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HomeMy WebLinkAbout05404 ORD - 06/24/1959. JKH:6 -22 -59 r AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AMENDMENT TO A CONTRACT DATED DECEMR 10, 1946, BETWEEN THE CITY OF CORPUS CHRISTI AND CELANESE CORPORATION OF AMERICA, A COPY OF WHICH AMENDMENT IS ATTACHED HERETO AND MADE A PART HEREOF, SO AS TO PROVIDE FOR THE PRICE OF RAW WATER TAKEN BY SAID CORPORATION TO BE FIVE CENTS (5¢) PER ONE THOUSAND (1,000) GALLONS FOR THE FIRST TEN MILLION (10,000,000) ' GALLONS USED PER MONTH AND AT THE RATE OF FOUR CENTS (40) PER ONE THOUSAND (1,000) GALLONS FOR ALL WATER OVER AND ABOVE TEN MILLION (10,000,000) GALLONS USED PER MONTH; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZ- ED TO EXECUTE AN AMENDMENT TO A CONTRACT DATED DECEMBER 10, 1946, BETWEEN THE CITY OF CORPUS CHRISTI AND CELANESE CORPORATION OF AMERICA, A COPY OF WHICH AMENDMENT I5 ATTACHED HERETO AND MADE A PART HEREOF, SO AS TO PROVIDE FOR THE PRICE OF RAW WATER TAKEN BY SAID CORPORATION TO BE FIVE CENTS (50) PER ONE THOUSAND (1,000) GALLONS FOR THE FIRST TEN MILLION (10,000,000) GALLONS USED PER MONTH AND AT THE RATE OF FOUR CENTS (4¢) PER ONE THOUSAND (1,000) GALLONS FOR ALL WATER OVER AND ABOVE TEN MILLION (10,000,000) GALLONS USED PER MONTH. SECTION 2. THAT THE NECESSITY FOR IMMEDIATELY AMENDING THE CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND CELANESE CORPORATION OF AMERICA DATED DECEMBER 10, 1946, TO REVISE WATER RATES AS ABOVE SET FORTH CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC 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 THAT SUCH EMERGENCY AND NECESSITY EXIST, AND HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED, AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AS HEREINABOVE PROVIDED AND BE IN FULL FORCE AND EFFECT FROM /J AND AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED THIS 5404 CORPUS CHRISTI, TEXAS 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 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; 1, -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 THE CITY OF C CHRISTI IS TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE L. LOZANO, SR. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOW G VOTE °. ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE L. LOZANO, SR. THE STATE OF TEXAS i COUNTY OF NUECES j WHEREAS, the City of Corpus Christi, Texas, a municipal corporation, and - Celanese Corporation of America, a Delaware corporation with a permit to do busi- ness in Texas, under date of December 10, 1946, entered into a contract for the sale and purchase of raw - water, to which contract reference is herewith made for all pur- poses; and WHEREAS, said City of Corpuo Christi and Celanese Corporation of America have agreed to amend said contract as hereinafter provided; NOW, THEREFORE, KNOW ALL MEN BY THEE PRESENTS that the parties hereto, for and in consideration of the premises and mutual covenants and agreements herein contained, have agreed and do hereby agree that said contract shall -be amended effective as of the date hereinafter provided, by substituting the following quoted paragraph for paragraph 1 of said original contract, to -wit: "1. TYPE bF WATER Mfl PRICE: City agrees to sell, sub- ject to a con ons ere na ter set forth, such untreated water not to exceed a maximum daily average of five thou- sand (5,000) gallons per minute, as shall be demanded by Celanese for use by Celanese in the operation of its plant, plants or any additions thereto or affiliated or subsidiary plants af- filiated near the city yfcompaniesTeatstherrate of five cents (5)per or subsidiary per one thousand (1,000) gallons for the first ten mil- lion (10,000 000) gallons used per month and at the rate of four cents (40) per one thousand (1,000) gallons for all water over and above ten milliont((10,0�8000) gallons used dng per month and delivered by the period covered by this contract. The water delivered hereunder shall be untreated water taken-directly from the Nuecee River and delivered to Celanese at the place herein- after designated." Said amendment shall be effective retroactively from and after July 1, 1958, and as so amended, said contract - stia11 continue in full force and effect in accordance with the terms and provisions thereof. - Di- WITNESS WHEREOF this instrument is executed -this day of • 1959. - ATTNST SYa City Serretari Approved as to regulation forma. - crrY or CORPUS CREDIT', TE=AS City Attorney ATTEST:. Secretary City Manager CSLANESE CORPORATION Ole ANIMA EX: - 2 - Vice resident To CITY COUNCIL INTER - OFFICE COMMUNICATION Dept LEGAL From 1. M. SINGER. CITY ATTORNEY Date JUNE 24, 1959 Subject IN RE: ORDINANCE AND AGREEMENT ESTABLISHING NEW PRICE FOR SUPPLY OF RAW WATER TO CPI ANF5P CORPORATION THE AGREEMENT APPEARS TO BE TO THE BENEFIT OF THE CITY FROM AN ECONOMICAL VIEWPOINT, AND UNTIL SOME NEW PRICE SCHEDULE FOR WATER IS ESTABLISHED, THE PRICE FIXED 1S THE SAME AS THE PRESENT ESTABLISHED RATE SCHEDULE AND, IN MY OPINIONS COLLECTABLE WHETHER OR NOT THE AMENDMENT IS MADE. BUT, SINCE THERE ISM IN MY OPINION, NO POWER IN THE CITY COUNCIL TO AGREE ON A PRICE FOR WATER WHICH WILL NOT BE SUBJECT TO CHANGE UNDER THE EXERCISE OF THE RATE - MAKING POWER OF THE COUNCIL, THE ATTENTION OF THE COUNCIL IS CALLED TO THE FACT THAT THIS AGREEMENT DOES NOT RESERVE THE RIGHT TO EXERCISE SUCH RATE - MAKING POWER AND TO THAT EXTENT 1S NOT COMPLETE AND MIGHT BE MISLEADING. THIS WRITTEN OBJECTION TO THE EXTENT TO WHICH THE ORDINANCE INCLUDES THE AGREEMENT WILL ALSO APPLY TO THE ORDINANCE. RESPECTFULLY SUBMITTED, I. M. SINGE CITY ATTORNEY 1MS:JKH • ORDINANCE NO. PASSED AND APPROVED THIS DAY OF ,1959. RECORDED IN VOL. PAGE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AMENDMENT TO A CONTRACT DATED DECEMBER 10, 1946, BETWEEN THE CITY OF CORPUS CHRISTI AND CELANESE CORPORATION OF AMERICA, A COPY OF WHICH AMENDMENT IS ATTACHED HERETO AND MADE A PART HEREOF, SO AS TO PROVIDE FOR THE PRICE OF RAW WATER TAKEN BY §AID CORPORATION TO BE FIVE CENTS (5¢) PER ONE THOUSAND (1,000) GALLONS FOR THE FIRST TEN MILLION (10,000,000) GALLONGS USED PER MONTH AND AT THE RATE OF FOUR CENTS (4¢) PER ONE THOUSAND (1,000) GALLONS FOR ALL WATER OVER AND ETC. CITY OF CORPUS CHRISTI, TEXAS LEGAL DEPARTMENT