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Home My WebLink About06264 ORD - 08/30/1961AN ORDINANCE AN ORDINANCE RIGHT OF WAY DESCRIBED IN THIS ORDINANCE, AND TO USE AS MUCH OF THE RIGHT OF WAY OF SAID STREETS AS IS NECESSARY THERETO; PROVIDED THAT THE SAME SHALL BE IN SUCH MANNER AND IN SUCH PLACES AS NOT TO INTER- FERE WITH THE USE OF SAID STREETS BY THE CITY OR INHABITANTS THEREOF; WHICH FRANCHISE SHALL BE ASSIGNABLE BY THE GRANTEE; PROVID- ING FOR FORFEITURE OF THE FRANCHISE IN CASE OF FAILURE ON THE PART OF GRANTEE TO OB- SERVE THE TERMS AND RESTRICTIONS OF THIS ORDINANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: That Southwestern.Oi1 & Refining Company, a Texas corporation with its principal office and place of business in Corpus Christi, Texas, its successors and assigns, be and it is hereby granted the right in the City of Corpus Christi to lay, construct, operate, maintain, repair and remove one 2 7/8" pipe line for the transportation of natural gas within the City of Corpus Christi, Texas, along and upon a route within said City having the follow- ing center line, to -wit: BEGINNING at a point in the City Limits of Corpus Christi which is approximately 2150 feet south of a corner of the City Limits in the ship channel, said corner being the old northwest corner of the original City Limits; THENCE S 57° 16' E a distance of 675 feet to an angle point on west edge of a concrete flume 32 feet wide: THENCE S 65 °t 171 E a distance of 45 feet cross the centerline of Nueces Bay Boulevard at a point 12.1 feet northeast of the centerline intersection of said Boulevard and West Broadway.- �6i ` , i I Street; and continue same bearing parallel with West Broadway, at a distance of 573 feet pass centerline intersection of Floral Street and West Broadway, continue same bearing, at a distance of 979 feet pass centerline inter- section of Palm Drive and West Broadway and continue same bearing a total distance of 1033 feet to an angle point; THENCE S 71 301 E parallel with West Broadway a distance of 329 feet to an angle point; THENCE S 57° 10' E parallel with West Broadway at a distance of 7 feet cross center- line of a shell road and continue same bearing at a distance of 168 feet pass centerline inter- section of Van Loan Avenue and West Broadway and continue same bearing, at a distance of 488 feet pass centerline intersection of Stillman Avenue and West Broadway and continue same bearing, at a distance of 809 feet pass the centerline inter- section of Peabody Avenue and West Broadway and continue same bearing, at a distance of 1208 feet cross centerline of Kennedy Avenue and con- tinue same bearing a total distance of 1231 feet to an angle point THENCE S 32 33' W parallel to and 23 feet southeast of the centerline of Kennedy Avenue tinue same bearing, at a distance of 114 feet con- cross centerline of Hatch Street, and continue same bearing a total distance of 369.5 feet to an angle point; THENCE S 30 23' E a distance of 37.5 feet to an angle point being 15 feet northeast of centerline of Summers Street; THENCE S 570 25' E along northeast side of Summers Street, at a distance of 316 feet cross Lexington Avenue and continue same bearing, at a distance of 685.9 feet cross centerline Port Avenue 12 feet northeast of centerline inter- section of Port Avenue and Summers Street and continue same bearing, at a distance of 953 feet cross centerline of S. A. U.& G.Railroad, and continue same bearing, at a distance of 984 feet cross railroad spur and continue same bearing, a total distance of 1004 feet an angle point; THENCE S 70 111 E at a distance of 14.5 feet cross fenced northwest line of General American Tank Storage and Terminal Company and continue same bearing for a total distance of 21 feet to an angle point; THENCE S 30° 49' W a distance of 14 feet to a header gate for the termination point; under the following terms and restrictions, to -wit: FIRST': The term of this grant shall be for five (5) years from this date. SECOND: Grantee shall have the right to utilize as much of the right of way of said Nueces Bay Boulevard, -2- West Broadway Street, Floral Street, Palm Drive, Van Loan Avenue, Stillman Avenue, Peabody Avenue, Kennedy Avenue, Hatch Street, Summers Street and Lexington Avenue as is necessary to lay, construct, operate,'maintain, repair and remove said pipe line, but it shall be placed, laid and constructed in such manner along the centerline of the route hereinabove described that it will not in- terfere with the use of any of said streets by said City or its -inhabitants or the right of any other holder of a franchise or right to use such streets; and the lay- ing, construction, maintenance, operation, repair and removal of said pipe line, as well as the fixtures and attaohments upon the same shall at all times'be subject to the control of the City Council of the City of Corpus Christi in order to protect the rights and convenience of third parties and the public generally within such city. THIRD: The full control and management of such streets is expressly reserved to said City of Corpus Christi, Texas. All rights granted hereby shall be subordinate to all uses by the City and shall upon ,notice by the City be made to conform to such other uses as the City may make of such streets or public rights - -of -way for public uses. A map or plat of the exact location of the pipe,i.n the streets shall be filed in the office of the City Director of Public Works upon commencement of installation showing the -size and location of valves and the depth of all installa- tions. FOURTH: This franchise shall not become effective until a fee of $150 shall be paid to the City -3- and a written acceptance of this franchise delivered to the City Secretary. FIFTH: Grantee shall comply with city ordi- nances including safety measures concerning natural gas pipe lines, and all regulations as are in effect by the terms.of any state law or city ordinance or as may be hereafter adopted. SIXTH: Grantee will pay to grantor, its successors and assigns, any and all damages of any kind whatever resulting from, growing out of, or -inol- dent to the construction, laying, maintenance, opera- tion, repair, removal, changing the size of or replace- ment of said pipe line under, upon, over and through the above described land. 'SEVMH: Grantee shall conduct all of its operations in the use of this franchise in a careful manner and will indemnify the City from any and all damages resulting from its operations or negligent con- duct. EIGHTH: All rights to use and occupy said right -of -way for the purposes aforesaid, or any other rights hereunder, shall cease and terminate if said pipe line shall be unused for one year or if grantee shall at any time abandon the use of same for the pur- pose granted herein. NINTH: This Granchise, as well as the rights herein, may be assigned by the grantee herein, - as well as by all succeeding grantees at their option, or the rights of such grantee or successors herein may be transferred under foreclosure proceedings or by judicial sale, or may be transferred from one holder to a third party by the operation of a forfeiture clause ME of any agreement between such persons, in which case the assignee shall succeed to all of the rights, duties and liabilities of the grantee hereunder. TENTH: A failure upon the part of the grantee herein, its successors or assigns, to observe the term and restrictions of this ordinance, shall, as continued or persisted in after due notice in writ- ing and due opportunity to observe this ordinance or to remedy any non - observance thereof, be grounds for the forfeiture and termination of all rights under this grant. ELEVENTH: That the foregoing ordinance was read for the first time pffA passed to its second reading on this_j;�Lday of , 1961, by the following vote: Ben F. McDonald (zu Tom R. Swantner� CA..ttQ Dr. James L. Barn J. R. de Leon W. J. Roberts Jim Young M. P. Maldonado That the foregoing ordinance was read for the second time and passed to its third reading on this i the day of 1961, by the following vote: Ben F. McDonald C Tom R. Swantner �r. James L. Barn J. R. de Leon C61 P W. J. Roberts Jim Young M. P. Maldonado That the foregoing ordinance was read for the tY d time and passed finally on this the d A day of 1961, by the following vote: Ben F. McDonald G-C s Tom R. Swantner Dr. James L. Barnard J. R. de Leon W. J. Roberts � Jim Young M. P. Maldonaldo THE CITY OF CORPUS CHRISTI$ TEXAS A7 i y e r7T0 ry APPRO LEGAL FO fgp 6/ C y or ney r %WER 609 PHONE TU 4.E SOUTHWESTERN OIL & REFINING COMPANY CORPUS CHRISTI,TEXAS September 12, 1961 City Secretary City of Corpus Christi a City Hall Corpus Christi, Texas Dear Sir: J Reference is made to Ordinance No. 6264 enacted by the City of Corpus Christi on August 30, 1961, granting to Southwestern Oil & Refining Company a franchise covering one 2 7/8" pipe line for the trans- portation of natural gas within the City of Corpus Christi. This letter is written to evidence the formal acceptance by Southwestern Oil & Refining Company of the terms and provisions of such ordinance and its agreement to be bound thereby. Enclosed you will find this company's check payable to the City of Corpus Christi in the amount of $150.00, which represents the fee provided in Section Fourth of said ordi- nance. HR S:fm Encl. Yours very truly, SOUTHWESTERN OIL & REFINING COMPANY Y Vl H.R. ager Treasurer �1-31 su' .,ul REC CRY Secreiary MANNER AND I CH PLAC¢S AS NOT TO I R° WITH ., �E` THE USE OF TS BY y PUBLISHER'S AFFIDA`''LI THEREOF A61;rNT,_ - SHALL FRANCHI U _TI' ^� iGNABLE 00gg • " FOR FOH._� rI'R P00VIDINg r --. FRANCHISE IN CASE OF FAIL- STATE OF TEXAS, - XAS, N. URE ON THE PART OF RA 188 TEE TO OBSERVE THE TERMS County of Nueces. JI AND RESTRICTIONS OF THIS Before me, the undersigned, a Notary Public, this day personally came ............... . 4 Leland G� -_Bax3 6.4. .- •.......•--- .-- _--- ----- - ---- who being first duly sworn, according to law, says that he is the ....----- ....-- . 9la g. glf .iad.ddYartiaing.- MgIIgiggr.. -. of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of --- . . --- - e -.. rape iae to ley sons rua - -a p pe ne -- -- of which the annexed is a true copy, was published in -- .- •. . ............. .. Tom.. -TIM-0.4 ...... — - -------- - _ • — on the- _?%. -. day of - - -- ..-- ...... .............19..61, and MWUM . - — time a.._..thereafter i€i$ ... - .............. ------- ,ll@t�aq- 4lttt -•1{- -end September 1,1961 _ � ... _ ........ _.._.••Times. $ -... 128.74..... - -. . _ C s e ver•isin -pager Subscribed and sworn to before me this ...- .7............ day of...... Z?tembe / ..... 18- .61._... Louise Vlok .......... - 1Votary Public. Nueces County_ ogthe;i4 R9 Tom J. R Bernard BeDmrd rev the rouo..��ro Aye Hen F. McDonald TOm R SWO ^mx A° J R. de Lea^ m Young Or Y'" L• Bernard Ay pye W. J. RObefrS M. P. Maltlgnalda aM1 BOn F. MADpRId Ttl I LT TB- RP COUi ATTEST: T. RT K Ggv '"D N. 70 B3A6 O FORMt Ap RDE Y AS I. M. Singer L7ty AtMrngt