CITY THROUGH SAID PIPE LINE OWNED AND OPERATED BY THE SUNTIDE REFINING COMPANY, PAY- MENT" TO BE MADE MONTHLY WITHIN TEN (10) DAYS AFTER THE CLOSE OF EACH CALENDAR MONTH FOR THE PRECEDING CALENDAR MONTH UPON STATEMENT BEING FURNISHED BY THE SUNTIDE REFINING COMPANY. IT IS FURTHER AGREED BY THE PARTIES THAT NO OTHER ADDITIONAL CHARGE SHALL BE MADE TO THE SAID CONSUMER, OR CONSUMERS OF WATER FURNISHED THROUGH SAID PIPE LIME AND THAT CHARGE WILL BE ONLY FOR THE WATER DELIVERED TO SAID CONSUMER IN ACCORDANCE WITH THE CONTRACT OR CONTRACTS NOW EXISTING, OR WHICH MAY HEREAFTER BE MADE WITH SUCH CONSUMER OR CONSUMERS, THE VOLUME Of WATER SO DELIVERED TO BE MEASURED IN THE MANNER PROVIDED IN SUCH CONTRACT OR.CONTRACTS. IT IS EXPRESSLY AGREED AND STIPULATED T -NAT EITHER THE CITY OF CORPUS CHRISTI OR SUNTIDE REFINING COMPANY MAY TERMINAI "E THIS CONTRACT AT THE OPTION OF E: THER, AT ANY TIME AND FOR ANY REASON WHAISOEVER WITHOUT OBLIGATION TO PAY ANY AMOUNT TO THE OTHER FOR DAMAGES FOR SUCH TERMINATION. IT IS FURTHER EXPRESSLY UNDERSTOOD THAT THIS CONTRACT IN NO EVENT SHALL LAST LONGER THAN FIVE (5) YEARS FROM THIS DATE. WITNESS OUR HANDS THIS DAY OF AUGUST, 1953• THE CITY OF CORPUS CHRISTI, TEXAS BY ATTEST: RUSSELL E. MCCLURE, CITY MANAGER T. RAY PORING, CITY SECRETARY APPROVED AS TO LEGAL FORM: CITY ATTORNEY ATTEST: SECRETARY -2- SUNTIDE REFINING COMPANY BY PRESIDENT SECTION 2: Ordinance No. 3535, dated August 19, 1953, appearing of record in Volume 21, Page 2441 of the Ordinance and Resolution Records, is hereby expressly repealed in its entirety. SECTION 3: The fact that the delivery of water to Columbia— Southern Chemical Corporation and /or 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 pub- lic necessity requiring 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 I � day of August, 1953. MAYOR _ ATTEST= THE CITY OF CORPUS CHRIST , TEXAS City Secret rye APPROVED AS TO LEGAL FORM: rak City Attorney V �N� FAX i CORPUS CHRISTI, TEXAS TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN; 1953 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 15 INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY' ��. MAYOR CITY OF CORPUS CHRISTI, TEXA THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: A. A. LICHTENSTEIN rl \I ELI-Roy KING P. C. CALLAWAY { JAMES A. NAISMITH r W. JAMES BRACE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWINGIVOTE. LICHTENSTEIN A. A. i - ELLROY KING P. C. CALLAWAY JAMES A. NAISMITH �l , i W. JAMES BRACE Jaz U 354c