HomeMy WebLinkAbout05404 ORD - 06/24/1959.
JKH:6 -22 -59
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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