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HomeMy WebLinkAbout06718 ORD - 12/07/1962AN ORDINANCE .' ORDERING AN EIECTION TO BE HELD ON THE 29TH DAY OF DECEMBER, 1962, AT WHICH ELECTION THERE SHALL BE SUBMITTED TO THE - QUALIFIED VOTERS OF THE CITY OF CORPUS CHRISTI THE QUESTION OF WHETHER OR NOT THE CITY COUNCIL SHALL BE AUTHORIZED TO ENACT AN ORDINANCE q b GRANTING A FRANCHISE FOR A TERM OF TWENTY - SEVEN (27) YEARS TO SOUTHERN COMMUNITY GAS COMPANY TO CONSTRUCT AND OPERATE GAS PIPES AND MAINS IN, ON, UNDER AND ALONG THE STREETS, AVENUES, ALLEYS AND PUBLIC PLACES OF THE CITY OF,'' CORPUS CHRISTI -, AS FULLY DESCRIBED IN SAID ORDINANCE; FIXING GENERALLY THE RIGHTS OF THE PARTIES UNDER SUCH FRANCHISE, CON- ' CERNING THE TWO SEPARATE AREAS IN THE CENTRAL AND SOUTH s AREAS OF THE CITY FULLY DESCRIBED IN SAID FRANCHISE ORDINANCE,' WHICH PROPOSED ORDINANCE GRANTING THE SAME IS MADE A PART ' -HEREOF; AND ORDERING AN ELECTION TO BE HELD ON THE 29TH DAY OF DECEMBER, 1962, AT WHICH ELECTION THERE SHALL BE SUBMITTED TO THE QUALIFIED _ - VOTERS OF THE CITY OF CORPUS CHRISTI THE R . TO ENACT AN ORDINANCE GRANTING AIFRANHNSEL FOR AAL TERM AOFHTWENTYY- - (27) YEARS Y Y .SEVEN TO SOUTHERN COMMUNITY GAS COMPANY TO CON- -STRUCT AND OPERATE GAS , PIPES AND MAINS IN, ON, UNDER AND ALONG THE STREETS, AVENUES, ALLEYS AND PUBLIC PLACES OF THE CITY "'• ,. OF, CORPUS CHRISTI AS FULLY DESCRIBED IN SAID ORDINANCE; FIXING'-.' GENERALLY THE RIGHTS OF THE PARTIES UNDER SUCH FRANCHISE, CON- - CERNING THE NORTHWEST AREA OF THE CITY FULLY DESCRIBED IN SAID FRANCHISE ORDINANCE, WHICH PROPOSED ORDINANCE IS MADE A PART OF THIS ORDINANCE J ; DESIGNATING THE PLACES FOR HOLDING SUCH 1 ELECTION; NAMING THE OFFICERS THEREFOR; PROVIDING FOR THE SUBMISSION OF THE FRANCHISE ORDINANCE FIRST"MENTIONED IN THIS CAPTION TO BE VOTED ON AS PROPOSITION "A" AND FRANCHISE PROVIDING FOR ORDINANCE CONCERNING THE NORTHWESTERN AREA OF'THE ' CITY TO BE VOTED ON AS PROPOSITION "B" AT SAID ELECTION; ANp' ` ENACTING PROVISIONS INCIDENT AND RELATING TO THE HOLDING OF , SUCH ELECTION AND THE RETURNS THEREOF; AND EMERGENCY, ' DECLARING AN WHEREAS, REQUEST HAS °BEEN MADE OF THE CITY OAF CORPUS CHRISTI By - $OUrHERN'COMMUNITY GAS "COMPANY FOR THE CITY COUNCIL TO CALL AN ELECTION AND - SUBMIT TO THE QUALIFIED VOTERS OF THE CITY OF CORPUS CHRIS71•THE QUESTION �OF WHETHER SOUTHERN COMMUNITY GAS COMPANY - a ' SHOULD BE GRANTED A 27—YEAR FRAN— ;'•" --. CHISE; AND - - • * ,- -, ,,,, ,, WHEREAS, THE CITY COUNCIL DEEMS IT MORE•AD ANTAGEOUS M �, ., TO THE CITY•• - TO~9UBMIT THE MATTER OF SUCH FRANCHISE AS `PROPOSITIONS r0 AT SAIOf E�L'ECTION i` '• AND TO CONSIDER ry THE GRANTING OF - ;z .. „ - EITHER OR -BOTH -' - - - OF SAID FRANCHISES AS THE VOTERS MAYRAUTHORIZE AND AS THE CITY COUNCIL MAY THEN DETERMINE; AND' • -: WHEREAS, SOUTHERN COMMUNITY GAS COMPANY HAS AGREED TO BEAR THE ` " EXPENSE OF SUCH ELECTIONS s ' 6718 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS- SECTION I. THAT AN ELECTION SHALL BE HELD IN THE CITY OF CORPUS CHRISTI ON THE 29TH DAY OF' DECEMBER, 1962, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY OF CORPUS CHRISTI THE QUESTION OF WHETHER OR NOT THE CITY COUNCI L SHOULD BE AUTHORIZED TO ENACT AN ORDINANCE GRANTING TO SOUTHERN COMMUNITY GAS COMPANY A FRANCHISE FOR A TERM •OF TWENTY —SEVEN (Q7,` ^ YEARS WHICH FRANCHISE ORDINANCE, INCLUDING THE CAPTION THEREOF AND APPROPRIATE BLANKS FOR THE INSERTION OF T r - '{ - HE DATES OF ITS PASSAGE - E OF SEVERAL READINGS BY ' THE CITY, COUNCI -L,�IS MADE A PART HEREOF AND READS AS FOLLOWS, TO—WI To ,i- 27 -62'.. .% AN ,PRD I NANCE { AN ORDINANCE GRANTING TO SOUTHERN COMMUNITY GAS COMPANY—THE RIGHT, PRI •VILEGE AND FRANCHISE TO CONSTRUCT AND OPERATE GAS PIPES AND MAINS ' ALONG-THE,STREETS, AVENUES, ALLEYS AND PUBLIC PLACES OF THE CITY OF-CORPUS CHRISTI FOR DISTRI- BUTION•AND SALE' OF NATURAL GAS; PRESCRIBING THE TERMS, CONDITIONS, OBLIGATIONS AND LIMITATIONS ' UPON AND UNDER WHICH SUCH RIGHT, PRIVILEGE AND FRANCHISE SHALL BE EXERCISED; AND PROVIDING FOR PUBLICATION OF THIS ORDINANCE AS PROVIDED BY THE CHARTER. „ BE IT ORDAINED BY -THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXASs`' 1• - - SECTION 1.- THERE IS HEREBY GRANTED TO .SOUTHERNr COMMUNITY r „ '(t °u GAS 'COMPANY, HEREIN CALLED GRANTEE, °SITS SUCCESSORS ANDYASSIGNSy•SU@- r - JECT TO T a - • _ - ,. HE TERMS AND CONDITIONS HEREOF, THE RIGHT, PRIVILEGE AND FRANCHISE TO CONSTRUCT, EXTEND, OPERATE AND MAI NTAI N,. FROM TIME TO TIME AND CON- . - TINUOUSLY DURING THE TERM HEREOF,'A PLANT AND PIPEAGE SYSTEM- INCLUDING ALL LINES, CONNECTIONS AND OTHER EQUIPMENT NECESSARY AND INCIDENT THERETO, FOR THE DISTRIBUTION AND SALE OF NATURAL GAS TO THE PEOPLE RESIDING IN AND THE INDUSTR IA L, COMMERCIAL, EDUCATIONAL AND OTHER INSTITUTIONS LOCATED IN - THE PORTION OR PORTIONS OF THE CITY OF CORPUS CHRISTI4 AS DESIGNATED AND ' -- DESCRIBED IN SECTION 2 HEREOF AT SUCH RATES"AS. THE CITY COUNCIL OF THE . CITY 'UF CORPUS CHRISTI SHALL MAKE, FROM TIME TO TIME,•AND -FOR THE TRANSPOR- TATION AND SALE BY GRANTEE OF NATURAL GAS IN, INTO AND THROUGH THE PORTION ' OR PORTIONS OF THE CITY OF CORPUS ^CHRISTI DESIGNATED AND DESCRIBED IN SECTION 2 H•EREOF, . UPON, BENEATH,`OVER AND ACROSS THE STREETS, AVENUES, '< - ^THOROUGHFARES, PUBLIC UTILITY EASEMENTS, BRIDGES, ST REAMS, °ALLEYS, PARKS, , LANES AND SQUARES OF SAID CITY LOCATED IN THE TERRITORY DESIGNATED AND _ DESCRIBED IN SECTION 2 HEREOF, SECTION 2, •`THE TERRITORY COVERED BY THIS FRANCHISE- 'HEREIN ' 1 CALLED "FRANCHISE AREA °, IS DESCRIBED AS FOLLOWS,•TO -WI Tg, r, , < x CENTRAL AREA_ BEGINNING AT THE INTERSECTION OF THE NOR AND A LINE TH BOUNDARY LINE OF MCAR DLE ROAD ' ',- ONE (1) FOOT NORTHWEST ROAD; OF THE SOUTHEAST BOUNDARY LINE OF WEBER - - - THENCE SOUTHWEST WITH A LINE PARALLEL - TO• 'I AND FOOT NORTHWEST OP -THE . SOUTHEAST BOUNDARY LINE OF WEBER � ROAD TO A POINT WHERE SAID LINE INTER — " SECTS WITH THE NORTH BOUNDARY LINE OF SARATOGA ROAD; - F THENCE IN A NORTHWESTERLY DIRECTIONS ALONG ` LINE OF E AND WITH TH�NORTHEAST BOUNDARY SARATOGA ROAD, CONTINUING UPON ST A STRAIGHT LINE ACROSS ALL ROAD INTERSECTIONS, TO A POINT WHERE SAID LINE INTERSECTS WITH ' OF-OLD BROWNSVILLE _ THE CENTER LINE ROAD ALSO KNOWN AS F. M. ROAD 665)p �- _ -IN A NORTHWESTERLY DIRECTION HTHEENORTHEASTNG CONTINU IN A STRAIGHT LINE AS THOUGH BOUNDARY LINE OF SARATOGA ROAD WERE EXTENDED FOR A DISTANCE OF 1320 FEET " FROM THE INTERSECTION OF THE NORTHEAST BOUNDARY LINE OF SARATOGA ROAD • THE CENTER LINE OF OLD BROWNSVILLE ROAD WITH ; - ' .,.THENCE IN A NORTHEASTERLY DIRECTION ALONG AyLINE PARALLEL "TO FEET NORTHWEST FROM r AND THE CENTER LINE OF OLD BROWNSV 1320 AS F. M. ROAD 665) 70 ILLE ROAD (ALSO KNOWN A POINT AT WHICH SUCH LINE INTERSECTS THE CENTER '-' "• LINE OF KOSAR ROAD (ALSO KNOWN AS COUNTY ROAD N0, 34); - ., .THENCE IN AN EASTERLY DIRECTION ALONG THE CENTER (ALSO • LINE OF KOSAR ROAD KNOWN AS COUNTY ROAD NO, 34) _ TO A POINT WHERE SUCH CENTER LINE • INTERSECTS THE NORTHWESTERN BOUNDARY ,t - KNOWN AS Fe M -� LINE OF OLD BROWNSVILLE • ROAD 665); - ROAD ALSO THENCE IN A SOUTHWESTERLY DIRECTION ALONG THE NORTHWESTERN BOUNDARY - - - OF OLD BROWNSVILLE ROAD (ALSO Y KNOWN AS F. M. ROAD 665) Tp q POINT WHERE/ SUCH BOUNDARY LINE WOULD INTERSECT WITH ` OF THE NORTH OR NORTHEASTERN BOUNDARY - _ LINE OF HORNE ROAD IF SAID LATTER BOUNDARY LONE WESTERLY _ WERE EXTENDED IN A NORTH— DIRECTION ACROSS OLD BROWNSVILLE ROAD;-,- • " _._ THENCE EASTERLY ACROSS OLD BROWNSVILLE ROAD ' 70 A'POINT WHERE THE NORTH OR NORTHEAST BOUNDARY LINE OF HORNE ROAD INTERSECTS THE SOUTHEAST _ BOUNDARY LINE OF OLD BROWNSVILLE ROAD, THENCE ✓� AND EASTERLY ALONG THE NORTH NORTHWESTERLY BOUNDARY OF HORNE ROAD (ALSO EAST _ 4 BEING THE SOUTH, SOUTH —,- AND SOUTHWEST BOUNDARY LINE OF OLD CLIFF MAUS AIRPORT TO THE SOUTHEAST PROPERTY) BOUNDARY LINE OF GREENWOOD DRIVE;' i - • -" ' - THENCE ACROSS HORNE ROAD IN A SOUTHWESTER - UTHEAST ALONG THE SO LY DIRECTION TO AND THENCE 4 ' BOUNDARY LINE OF GREENWOOD DRIVE TO 17S INTERSECTION ;. WITH THE NORTHEAST BOUNDARY LINE OF , SECTION, BOHEMIAN COLONY LANDS; THENCE IN AN^EASTERLY DIRECTION ALONG THE NORTHEASTERLY BOUNDARY - OF SAID SECTION 4, BOHEMIAN LINE COLONY LANDS TO THE NORTHWESTERLY BOUNDARY LINE OF AYERS STREET; ' s - - THENCE NORTHEASTERLY ALONG AND WITH THE NORTHWESTERLY . AYERS STREET BOUNDARY LINE OF TO A POINT WHERE SAID BOUNDARY LINE WOULD INTERSECT WITH - . A LINE WHICH WOULD BE THE NORTHEASTCRN'•BOUNDARY LINE OF - IF SAID NORTHEASTERN MCARDLE ROAD' _ BOUNDARY NORTHWESTERLY] LINE OF MC'AADLE ROAD WERE - EXTENDED , THENCE SOUTHEASTERLY ALONG THE ROAD TO THE PLACE OF BEGINNING. NORTNE4ST BOUNDARY LINE OF MCARDLE '4 ' - 1 SOUTH AREA BEGINNING AT THE SOUTHEAST CORNER OF THE U. S. NAVAL AIR STATION, ..PROPERTY, CORPUS CHRISTI, NUECES COUNTY, TEXAS, SAID' POINT BEING ON THE WEST SHORELINE OF LAGUNA MADRE; - - - THENCE IN A SOUTHWESTERLY DIRECTION ALONG THE WEST s LAGUNA MADRE; WHICH GENERALLY FOLLOWS A SOUTHERLY DIRECTION To - ,A POINT WHERE IT INTERSECTS THE FILL AREA OF THE PADRE ISLAND CAUSEWAY; ." .. a . THENCE CONTINUING ALONG THE NORTH LINE OF THE FILL'ARE . HUMBLE CHANNEL; ; - - _ A TO THE - THENCE SOUTHWARDLY ALONG THE WEST BANK OF THE HUMBLE CHANNEL TO`, - THE SOUTH LINE OF THE FILL AREA; THENCE IN A WESTERLY DIRECTION ALONG THE SOUTH LIME'0' THE FILL V .- AREA TO THE WEST SHORELINE OF LAGUNA MADRE; - - - THENCE INpA SOUTHERLY DIRECTION WITH THE WEST SHORELINE OF LAGUNA''__ _ , MADRE TO THE SOUTH BOUNDARY LINE OF SECTION 52 OF THE FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, - THENCE IN A WESTERLY DIRECTION WITH THE SOUTH BOUNDARY LINE OF SECTIONS 52y 5'I AND 38 TO ITS INTERSECTION WITH THE EAST SHORELINE+ OF CAYO DEL OSO; ` THENCE IN A NORTHERLY DIRECTION WITH THE MEANDERS OF,THE EASY SHORE- ^ LINE OF CAYO DEL OSO TO ITS INTERSECTION WITH A 61NE WHICH MOULD.BE THE NORTHEAST BOUNDARY LINE OF $ARATOGA ROAD IF SAID NORTHEAST BOUNDARY ^ _ LINE WERE EXTENDED SOUTHEASTERLY,° _ - THENCE IN A NORTHWESTERLY DIRECTION ALONG IA LINE WHICH WOULD BE THE ~^ NORTHEAST 80UNDARY'LINE OF SARAT' ROAD IF SUCH NORTHEAST BOUNDARY _ LINE WERE EXTENDED,�SOUTHEASTERLY CROSSING CAYO DEL`OSO AND CONTINUING IN A NORTHWESTERLY DIRECTI ON'ALDNG�THE NORTHEAST•90UNDARY LINE OF• SARA TOGAROADy'CONTINUING UPON'p STRAIGHT LINE ACROSS ALL ROAD I�NcTER SECTIONS, TO THE INTERSECTION OF THE NORTHEAST BOUNDARY LINE OF JARATOGA ROAD WITH THE NORTHWEST BOUNDARY LINE OF SOUTH STAPLES STREET SOMETIMES :' • KNOWN AS DUMP ROAD); - -, - THENCE IN A NORTHEASTERLY DIRECTION ALONG THE NORTHWEST BOUNDARY LINE OF SOUTH STAPLES STREET 70 THE SOUTH BOUNDARY LINE OF LEXINGTON'BOULEVARD,' AND THENCE, CONTINUING UPON A STRAIGHT LINE AS THOUGH THE NORTHWEST BOUNDARY' LINE OF SOUTH STAPLES STREET CONTINUED IN gg7RAIGH7 NORTHEASTERLY DI RECTION,•t LINE A POINT WHERE SUCH LATTER LINE WOULD INTERSECT THE NORTHEAST BOUNDARY . LINE OF MCARDLE ROAD, - -j - THENCE IN A SOUTHEASTERLY DIRECTION ALONG NORTHEAST,BOUNDARY LINE OFi MCARDLE ROAD TD THE NORTHWEST BOUNDARY LINE OF WO ODLAWN DRIVE THENCE IN R IVE NORTHEASTERLY WOODLAWN DR DIRECTION ALONG THE NORTHWEST'BOUNDARY LINE OF - , - TO THE SOUTHWEST BOUNDARY LINE OF LOT 13, SECTION '17, FLOUR BLUFF AND ENCINAL FIRM AND GARDEN TRACTS; +' - - ", , '. .. ;i• t • -. qty � • t ' THENCE IN q N ORTHWESTERLY •DIRECTION ALONG THE SOUTHWEST BOUNDARY LINE OF LOT 13; SECTION "- 17, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS (ALSO BEING - THE NORTHEAST BOUNDARY OF OSO PLACE.NO.'5 ADDITION) TO A g - POINT WHERE SAID BOUNDARY LINE INTERSECTS WITH A SOUTH CORNER OF THE a -- CORPUS:-CHRISTI MUNICIPAL GOLF COURSE PROPERTY; ` THENCE INP AN EASTERLY AND NORTHEASTERLY DIRECTION ALONG THE SOUTHWESTERLY ' s AND SOUTHERLY BOUNDARY LINE OF SAID CORPUS CHRISTI MUNICIPAL GOLF COURSE PROPERTY TO ITS INTERSECTION WITH THE SOUTHERN BOUNDARY LINE OF DEL OSO ROAD, THENCE '•;y�r.,1. CONTINUING AS THO U GH SAID BOUNDARY LINE OF SAID GOLF COURSE - CONTINUED IN A STRAIGHT LINE ACROSS SAID ROAD TO THE NORTHERN BOUNDARY ��•� _ - LINE OF DEL OSO ROAD; - ., - ' x THENCE IN A NORTHEASTERLY DIRECTION ALONG THE NORTHERLY BOUNDARY OF DEL C; 080 ROAD i - TO ITS INTERSECTION WITH A LINE WHICH WOULD BE THE NORTHWEST BOUNDARY LINE OF ENNI.S JOSLIN ROAD IF SUCH LATTER BOUNDARY LINE WERE EX- TENDED NORTHEASTERLY. THENCE UPON A COURSE AND ALONG A STRAIGHT LINE IN A NORTHEASTERLY DIRECTION, - - SUCH COURSE AND LINE BEING A LINE WHICH WOULD BE THE NORTH OR NORTHWEST - - BOUNDARY LINE OF ENNIS JOSLIN ROAD IF SUCH LATTER BOUNDARY LINE WERE EXTENDED IN A NORTHEASTERLY DIRECTION RUNNING WITHIN SOUTH ALAMEDA STREET, CROSSING -�A . OCEAN DRIVE AND CONTINUING IN A STR Atl GHT LINE TO A POINT WHERE SUCH ' " LINE WOULD INTERSECT WITH THE SOUTH SHORELINE OF CORPUS CHRISTI BAY; THENCE IN AN EASTERLY DIRECTION WITH THE MEANDERS OF THE SOUTH SHORELINE OF CORPUS CHRISTI BAY TO ITS INTERSECTION WITH A LINE THAT IS 10 FEET WEST OF a AND PARALLEL TO THE WEST ABUTMENT OF A BRIDGE CONSTRUCTED BY NUECES COUNTY 1962, - - -. , ' IN ��• BEING THE BRIDGE ACROSS THE MAIN BRANCH OF OSO CREEK BETWEEN CAYO DEL OSO AND CORPUS CHRISTI BAY; - THENCE IN A SOUTHERLY DIRECTION WITH A LINE THAT IS'PARALLEL TO AND 10 - - FEET WEST OF THE WEST ABUTMENT OF SAID BRIDGE TO A POINT 100 FEET SOUTH OF THE - CENTERLINE OF SAID BRIDGE; THENCE IN AN EASTERLY DIRECTION PARALLEL TO AND 100 FEET SOUTH OF SAID ` CENTER- LINE TO A POINT ON THE EAST SHORELINE OF CAYO DEL OSO. THENCE IN A SOUTHERLY AND SOUTHEASTERLY DIRECTION WITH THE MEANDERS OF THE EAST SHORELINE OF CAYO DEL OSO TO A POINT ON THE WEST BOUNDARY OF LOT 13, SECTION 42, f FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SAID POINT ALSO _ " .•v BEING THE SHORELINE CORNER OF THE U. S. NAVAL AIR STATION _ PROPERTY; THENCE IN A NORTHERLY DIRECTION WITH THE WEST3 BOUNDARY OF SAID LOT 13, SECTION 42, s, - FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS TO THE NORTH -•r " - WEST CORNER THEREOF; .. - = '- THENCE IN AN EASTERLY DIRECTION WITH THE NORTH BOUNDARY LINE OF LOTS 13, 14 AND 15, SECTION 42 z AND LOT 17, SECTION 47, FLOUR BLUFF AND ENCINAL FARM '' AND GARDEN TRACTS, BEING AL60 A BOUNDARY OF THE U. S. NAVAL AIR STATION PROPERTY, TO THE NORTHEAST CORNER OF SAID LOT, 17, SECTION 47 ;, - _ - - N *' THENCE IN A NORTHERLY DIRECTION WITH THtiWEST BOUNDARY LINE OF LOT 15, + SECTION 47, FLOUR BLUFF ' AND ENCINAL FARM AND GARDEN TRACTS, BEING ALSO A ' BOUNDARY OF THE U. S. NAVAL AIR STATION, TO THE NORTHWEST CORNER OF SAID LOT 15; . IV .. . a "'.,' ' � • -�_ , THENCE IN AN EASTERLY DIRECTION WITH THE NORTH BOUNDARY sL INEoOF LOTS1 15, 14, 13 12, .. AND SECTION 47, FLOUR BLuFF•,AND ENCINAL FARM AND GARDEN - TRACTS, BEING ' ALSO A BOUNDARY OF THE U. $o NAVAL AIR STATION, TO A . POINT, SAID POINT BEING A COMMON CORNER OF LOTS 12, 11y AND 6, SECTION 47, FLOUR BLUFF - • AND ENCINAL FARM AND GARDEN TRACTS; THENCE IN A NORTHERLY DIRECTION WITH THE WESTERN BOUNDARY OF SAID LOT SECTION 47, FLOUR . BLUFF AND ENCINAL FARM`AND,GARDENS TRACTS, BEING ALSO ' • A BOUNDARY OF THE U, S, NAVAL AIR STATION, TO THE NORTHWEST CORNER OF'' - -- •y SAID LOT 6; - - . THENCE IN AN EASTERLY DIRECTION WITH THE "NORTH BOUNDARY LINE OF LOTS 6, 7'7tND 8y SECTION 47, LOTS - AND 1 AND 2, SECTION 56, FLOUR BLUFF AND ENCINAL 'Y• -'' FARM AND GARDEN TRACTS, BEING ALSO A BOUNDARY OF THE U. S. NAVAL AIR " - STATION, TO A POINT, SAID POINT BEING A COMMON CORNER OF LOTS 2 AND 3a - ` SECTION 56, AND LOT 18, SECTION 57, FLOUR BLUFF AND ENCINAL FARM AND - ,, GARDEN TRACTS; - _ - - THENCE'IN A NORTHERLY DIRECTION' WITH THE'WEST BOUNDARY LINE OF LOf 18, SECTION 57, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, BEING'ALSO- A BOUNDARY LINE OF THE U. -_ S, NAVAL AIR STATION, TO THE NORTHWEST CORNER',. - LOT 18; �; r THENCE IN AN EASTERLY DIRECTION WITH THE NORTH BOINDARY LINE OF LOTS('18,y•' 17, 16 AND 15, SECTION 57, FLOUR BLUFF AWD ENCINAL FARM AND GARDEN TRACTS'.; TO THE PLACE OF BEGINNING ON THE WEST SHORELINE OF LAGUNA MADRE. - . 7 _ -' , SECTION 3. TH I S ,'••,~,.',._'" •�• -, 't �, a4- ` tea¢.- FRANCHISE SHALL REMAIN IN FORCE FOR i- - PERI OD - _ - '- . -.i->i '• .x' _. - 4 OF TWENTY —SEVEN (27) YEARS FROM T - s' Y,• - °p -" •_4 " ; -- HE DATE OF ITS ACCEPTANCE .BYE- - " »�, '• GRANTEE, ACCEPTANCE WHICH .S. H>A:L, L BE MADE AS HEREINAFTER PROVIDED.° SECTION 4. r• AS PART OF':!"' CONSIDERATION .. - _ FOR THE GRANTING "f -4. - ..:` `~ OF THIS GRANTEE SE, FRANCHI - -, E SHALL PAY TO T �_•`:' HE CITY ANNUALLY, DURING THE t , PERIOD OF THIS r• -' - `y, - __ '* ', _"_ °•, FRANCHI SE, TWO *// AA - - •'sue'• .. , -' - 1ZA� }PERCENT UPON ITS ANNUAL GROSS"" IRE —, CEIPTS•FROM~THE SALE ~ -• *_6 - '� ^•'} " - - - F GAS qT SALE DELIVERY POINTS -:.,. LOCATED WITHIN THE, FRANCHISE AREA, SUCH•PAYMENTTo" <- .•: -,�„ �- _ BE MADE ON OR B •� • - ' EFORE SIXTY �GO) 'DAYS } AF TERN THE .END "'`'- - >> • - OF EACH CALENDAR BE '•i, SECTION '�'':••- ,' '' '•`'` }'' ,(` °�' - - - -;a; .� -, - -, 5•' ON OR BEFORE Six TY60) DAYS'gFTER•yTHE CLOSI NG DR Y - - "` a +�. a OF EACH CALENAEAR. DU %•' •c - =', +'' -•_- - . - •`, •`"1= ' -„ RING THE LIFT OF THIS F .0 RANCHISE, GRANTEE SHALL'• ^� `.FURNISH TO f . .. -;.'. .Y- THE•COUNCIL'A WRITTEN STATEMENT SHOWING ITS ` RECEIPTS '•. FROM THE _ - . - SALE OF GAS '�'I' .. .� , •r' _ >: - ° s - WITHIN THE FRANCHISE AREA FOR - ';,•,„' ,� THE PREVIOUS CALEN —'t _ DAR YEAR`. '- r.: `,' ,' ;- _ v',. , ," t'` ' - -< • - :" -AND SIMULTANEOUSLY GRANTEE •SHALLMAKE -'a ;, PAYMENT TO THE CITY ar •.,•.. OF THE TWO (2%) IPERCENTOF RTHE GROSS '"`''��• •c- - _ +RECEIPTS qS PROVIDED FOR PRE- CEDING -] SECTI "' ° "`•�- '- - ,i ..' IN THE ON, ^THE BOOKS OF GRANTEE • -. ."•' z" " • " -, ° - - - ' SHALL BE ` AT - *- - i -, -•_ `. - _ - .y,.:•q: SUBJECT, ALL TIMES ~ ``•• AI NSPECTION BY THE COUNCIL - "� 7- }'`I�f '•� °ir 1�: t -', ,. _ AND AOTHER AUTHO < - -r <; RIZED CITY' OFFICIALS. •^,*,..,x SECTION 6.f .`. `7•.t•. •y. - ; >1'- r, ,, yr.•. . - '+' _ ` SUBJECT TO -F av : - ` r -- ., y . y<,,. _• t', - -_ I�•,} };,x r••'+ - THE• "PERFORMANCE BY ITOF ALL OBLIGATIONS -•y ASSUMED HERE I N v` THE C - -•' , . ' .: t_: t +' r ?'„ HARTER AND ORDINANCES OF THE C•I TY -, AND T TER' I •��. I - :r. r; >_ '• AND _,CONDITIONS - .:'•v �'i;R- •.-:;'!... f- "%-� ..-,.HE MS «.; •,, - HEREOF, GRANTEE SHALL HAVE v -�' `'�' , -.•+,• - a z' -' ^' - - •- <'• -.., r -y_. THE RIGHT TOfEXTEND •> i AND REPAIR '••I ITS z REPLACE •- { -•- - PIPEAGE SYSTEM NOW IN USE y�` ',£ v sJ`.� '• ^ *-'•' - - -_ :r,•�; 4 — • - , E AND HEREAFTER CONSTRUCTED Co—_ EXTENSIVE - �, •k .. -. _. - _ •::'„ _ . WITH THE LIMITS 'OF T - '•k� :v -?"` - r:, r _ { -'�, `• '� ,. - ., aF`., c HE FRANCHIS E, AREA, BUT SHALL RESTORE THE t STREETS UPON,WHICH T '`g'3 �.•. ,; T. z':. F; >._ HE PIPES ARE EXTENDED ' -- r r'n fRE PLACED, REPAIRED`MOR, CON -" 2 STRUCTED, PUTTING _ THEM I`N • -- .. 'p<,`. ,. , ,,, . -r y - _ AS GOOD CONDITION AS BEFORE. BEFORE DOING ' ANY WORK IN THE ST k ;• ;. �. ,Y :'';' r , r• • _ _ REETS, GRANTEE SHALL 8 f' '- - ' "" - BE FIRST[ ''d NOTIFY -THE q" M•� ^-�- DIRECTOR OF PUBL ! ,;�`.i I C WORKS -I OF I TS INTENTION TO ti - -` - » 'SH'ALL r, •;'., '> ? - DO S0," ALL SUCyj .. - :n• - - ,. H WORK r - , BE DONE UNDER "AP a .'.' a , -,r: -. c • - - d,• _ - - PROVED SPECIFICATIONS AND SUP - .',, -s') ••t• "`''r' - - r, = RVISION -OF SAID DIRECTORµ "I - -i' AND IN COMPLIANCE WI THALL ~ORDI <'r- y - • -- -`�_ - ' -•«' '. ,_ s - NANCES RELATING *HERETO. TO THIS END,' " THE CITY TY - •s ' : * - _ >. ? HEREBY GRANTS AND CONCEDES T y" y °• -' -,e , 0 GRANTEE THE RIGHT AND PRIVILEGE r t ' TO ENTER UPON' AND - i.. ::::•• - .•' -: z - _ TO CONSTRUCT' AND - -�� r - ,a,• MAINTAIN ITS MAINS• - -T p- - - AND • - r PIPES IN, UPON, ACROSS AND ALONG ANY AND ALL OF THE STREETS,'SQUARES', ' PpRK32 LA NESy PUBLIC UTILITY EASEMENTS, ALLEYS AND PUBLIC THOROUGH- .; FARES OF THE CITY,' AND OVER AND ACROSS ANY STREAM OR STREAMS$ ' BRIDGE'OR • '. .' BRIDGES$ OWNED OR CONTROLLED BY THE CITY, WHEN APPROVED BY THE DIRECTOR OF PUBLIC WORKS$ AND TO TAKE UP PAVING AND SIDEWALKS _ IN AND UPON SAID ' • STREETS$ ALLEYS AND LANES, - ANO OVER AND ACROSS, ANY _STREAM OR BRIDGE$ '•'i ' -. - - AND TO MAKE SUCH EXCAVATIONS AS MAY BE NECESSARY, AND TO TAKE UP, , - CONSTRUCT REPAIR$ R EPLACE, ( OPERATE AND MAINTAIN ITS PIPES AND LINES IN, ALONG$ OVER AND ACROSS THE SAME, SUCH RIGHTS AND PRIVILEGES BEING ' RESTRICTED, HOWEVER, TO THE FRANCHISE AREA,' ALL EXCAVATIONS MADE IN , ANY OF SAID STREETS$ SQUARES, PARKS, LANES, ALLEYS AND M1� BRIDGES SHALL BE . DONE IN SUCH A MANNER AS TO GIVE THE LEAST INCONVENIENCE TO THE PUBLIC; ,• ' ALL WORK SHALL BE DONE SPEEDILY AND ALL'EXCAVATIONS AND OPENINGS SHALL i BE REPLACED IN -GOOD CONDITION AT THE COST AND EXPENSE OF GRANTEE, AND TO THE SATISFACTION OF THE DIRECTOR OF PUBLIC WORKS.' GRANTEE SHALL ^ HpLD THE CITY HARMLESS ON ALL CLAIMS FOR LOSS DVE TO PROPERTY DAMAGE OR PERSONAL INJURY_ OCCASIONED BY THE ACTS OF GRANTEE, ITS SERVANTS$ ' - - AGENTS, CONTRACTORS AND EMPLOYEES IN EXERCISING THE RIGHTS HEREIN - GRANTED.' WHEREVER YBE FEASIBLE) ALL PAVED STREET CROSSINGSSHALL BORED OR PUNCHED - BUT .NOT CASEDyAND ALL PIPELINES LAID IN ANY STREET AREA SHALL BE LAID ' BETWEEN THE CURB AND SIDEWALK WHENEVER IT IS POSSIBLE TO DO So. •T •• - SECTION 7.'•IF, IN THE OPINION OF THE COVNCILy THERE IS ANA UNREASONABLE DELAY BY GRANTEE IN RESTORING STREETS, HIGHWAYS, - BRIDGESyr- Eby AFTER EXCAVATIONS, REPAIRS AND EXTENSIONS HAVE BEEN MADE$ THE CITYI ' SHALL HAVE THE RIGHT TO-RE STORE OR - REPAIR THE SAME AND TO REQUIRE GRANTEE TO PAY THE REASONABLE COST THEREOF.' - _ z ••�' 4 SECTION H._ ALL DIRT, RUBBISH,`AND MATERIAL LEFT AFTER - THE STREETS$ HIGHWAYS, ALLEYS OR OTHER `PUBLIC PROPERTY HAVE BEEN- RESTORED -• - ? ®3 -, - Lr!t - - OR REPAIRED BY GRANTEE SHALL' BE REMOVED BY IT AT ONCE. IF, AFTER" - . - SUCH RESTORATION OR REPAIRINGy THE PLACES . EXCAVATED AND REFILLED ' -,t • BECOME DEPRESSED OR SINK BECAUSE OF 'NOTr-, WORK DONE BY GRANTEE'S 0 AS -' - '• TO BE IN AS GOOD CONDITION AS BEFORE THE EXCAVATIONS WERE MADEy THEN, - • - AND IN SUCH EVENTS GRANTEE'SHALL AGAIN - �t ""• • AND FROM y TIME TO TIME., AS ' NECESSARY., RESTORE SAIDSTREETS, HIGHWAYS OR ALLEYS SO THAT SAME - -- SHALL•BE IN AS GOOD CONDITION AS BEFORE THE EXCAVATIONS WERE MADE, {•;" - AND UPON-GRANTEE'S. FAILURE 30 TO DO, THE CITY ^.^ SHALL HAVE THE RIGHT TO MAKE SUCH,RESTORATIONS, FOR THE REASONABLE _ COST OF WHICH GRANTEE SHALL BE LIABLE TO THE CITY. - - •. -. ` ' - • -y:., - SECTION 9. -„ IN THE CONSTRUCTION-MAINTENANCE ;.- I•- `- '.' • -, - '- MAINTENANCE - ` AND REPAIR OF ITS LINES y' GRANTEE.9 WITHOUT f•NSENT { • -' XPR ESS.- - .,' - • OF - _ CO _ THE DIRECTOR OF .5 . " .' • - PUBLIC WORKS., SHALL NOT PERMIT • - - - _ THE EXISTENCE AT ANY ONE TIME OF ANY' N Y - ., UNFILLED EXCAVATION OR DITCH IN OF A TOTAL DISTANCE OF FIVE • HUNDRED FEET. ON ANY PUBLIC'STREET, ALL THOROUGHFARE ~'OTHER ^(500) OR PUBLIC PLACE. ANY•WORK BEING WHETHER •DONE, EXTENS,i ONSOR REPAIRS, ' - '•• - -' -- - -- NECESSITATING •T , - HE EXCAVATING OR TEARING �� - UP OF A STREET SHALL _ - BE DONE WITH ALL REASONABLE DISPATCH q ND -IN SUCH MANNER AS TO INTERFERE UNNECESSARILY WITH THE USE OF THE STREET FOR TRAVEL. .' '. • •. _. ... ,SECTION lO.: •.-:- `" _ - GRANTEE HAS HERETOFORE FILED - -, WITH THE CITY 'S " ITS BOND AND DBLIGATION,_IN THE ' UM OF TWENTY FIVE THOUSAND -- - _..:L- -_- •._E DOLLARS, - f - .($25,o•oo), CONDITIONED THAT NO _. - - - EXC AVATION MADE BE SHALL -• • - UN- N 1 NECESSARILY, AND. -HAT ANY AND ALL `' ._,EXCAVATIONS •. - , HA DE OR OBSTRUCTION,{ ,. ' -. ',-'..� ,., _ _.. .., ,: -' -+, ' PLACED IN ANY STREET, ALLEY' _Y PUBLIC GROUNDS 'UNDER -OR - OF THE CITY, THIS FRANCHISE SHALL 4 AT ALL TIMES BE PROPERLY GUARDED BY GRANTEE AND ANY '- AND ALL - PAVEMENTS, SIDEWALKS AN0 INTERSECTIONS THAT MAY BE OPENED OR ' " TORN .Up_BY GRANTEE SHALL BE REPLACED-'SPEEDILY, PROPERLY AND SAFELY, WITH ALL REASONABLE DISPATCH AND IN FIRST CLASS MANNER, AND SUCH BOND r ' - AND 0BLI GAT ION, OR AtREPLACEMENT THEREOF �• ' g SHALL BE CONTI NUED - - I N FORCE AND,E:FFECT DURING THE LIFE OF,THIS FRANCHISE TO COVER THE OBLIGATIONS - IMPOSED UPON GRANTEE HEREUNDER. ." SECTION 11• GRANTEE SHALL N07 IMPAIR IN ANY ,THE'r MANNER NATURAL-OR ARTIFICIAL DRAINAGE OF THE CITY 4UNOERGROUND OR 17S FIXTURES, •'� • _ »AND IN CROSSING ANY STREAM, CANAL OR WpTERWAY'WITH ITS LINES IT SHALL - DO 30 IN SUCH MANNER AS, NOT To IMPAIR NAVIGATION OR THE NATURAL DRAINAGE OF THE STREAM, AND TO THE IS OF THE COUNCIL,, 2'�,_ SECTION 12• IN MAKING EXTENSIONS OR REPAIRS TO ITS '» PIPEAGE _ - SYSTEM, GRANTEE SHALL NOT INTERFERE WITH ANY SEWER, WATER OR HEATING ' J _ PIPES OR PUBLIC OR PRIVATE DRAINS IN ANY STREET, HIGHWAY, ALLEY,' - PUBLIC • EASEMENT OR OTHER CITY PROPERTY, -NOR SHALL - -THE SAME BE DISTURBED OR ` HOLESTED IN ANY MANNER EXCEPT WITH THE CONSENT AND UNDER THE DIREC- TION OF- THE _GIRECTOR OF WORKS AND DIRECTOR "PUBLIC OF PUBLIC UTILITIES. SECTION 13, IF, IN LAYING ITS PIPES, GRANTEE k ` " COMES • INCONFLI C7 WITH THE RIGHT OF ANY OTHER PERSON OR CORPORATION - HAVING -A FRANCHISE FROM THE CITY, THE COUNCIL SHALL REASONABLY DECI~DE1 ' _» ALL QUESTIONS CONCERNING ANY CONFLICTING RIGHTS OF THE RESPECTIVE - PARTIES, AND SHALL DETERMINE THE LOCATION OF THE _ STRUCTURES OF SAID PARTIES AND -WHAT CHANGES, IF ANY SHOULD BE�MADES' y •I''� AND - _ _ AT WHQSE COST, _ .. AND SHALL RECONCILE THE DIFFERENCES OF THE fPARTIES IN SUCH MATTER, » �; "• ,., SECTION 14• IF IN CONS7RUCTING,ITS. - - SEWERS, STREETS, OR - - 'OTHER PUBLIC WORKS CITY, CITY -OF -THE -THE SHOULD REQUIRE ANY plPf OR PIPE, OF GRANTEE TO BE SHIFTED OR RELOCATED, SUCH • PIPE OR -SHALL BE PROMPTLY SHIFTED OR RELOCATED BY GRANTEE ? AT ITS OWN EXPENSE'.,'` ` - AS AND WHEN REQUIRED BY THE CITY•• •, - ,' _ - ` SECTION 15-' GRANTEE SHALL FURNISH GAS WITH ' - - - �„• A MINIMUM _ 1000 B.T.U. PER STANDARD CUBIC FOOT HEATING VALUE WITH NOT MORE - -5- ' THAN ZO GRAINS OF TOTAL SULPHUR OR MORE THAN ONE tt' GRAIN OF n- HYDROGEN - SULPHIDE PER 100 STANDARD CUBIC FOOTS AS ASCERTAINED AND - - DETERMINED, FROM TIME TO TIMES BY THE CITY COUNCIL UNDER ITS °. •- PRESENT OR FUTURE REGULATORY POWERS BUT AT INTERVALS OF NOT LESS�t - - ,- THAN ONCE EACH THREE CONSECUTIVE MONTHS. ". SECTION 16. GRANTEE'S METERS SHALL BE ,SUBJECTS AT -. " - ALL REASONABLE TIMES, TO INSPECTION BY THE AUTHORIZED AGENTS'OF 1 THE CITY. - GRANTEE SHALL BE SUBJECT TO AND WILL COgf%Y WITH ALL - •• - ORDINANCES NOW IN FORCC AND ALL ORDINANCES THAT MAY BE HEREAFTER* - • ?`,+` - - — • PASSED BY THE CITY COUNCiI L. - . • - - - _ • i ' - ' ' - SECTION 1 .• IF ANY PIPE OR OTHER EQUIPMENT OF GRANTEE ` - _ SHOULD GET OUT:OF ORDER OR IN BAD - CONDITION SO AS TO AFFECT OR •_ -, _ -,' - « THREATEN TO AFFECT THE PUBLIC HEALTH, SAFETY OR CONVENIENCES OF THE - •, - PUBLIC, •GRANTEE, ON REQUEST OF THE DIRECTOR OF PUBLIC WORKS, WILL RESTORE SAME TO GOOD CONDITION; AND UPON GRANTEE'S FAILURE IMMEDIATELY '.SO TO DOS, THE CITY SHALL HAVE THE RIGHT TO REMOVE SUCH PIPE OR °< , -- ' EQUIPMENT., OR PUT THE SAME IN GOOD CONDITIONS FOR THE REASONABLE:- - -• - , • - COST OF WHICH GRANTEE SHALL BE LIABLE. . SECTION 18. EACH AND EVERY_ CONSTRUCTION AND RECONSTRUC- TION•OF GRANTEE'S GAS FEEDER PIPE LINES TO EFFECT'DELIVERY OF GAS - - - TO OTHER THAN INDUSTRIAL CONSUMERS AND TO EFFECT DISTRIBUTION OF - GAS WITHIN RESIDENTIAL AREAS,•BEING SUCH PIPELINES THAT ARE LOCATED r • IN ANY OF THE CITY STREETS, PRIVATE OR PUBLIC RIGHTS OF WAY AND - • UTILITY EASEMENTS, SHALL BE PLANNEDS _ CONSTRUCTED AND COMPLETED IN - - -• ' • - ACCORDANCE WITH THE FOLLOWING >BASIC CONTROL STANDAROSB - • - - . ohm :' -. _ .•: - - • nt 3�. p f ,• I ) - IN•DEVELOPi NG PLANS-FOR SUCH GAS MAINS THE ' BASIC CR4TtRIA SHALL BE.' 1A) A''NORMAL DESIGN•PRESSURE UP TD - _ • -, •25­ G. AND A PEAK LOAD= DESIGN PRESSURE UP T0'60 P.S.I.G. „ p. WITHOUT SECOND STAGE REGULATION, (e) THE `LENGTH OF PIPE TO , -.V BE USED IN CALCULATIONS SHALL BE THE LENGTH BETWEEN POINT OF SUPPLY ' AND END POINT,IN THE SYSTEM, AND _ (C), PIPE LINES SHALL BE - - - ' DESIGNED TO CARRY A MINIMUM VOLUME OF THREE HUNDRED AND FORTY (340) - ':iW81C.FEET PER HOUR PER ACRE TO AREA TO BE SERVED, '.�• SPECIFICATIONS OF MATERIALS USED IN - - (2) TH E CONSTRUCT44M AND RECONSTRUCTING SUCH, GAS-MAINS AND METHODS FOR - ••, PROTECT LNG THE SAME SHALL BE AS FOLLOWS' - - - •° � , ' (A) SEAMLESS OR WELDED_BLACK STEEL PIPE_SHALL ' r.. J BE USED AND SHALL HAVE PROPERTIES AS PRESCRIBED BY ? .,THE •CURRCNT AMERICAN STANDARDS ASSOCIATION SPECIFICA— _ •, TIOW S3&8 -ig58, WITH SCHEDULE 40 THEREOF TO APPLY UP -' - - - TO Gf5�8n�Q1D. PIPE SIZESe _., (8) THE COATING AND WRAPPING OF PIPE SHALL CON— ' "*- +',FORM TO THE'EQUAL OR BETTER OF ROSSON- RICHAROS COMPANY , •'MINI-MUM SPECIFICATION RR-1 OR OF PIPE LINE SERVICE -Y :COMPANY'S BITUMASTIC SPECIFICATION ••,`C) CATHODIC PROTECTION SHALL BE APPLIED THAT " CIS EQUAL TO THE MINIMUM OR BETTER OF THE SEVERAL METHODS , OF PRACTICES GENERALLY USED AND ACCEPTED BY THE GAS PIPE - •, . - LINE INDUSTRY, EXCEPT THAT D. C.'ItECTIFIER METHODS SHALL - - NOT BE USED._• m7m (3). WHEN •THE,CITY'S DIRECTOR 'OF PUBLIC UTILITIES AND THE GRANTEE'S GHIEF ENGINEER AGREE IN WRITING UPON THEYNECESSITYFFOR AN EXCEPTION', Y TO THE BASIC DESIGN CRITERIA SET FORTH IN (1} ABOVE AND /OR TO ANY+ SPECIFICATION SET FORTFI IN,-(2 )1., NEXT AR,OVE, AND WHEN THEIR SUCH WRITING ALSO REFLECTS THEIR AGREEMENT UPON •A SUBSTITUTING CRITERIA AND/OR SPECI FICATION TO APPLY, THEN THEIR -AGREED DEVIATION FROM THE BASIC CONTROL - STANDARDS IN ITEM (f) AND/OR•,(2) ABOVE SHALL BE AUTHORIZED, PROVIDED,. .- -+ - HOWEVER, THAT SUCH SIGNED AGREEMENT SHALL,BE IN THE CUSTODY OF THE•' , GRANTEE'S,CHI EF_ EGNINEER BEFORE; PERFORMING DEVIATING CONSTRUCTION OR 1. - RECONSTRUCiION.'k OTHERWISE, THE BASIC CONTROL STANDARDS PROVIDED IN, -- (1) AND/OR (2) ABOVE SHALL CONTINUE IN FORCE.AND EFFECT AND SHALL BE ` . FOLLOWED.—'- (4) WITHIN - THIRTY i3O) DAYS FOLLOWING THE EFFECTIVE DATE OF , THIS:FRANCHISE, GRANTEE SHALL FURNISH TO THE CITY'S DIRECTOR OF PUBLIC '.`t.�• - WORKS TWO PRINTS,OF BLOCK MAPS SHOWING THEREON ALL GAS FEEDER AND GAS. DISTRIBUTION PIPELINES BEING OPERATED By GRANTEE AND INDdCATING,THEREON - i - WHETHER OR NOT THE SAME ARE .WITHIN.THE DESIGN CRITERIA SET FORTH IN ABOVE.' THEREAFTER, AS TO EACH CONSTRUCTION AND RECONSTRUCTION OF SUCH PIPE LINES• THE, GRANTEE S)3AJ,J,,,FURNISH THE.CITY}S DIRECTOR OF PUBLIC WORKS A..PRINT OF THE FINAL SURVEY AND, IF AVAILABLE, A COPY OF THEy'PLAN AND t PLAT FOR-EACH SUCH GAS MAIN INSTALLATION OR RECONSTRUCTION AND WILL•RE— - - FLECT THEREON THE LOCATION AND SIZE OF SUCH GAS MAIN, IN ORDER THAT,,-:,-,- -- - THE CITY MAY CURRENTLY POST-THE BLOCK MAPS +FURNISHED BY GRANTEE. GRANTEE SHALL NOT BE REQUIRED TO SHOW THE LOCATION OF CUSTOMER SERVICE- LINES EXTENDING FROM SUCH GAS MAINS. - - - • - SECTION 19. GRANTEE SHALL EXTEND ITS PIPES WITHIN THE „ - -< FRANCHISE AREA AND SHALL FURNISH SERVICES, FROM TIME TO TIME, AS - CITY COUNCIL MAY DEMAND, UPON'A SHOWI NG, THAT ONE NEW CUSTOMER FOR - , ' EVERY, ONE HUNDRED (1001) FLEET OF NEW EXTENSION HAS MADE AN APPLICA° " TION IN WRITING TO TAKE AND USE GAS ON SUCH EXTENSION. SECTION 20. .IN GRANTING THIS FRANCHISE,; THE CITY DOES • , NOT WAIVE ITS RLQVLATORY POWERS, OR ANY OTHER RIGHTS, UNDER ITS -"I ,..- CHARTER AS IT NOW EXISTS, OR AS IT MAY BE AMENDED HEREAFTER, NOR ANY OF ITS RIGHTS UNDER THE LAWS, PRESENT AND FUTURE, OF THE STATE OF TEXAS, NOR ANY OF ITS RIGHTS UNDER PRESENT OR FUTURE ORDINANCES r OF SAID CITY. SECTION -2I, THE RIGHTS HEREIN GRANTED SMALL NOT RE EXCLU - SIVE AND THE CITY RESERVES THE POWER TO GRANT LIKE RIGHTS FDR SIMILAR h USES, SUBSEQUENT GRANTS, AND FURTHER RESERVES THE RIGHT TO EXTEND ITS`. " OWN LINES AND DISTRIBUTE GAS IN THE TERRITORY COVERED BY THIS FRAN° - - _ SECTION 22. THE ENUMERATION HEREIN OF SPECIAL DUTIES REQUIRED OF GRANTEE SHALL NOT BE CONSTRUED AS A LIMITATION OF THE ' POWERS AND DUTIES CONFERRED UPON THE CITY BY ITS CHARTER, THE LAWS OF THE STATE OF TEXAS AND ALL.PRESENT•ANO FUTURE ORDINANCES,_AND, s GRANTEE SMALL PERFORM ALL DUTIES REQUIRED OF IT BY THE CHARTER AND a ALL VALID ORDINANCES OF THE CITY AND THE LAWS OF THE STATE OF TEXAS.', SECTION 23. IN GRANTING_ THIS FRANCHISE THE CITY RESERVES - ITS ,RIGHTS TO REGULATE ALL PUBLIC UTILITIESy INCLUDING GRANTEE, AND TO REGULATE THE RATES, INSTALLATION AND SERVICE CHARGES WITHIN THE+ - CITY AGREEABLE TO THE CONSTITUTION'AND LAWS OF THE STATE OF TEXAS.", SECTION 24. 'NOTHING CONTAINED IN THIS FRANCHISE SHALL � BE CONSTRUED TO BE A WAIVER OF ANY RIGHT WHICH THE CITY HAS OR MAY .i HAVE UNDER ITS CHARTER, HOME RULE POWERS, OR OTHER AUTHORITY, TO ACQUIRE BY EXERCISE OF THE POWER OF EMINENT DOMAIN ALL OR ANY PART OF THE PROPERTY OR PROPERTIES OF GRANTEE AT ANY TIME. SECTION 25. FOR ANY AND ALL MONEYS WHICH MAY BE , JUSTLY DUE 9 OR WHICH TO THE CI] _ _ MAY BECOME DUE . TY , .. UND €R 7HE PRO-- • - , VISIONS OF THIS ORDINANCE, AS WELL AS ANY LAWFUL TAXES WHICH - - ' MAY BE IMPOSED AND BECOME DUE AND PAYABLE TO THE CITY UPON THIS FRAM- • CHIS£, AND/OR ANY OTHER PROPERTY OF GRANTEE, SITUATED WITHIN THE CORPORATE LIMITS, THE CITY SHALL HAVE A VALID AND ENFORCEABLE LIEN UPON - ALL OF GRANTEE'S PROPERTY AS WELL AS THE =FRANCHISES AND RIGHTS HEREIN GRANTED. _• - - - - - - ; . , -p SECTION 26.IN ADDITION TO THE RIGHTS, PRIVILEGES AND FRANCHISE GRANTED TO GRANTEE, AS HEREINA13OVE SET FORTH, GRANTEE IS HER£° - - '- - - BY GRANTED THE RIGHT OF INGRESS AND EGRESS FOR THE PURPOSE OF SERVING - - - THE AREAS DESCRIBED i4ER£IN WITHIN THE PRESENT CITY LIMITS. ` - • SECTION 27. THE RIGHTS,'PRIVILEGES• AND FRANCHISE HEREIN -' - GRANTED TO GRANTEE SHALL EXTEND TO AND INCLUDE ITS SUCCESSORS AND ASSIGNS, AND THE TERMS, CONDITIONS, PROVISIONS, ' REQUIREMENTSy AND _AGREE °J _ st MENTS IN THIS ORDINANCE CONTAINED, AND EACH OF THEM,•SHALL BE BINDING-- . UPON THE SYCCESSORS AND ASSIGNS OF GRANTEE. NO ASSIGNMENT OF THIS ' FRANCHISE, HOWEVER, SHALL BE BINDING UPON THE CITY WITHOUT ITS CONSENT -° AND APPROVAL THEREQF•HAVING BEEN40STAINEO BY ACTION OF THE CITY COUNCIL.' SECTION 28. AT ANY -TIME WITHIN THE LAST'-TWO WO YEARS OF THE- - - TERM HEREOF, AS PROVIDED IN THIS SECTION, THE CITY SHALL HAVE THE RIGHT - - ' TO PURCHASE THE - PROPERTY OF GRANTEE WHICH IS SITUATED WITHIN THE FRANCHISE AREA AND UTILIZED IN CONNECTION WITH; ITS OPERATIONS• UNDER THIS - FRANCHISE. THE PRICE TO BE PAID FOR SUCH PROPERTY SMALL BE A PRICE - EQUIVALENT TO THE FAIR VALUE OF THE`PROPERTY AT THE TIME OF THE GIVING - OF THE NOTICE TO GRANTEE AS HEREINAFTER PROVIDED. THE FAIR VALUE OF SUCH PROPERTY SHALL TAKE INTO ACCOUNT ONLY THE TANGIBLE PHYSICA•L_PROPERTY .- AND NO VALUE SHOULD BE GIVEN TO THE FRANCHISE OR TO „GOOD WILL° OR TO RGOING CONCERN „•OR•TO OTHER TNTANGIBLES. - - THE RIGHT OF THE CITY TO PURCHASE SUCH PROPERTY OF GRANTEE .SHALL, IF EXERCISED, BE DONE IN THE FOLLOWING MANNER' r 1. AT ANY TIME WITHIN THE FIRST YEAR OF THE LAST TWO , • YEAR PERIOD OF THE FRANCHISE TERM, THE COUNCIL MAY ORDER NOTICE •f TO BE GIVEN TO GRANTEE THAT THE CITY.DESIRES TO PURCHASE SUCH PROPERTY,- , AND UPON SUCH ORDER BEING yG IVEN THE CITY SECRETARY SHALL GIVE SUCH NOTICE TO GRANTEE. •' •„ _ _ -?- - - •/2." WITHIN SIXTY (6O) DAYS FROM THE DATE OF THE AFORE— SAID NOTICE, GRANTEE SHALL SUBMIT TO THE CITY A COMPLETE DETAILED INVEN TORY OF THE PROPERTY OF GRANTEE WHICH IS SITUATED WITHIN THE FRANCHISE a AREA AND UTILIZED IN CONNECTION WITH ITS OPERATIONS UNDER THIS FRANCHISE, ' AND DETAILED MAPS SHOWING THE LOCATION OF SUCH PROPERTY, AND GRANTEE'S ESTIMATE OF THE FAIR VALUE OF SUCH PROPERTY WHICH WOULD BE AN ACCEPTABLE , PRICE FOR SUCH PROPERTY. • 3, THE COUNCIL AND GRANTEE SHALL HAVE A PERIOD OF SIXTY (60) DAYS AFTER THE RECEIPT BY THE CITY OF GRANTEE'S INVENTORY IN WHICH TO AGREE UPON THE FAIR VALUE OF GRANT EE °S PROPERTY; SHOULD9 THE COUNCIL - AND GRANTEE BE UNABLE TO AGREE'WITHIN SUCH PERIOD, THE FAIR VALUE SHALL BE DETERMINED BY A BOARD OF ARBITRATION CONSISTING OF THREE MEMBERS TO BE APPOINTED AS FOLLOWS: ONE MEMBER TO BE APPOINTED BY GRANTEE r , WITHIN THE PERIOD OF,FIF ?EEN (15) DAYS FOLLOWING THE EXPIRATION OF THE AFORE- ^ SAID 1SIXTY -DAY PERIOD, ONE MEMBER TO BE APPOINTED BY THE COUNCIL; _ WITHIN THE PERIOD OF FIFTEEN (15) DAYS FOLLOWING THE EXPIRATION OF THE AFORE- . � ` SAID SIXTY —DAY PERIOD, AND THESE TWO SO APPOINTED SHALL, WITHIN FIFTEEN DAYS 4 - (15) THEREAFTER, APPOINT THE THIRD ARBITRATOR, WHO SHALL BE A TEXAS REGISTERED PROFESSIONAL ENGINEER. IF THE GRANTEE SHALL EITHER FAIL TO _ - FURNISH TO THE CITY JHE AFORESAID INVENTORY AND MAPS WITHIN' THE - SPECIFIED - _ PERIOD OR ~FAIL TO APPOINT ITS ARBITRATOR WITHIN THE SPECIFIED FIFTEEN —DAY . -• - ° PERIOD, •THEN THE COUNCIL MAY APPOINT THE ARBITRATOR FOR GRANTEE. IF THE TWO iARBI7RAT ORS °SHALL FAIL TO AGREE UPON AND APPOINT THE THIRD ARBITRATOR� WITHIN•THEaSPECIFIED FIFTEEN DAY `PERIOD, THEN UPON WRITTEN APPLICATION •• BY THE COUNCIL THE THIRD'ARBRITATOR MAY BE APPOINTED BY ANY QUALIFIED - ° AND ACTING JUDGE OF THE DISTRICT COURT OF THE UNITED STATES ASSIGNED TO , , THE CORPUS CHRISTI DIVISION,• SOUTHERN• DISTRICT OF TEXAS, TO WHOM THE -. - COUNCIL MAY APPLY FOR SUCH APPOINTMENT; AND IF ANY SUCH DISTRICT:000RT,'• ' JUDGE OF THE UNITED STATES SHOULD FAIL TO SO ~APPOINT THE THIRD ARBITRA- TOR WITHIN F.I FTEEN (15) DAYS AFTER SUCH .APPLICATION IS FILED, 'THEN UPON , .: WRITTEN APPLICATION BY THE COUNCIL THE THIRD ARBITRATOR MAY BE APPOINTED - • BY ANY QUALIFIED AND ACTING JUDGE OF ANY DISTRICT COURT OF NUECES COUNTY, - TEXAS, TO WHOM THE COUNCIL MAY APPLY FOR SUCH APPOINTMENT; PROVIDING SUCH APPLICATION BE MADE IN THE ORDER OF THEIR CREATION AS THE DISTRICT COURTS , - OF NUECES COUNTY, THE DECISIONOF THE BOARD OF ARBITRATORS,fOR•A MAJOR— - ITY THEREOF, SHALL BE MADE WITHIN FORTY —FIVE DAYS AFTER THE APPOINT- ` MENT OF THE THIRD ARBITRATOR; IN THE EVENT THE BOARD OR A MAJORITY THERE— ' OF, FAILS TO MAKE A`DECISION WITHIN SUCH PERIOD, NEW ARBITRATORS SHALL- , BE CHOSEN IN A LIKE•MANNER AS IF NONE HAD BEEN PREVIOUSLY SELECTED. " THE COST OF THE ARBITRATOR APPOINTED BY THE CITY SHALL BE PAID BY THE CITY AND THE COST OF THE ARBITRATOR APPOINTED BY GRANTEE SHALL BE PAID BY GRANTEE, AND THE COST OF THE THIRD ARBITRATOR SHALL BE PAID ONE —HALF " ;• - BY THE CITY AND ONE —HALF BY THE GRANTEE. -' UPON THE DETERMINATION OF THE FAIR VALUE EITHER BY AGREE MENT OR 13Y AID BOARD �-OF ARBITRATORS, THE CITY SHALL BE ALLOWED A 'PERIOD OF SIXTY (60) DAYS FOR DETERMINATION OF WHETHER OR NOT THE CITY - COUNCIL SHALL SUBMIT TO THE PROPER AND QUALIFIED VOTERS OF- THE CITY THE - - PROPOSITION OF WHETHER OR NOT THE CITY SHOULD ACQUIRE THE PROPERTY SO SUBJECT TO PURCHASE BY THE CITY, AND ISSUE BONDS IN SUFFICIENT AMOUNT - - TO PAY THEREFOR, AND IN THE EVENT THE COUNCIL'SHALL DETERMINE TO SUB— ' MIT SUCH PROPOSITION TO THE OUALIFIED VOTERS OF THE CITY, SUCH ELECTION c SHALL BE HELD WITHIN SIXTY (60) DAYS FROM THE DAiE OF SUCH DETERMINATION. • ' 5. IN THE EVENT THAT SUCH PROPOSITION SHALL CARRY AND THE ISSUANCE OF BONDS BE AUTHORIZED, THEN THE CITY SHALL HAVE NINETY (90) ` ''12 }" DAYS WITHIN WHICHy TO SELL; HUL'H 86MD5 AND TO' HAVE AVAILAABLE THE PROCEEDS - THEREOF FOR THE PURCHASE OF SAIb PROPCHTY "AND BE ABLE TO CWkETE THE - PURCHASE OF SAID PROPERTY. 6. THE TIMe FOR ACTION 84 EITHEi;r PARTY IN ANY INSTANCE SHALL SE EXTENDED FOR SUCH PERIOD AS SUCH PARTY MAY BE RESTRAINED BY JUDICIAL A " SECT I ON' 29. EACH OF THE PROVISIONS HEREOF IS ACCEPTED BY 1 GRANTEE' AS A CONDITION OF THE GRANT, AND UPON THE FAILURE OF GRANTEE >. AT ANY TIME TO COMPLY WIYH THE TERMS HEREOF, THE: COUNCIL, UPON COMPLI ` ANCE WITH THE FOLLOWING PROCEDURE, MAY, BY ORDINANCE,y FORFEIT THIS FRANCHISE.' THE COUNCIL MAY FORFEIT THIS' FRANCHISE ONLY AFTER NOTICE - •• AND HEARING AND DETERMINATION AS "A FACT THAT GRANTEE HAS FAILED TO COM PLY WITH A CONDITION OF THIS FRANCHISE., SUCH NOTICE SHALL STATEr WHEREIN' „ - GRANTEE HAS FAILED TO COMPLY WITH Tile TERMS OF THIS FRANCHISE, OR WITH ,. ` THE REQUIREMENTS dF THE CHARTER OF THE CITY AND THEMORDINANCES'AND .a ~• REGULATIONS ADOPTED THEREUNDER, AND THE PLACE AND DATE OF THE HEARING BY THE COUNCIL, WHICH SHALL BE NOT LESS THAN THIRTY (30) DAYS FROM'THE,- : DATE OF THE NOTICE. AT SUCH HEARING, THE COUNCIL SHALL HEAR EVIDENCE FROM BbTH THE CITY AND "GRANYEE AND FROM•SUCH EVIDENCE DETERMINE AS Aj ' FACT WHETHER GRANTEE HAS FAILED TO COMPLY WITH ANY•TERMS OF THIS FRAM: CHISE. SUCH DETERMINATIION SHALL BE MADE BY ORDINANCE OF THE GOUNGIL. IF THE COUNCIL DETERMINES THAT THIS -FRANCHISE SHOULD BE FORFEITED, THE - `SAME SHALL TERMINATE SUQJECT TO THE RIGHT OF GRANTEE, WITHIN SIXTY (60) { ,•, DAYS AFTER THE FINAL PASSAGE OF THE ORDINANCE SO DETERMINING TO EXERCISE F EITHER' OR BOTH OF TAE FOLLOWING RIGHTS.— (A) TO COMPLY WITH THE TERMS OR PROVISIONS OF THI'S FRANCHISE OR THE CHARTER OR ORDINANCES OF THE CITY FOUND~BY THE COUNCIL TO HAVE BEEN VIOLATED, AND UPON SUCH COMPLIANCE," , THIS FRANCHISE 'SHALL BE REINSTATED AND THE ORDER -OF FORFEITURE NULLIFIED, ; i, AND. (B) TO FILE AN ACTION IN THE.APPR'OPRONTE COURT HAVING JURISDICTION FOR THE PURPOSE OF HAVING SUCH FAILURE JUDICIALLY DETERMINED.' UPON 13 ` . THE FI•LiNG OF SUCH ACTION, THE FORFEITURE SHALL BE ,AUSPENDED DURING THE' "• ' PENDENCY OF SUCH'ACTION, FOR A PERIOD OF SIXTY (6O) DAYS OR SUCH LATER DATE ' - - - AS AGREED UPON+ BY =.THE: CITY AND- GRANTEE. - - - ` $ECTIGN•'9.; THE;]GRANTEE HEREIN SHALL HAVE THE RIGHT TO APPEAL TO THE CITY COUNC+L•ANY ACT, OR .OMISSION, DECISION OR ORDER OF ANY REPRESENTATIVE �--`• �- OF THE CITY WHICH MAY •AFFECT, ITS RI GHTS,. DUTIES OR OBLIGATIONS HEREUNDER,,' NOTICE OF SUCH APPSALtSjiAL«L BE IN WRITING AND DELIVERED TO THE CITY SECRE- TARY 'W ITHIN•FIFTEEN :(•15) DAYS.AFTER,SUCH,ACT, F DECISION OR ORDER. SECT IOWT a PU�PT,JON,- PROV.JSJONS., THE CITYjv ATe-:TTS;OPT-ION AT ANY TIME OR TIMES, AFTER ACQUISITION ^ OF THE §YSTEMOF:HOJJSTON. NA4URAL,.GAS, CORPORAT ION, WITHIN EITHER OR BOTH , THE'SOUTH OR` CENTRAL: AREA• COVERED -BY THIS FRANCHISE, PRIOR TO THE EXPIRA T ION -OF TIOS :FRANCH I SEj MAY. PURCHASE THE •GAS -DI STR I BUT I ON SYSTEM OF SOUTH- ERN COMMUNITY GA-8: COMPANY, WITHIN THE :SAME AREA OR AREAS (OR ITS SUCCESSORS ' OR ASSI.6NS RECEIVING.SUCH,FRANCHISE.), HEREIN CALLED "GRANTEE", UPON THE • - TERMS'AhkD - CONDIT IONS HERE I-NAFTER -SET OUT: ' - - A: PROPERTY E ,THE. PROPERTY COVERED -BY Tk11S_OPTION DURING THE TIME WHEN SUCH OPTION ' MA'Y'BE' EXtRCISED- SHALL_INCLUDE THE FOLLOWING: • (1)• ALL GAS MAINS THEN] OWNED AND USED BY GRANTEE IN ITS ' DISTRIBUTIOW SYSTEMS> WITHIN, THE CITY OF CORPUS CHRISTI, WITHIN THE AREAS - COVERED BY THIS FRANCHISE =_' (21 ALL GAS- MAINS THEN OWNED AND USED BY GRANTEE IN ITS OIS- TRIBUTION $,YSTEMS OUTSIDE THE CITY OF CORPUS CHRISTI WHEN SUCH GAS MAINS - _ ARE DIRE@TLY,CONNECTED TO AND DEPENDENT FOR GAS SUPPLY UPON GRAaTEE'S,GAS •MAINS LOCATED JN$10E TdHE •AREAS OF THE CITY DESCRIBED IN (1) ABOVE. l - (3) ALL.G*S APPURTENANCES THEN AFFIXED OR CONNECTED TO td GAS - *XrNS •DETA.rL£D :[N AND (2) - ABOVE, INCLUDING REGULATORS, VALVES, F'ITTINGS - 'AND 'METERS. •• - - - - - - , ! . - . , ALL EASEMENTS •AND• RIGHTS OF WAY. THAT ARE THEN OWNED` I5Y GRANTEE •, "AND WHICH'ARE•USED EXCLUSI-VELY IN •THE OPERATION OF THE GAS MAINS DEFINED IN ' - '(1) AND.(2) ABOVE.- NO„VALUE,SHALL BE,ALLOCATED TO EASEMENTS ACQUIRED BY GIFT. , - - (4A)i OFFICE•OUILD•JNG . AND ALL FACILITIES AND EQUIPMENT INCIDENTAL THERETO. ` (5) SUCH ADDITIONAL ITEMS OF PROPERTY -AS MAY BE MUTUALLY = ` - AGREED UPON IN WRITING BETWEEN THE CITY AND GRANTEE. 1 •r (6) FOR ALL PURPOSES HEREIN "GAS MAIW3" ARE DEFINED TO .. MEANp AND SHALL MEAN, ALL GAS FEEDER AND GAS DISTRIBUTION POPE LOVES THAT ^ < ARE, NORMALLY OPERATED BY GRANTEE AT INLET PRESSURES UP To 25 P.S.I.G.4AND NORMALLY HAVING INLET PEAK LOAD OPERATION UP TO 60 P.3.I.G.g AND BEING LOCATED ' '•:BLAND FOUND. IN THE AREAS SPECIFIED IN AND ASOVEo`',.-. - -, •' A' - . f THIS DEFINITION S"ALL•NEITHERSBE CONSTRUED TO INCLUDE ANY OF t - GRANTEES GAS MEASUREMENT AND DELIVERY` FACILITIES THEN FUNCTIONING AS CITY GATE - STATIONS AND /ORIAS INDUSTRIAL DELIVERY ,STATIONS NOR BE CONSTRUED'TO INCLUDE ANY GAS PIPE LINES THEN OPERATED BY GRANTEE AS GAS TRANSHIS31ON LINESg INDUSTRIAL - " '• GAS TRANSPORT LINES, OR INDUSTRIAL GAS DELIVERY LINES. "INDUSTRIAL" CUSTOMERSy AS USED HEREIN MEANS CUSTOMERS HAVING AN ANNUAL AVERAGE CONSUMPTION OF AT LEAST.'',`. 500,000 CUBIC FEET PER DAY. g 7' c -- ,. ALL ASSIGNABLE CUSTOMER COMTRACTSy SECURITY DEPOSITS, AND _ ACCOUNTS RECEIVABLE OF CUSTOMERS LOCATED IN THE AREAS ABOVE- DESCRISED WHO ARE THEN BEING SERVED BY GRANTEE OTHER THAN INDUSTRIAL• CUSTOMERS. _ ' ••,_c8' No PART OF GRANTEES INDUSTRIAL GAS SYSTEM OR ANY OF ITS CONSTRACTS WHICH PROVIDE FOR THE SALE OF GAS FOR INDUSTRIAL PURPOSES SHALL BE INCLUDED WITHIN THE TERMS OF TNPS OPTION, IT BEING +INTENDED THAT •GRANTEE SHALL -- CONTINUE TO OPERATE ITS INDUSTRIAL £GAS SYSTEM AND TO SELL GAS FOR INDUSTRIAL : - PURPOSES 6/ITHIN THE THEN CITY LIMITS UNDER SUCH FRANCHISE AS MAY FROM TIME TO TIME BE GRANTED TO GRANTEE. '• ' ` - __ i� - !_ . .. - A'•, _._ (9)�IN THE EVENT THE CITY DOES PURCHASE THE PROPERTIES OF THE GRANTEE AS DESCRIBED HEREINg THE GRANTEE SHALL ASSIGN TO THE CITY ALL OF THE GRANTEE'S • RIGHTS TO USE - THE•STREET$ or THE CITY FOR A•NATURAL`GAS SY• STEM OTHER - S _ . _ THAN THE RIGHTS OF THE GRANTEE TO OPERATE A, GAS DISTRIBUTION SYSTEM FOR THE`•; - PURP03E.OF SERVING INDUSTRIAL CUSTOMERS AND FOR THE TRANSPORTATIDN'OF•GAS FOR ANY PURPOSE THROUGH THE CITY.-" e95e S -0. OPTI ON JIR KE THE PRICE TO BE PAID FOR SUCH PROPERTY, FOR PURP61%0 OT THIS OPTI ON,,SHA" 8f THE SUM O.FS - •' i - _ -- - • . - - (1 THE FA 1 R AND R£A'BONABL£ VA1U� OF .ITEMS '(1 THROUGH t (6) ASonar INCLUSIVE, WHEN USED FOR THE PURPOSX FOR VHION IT °,WAS INT-EJNDIM, -, DETERMbMED -A* OF THE ;DA T -E OF TiiE ~I*VENTOR;Y'ME�R E.I MAT Bit MEMTIONAD. DUE - ` REGARD 3HA.LL BE GIVEN TO THE PH'YSIrA.L- C(SNOI'T.ION OF •HUGH PROPERTY, BUT NO ' - - •, - ALL'OWA'NCE l6AL•L .BE 'MADE :FOR „GOJNG ;CORCERN," n'P"urmI3E ", OR -GOOD IWI'41- ^.LUE; *,('P) THE BOOK CAST OF A:L•L :A3ID'1 TJ DNS :AND .ItIP.RPVEMENTB ;NApE ITO ' • - SUCH PROPERTY BUBSEQIIENT TO Tq£ iDATE' OF THE INVENTORY ANO ,PRIOR TO THE CON- •• - 3UMMAT'I'ON OF THEPURCHASEy THE -BOOK VALUE •,OF ,AC=UNTS •RfX91 VAH1:E 'TAKI NG -tNTO A.CooUR'I' - SECURITY•DEPOSJTS OF COSTOMERS'XOCAT6EO 'IN THE AREAS COVF,•REO- 'BY::THIS OPTION VJIO ARE THEM BEING:SiERNWO'BY r*kNTIIEo - - - C. P,ROQE4GJE M .., r' -:b, a - '(1) IT THE 'XI TY-'ELECT3 7`0 EJF£RCISE CTS TO DUY•.AUCH - - _- PROPERTY. 'THE fcITY BHA LL, AT .HOME •TIME PRI,GR TO -T -HE £XPI :RATION OF''THIS FRANCHI-SE_ 6 I•VE WOT I - CE -TA GRANT;EE,IN WHITING THAT THE- ,CI-TY CONTEMPLA-T -VS THE ACQUISITMON'OF SUCH 7110P&R.TYo- - - •- - j2). kwI- T;HAN'SJ�C(TYL�'�(�i]OJ DAY6'FRPMMECEIPT OF:SUCH NOTICE,:i - 'GRANTEE -,SHALL 'SUBMIT TO -THE CITY I TS �Of.TER*tNAT /ON OF THE FA I R AND IREASOo4ktiE i *VALUE OF .SUCH 'RROPERTL'•, •ACCOMPANI HD BY :A -K4tP :QR MAPS 'AHGWtNG THE - LOCATIONS lOF .SUCH 1PROP.$i-TUES, '-TGGI; -T•HER WITH -A Ssjnw' ay INVENTORY, OF THE VARIOUS VT%*S QONPR 4SING ITEMS THliGUGH '(��y hN'GLU31 VEy OF SUBH'P-ROPERTY. ' ,I:N -THE :EVENT NO A :GREE•MENT IS +REACHED AS TO THE FA I R • a. s - '•AND•RMIONABLE VALUEtOF THE :PROPSRT.Y VIT #IN SIXTY:( DAYS AFTER RECEIPT OF - GRANTEE �3 PROPOSAL -AND :0LiMMTOR.Y•� OR �Y EARL'IER •AGREEMENT OF THE PARTI ES,y 'AN INDEREMDE•NT "ENGINEER PNG,OR VALUATION-FRRM SHALL BE 'ENGAGED TO MAKE AN - A'PPRAIS'AL -OF SUCH VALUE-OF -.THE PROPERTY rREPORTED IN SAID INVENTORY.'' -A_ r F SUCH INDEPENDENT ENGINEERING OR VALUATION FIRM SHALL BE SELECTED_' - BY A MAJORITY VOTE OF A COMMITTEE OF FIVE PERSONS, TWO OF WHOM SHALL BE NAMED BY THE CITY AND TWO BY THE GRANTEE, THE' FIFTH MEMBER SHALL BE SELECTED °•a,�' "' -. i • BY A MAJORITY VOTE OF THE OTHER FOUR MEMBERS OF THE COMMITTEE, ''SELECTION OF COMMITTEE MEMBERS AND•ENGAGEMENT OF SUCH ENGINEERING OR VALUATION FIRM - .SHALL BE COMPLETED NOT -LATER THAN NINETY -(90) DAYS AFTER THE ABOVE MENTIONED INVENTORY IS DELIVERED. - - - - - THE ENGINEERS, OR VALUATION FIRM, IN ARRIVING AT THE VALUE OF "••.'` THE INVENTORIED PROPERTIES, SHALL BE GOVERNED BY THE FOLLOWING: "- - - - (A-). THE FAIR VALUE OF TH E` INVENTOR] ED PROPERTIES SHALL - - - BE THE THEN REPLACEMENT COST,-LESS DEPRECIATION. (8). DEPRECIATION AS USED HEREIN MEANS OBSERVED DEPRECIATION. ° "• ` . - -• THE CITY SHALL NOT BE REQUIRED TO PURCHASE, AND THE GRANTEE SHALL - HAVE THE RIGHT TO REMOVE ANY METERS,OR REGULATORS INCLUDED IN THE PROPERTIES SUBJECT TO THE OPTION WHICH, IN THE OPINION OF THE INDEPENDENT ENGINEERS, - OR VALUATION FIRM, ARE DEEMED TO BE OBSOLETE. t .THE ENGINEERING OR VALUATION -FIRM SHALL MAKE ITS REPORT TO SUCH,, - - • COMMITTEE WITHIN THIRTY (30) DAYS AFTER ENGAGED, AND UPON APPROVAL OF A . MAJORITY OF THE MEMBERS SUCH APPRAISED VALUE SHALL BE•ACCEPTED BY BOTH THE CITY AMC-) THE GRANTEE AS THE VALUE OF THE PROPERTIES INCLUDED IN SAID INVENTORY. - - • �'•l � IN THE EVENT `THE "APPRAISED VALUE REPORTED TO THE COMMITTEE , IS NOT APPROVED BY A MAJORITY "OF THE MEMBERS, ANOTHER ENGINEERING OR VALUATION _ FIRM SHALL, WITHIN THIRTY (30) DAYS AFTER THE FIRST REPORT IS RECEIVED, BE SELECTED IN THE SAME MANNER AS THE FIRST FIRM AND FOR THE SAME PURPOSE TO •• REPORT WITHIN THIRTY (30) DAYS AFTER 'ENGAGED. �� 7-, (5J IF THE SECOND'APPRAISEDYVALUE IS NOT APPROVED BY A MAJORITY OF THE COMMITTEE WITHIN FIFTEEN (15) DAYS AFTER REPORTED,` THEN WITHIN FIVE (51 DAYS THEREAFTER AN AVERAGE OF THE TWO APPRAISED VALUES SHALL BE - DETERMINED BY THE COMMITTEE AND REPORTED TO THE PARTIES AS'THE VALUE OF THE PROPERTIES INCLUDED IN SAID INVENTORY; • (6) �TO,THE VALUE 0: THE PROPERTIES REPORTED IN THE INVENTORY - - FURNISHED TO THE CITY, HOWEVER DETERMINED,�THERE SHALL BE ADDED OR SUB- . '_TRACTEO AS THE CASE MAY BE. _ -' • r- - (A) THE BOOK COST OF ALL AOOITIONS AND IMPROVEMENTS TO • SUCH PROPERTY MADE SUBSEQUENT TO THE DATE OF THE INVENTORY AND PRIOR TO -' - -' - THE•CONSUMMATION OF THE PURCHASE; AND - - (B) ALL NET CHANGES IN THE BOOK VALUE OF THE ACCOUNTS RECEIVABLE AND SECURITY DEPOSITS OF CUSTOMERS-LOCATED IN THE AREAS COVERED BY THIS OPTION WHO ARE THEN BEING SERVED BY GRANTEE. " s (7J THE COST OF THE FIRST APPRAISAL SHALL BE BORNE BY THE CITY; THE COST OF THE SECOND APPRAISAL, IF REJECTED BY LESS THAN *A UNANIMOUS VOTE, SHALL -BE BORNE BY THE-PARTY WHOSE REPRESENTATIVES CONSTITUTE A MAJORITY OF— THE MEMBERS WHO DISAPPROVE OF THE APPRAISED VALUE; IF THE SECOND - APPRAISAL 13 REJECTED UNANIMOUSLY BY THE +CITY AND GRANTEE'S REPRESENTATIVES, THE COST , • THEREOF SHALL BE BORNE EQUALLY BY THE CITY AND,THE GRANTEE. COPIES OF ALL ° VALUATION AND COMMITTEE REPORTS SHALL BE SUBMITTED TO ALL PARTIES. " (S) UPON THE DETERMINATION OF THE VALUE OF THE PROPERTIES AS OF THE INVENTORY DATE, THE CITY COUNCIL MAY CALL AN ELECTION AND SUBMIT e TO THE PROPER AND QUALIFIED~ VOTERS OF THE CITY, AT SUCH ELECTION, THE - •PROPOSITIONS OF WHETHER THE CITY SHOULD ACQUIRE THE PROPERTY SUBJECT TO THIS OPTION AND ISSUE BONDS SUFFICIENT TO PAY THEREFOR. - - SUCH ELECTION MAY BE HELD WITHIN NINETY (90) OATS FROM THE DATE OF THE DETERMINATION OF THE VALUE OF THE PROPERTIES AS OF THE INVENTORY DATE. ".?',`'',a• PROMPTLY AFTER SUCH EO.- ECT"OON, OR PROMPTLY AFTER THE DETERMINATION - OF THE VALUE OF THE PROPERTIES AS OF THE INVENTORY DATE IF THE CITY COUN- CIL DOES NOT CALL AN ELECTOON, THE CITY SHALL NOTIFY THE GRANTEE AS TO - „ WHEI`HER OR•NOT A TWILL PURCHASE •THE �PROPERTIES. BN THE EVENT THE CITY -' SHOULD DECIDE TO PURCHASE THE PROPERTIES, THE PROPERTIES WILL BE CON— - - ` VEYED BY THE yGRANTEE .HEREIN TO THE "CITY AND PAID FOR - BY~THE CITY AS SOON r AS PRACTICABLE. IN THE EVENT THAT "THE CITY DOES NOT EL•ECT`TO EXERCISE 'ITS - " •'' OPTION TO a BUY SUCH'PROPERTY WITRIN.THE TIME LAND ON THE MANNER HEREIN w ,PROVIDEDI OR IN THE EVENT THAT SUCH OPTION IS EXERCISED AND THE SALE AND PURCHASE 13 NOT COMPLETED BY PAYMENT OF THE FULL PURCHASE PRICE W1THlN ONE AND ONE —HALF. YEARS FROM THE GIdONG "OF N0410E 'UNDER PARAGRAPH -'C HEREOF,= "OR WITHIN ANY EXTENSION OFVSUCH TOME BY REASON OF ANY EVENT i• EXTENDING SUCH PERIOD AS HEREIN PROVIDED,,' THEN SUCH OPTOON AND .ALLI - ' RIGHTS "OF THE CITY* TO, PURCHASE SUCH PROPERTY AND THE OBLIGATION OF THE - GRANTEE TO SELL'SAME SHALL BE OF NO FURTHER FORCE AND EFFECT, (10) + "'FAiLURE,OF THE GRANTEE TO TIMELY MAKE AND FURNISH THE +.•��' INFORMATION, PROVIDED FOR IN (2) ABOVE, OR TO MAKE THE APPOINTMENT OF ITS COI MIT TEE -MEN AS PROVIDED FORM IN (3).ABOVE,-'OF REQUIRED, SHALL CONSTITUTE 'i �;,`•.`-•` A DEFAULT HEREUNDER.. .'ON THE EVENT OF SUCH DEFAUL4, THE COTY IS HEREBY ,,AUTHORIZED, AT THE CO3T AND EXPENSE OF GRANTEE, TO'EMPLOY AN ONDEPENDENT ENGINEER 196 OR VALUATION FORM •TO PREPARE JA CORRECT INVENTORY AND APPRAIS— `AL'OF THE VALUE OF'SUCHwPROPERTY.- `'SUCH APPRAISED VA;.UE�:SHALL BE ACCEPTED 'BY BOTH THE CITY "AND•THE ^GRANTEE A3 ,THE VALUE OF SUCH , PROPERTIES. TINE 13 AGREED TO BE OF THE ESSENCE IN COMPLYING WITH ` ' THE PROCEDURES 'OUTLINED HEREIN] HOWEVER, THE TIME FOR ACTION BY EITHER PARTY SHALL•.BE PXTENDED'FOR SUCH PEROOD'AS ('I) IT MAY BE RESTRAINED BY - • - - . { %; :.y j,;.r !r'. ,'.p:,'`',•- '',WSJ ", . -, • . JUDICIAL 6eCREE,V(2) PER OS DELAYED BY 'ACTS OF GOD OR FORCE " t _ ?';MAJEUREy PERFORMANCE IS PRECLUDED18 THE PRESENCE OF A•PEROOD OF i 'Ni_:rr.. _ .TIME PERMITTING NO CONTRACT BY RESTRICTIONS OF THE CITY CHARTER. ''•a• "-' r °Z. - = (12) IN THE EVENT THAT THE COMMITTEE PROVIDED FOR UNDER PARA— - - •1 aa¢e 1, J�j• 'S •• -_�^ arr: -w � a,Y _ :t '. .. � - .� ,..i, •• . *Mf .i -, - -, t. •- . GRAPH. (3) ABOVE SHALL FAIL OR REFUSE TO ACT WITHIN THE TIME PROV 1 DED .,' •�,�_j; = ',3HEREIN, THEN SUCHtCOMMITTEE SHALL BE SUBJECT TO DISMISSAL BY EITHER PARTY AND NEW COMMITTEE SHALL YFORTHWITH BE APPOINTED FOR THE SAME PURPOSE' IN - THE SAME MANNER AND WITHIN THE SAME TIME LIMITS AS ARE HEREIN PROVIDED. - _ THE •TOTAL TI,ME•AUTHORI.ZED FOR ACTION HEREUNDER SHALL BE EXTENDED TO COM —+� •+'' _ cPENSATE • FOR ANY RESULTING LOSS OF TIME. '•ay' - •j • - J w'•{ _ , (13) GRANTEE AGREES THAT THE CITY MAY ASSIGN TO THE CORPUS CHRISTIr MUNICIPAL GAS' CORPORATION THIS OPTION JTO PURCHASE ANDY'IF'IT DOES - SO THE RIGHTS AND OBLIGATIONS OF GRANTEE AND SUCH ASSIGNEE SHALL BE CON- , . 4 • _ � Y. � _ _ _ - _ + -- STRUED AS IF THE WORD "CITY" IN THIS ARTICLE 31 OF•THIS.O OINANCE HAD _4 _ BEEN THE ` "CORPUS CHRISTI MUNICIPAL GAS %CORPORATIONO�YEXCEPT THAT THE GRANTEE WILL ACCEPT THE BONDS OF SUCH CORPORATION WITHOUT THE HOLDING OF ANY ELECTIION.. - . SECTION 32.-'NOTWITHSTANDING ANY OTHER PROVISION HBREIOF$+TH 15v >T'x'•` ^. FRANCHISE SHALL - BECOME` EFFECTIVE ONLY IN THE EVENT THAT THE CONTRACT NOW : d _ ; r ' IN EXISTENCES EXECUTED BY THE HOUSTON NATURAL GAS•CORPORATION AND THE CITY, 1 n ` AND CORPUS CHRISTI MUNICIPAL GAS�CORPORATIONp BY THE TERMS OF WHICH THE, - • , "; HOUSTON NATURAL GAS CORPORATION HAS CONTRACTED TO SELL ITS MUNICIPAL;.{. DISTRIBUTION S`(STEM •LOCATED WITHIN THE CITY OF CORPUS CHRISTI AND PARTLY- T j;�' •_ OUTSrIDE OF THE CITY, 15. NOT CONSUMMATED TO THE EXTENT OF DELIVERY OF ALL -, -; °OF SAID PROPERTY TO THE BUYER, IN SAID CONTRACT WITHIN THE TERM PROVIDED I- - „•s .,IN SUCH CONTRACT OR SUCH EXTENS•I ON THEREOF AS MAY BE AGREED UPON BY THE PARTIES `THEREIN AND "FURTHERMORE NOTWITHSTANDING ANY OTHER PROVISION OF THIS FRANCHISES THIS FRANCHISE BHA LLy TERMINATE •IMMEDIATELY ,AS TO THE RIGHT TO SERVE ANY EXCEPT "INDUSTRIAL" CUSTOMERS,VUPON COMPLETION OF ACQUISI— �' -,- fts. ;y- TION FROM HOUSTON NATURAL GAS CORPORATION OF ITS MUNICIPAL GASP DI STRIBU— - - -. TIONSYSTEM FOR BURNER TIP CUSTOMERS IN OR BOTH THE SOUTH AND/OR - -, CENTRAL AREAS WITHIN THE CITY OF CORPUS CHRISTI BY THE CITY OR ANY NON- PROFIT CORPORATION ACTING FOR THE BENEFIT OF THE CITY AT ANY TIME DURING ,r '_`'•'7 THE <PER I OD OF T I ME WH I CHry WOULD OTHERWISE BE THE TERM OF THIS FRANCH I•SED 9�'„ t.' .0 - _'i'-.9.'.. the ;F''•. AGO ^� - - ;s,_ -1.•- J - "" -4, ° -. }ai. _ , . } i1" _ � i -F L R r r -9'� , � ,±i h• - - - - - ,.Y .. - 'Y -' •- . ,a..`'s ' !:r? -' - _ - .••fin +^r:... , .`-'. __ - .. a r -, P ^ AND (Z) THE CITY COMPLIES WITH ITS OBLIGATIONS UNDER THE OPTION TO ACQUIRE I, \, •GRANTEEtS FACILITIES ON THE TERMS SET FORTH IN SECTION 31 HEREOFg AS T0_ - THE RESPECTIVE AREA OR AREAS WITHIN WHICH THE FACILITIES OF HOUSTON iq -, `i•' r NATURAL GAS CORPORATION IS ACQUIRED. THE OPTION MAY BE EXERCISED UPON : =- a• -- ` NOTICE To GRANT EE. CITY SHALL NOT BE OBLIGATED TO BUY SUCH FACT — J, i CITIES AS ARE DUPLICATIONS OF THE `FACILITIES PURCHASED FROM HOUSTON r •, NATURAL GAS CORPORATION. ONLY THOSE LINES LA -ID IN SUBDIVISIONS _HAVING > • -.� :. - - PLATS NOW ON FILE AND IN WHICH MTHE CITY OR HOUSTON NATURAL GAS CORPORA ", T'I ONn NOW HAS LINES SHALL BE CONSIDERED DUPLICATIONS. _r , t SECTION 33. THIS FRANCHISE SHALL BECOME EFFECTIVE AFTER PUBLICATION AND COMPLIANCE WITH THE PROVISIONS OF THE CITY CHARTER AND i ` F » .•f�rk ACCEPTANCE By GRANTEE WITHIN•TEN �(1O) DAYS FROM EFFECTIVE DATE. SECTION 34- �N THE EVENT THE PURCHASE OF THE GAS DISTRIBUTION_, ,. - _,FACILITIES PRESENTED THE RIGHT OF GIVING ~SERVICE TO `CUSTOMERS IN THE AREAS - 70 WHICH THIS FRANCHISE RE LATES OR TERMINATED SUCH RIGHT THEN GRANTEE SHALL�_t.- n -' NEVERTHELESS HAVE THE RIGHT TO a TRANSPORT GAS THROUGH TRANSMISSION LINES. :. Y. .' . •LOCATED` i WITH N'SAID AREAS DURING THE TERM, HEREOF SUBJECT TO THE. PROVISIONS - • REIN. AND CONDITIONS HE e *__•�'. rf -.4 - i,• _ +tom \, _ ' ,L ' r n ; ~ -JAt. �'S 3'r • }i �. < _ ,v!' t ^� ` {` a:�„ 7'i - , Ra - - • s S'• r • .q,•..ya r � - a � -y. M1•).•n,',y),{. _ SECTION 2. AT SAID ELECTION HEREINABOVE ORDERED THE FOLLOWING i • PROPOSITION SHALL BE SUBMITTED TO THE QUALIFIED VOTERS OF THE CITY OF� + _ ' - CORPUS CHRISTI, TEXASS PROPOSITION A • -• - - "SHALL' THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI - - BE AUTHORIZED TO ENACT AN ORDINANCE GRANTING TO SOUTHERN 7 - _- COMMUNITY GAS COMPANY A FRANCHISE FOR A TERM OF THIRTY (30) - k . - _ YEARS FOR THE PURPOSE OF CONSTRUCTING AND OPERATING.GAS _., • '- , - PIPES AND MAINS IN', ON', UNDER AND ALONG THE STREETS', ALLEYS', �_�';•`" �.,; _ • _ •, AVENUES AND PUBLIC PLACES OF THE CITY OF CORPUS CHRISTI', CONCERNING THE CENTRAL AND SOUTH AREAS, ALL AS PROVIDED IN THE FORM OF ORDINANCE GRANTING SUCH FRANCHISE AS SET OUT IN ORDINANCE N0. 6718 PASSED AND APPROVED BY THE CITY COUN— 'f CIL ON THE 7TH DAY OF DECEMBER; 19622" ' SECTION 3, ALL VOTERS DESIRING TO SUPPORT THE PROPOSITION - + • 1 „ AUTHORIZING AND APPROVING THE PASSAGE OF AN ORDINANCE AUTHORIZING THE �,- -r.•r- - CITY COUNCIL TO GRANT A FRANCHISE IN THOSE AREAS OF THE CITY DESIGNATED " •" •. i• ". AS THE CENTRAL AND SOUTH AREAS AS DESCRIBED ItN THE PROPOSED FRANCHISE a ' '. SET.FORTH IN ORDINANCE No: 6718 SHALL HAVE WRITTEN OR PRINTED ON THEIR -•, ' - BALLOT THE FOLLOWING WORDSC "FOR AUTHORIZING THE CITY COUNCIL TO GRANT A FRANCHISE ON THE CENTRAL AND SOUTH AREAS OF THE CITY TO SOUTHERN COMMUNITY GAS COMPANY FORIA TERM OF THIRTY (30) YEAR." ' - AND ALL THOSE VOTERS DESIRING TO OPPOSE THE PROPOSITION AUTHORIZING AND ' ,• _ APPROVING THE PASSAGE OF AN ORDINANCE AUTHORIZING THE CITY COUNCIL TO " GRANT A FRANCHISE IN THOSE AREAS OF THE CITY DESIGNATED AS THE CENTRAL' • "„ -.. „4t'y�., , ,.fir _ "• AND SOUTH AREAS AS DESCRIBED IN THE PROPOSED FRANCHISE SET FORTH IN - ORDINANCE No. 6718 SHALL HAVE WRITTEN OR PRINTED ON THEIR BALLOT' THE FOLLOWING WORDSI k GAINST AUTHORIZING THE CITY COUNCIL TO GRANT A FRANCHISE ON THE CENTRAL AND SOUTH AREAS OF THE CITY TO SOUTHERN , -; -` COMMUNITY GS COMPANY FOR A TERM OF THIRTY x 7' A (39--) YEARS." • Tfl is ^ `••ki;' . SECTION 4. FURTHERMORE, AT'SAID ELECTION HEREINABOVE ORDERED, .. • TO BE HELD ON THE 29TH DAY OF DECEMBER', 1962, -•I N THE CITY OF CORPUS CHRISTI ' THERE SHALL BE SUBMITTED TO THE QUALIFIED VOTERS OF THE CITY OF CORPUS CHRI5T1 THE QUESTION OF WHETHER OR NOT THE CITY COUNCIL' SHALL BE AUTHORIZED . "• ' TO ENACT AN ORDINANCE GRANTING TO SOUTHERN COMMUNITY GAS COMPANY A FRANCHISE .� ' . ON THE NORTHWEST AREA AS DESCRIBED IN THE PROPOSED ORDINANCE MADE A PART - HEREOF AND READING AS FOLLOWS, TO—WIT: r -3- ' : . - ..' .x .f THAT THE FOREGOING WAS READ FOR THE FIRST TIME AND PASSED TO ITS SECOND READING ON THIS THE DAY OF • + - ig SY TH! FOLLOWING VOTE1 +`' - - ?'' ' '� _ •c ' , +4. ., : BEN F.. MCDONALD TOM R. SWANTNER DR: JA'MIe L. BARNARD - _ • Jose R: DELEON f , <f M. P. MALDONADO - ° t ' .• ROD RTA JAMES H. YOUNG .3 ' f :rP ✓''h THAT THE FOREGOING ORDINANCE WAG' READ FOR THE -SECOND TIME AND ?` PA619D TO ITS THIRD READING ON THIS THE ` = DAY OF - 1 . SY THE FOLLOWING VOTE1 = ' r• 9s .�..., _ _? •` - _ � -- ®!N F. MCDONALO+ • - -" DO �0 ToM R 9 - u <1 :' % . WANTNlR :5 s' DR. JAMES L. BARNARDY � ti R. DELEON _ a• M P. MALDONADO ` W. J. RODIRTO JAMES H. YOUNG =� THAT THE FORKQOING ORDINANCE WAS�READ FOR THE THIRD T1NR•AND PAsl06D } -` FINALLY ON THIS THE DAY OF tg eY THE FOLLOWING VOTE 09N F. MCDONALD " d'- TQM R. 9WANTNERy .: DR.'JAMBS L. BARNARD ri Jose R. DILcoN D NADO_ J. Roecaro'` JAMED He YOUNGc - -�.: • r'' ,K �r i' —� a..,r re -.+. '. i .: a- ,�_ `; ,h t~e'• I e- _ PASSED AND APPROVED, TH I'S* TH6 t = A y of ® ATTEST ITT 1 R6TART e'. APPROVED AS TO LEGAL FORM TM IS - "' -" „o.,,;,..,pAY of .�..,,...,.,.�,, 1g6 e • : - - - - ' ° - _ - ; � '. _ _ , THE CITY OF CORPUS CHRI8Tfe TEXADr �r 11 -27 -62 AN ORDINANCE , + AN ORDINANCE GRANTING TO SOUTHERN COMMUNITY GAS COMPANY-THE RIGHT,'PRI•VILEGE AND FRANCHISE TO CONSTRUCT AND OPERATE GAS PIPES AND MAINS ALONG•THE,STREETS2 AVENUES, ALLEYS AND PUBLIC PLACES,OF -THE CITY OF-CORPUS CHRISTI FOR DISTRI- -; { BUTION•AND SALE OF NATURAL GAS; PRESCRIBING THE TERMS, CONDITIONS, OBLIGATIONS AND LIMITATIONS UPON AND UNDER WHICH SUCH RIGHT, PRIVILEGE AND FRANCHISE SHALL BE EXERCISED; AND PROVIDING FOR ' PUBLICATION OF THIS ORDINANCE AS PROVIDED BY THE,i, CHARTER. BE IT ORDAINED BY THE CITY COUNCIL OF,THE CITY OF CORPUS CHRISTI, TEXAS: ' .SECTION 1.' THERE IS HEREBY GRANTED TO SOUTHERN COMMUNITY L GAS COMPANY, HEREIN CALLED GRANTEE, ITS SUCCESSORS AND ASSIGNS, 'SU6— JECT TO THE TERMS AND CONDITIONS HEREOF, THE RIGHT, PRIVILEGE AND FRANCHISE , TO CONSTRUCT, EXTEND, OPERATE AND MAINTAIN, FROM TIME TO TIME AND CON- - ` TINUOUSLY DURING THE TERM HEREOF,'A'PLANT AND PIPEAGE SYSTEM, INCLUDING, - - ALL LINES, CONNECTIONS AND OTHER EQUIPMENT NEC ESSARY AND INCIDENT THERETO, , _ FOR THE DISTRIBUTION AND SALE OF NATURAL GAS TO THE - PEOPLE RESIDING IN AND - ' - - THE INDUSTRIAL, COMMERCIAL, EDUCATIONAL AND OTHER INSTITUTIONS LOCATED IN THE PORTION OR PORTIONS OF.THE CITY4 OF CORPUS, CHRISTI AS DESIGNATED AND DESCRIE'ED.IN SECTION 2 HEREOF AT SUCH RATES AS THE CITY COUNCIL OF THE - - CIYY'OF CORPUS CHRISTI SHALL MAKE, FROM TIME TO TIME, AND FOR THE TRANSPOR- TATION AND SALE BY GRANTEE OF NATURAL GAS IN, INTO AND THROUGH THE PORTION"- - OR PORTIONS OF THE CITY OF CORPUS CHRISTI DESIGNATED AND DESCRIBED IN - - SECTION 2YHEREOF, UPON, BENEATH, OVER AND 'ACROSS THE STREETS, AVENUES, _' -- THOROUGHFARES, PUBLIC UTILITY EASEMENTS, BRIDGES;e STREAMS -, ALLEYS, PARKS, -- -LANES AND SQUARES OF SAID CITY LOCATED IN THE TERRITORY DESIGNATED AND DESCRIBED IN SECTION 2 HEREOF. SECTION 2.' THE TERRITORY COVERED BY THIS FRANCHISE, HEREIN CALLED "FRANCHISE AREA ", IS DESCRIBED AS FOLLOWS, TO —WIT: - - x NORTHWEST AREA _ BEGINNING AT THE INTERSECTION OF THE W EST 'BOUNDARY OF POTH LANE AND THE NORTH BOUNDARY LINE OF UP RIVER (SHELL) ROAD; ` r THENCE IN A SOUTHWESTERLY DIRECTION ALONG AND WITH THE SOUTHEAST _ r, BOUNDARY LINE OF WESTCHESTER PLACE AND THE NORTHWEST BOUNDARY LINE - - - OF VILLA GARDENS (SAME BEING AND SOUTHEAST BOUNDARY LINE OF THE PAUL STURM TRACT) TO THE MOST WESTERLY CORNER OF SAID VILLA GARDENS (ALSO BEING THE MOST SOUTHERLY CORNER OF SAID PAUL STURM TRACT); ` THENCE IN A SOUTHEASTERLY DIRECTION ALONG AND WITH THE SOUTHWEST BOUNDARIES OF VILLA GARDENS AND OF GLEN ROYAL ADDITION TO THE MOST ''- ` "SOUTHERLY CORNER OF SAID GLEN ROYAL ADDITION, SAME BEING IN THE ' WEST BOUNDARY LINE OF OLD ROBSTOWN ROAD] THENCE IN A SOUTHERLY DIRECTION ALONG AND WITH THE WEST BOUNDARY F:�• 1 _ = LINE OF OLD ROBSTOWN ROAD TO THE CENTER LINE OF AGNES STREET '- - (ALSO KNOWN AS TEXAS STATE HIGHWAY 44); ` - THENCE WESTERLY ALONG AND WITH THE CENTER LINE OF AGNES STREET (ALSO KNOWN AS TEXAS STATE HIGHWAY No. 44) TO A POINT WHERE SAID _ LINE WOULD INTERSECT WITH THE WEST LINE OF RAND MORGAN ROAD IF - _' '- SUCH LATTER LINE WERE EXTENDED IN A SOUTHERLY DIRECTION, SAID POINT BEING ALSO ON THE SOUTH RIGHT OF WAY LINE OF STATE HIGHWAY No. 44; • THENCE IN A NORTHERLY DIRECTION WITH THE WEST RIGHT OF WAY LINE OF ^ RAND MORGAN ROAD IF SAME WERE EXTENDED SOUTHWARD, CROSSING STATE HIGHWAY N0. 44 AND CONTINUING WITH THE WEST RIGHT OF WAY LINE OF ' RAND MORGAN ROAD TO ITS INTERSECTION WITH THE SOUTHWEST RIGHT OF t WAY LINE OF A 40 -FOOT WIDE WATER LINE EASEMENT CONVEYED TO THE CITY ' OF CORPUS CHRISTI BY DEED DATED APRIL % 1954, AND RECORDED IN VOL. - >j 634, PAGE 244, DEED RECORDS OF NUECES COUNTY, TEXAS, BEING APPROXI- S 4 MATELY 645 FEET NORTH OF THE NORTH RIGHT OF WAY LINE OF THE TEXAS RAILWAY RIGHT OF WAY] - ., THENCE IN A NORTHWESTERLY DIRECTION ON A STRAIGHT LINE ALONG THE SOUTHWEST RIGHT OF WAY LINE OF SAID ABOVE DESCRIBED WATER LINE - -• - EASEMENT AND THE SOUTHWEST RIGHT OF WAY LINES OF OTHER 40 -FOOT `y !Y.•• .'�� ' �• EASEMENTS FOR THE SAME WATER LINE ACROSS OTHER TRACTS CONTIGUOUS TO THE ABOVE DESCRIBED EASEMENT AND CROSSING THE EAST LINE OF VIOLET ROAD (F.M. 24) TO A POINT APPROXIMATELY IN THE WEST LINE OF VIOLET - ROAD AND WHICH SAID LINE ALSO IS ALONG THE SOUTHWEST RIGHT OF WAY,• LINE OF AN EASEMENT CONVEYED TO THE CITY OF CORPUS CHRISTI BY INSTRU -1� MENT DATED MARCH 16, 1954, OF RECORD IN VOL. 634, PAGE 287, DEED RECORDS OF NUECES COUNTY, TEXAS,AND WHICH SAID POINT IS THE POINT AT WHICH THE , EXISTING 48 -INCH WATER LINE OF THE CITY OF CORPUS CHRISTI ANGLES OFF 1 „ IN A NORTHWESTERLY DIRECTION] - -•* - - THENCE CONTINUING ALONG AND WITH THE SOUTHWEST RIGHT OF WAY LINE OF— EASEMENTS CONVEYED TO THE CITY OF CORPUS CHRISTI, TEXAS, BY INSTRU- MENT DATED MARCH 18, 1954, OF RECORD IN VOL. 634, PAGE 291, DEED _ `} RECORDS OF NUECES COUNTY, TEXAS,'AND INSTRUMENT DATED APRIL 7, 1954, OF RECORD IN VOL. 634, PAGE 29,4, DEED RECORDS OF NUECES COUNTY, TEXAS] TO A POINT IN THE NORTHEAST BOUNDARY LINE OF A 100 -ACRE = TRACT OF LAND NOW OR FORMERLY IN THE NAME OF RUTH MERRITT AND ` ARTHUR MERRITT; r f •THENCE N. 53° W. WITH THE NORTHEAST. BOUNDARY LINE OF SAID 100 _ ACRE TRACT AND THE SOUTHWEST BOUNDARY LINE OF A 108.5 ACRE TRACT _ AND CONTINUING ALONG•THE SOUTHWEST BOUNDARY LINE OF THE HARNEY n - PARTITION AND THE SOUTHWEST BOUNDARY LINE OF A 161.15 ACRE TRACT _ - NOW OR FORMERLY IN THE NAME OF'M. W. HEARN ET AL TO A POINT IN THE ` SOUTHEAST RIGHT OF WAY LINE OF F.M. ROAD No. 1694; _ THENCE CONTINUING ALONG THIS SAME LINE CROSSING F.M. ROAD No. 1694 t - t AND CONTINUING ALONG THE SOUTHWEST BOUNDARY LINE OF CENTRAL POWER q AND LIGHT COMPANY 105.76 ACRE TRACT TO THE SOUTHWEST CORNER THEREOF, SAID POINT BEING IN THE EAST RIGHT OF WAY LINE OF -THE ST. LOUIS, y ' - BROWNSVILLE AND MEXICO RAILROAD ALSO CALLED MISSOURI PACIFIC RAILROAD) RIGHT OF WAY; THENCE CONTINUING ALONG THIS SAME LINE CROSSING THE ST. LOU15,•,';; d y BROWNSVILLE, AND MEXICO RAILROAD RIGHT OF WAY AND CONTINUING ALONG ' •• r THE SOUTHWEST BOUNDARY LINE OF A 135.68 ACRE TRACT OF LAND NOW OR -� f FOMERLY IN THE NAME OF P. M. RUSHING AND THE NORTHEAST BOUNDARY LINE ♦i. OF A 294 ACRE TRACT NOW OR FORMERLY IN THE NAME OF KITTY WOLFE ' GENTRY TO ITS INTERSECTION WITH THE EAST RIGHT OF WAY LINE OF STATE HIGHWAY No 77; ,,� -• ' A ' THENCE IN A WESTERLY DIRECTION CROSSING STATE .HIGHWAY NO. 77 AT } , RIGHT ANGLES THERETO TO A POINT IN THE WEST RIGHT OF WAY LINE OF - " STATE HIGHWAY NO. -77i ,THENCE IN A NORTHERLY DIRECTION WITH THE WEST RIGHT OF WAY L}I NE OF :•j > STATE HIGHWAY NO. 77 AS WIDENED, CROSSING F.M. ROAD 624 AND CONTINUING - ALONG THE WEST RIGHT OF WAY OF U. S. HIGHWAY N0. 77 TO ITS INTER— - -r SECTION WITH THE WEST RIGHT OF WAY LINE OF CALALLEN DRIVE; _ THENCE IN A NORTHERLY DIRECTION ALONG THE WEST RIGHT OF WAY LINE OF - CALALLEN DRIVE TO A POINT ON A LINE THAT IS 50 FEET SOUTHWEST OF AND ; - PARALLEL'TO THE SOUTHWEST BOUNDARY LINE OF RIVER FOREST SUBDIVISION; I" " THENCE IN A NORTHERLY DIRECTION WITH µA LINE THAT IS 50 FEET SOUTHWEST +' ' .< OF AND PARALLEL TO THE SOUTHWEST BOUNDARY LINE OF RIVER FOREST SUB— - DIVISION TO A POINT IN THE SOUTHE -AST BOUNDARY LINE OF A 7.07 ACRE - _ TRACT OF LAND CONVEYED TO THE CITY OF CORPUS CHRISTI; `- THENCE IN A SOUTHWESTERLY DIRECTION WITH THE SOUTHEAST BOUNDARY LINE, OF SAID CITY OF CORPUS CHRISTI TRACT TO THE MOST SOUTHERLY CORNER THEREOF; _ - - r ..p - 4 - _ THENCE IN A NORTHWESTERLY DIRECTION WITH THE SOUTHWESTc BOUNDARY LINE OF SAID CITY OF CORPUS CHRISTI TRACT TO A POINT ON THE SOUTH , SIDE OF THE NUECES RIVER, BEING A POINT ON THE LOW —WATER LINE OF , - ',THE RIGHT SIDE OF THE RIVER GOING DOWNSTREAM; THENCE DOWNSTREAM WITH THE MEANDERS OF THE LOW —WATER LINE ON THE7 RIGHT SIDE OF THE NUECES RIVER GOING DOWNSTREAM TO ITS INTERSECTION WITH THE WEST RIGHT OF WAY LINE OF STATE HIGHWAY N0. 9 NEAR THE > NUECES RIVER BRIDGE; THENCE IN A SOUTHERLY DIRECTION WITH-HE WEST RIGHT OF WAY LINE OF -• STATE HIGHWAY NO. 9 TO A POINT WHERE SAID LINE WOULD INTERSECT WITH 4 THE NORTH BOUNDARY LINE OF LOT 17 OF CALALLEN IRRIGATION GARDEN SUB — i` - - DIVISION IF SUCH LATTER LINE WERE EXTENDED WESTERLY; THENCE CROSSING STATE HIGHWAY ND. 9 IN AN EASTERLY DIRECTION ALONG 'A - LINE WHICH WOULD BE THE NORTH BOUNDARY LINE OF SAID LOT 17 OF ' • CALALLEN IRRIGATION GARDEN SUBDIVISION IF SUCH NORTHERN BOUNDARY •' - LINE OF SAID LOT 17 WERE EXTENDED WESTERLY, TO A POINT IN THE EAST RIGHT OF WAY LINE OF THE P+ iISSOURI-PACIFIC RAILROADS -, • - - THENCE IN A SOUTHERLY DIRECTION WITH THE EAST RIGHT OF WAY LINE OF ` . THE MISSOURI PACIP'IC RAILROAD RIGHT OF WAY AND THE SOUTHWEST BOUNDARY,-' -'-: -- C ' LINE OF SHARPSBURG ROAD TO THEIR POINT OF DIVERGENCE; THENCE IN A SOUTHEASTERLY DIRECTION ALONG THE SOUTHWEST RIGHT OF 1 - - - WAY LINE OF SHARPSBURG ROAD, TO A POINT WHICH WOULD BE THE INTER -1' .. 1 SECTION OF SAID RIGHT OF WAY LINE WITH THE NORTH BOUNDAR Y LINE OF • - -_ AN 8.88 ACRE TRACT OF LAND NOW OR FORMERLY IN THE NAME OF H. D. _• COUNTESS IF SAID NORTH BOUNDARY LINE OF SAID 8.88 ACRE TRACT WERE - EXTENDED WESTERLY; %: - -' THENCE CROSSING SHARPSBURG -ROAD IN AN EASTERLY DIRECTION ALONG'A LINE WHICH • WOULD BE THE NORTH BOUNDARY LINE OF SAID 8.88 ACRE -•' ' ' - TRACT OF LAND NOW OR FORMERLY IN THE NAME OF H. D. COUNTESS, IF SUCH - • .. NORTH BOUNDARY LINE WERE EXTENDED IN A WESTERLY DIRECTION, AND CON- - - ` ''• TINUING WITH THE NORTH BOUNDARY LINE OF SAID 8.88 ACRE TRACT AND THE I' ,- NORTHWEST BOUNDARY LINE OF A 67.826 ACRE TRACT OWNED BY THE CITY OF -•i - • CORPUS CHRISTI, TEXAS, TO ITS INTERSECTION WITH THE RIGHT -SIDE LOW- , _ WATER LINE OF THE NUECES RIVER GOING DOWNSTREAM; ` - THENCE IN AN EASTERLY DIRECTION WITH THE MEANDERS OF THE RIGHT -SIDE - - - LOW -WATER MARK OF THE NUECES RIVER GOING DOWNSTREAM TO A POINT,` ;I •, -, a WHICH IS THE NC'HEAST CORNER OF TRACT 7 OF THE NOAKES PARTITITION,' .- TRACT 7 IS DESCRIBED IN THAT CERTAIN DEED RECORDED IN VOL. WW,H,ICH - ,866, PAGE 290, DEED RECORDS OF NUECES COUNTY, TEXAS, AND WHICH SAID - - POINT'IS ALSO THE NORTHWEST CORNER OF TRACT 6 OF SAID PARTITION; - - THENCE IN A SOUTHERLY DIRECTION S..4' 44, W. ALONG THE EASTERN BOUN- -DARY LINE OF SAID TRACT 7 OF THE NOAKES PARTITION TO A POINT IN THE ' - - ' - NORTH RIGHT OF WAY LINE OF UP RIVER ROAD (SHELL ROAD); - THENCE IN A SOUTHEASTERLY DIRECTION WITH•THE NORTH RIGHT OF WAY - - `, f LINE OF UP RIVER.ROAD SHELL ROAD) TO ITS INTERSECTION WITH THE 1 .- - NORTH RIGHT OF WAY LINE OF PROPOSED INTERSTATE HIGHWAY NO. 37 ' - AS ESTABLISHED BY THE TEXAS HIGHWAY DEPARTMENT FOLLOWING THE PUBLIC - ,_4 - - - HEARING OF MARCH 22, 1961; ,• -, •- - - - - -- THENCE IN AN EASTERLY DIRECTION WITH THE NORTH RIGHT OF WAY LINE., - - - OF THE PROPOSED INTERSTATE HHIGHWAY N0. 37 AND WITH THE FLARES OF ITS INTERSECTIONS AND INTERCHANGES, TO THOSE POINTS IN SUCH INTER -- - - -- SECTIONS AND INTERCHANGES AT WHICH NORMAL RIGHT OF WAY WIDTH IS • REACHED ON CONNECTING ROADS ON THE NORTH SIDE THEREOF, TO THE t -{ L •''INTERSECTION OF SAID NORTH RIGHT OF WAY LINE WITH THE SOUTHEAST - - BOUNDARY LINE OF THE KATIE, -ALICE AND HELEN DUNN 110.8 ACRE TRACT,, - - - SAID POINT OF INTERSECTION LYING ON THE PRESENT CITY LIMITS LINE; ! - - -_ THENCE IN A NORTHEASTERLY DIRECTION WITH THE SOUTHEAST BOUNDARY LINE " - OF THE KATIE, ALICE AND HELEN DUNN 110.8 ACRE TRACT AND THE SOUTH --- - ° -• EAST BOUNDARY LINE OF THE MARY DUNN MEANY 30 ACRE TRACT AND CON- _ - TINUING ON SUCH COURSE AND CROSSING UP RIVER ROAD (SHELL ROAD) ON f THE SAME COURSE TO A POINT IN THE NORTH BOUNDARY LINE OF SAID ROAD; - THENCE IN A SOUTHEASTERLY DIRECTION WITH THE NORTHEAST • LINE OF UP RIVER ROAD SHELL RIGHT OF WAY' ROAD) TO ITS INTERSECTION .' EAST BOUNDARY LINE OF AN 87.71 WITH THE r l - ACRE TRACT OF LAND NOW OR FORMERLY THE NAME OF CORPUS CHRISTI GOLF AND COUNTRY CLUB; IN 'LINE THENCE IN A NORTHERLY DIRECTION WITH THE EAST BOUNDARY 87.1 7 -THE OF ' ' ACRE TRACT TO SOUTHWEST CORNER OF A 5,37 ACRE FORMERLY IN THE 'NAME SAID TRACT NOW OR - OF ALV I N HERSER I CK; • -, I- ,- t' .. _THENCE IN AN' EASTERLY DIRECTION WITH THE SOUTH BOUNDARY SAID 5.37 LINE OF ' _ - ACRE TRACT TO A POINT IN THE WEST RIGHT OF WAY CANTWELL LANE; - •G LINE OF " _ - - THENCE IN A SOUTHERLY DIRECTION WITH THE WEST RIGHT OF WAY LINE IOF^ CANTWELL LANE ♦' " , - '• TO ITS INTERSECTION WITH THE NORTH RIGHT OF WAY LINE UP RIVER ROAD SHELL ROAD; OF _ THENCE IN 'AN EASTERLY DIRECTION WITH THE NORTH RIGHT OF UP RIVER ROAD (SHELL ROAD) WAY LINE' -OF TO THE PLACE OF BEGINNING. _ IV , c.. fit.` .. - a - ♦ _ ./ ' . •. i S% ` - , 'q •:'y� SECTION 3. TH 15 FRANCH I BE SHALL REMAIN I N FORCE FOR A :Y PERIOD OF TWENTY -SEVEN (27)'YEARS FROM THE DATE OF ITS ACCEPTANCE BY �'`,: "•a. -'- _ GRANTEE, WHICH ACCEPTANCE SHALL BE MADE AS HEREINAFTER PROVIDED.'-_``' , ' SECTION 4. AS PART OF THE CONSIDERATION FOR THE GRANTING -t OF THIS FRANCHISE, GRANTEE SHALL `PAY TO THE CITY ANNUALLY, DURING THE PER I.ODOF THIS FRANCHISE, ".TWO (2,%) PERCENT UPON ITS ANNUAL GROSS RE— CEIPTS FROM THE eSALE OF IGAS AT SALE DELIVERY POINTS LOCATED WITHIN 'THE `.e rl,ti•"° FRANCHISE AREA, SUCH PAYMENT` TO BE MADE ON OR BEFORE •SIXTY (60) DAYS ' t: . - •, ' ` ' ,: ., , ; '• .; ".S - .rim: y - , . d "�: .,'t: _ AFTER THE ,END�OF -EACH, CALENDAR YEAR. - x�� 4' SECTION 5 -. ON OR BEFORE SIXTY (60) DAYS AFTER +THE •CLOSING i,- , }•'�~ OF EACH CALENDAR`YEAR DURING THE LI FT OF THIS FRANCHISE, GRANTEE SHALL - -.'• ••!• FURNISH TO THE COUNCIL AaWRITTEN STATEMENT SHOWING ITS GROSS .RECEIPTS FROM THE SALE OF GAS WITHIN THE wFRANCHISE AREA FOR THE PREVIOUS CALEN —" .. - ^DAR'YEAR, AND SIMULTANEOUSLY GRANTEE SHALL MAKE PAYMENT TO THE CITY ','•�,' ., • •� OF THE TWO (2 %)'PERCENT OF THE GROSS RECEIPTS AS PROVIDED FOR-IN THE PRE — •. rY,� CEDING SECTION. THE BOOKS OF GRANTEE SHALL BE SUBUECT, AT FALL TIMES, TO INSPECTION BY THE COUNCIL AND OTHER AUTHORIZE , D Cl T F 1 OF C,I ALS >• SECTION 6. 3SUBJECT TO THE PERFORMANCE BY ITOF ALL OBLIGATIONS , ASSUMED HEREIN, THE CHARTER AND ORDINANCE S OF THE CITY, AND THE TERMS AND 'CONDITI.ONS HEREOF, GRANTEE SHALL HAVE THE RIGHT TO EXTEND, REPLACE,,, '.i '• - - AND REPAIR ITS PIPEAGE+SYSTEM NOW IN USE AND HEREAFTER CONSTRUCTED C.0 z ' ` EXTENSIVE WITH THE LIMITS OF THE FRANCHISE AREA, BUT SHALL RESTORE THE ' STREETS UPON WHICH THE PIPES ARE EXTENDED,•, REPLACED, REPAIRED OR CON- STRUCTED, PUTTING THEM IN AS GOOD CONDITION AS BEFORE. BEFORE DOING ANY WORK IN THE - STREETS, GRANTEE SHALL BE REQUIRED TO FIRST NOTIFY -THE •,�` DIRECTOR OF PUBLIC WORKS OFi ITS •INTENTION TO DO S0. ALL SUCH WORK SHALL , BE DONE UNDER APPROVED SPECIFICATIONS AND SUPERVISION OF SAID DIRECTOR - .. ray° _ „' - s-,_ . ' -• - : -r � _„ .. AND IN COMPLIANCE WITH ALL - ORDINANCES RELATING • THERETO. JO THIS E No, ,° THE •CITY HEREBY GRANTS AND CONCEDES TO GRANTEE THE RIGHT AND PRIVILEGE ? • -(; -" _ TO ENTER UPON, AND TO CONSTRUCT, OPERATE AND MAINTAIN ITS MAINS AND fit; ` PIPES IN, UPON, ACROSS AND ALONG ANY AND ALL ,OF THE STREETS, SQUARES, - t _ PARKS, LANES, PUBLIC UTILITY EASEMENTS, ALLEYS AND PUBLIC THOROUGH° , FARES OF THE CITY, AND OVER AND ACROSS ANY °STREAM OR STREAMS, BRIDGE OR ., ' BRIDGES, OWNED OR CONTROLLED BY THE CITY, WHEN APPROVED BY THE DIRECTOR OF PUBLIC WORKS, AND TO TAKE UP PAVING AND SIDEWALKS IN AND UPON SAID " STREETS, ALLEYS, AND LANESy AND OVER-AND ACROSS ANY_STREAM OR BRIDGE, " - AND TO MAKE SUCH EXCAVATIONS AS MAY BE NECESSARY,'AND TO TAKE UPy CONSTRUCT, REPAIR, REPLACEy OPERATE AND MAINTAIN ITS PIPES AND LINES -' - - IN, ALONG, OVER AND ACROSS THE SAME, SUCH RIGHTS AND PRIVILEGES BEING - " RESTRICTED, HOWEVER, TO THE FRANCHISE AREA. ALL EXCAVATIONS MADE IN•`_ {' ' ANY OF SAID STREETS, SQUARES, PARKS, LANES, ALLEYS AND _BRIDGES SHALL BE ' DONE IN SUCH A MANNER AS TO GIVE. THE LEAST IN TO THE PUBLICyV . . f ALL WORK SHALL BE DONE SPEEDILY AND ALL EXCAVATIONS AND OPENINGS SHALL BE REPLACED IN GOOD CONDITION AT THE COST AND EXPENSE OF GRANITE Ey,SAND ' ^' ' TO THE SATISFACTION OF THE DIRECTOR OF PUBLIC WORKS. GRANTEE SHALL HOLD -THE CITY HARMLESS ON ALL CLAIMS FOR LOSS DUE TO PROPERTY DAMAGE r :.: t. -'• - OR PERSONAL INJURY OCCASIONED BY THE ACTS OF GRANTEE, ITS SERVANTS, 'AGENTS, CONTRACTORS AND EMPLOYEES IN EXERCISING THE RIGHTS HEREIN GRANTED. •, ' WHEREVER FEASIBLE)'ALL PAVED STREET' CROSSINGS SHALL BE BORED OR PUNCHED I. '. - BUT NOT CASED, AND ALL PIPELINES LAID IN ANY STREET`AREA SHALL BE LAID ' -- BETWEEN THE CURB AND SIDEWALK WHENEVER IT IS,POSSIBLE TO DO SO. -I , ' SECTION 7.- IF, IN THE OPINION OF THE COUNCIL, THERE IS_AN , t " - UNREASONABLE DELAY BY GRANTEE IN RESTORING STREETS, HIGHWAYS, BRIDGES, ^ EM , AFTER EXCAVATIONS, REPAIRS AND EXTENSIONS HAVE BEEN MADE, THE CITY_'_i - SHALL HAVE THE RIGHT TO RESTORE OR REPAIR THE SAME AND TO REQUIRE GRANTEE ' - TO PAY THE REASONABLE COST THEREOF. ^" ' -' ' - - SECTION $. ALL DIRT, RUBBISHY AND MATERIAL LEFT AFTER _ THE STREETS, HIGHWAYS; ALLEYS OR OTHER PUBLIC PROPERTY HAVE BEEN RESTORED . -_ ,SHALL - OR REPAIRED BY GRANTEE BE REMOVED BY IT AT ONCE. IF, AFTER - - SUCH RESTORATION OR REPAIRING, THE PLACES EXCAVATED AND REFILLED - - BECOME DEPRESSED OR SINK BECAUSE OF WORK DONE BY GRANTEE SO AS NOT •`. TO BE IN AS GOOD CONDITION AS BEFORE THE EXCAVATIONS WERE MADE, THEN,- - _ AND IN SUCH EVENT, GRANTEE SHALL AGAIN, AND FROM TIME TO TIME, AS -,< -° NECESSARY, RESTORE SAID STREETS, HIGHWAYS OR ALLEYS SO THAT SAME , ' SHALL BE IN AS GOOD CONDITION AS BEFORE THE EXCAVATIONS WERE MADE, AND UPON GRANTEE 'S FAILURE SO TO DO, THE CITY SHALL HAVE THE RIGHT ; TO MAKE SUCH RESTORATIONS, FOR THE REASONABLE COST OF WHICH GRANTEE r~ SHALL BE LIABLE TO THE CITY. " SECTION 9. IN THE CONSTRUCTION, MAINTENANCE AND REPAIR OF ITS LINES, GRANTEE, WITHOUT EXPRESS_ CONSENT OF THE DIRECTOR OF ' PUBLIC WORKS, SHALL NOT PERMIT THE EXISTENCE AT ANY ONE TIME OF ANY ` - UNFILLED EXCAVATION OR DITCH IN EXCESS OF A_TOTAL DISTANCE OF FIVE - - HUNDRED (500) FEET, ON ANY PUBLIC STREET, ALLEY, THOROUGHFARE OR ' OTHER PUBLICa PLACE., ANY WORK BEING DONE, WHETHER EXT ENSIGNS OR REPAIRS, NECESSITATING THE EXCAVATING OR TEARING UP OF A STREET SHALL, BE DONE, WITH ALL REASONABLE DISPATCH AND IN SUCH MANNER AS NOT' TO INTERFERE UNNECESSARILY WITH THE USE OF THE STREET FOR TRAVEL. r3' SECTION io. GRANTEE HAS HERETOFORE FILED WITH THE CITY -, I t - _ ` ITS BOND AND OBLIGATION, IN THE SUM OF TWENTY FIVE THOUSAND DOLLARS 1 t ($25,000.00), CONDITIONED THAT NO EXCAVATION'SHALL BE MADE UN— 1 NECESSARILY; AND THAT ANY AND ALL EXCAVATIONS MADE OR OBSTRUCTIONS . '- PLACED IN ANY STREET, ALLEY OR PUBLIC, GROUNDS OF THE CITY, UNDER THIS - FRANCHISE SHALL AT ALL TIMES BE PROPERLY GUARDED BY GRANTEE AND ANY - j AND ALL PAVEMENTS, SIDEWALKS, AND INTERSECTIONS THAT MAY BE OPENED OR TORN UP_BY GRANTEE, SHALL BE REPLACED,- SPEEDILYy_PROPERLY ,AND SAFELY, - WITH ALL REASONABLE DISPATCH AND IN FIRST CLASS MANNER, AND SUCH -BOND} ( -4- ` • AND OBLIGATION, OR A REPLACEMENT THEREOF, SHALL BE CONTINUED IN FORCE !•. - AND EFFECT DURING THE LIFE OF THIS FRANCHISE TO COVER -THE OBLIGATIONS - - - 'IMPOSED UPON GRANTEE HEREUNDER, SECTION 11. GRANTEE, SHALL NOT IMPAIR, IN ANY MANNER THE - - NATURAL OR ARTIFICIAL DRAINAGE OF THE CITY OR ITS UNDERGROUND ,FIXTURES y' ' AND IN CROSSING ANY STREAM, CANAL OR WATERWAY WITH ITS LINES IT SHALL DO •SO IN SUCH MANNER AS NOT TO IMPAIR NAVIGATION OR THE NATURA6, DRAINAGE OF THE STREAM, AND TO THE SATISFACTION OF THE COUNCIL, > { s SECTION 12. IN MAKING EXTENSIONS OR REPAIRS TO ITS PI PEAGE 4 t - SYSTEM, GRANTEE SHALL NOT INTERFERE WITH ANY SEWER, WATER OR HEATING` , PIPES OR PUBLIC OR PRIVATE DRAINS IN ANY - STREET, HIGHWAY, ALLEY, PUBLIC ' EASEMENT OR OTHER CITY PROPERTY,. NOR SHALL THE SAME BE DISTURBED 0' - MOLESTED IN ANY MANNER EXCEPT. WITH THE CONSENT AND UNDER THE DIREC�9t• - TION OF THE - DIRECTOR -OF PUBLIC WORKS -AND DIRECTOR OF PUBLIC UTILITIES. 7 - SECTION �3,'; IFy IN LAYING 175 PIPES, GRANTEE COMES IN CONFLICT WITH THE RIGHTS OF ANY OTHER PERSON OR CORPORATION ' HAVING_A FRANCHISE FROM THE CITY, THE COUNCIL SHALL REASONABLY DECIDE+• ALL QUESTIONS CONCERNING ANY CONFLICTING RIGHTS OF.THE RESPECTIVE ' PARTIES, AND SHALL DETERMINE THE LOCATION OF THE STRUCTURES OF SAID -` PARTIES AND -WHAT CHANGES, IF ANYy�SHOULD BE MADEg AND AT WHOSE COST, AND SHALL RECONCILE THE DIFFERENCES OF THE PARTIES IN SUCH NATTER, _• '�- -y -^ SECTION 1,' IF, IN CONSTRUCTING ITS_SEWERSg` STREET S, OR - -" OTHER PUBLIC WORKS OF -THE CITY, THE CITY SHOULD REQUIRE ANY PIPE ,- OR PIPES OF- GRANTEE TO BE SHIFTED OR RELOCATED, SUCH PIPE OR PIPES_ •Y -- - . SHALL 8E PROMPTLY SHIFTED OR RELOCATED BY, GRANTEE AT ITS OWN EXPENSE - AS AND WHEN REQUIRED BY THE - ~CITY , SECT ION •15, GRANTEE SHALL FURNISH GAS WITH A MINIMUM 1000 B.T,U, PER STANDARD CUBIC FOOT (HEATING VALUE WITH NOT MORE THAN 20 GRAINS OF TOTAL SULPHUR OR -MORE THAN ONE GRAIN OF '- - - HYDROGEN SULPHIDE PER 100 STANDARD •CUBIC FOOT, AS ASCERTAINED AND -' DETERMINED, FROM TIME TO TIME, BY THE CITY COUNCIL UNDER ITS - .- PRESENT OR FUTURE REGULATORY POWERS BUT AT INTERVALS OF NOT LESS = - THAN ONCE EACH THREE CONSECUTIVE MONTHS. SECTION 16. GRANTEE'S METERS SHALL BE SUBJECT, AT x - ALL REASONABLE TIMES, TO INSPECTION BY THE AUTHORIZED AGENTS OF % H - THE CITY. - GRANTEE SHALL BE SUBJECT TO AND WILL COgf'LY WITH ALL _ ORDINANCES NOW IN FORCE AND ALL ORDINANCES THAT MAY BE HEREAFTER - - - PASSED BY THE CITY COUNCIL, • ", _ SECT'I ON 17. -[F ANY PIPE OR OTHER EQUIPMENT OF GRANTEE" SHOULD GET OUT-OF ORDER OR IN BADS CONDITION SO AS TO AFFECT OR - THREATEN TO AFFECT THE PUBLIC HEALTH, SAFETY OR CONVENIENCES OF THE - - PUBLIC, ,GRANTEE, ON- REQUEST OF THE DIRECTOR, OF.PUBLIC WORKS' g WILL ' RESTORE SAME TO GOOD CONDITION; AND UPON ,GRANTEE'S - FAILURE _IMMEDIATELY . •� .SO TO DO, THE .CITY SHALL HAVE THE RIGHT TO REMOVE SUCH PIPE OR ' - - EQUIPMENT, OR PUT. THE SAME_ IN GOOD' CONDITION, FOR THE REASONABLE h • COST OF WHICH GRANTEE SHALL BE LI ABLE. •" .,, -` -�,- �, t -.. y, SECTION 18. ^•EACH AND EVERY, CONSTRUCTION AND- RECONSTRUC° " - TION OF GRANTEE'S GAS FEEDER PIPELINES TO DELIVERY OF GAS - - - - TO OTHER THAN INDUSTRIAL CONSUMERS AND TO EFFECT DISTRIBUTION OF + . GAS WITHIN RESIDENTIAL,- AREAS, BEING SUCH •PIPELINES THAT ARE LOCATED �' r IN ANY OF THE CITY STREETS, PRIVATE OR PUBLIC RIGHTS OF WAY AND n� - UTILITY EASEMENTS, SHALL BE PLANNED, C?NSTRUCTED AND COMPLETED IN F, ACCORDANCE WITH THE FOLLOWING BASIC CONTROL STANDARDS; ,' I • , '- r _. 1, . r - - - •- • e {1 N•DEVELOPING PLANS-FOR SUCH GAS MAINS THE _ BASIC CRITERIA SHALL' BE- (A) A' NORMAL DESIGN PRESSURE UP TO - •25, As 3. 1 . G.' AND A PEAK LOAA'- DESIGN PRESSURE UP TO 60 P.S.I.G. - - WITHOUT SECOND STAGE REGULATION, '• (B' THE tLENGTH OF PIPE TO . - -• BE USED IN CALCULATIONS SHALL BE THE LENGTH BETWEEN POINT OF SUPPLY�� ' -- -AND END, POINT IN THE SYSTEM, AND (C)• PIPE LINES SHALL BE - •` DESIGNED TO CARRY A MINIMUM VOLUME OF THREE HUNDRED AND FORTY ��FD�_ *. - �•,_;- • •.4.U8IC.FEET PER HOUR PER ACRE TO AREA TO BE SERVED. _'•'� -, - (P) THE SPECIFICATIONS.OF MATERIALS USED IN 'CONSTRUCTiOM AND RECONSTRUCTING SUCH GAS-MAINS AND METHODS FOR • {''• ' `. PROTECT LNG THE` SAME SHALL BE AS FOLL'OWS< • •• _ _ �A) SEAMLESS_OR _WELDED 'BLACK• STEEL PIPE SHALL •,CBE USED -AND SHALL HAVE PROPERTIES AS PRESCRIBED BY '• - THE'CURRRE -"T AMERICAN STANDARDS ASSOCIATION SPECIFICA- '•`•.'a •'; • FiON- '838.8 -1958, WITH SCHEDULE 40 THEREOF TO APPLY UP• .. �'�- - • • TO G�j�B Cv.D. PIPE SIZES, _ _ -- - -(B) THE COATING AND WRAPPING OF PIPE SHALL CON— - - - '•FORM TO THE EQUAL OR BETTER OF ROSSON— RICHAROS COMPANY ^ ' 9� - .'MINPMUM SPECIFICATION RR -1 OR OF PIPE LINE SERVICE .COMPANY'S SITUMASTIC SPECIFICATION (C) CATHODIC, PROTECTION SHALL BE APPLIED THAT f13 EQUAL TO THE MINIMUM OR BETTER OF THE SCVERAL METHODS r - - -. OF PRACTICES GENERALLY USED AND ACCEPTED BY THE GAS PIPE - • - t -"• LINE INDUSTRY, EXCEPT THAT D. C. 'RECTIFIER METHODS SHALL'± NOT BE USED. m7 % v (3) WHEN •THE.CITYsS DIRECTOR •OF,•PUBLIC UTILITIES AND THE GRANTEES -• CHIEF ENGINEER AGREE IN WRITING UPON THE"NECESSITY FOR AN EXCEPTION,; < ` TO THE BASIC .DESIGN CRITERIA SET FORTH IN (1 %''ABOVE AND�ORATO ANY ` " - SPECIFICATION SET FORTH{ IN••(2)-j NEXT A90VE, AND WHEN THEIR SUCH WRITING - • ALSO REFLECTS THEIR AGREEMENT UPON •A .SUBSTITUTING CRITERIA AND/OR SPEC17 ' ^�FICATION TO APPLY, THEN' THEIR-AGREED DEVIATION FROM THE BASIC CONTROL . STANDARDS IN ITEM (f) AND/OR J 2) ABOVE SHALL BE AUTHORIZED, PROVIDED, ;; ,.• ; HOWEVER, THAT SUCH SIGNED AGREEMENT SHALL -BE IN THE CUSTODY OF THE- i- - GRANTEE'S *CHIEF EGNINE4R BEFORE PERFORMING DEVIATING CONSTRUCTION OR •., - . y RECONSTRUCTION. OTHERWISE, THE BASIC CONTROL STANDARDS PROVIDED IN.,- .. ' (1) AND/OR (2) ABOVE SHALL'CONTINUE IN (FORCE - AND- EFFECT AND SHALL BE - FOLLOWED. ',- (4) WITH'IN'THIRTY (3O) DAYS FOLLOWING THE EFFECTIVE DATE OF •- " - THIS FRANCHISE, GRANTEE SHALL FURNISH TO THE CITY 'S DIRECTOR OF PUBLIC..'. A ' WORKS TWO PRINTS.OF -BLOCK MAPS SHOWING THEREON ALL GAS FEEDER AND GAS,:, '. DISTRIBUTION PIPE - 'LINES BEING OPERATED,BY GRANTEE AND INDICATING,THEREON •' - WHETHER OR NOT THE SAME ARE WITHIN, THE DESIGN CRITERIA SET FORTH IN • -" -- ABOVE. THEREAFTER, AS TO EACH CONSTRUCT ION AND RECONSTRUCTION OF SUCH''_ ' _ PIPE LINES, THE- GRAN.TEE' S1iAj..1..,FURNISH THE_CITY's DIRECTOR OF PUBLIC WORKS .. ' A.PRINT OF THE FINAL SURVEY .AND, IF AVAILABLE, A`COPY OF THE PLAN AND *- -• • - PLAT'FOR <EA.CH SUCH GAS MAIN INSTALLATION OR RECONSTRUCTION AND WILL RE -; " - ELECT THEREON THE LOCATION AND,SIZE OF SUCH GAS MAIN, IN ORDER THAT ' - THE CITY MAY CURRENTLY POST-THE BLOCK MARS FURNISHED BY GRANTE.E.: , GRANTEE SHALL NOT BE REQUIRED TO SHOW THE LOCATION OF CUSTOMER SERVICE- • • LINES EXTENDING FROM SUCH -GAS MAINS. SECTION 19.• GRANTEE SHALL EXTEND ITS PIPES WITHIN THE - ,- FRA=HISE� AREA AND SHALL FURNISH SERVICES, FROM TIME TO TIME, AS ' ': '•• �, i', -,• - CITY COUNCIL MAY DEMAND, UPON A SHOWING• THAT ONE NEW CUSTOMER FOR . ^ " 4 EVERY ONE HUNDRED (1009) FEET OF NEW EXTENSION HAS MADE AN APPLICA- TION IN WRITING TO TAKE AND USE GAS ON SUCH EXTENSION<< - SidTION IN GRANTING.THIS FRANCHISE,; THE CITY DOES -20. ` NOT WAIV E ITS RE4LLATDRY POWERS, OR ANY OTHER RIGHTS, UNDER ITS -__ CHARTER AS IT NOW EXISTS, OR AS IT MAY AMENDED, HEREAFTER, NOR - -. • - ANY OF ITS RIGHTS UNDER THE LAWS, PRESENT AND FUTURE, OF THE STATE I - • OF,TEXAS, NOR ANY OF ITS RIGHTS UNDER PRESENT OR FUTURE ORDINANCES -' - OF SAID CITY. - SE m am 21, THE RIGHTS HEREIN GRANTED SMALL NOT RE EXCLU -s -' ' - Si VX AND THE CITY RESERVES THE POWER TO GRANT LIKE RIGHTS FOR SIMILAR - - USES, SUBSEQUENT GRANTS, AND FURTHER RESERVES THE RIGHT TO EXTEND ITStl, - OWN _LINE S ANO DISTRIBUTE GAS IN THE TERRITORY COVERED BY THIS FRAN7 - SECTION 22. THE £NUMERATION HEREIN OF SPECIAL DUTIES ' REQUIRED OF GRANTEE 3 HALL _NOT •,BE CONSTRUED AS A_LIMITATION OF THE,,e POWERS AND DUTIES CONFERRED UPON THE•CITY'BY ITS CHARTER, THE LAWS OF THE STATE OF TEXAS AND AL4 PRESENT AND FUTURE ORDINANCES, -AND _ _ # •- - ,'. GRANTEE SHALL PERFORM ALL DUTIES REQUIRED OF IT BY THE CHARTER AND -- l ALL VALID ORDINANCES OF 714E CITY AND THE LAWS OF THE STATE OF TEXAS.' '- - SECTION 23- IN GRANTING THIS FRANCHISE THE CITY RESERVES ITS RIGHTS TO _REGULATE ALL PUBLIC UTILITIES, INCLUDING GRANTEE, AND _ TO REGULATE TH£ RATES, „INSTALLATION AND - SERVICE CHARGES. WITHIN THE CITY AGREEABLE TO THE CONSTITUTION AND LAWS OF THE STATE OF TEXAS, - = SECTION 29, NOTHING CONTAINED IN THIS FRANCHISE SHALL BE CONSTRUED TO BE A_WAIVER OF ANY RIGHT WHICH THE CITY HAS OR MAY,• ' • - -, - HAVE UNDER ITS CHARTER, HOME RULE POWERS, OR OTHER AUTHORITY, TO ACQUIRE BY EXERCISE OF THE POWER OF EMINENT DOMAIN ALL OR ANY PART ` - OF THE PROPERTY OR PROPERTIES OF GRANTEE AT ANY TIMEo'- - - - -. SECTION 25. FOR ANY_AND ALL MONEYS WHICH MAY BE Syr JUSTLY DUE, ,OR WR-ICH MAY BECOME DUE TO THE CITY, UND €R THE PROS - -� - VISIONS OF THIS ORDINANCE, AS WELL AS ANY LAWFUL TAXES WHICH ' MAY BE IMPOSED AND BECOME DUE AND PAYABLE TO THE CITY UPON THIS FRAN- CHISE, ANDAR ANY OTHER PROPERTY OF GRANTEE, SITUATED WITHIN THE - • - - CORPORATE LIMITS, THE CITY SHALL HAVE A VALID AND ENFORCEABLE LIEN UPON - ALL OF GRANTEE 'S PROPERTY AS WELL AS THE FRANCHISES AND RIGHTS HEREIN ` ' GRANTED. - ,'- SECTION 26. IN ADDITION TO THE RIGHTS, PRIVILEGES AND - - -' FRANCHISE GRANTED TO GRANTEE, AS HEREINABOVE SET .FORTH, GRANTEE IS HERE° BY'GRANTED THE RIGHT OF INGRESS AND EGRESS FOR THE PURPOSE OF SERVING ". r THE AREAS DESCRIBED NER£IN'WITHIN THE PRESENT CITY LIM ITS .'• - SECT I9N •27. , THE R I.GHTS, PRIVILEGES AND FRANCHISE HEREIN ^ - GRANTED, TO GRANTEE SHALL EXTEND TO AND INCLUDE ITS SUCCESSORS AND - ASSIGNS, AND THE TERMS, CONDITI,ANS, PROVISIONS, REQUIREMENTS, AND AGREE- " f RENTS IN THIS ORDINANCE CONTAINED., AND EACH OF THEM, SHALL BE BINDING - QPON'THE SUCCESSORS AND ASSIGNS OF GRANTEE. NO ASSIGNMENT OF THIS '+ - FRANCHISE, HOWEVER, SHALL BE BINDING UPON THE CITY WITHOUT ITS CONSENT a ` AND APPROVAL THEREQF HAVING SEEN-OBTAINED BY ACTION OF THE CITY COUNCIL. SECTION 28.- AT ANY TIME WITHIN THE ,LAST• -TWO YEARS OF THE - TERM HEREOF, AS PROVIDED IN THIS SECTION, THE CITY SHALL HAVE THE RIGHT 4 f ' • TO PURCHASE THE `PROPERTY 0'F GRANTEE WHICH IS SITUATED WITHIN THE FRANCHISE AREA AND UTILIZED IN CONNECTION WITH ITS OPERATIONS UNDER THIS i. -• FRANCHISE. THE PRICE TO BE PAID FOR SUCH PROPERTY SHALL 13E A PRICE . - EQUIVALENT TO THE FAIR VALUE OF THE PROPERTY AT THE TIME OF THE GIVING i ' OF THE NOTICE TO GRANTEE AS HEREINAFTER PROVIDED, THE FAIR VALUE OF -- - • - SUCH PROPERTY SHALL TAKE INTO ACCOUNT ONLY THE TANGIBLE PHYSICAL PROPERTY,- - - AND NO VALUE SHOULD BE GIVEN TO THE FRANCHISE OR TO "GOOD WILL", OR TO' " 'GOING CONCERN„ OR TO OTHER TNTANGIBLES. ,° ' . - - -• -, THE RIGHT OF THE CITY TO PURCHASE SUCH PROPERTY OF GRANTEE _ 71 1 -- , ' - •' -SHALL, IF EXERCISED, BE DOME IN THE FOLLOWING MANNER°,• -, s AT ANY TIME WITHIN THE FIRST YEAR•OFyTHE `LAST TWO . YEAR PERIOD OF THE FRANCHISE TERM; THE COUNCIL i MAY ORDER NOTICE . i " TO BE GIVEN TO E .- GRANTEE•THAT THE CITY DESIRES TO PURCHASE _ � r•;- , , SUCH PROPERTY;. -- AND UPON SUCH ORDER BEING GIVEN THE CETY SECRETARY SHALL GIVEtySUCH PTO NOTICE GRANTEE, - * _• .: ' ".• r. • "e `- - • ,' 2- WITHIN SIXTY • _ IXTY 6 DAYS FROM THE DATE OF THE AFORE- - . `- SAID NOTICES GRANTEE, SHALL SUBMIT TOTHE CITY 'DET `INVEN- A COMPLETE AILED 'GRANTEE TORY OF THE PROPERTY OF WHICH' IS SITUATED WITHIN THE FRANCHISE ' - AREA AND UT I,LIZED CONN ECT 10N-,WITH ITS OPERATIONS y, .• UNDER THIS FRANCHISES V - "IN AND DETAILED MAPS SHOWING THE LOCATION OF SUCH PROPERTYy AND GRANTEES _ ESTIMATE, OF THE FAIR VALUE OF SUCH PROPERTY WHICH WOULD J BE AN ACCEPTABLE _ PRICE FOR SUCH PROPERTY -`," - - , - - -t• s'" - 3•r3THE COUNCIL AND GRANTEE SHALL HAVE "OD SIXTY A PERT OF -- - (60) •CITY `OF - .- iDAYS AFTER THE RECEIPT BY THE GRP.NTEE PS INVENTORY INM WHICH•" "TO ' '- -+ AGREE UPON THE FAIR VALUE OF GRANTEE'S PROPERTY; SHOULD THE COUNCIL ` ;k. AND GRANTEE BE UNABLE TO AGREE WITHIN SUCH PERIOD99 THE FAIR }- VALUE SHALL •? `. - BE DETERMINED BY A BOARD OF ARBITRATION CONSISTING OF THREE MEMBERS _ ,. •• TO BE APPOINTED AS FOLLOWS6 • - .ONE MEMBER TO BE APPOINTED BY GRANTEE t° 1FOLLOWING WITHIN THE PERIOD OF- DAYS FIFTEEN (15) THE ,;. •'x� EXPIRATION OF THE AFORE -j" •.SAID SIXTY-DAY PERIOD, ONE MEMBER TOPE APPOINTED BY THE COUNCIL _ ' WITHIN THE PERIOD OF FIFTEEN (75) DAYS FOLLOWING THE •EXPIRATION ^ OF THE AFORE - SAID SIXTY -DAY PERIODS AND THESE TWO SO APP 01 NTED SHALL, .WITHIN FIFTEEN DAYS.' •- ��5� THEREAFTER _ -} APPOINT THE THIRD ARBITRATOR, WHO SHALL BE A TEXAS - - -- - REGISTERED PROFESSIONAL ENGINEER. IF THE GRANTEE x SHALL'EITHER FAIL TO FURNISH TO' _;. THE CITY THE AFORESAID INVENTORY AND MAPS WITHIN THE SPECIFIED -. ,PERIOD OR FAIL TO APPOINT'ITS ARBITRATOR WITHIN THE SPECIFIED FIFTEEN-' DAY - PERIOD; THEN THE COUNCIL MAY APPOINT THE ARBITRATOR FOR °GRANTEE.` IF THE f« TWO ARBITRATORS SHALL FAIL TO AGREE UPON AND APPOINT « . THE THIRD ARBITRATOR ' - WITHIN THE SPECS FI ED 'FIFTEEN DAY PERIOD' THEN UPON o WRITTEN APPLICAT;ON • BY THE COUNCIL THE THIRD ARBRITATOR MAY BE APP01'NTED BY ANY QUALIFlED�.•^. .• ° °' - _p `• •• .. AND ACTING JUDGE OF THE DISTRICT COURT OF THE UNITED STATES ASSIGNED TO ' THE CORPUS CHRISTI DIVISION. SOUTHERN DISTRICT OF TEXAS. TO WHOM THE - COUNCIL MAY APPLY FOR SUCH APPOINTMENT; AND IF ANY SUCH DISTRICT:000RT ` JUDGE OF THE UNITED STATES SHOULD FAIL TO SO APPOINT THE THIRD ARBITRA- TOR WITHIN FIFTEEN (15) DAYS AFTER SUCH APPLICATION IS FILED. THEN UPON• - WRITTEN APPLICATION BY THE COUNCIL THE THIRD ARBITRATOR MAY BE APPOINTED - BY ANY QUALIFIED AND ACTING JUDGE OF ANY DISTRICT COURT OF NUECES COUNTY,•.' TEXAS, TO WHOM THE COUNCIL MAY APPLY FOR SUCH APPOINTMENT; PROVIDING SUCH APPLICATION BE MADE IN THE ORDER OF THEIR CREATION AS THE DISTRICT COURTS - OF NUECES COUNTY. THE DECISION OF THE BOARD OF ARBITRATORS. OR A MAJOR- . ' '•. ' . `-r 3' _ .. - - - 4 - ` ITY THEREOF, SHALL BE MADE WITHIN FORTY -FIVE (45) DAYS AFTER THE APPOINT MENT OF THE THIRD ARBITRATOR; IN THE EVENT THE BOARD OR A MAJORITY THERE- OF, FAILS TO MAKE Ap DECISIONY WITHI N SUCH PERIOD, NEW ARBITRATORS SHALL F BE CHOSEN'IN A LIKE MANNER AS IF NONE HAD BEEN PREVIOUSLY 5ELECTED.1, - ,F THE COST OF THE ARBITRATOR APPOINTED BY THE `CITY SHALL BE PAID BY THE' t CITY AND THE COST OF,THE ARBITRATOR APPOINTED YBy yGRANTEE SHALL BE PAID BY GRANTEE, AND THE COST OF THE THIRD ARBITRATOR SHALL ;BE`PAID ONE - HALF,` �- BY THE CITY AND ONE -HALF BY THE GRANTEE. _ UPON THE DETERMINATION OF THE FAIR VALUE EITHER BY AGREE -. - - MENT OR BY AID BOARD OF ARBITRATORS, THE CITY SHALL BE ALLOWED A PERIOD OF SIXTY (60) DAYS FOR DETERMINATION OF WHETHER OR NOT THE CITY , COUNCIL SHALL SUBMIT TO THE PROPER AND QUALIFIED4 VOTERS OF,THE CITY THE PROPOSITION OF WHETHERt OR NOT THE CITY SHOULD ACQUIRE THE PROPERTY $O - •� SUBJECT TO PURCHASE BY THE CITY, AND ISSUE BONDS IN SUFFICIENT AMOUNT, - - . f TO PAY THEREFOR, AND IN THE EVENT THE COUNCIL SHALL DETERMINE TO�SUB- MIT SUCH PROPOSITION TO THE QUALIFIED VOTERS OF THE CITY, SUCH ELECTION•' SHALL BE HELD WITHIN SIXTY (60) DAYS FR8°.4THE DATE OF SUCH DETERMINATION. . IN THE EVENT THAT SUCH PROPOSITION SHALL CARRY AND THEY ISSUANCE OF BONDS BE AUTHORIZED, THEN THE CITY SHALL HAVE NINETY (90) x 12 ,t :y • - DAYS WITHIN WHICH 7`0 SELL 3UL'H BONDS ANd TO' HAVE AVAILABLE T HE PROCEEDS - ..' NEREOF FOR THE PURCHASE OF 8A1© PROPCfJ?1` AND BE ABLE TO CfIC§PLETE THEI ' WURCHASE OF SAID FV OPERTY. 6. THE TIME FOR ACTION BY CITHEff PARTY IN ANY INSTANCE SHALL ' BE EXTENDED FOR SUCH PERIOD AS BUCH'PARTY MAY BE RESTRAINED BY JUDICIAL Y•. - '- a - DECREE. SECTIDN'Z4.' EACH OF THE PROVISIONS HEREOF IS ACCEPTED BY r - GRANTEE' AS A CONDITION OF THE aGRANT, AND UPON THE FAILURE OF GRANTEE f' • j- _ AT ANY TIME TO COMPLY'W11'N Tk TERMS HEREOF, THE COUNCIL, UPON COMPLI ANCE WITH THE FOLLOWING• PROCEDURE, MAY, BY ORDINANCE, FORFEIT THIS FRANCHISE. THE COUNCIL MAY _FORFEIT THIS SE ONLY AFTER NOTICE,.'„ ` AND•HEARING AND DETERMINATION A8-A FACT THAT GRANTEE HAS FAILED TO COM`. PLY WITHA CONDITION OF THIS FRANCHISE. SUCH NOTICE SHALL STATE WHEREIN' ,- GRANTEE HAS FAILED TO•COMPLY WITH TH$ TERMS OF THIS FRANCH13Ey OR WITH THE REQUIREMENTS 6F THE CtWiTER OF THE CITY ANU THE ORDINANCES'AND � k• - REGULATIONS ADOPTED THEREUNDER,.AN13 THE PLACE AND ,DATE OF THE HEARING .; ^ - BY THE COUNCIL,' WHICH SHALL BE NOT LESS THAN'THIRTY (30) DAYS FROM THE' * DATE OF THE NOTIL£.' AT SUCH HEARING, THE. COUNCIL SHALL HEAR EVIDENCE Ya - FROM dbTH THE CITY AND GRANTEE AND FRON•SUC•H EVIDENCE DETERMINE AS A - ^- - i FACT WHETHER GRANTEE HAS FAILED TO COMPLY WITH ANY•TERMS'OF THIS FRAN> - -' .CHISE. SUCH DETERMINATION SHALL BE MADE BY ORDINANCE Or THE GOUNC'ILe I,F THE COUNCIL 6ETERMINES THAT THIS-FRANCHISE SHOULD BE FORFEITED, THE ' SAME SHALL TERMINATE SUBJECT `TO THE RIGHT OF GRANTEE, WITHIN SIXTY (60)1. DAYS AFTER THE FINAL PASSAGE OF THE ORDINANCE SO OE7ERMdWINCi TO EXERCISE EITHER-OR BOTH OF TAF FOLLOWING' RIGHTS. �A� TO COMPLY WITH THE TERMS OR PROVPSI'ONS OF THfS FRANCHISE OR THE CHARTER OR ORDINANCES OF THE CITY FOUND BY THE COUNCIL- TO HAVE BEEN VIOLATED, AND UPON SUCH COMPLIANCE, a THIS FRANCHISE 'SHALL BE `RE INSTATED AND -THE ORDER-Of FORFEITURE NULLIFIED,'' - _ - { - AND (9) TO FY LE AN ACTION IN THE APPRVPRI�Kri COURT HAVING JURISDICTIONI -, FOR THE PURPOSE OF HAVING SUCH FAILURE JUDICIALLY DETERMINED. UPON t'3 �. THE FILING OF SUCH ACTIONS THE FORFEITURE SHALL BE SUSPENDED DURING THE - PENDENCYy OF SUCH ACTION,• FOR, A PERIOD OF -SIXTY (60) •DAYS, OR SUCH LATER tDATE AS AGREED UPON BY THE CITY,AND GRANTEE.:_',,, } f ' SECTION 30. THE GRANTEE HEREIN SHALL HAVE THE RIGHT TO APPEAL -,!' $ - TO THE CITY COUNCIL,ANY ACT OR OMISSION, DECISION OR ORDER OF ANY REPRE —' . SENTATIVE OF THE CITY WHICH MAY AFFECT ITS RIGHTS] DUTIES OR OBLIGATIONS - ' - HEREUNDER, NOTICE OF SUCH APPEAL SHALL BE IN WRITING AND DELIVERED TO THE CITY SECRETARY WITHIN FIFTEEN (15) DAYS AFTER, SUCH -ACTJ DECISION .OR ORDER. SECTION 31.• PURCHASE OPTION PROVISIONS. - THE CITY, AT ITS OPTION AT ANY TIME OR TIMES PRIOR TO THE EXPIRA TION OF THIS FRANCHISE, MAY PURCHASE THE GAS DISTRIBUTION SYSTEM OF SOUTHERN.' ' 'COMMUNITY GAS COMPANY (OR ITS •SUCCESSORS OR ASSIGNS RECEIVING SUCH FRANCHISE) HEREIN •CALLED "GRANTEE", UPON THE TERMS AND CONDITIONSY HEERINAFTER SET 'OUT: A. PROPERTY THE PROPERTY COVERED 8 THIS OPTION DURING THE TIME WHEN SUCH - - - OPTION MAY BE EXERCISED SHALL INCLUDE THE FOLLOWING: - - - (1) ALL GAS MAINS THEN OWNED AND USED BY GRANTEE IN ITS DISTRIBUTION SYSTEMS WITHIN THE CITY OF CORPUS CHRISTI WITHIN] THE AREAS COVERED BY THIS FRANCHISE, (2) ALL GAS MAINS THEN OWNED AND USED BY GRANTEE IN ITS DIS TR -I BUTTON SYSTEMS OUTSIDE THE CITY OF CORPUS CHRISTI WHEN SUCH GAS, MAINS ARE DIRECTLY CONNECTED TO AND DEPENDENT FOR GAS SUPPLY UPON GRANTEE 'S GAS MAINS LOCATED INSIDE THE AREAS OF THE CITY DESCRIBED IN (1) ABOVE. p (3)t ALL GAS APPURTENANCES THEN AFFIXED OR CONNECTED TO THE GAS k MAINS DETAILED IN (1) AND (2) ABOVE,,INCLUDING,REGULATORS, VALVES FITTINGS AND METERS. .ALL, CASEMENTS AND'R'IGHT,S OF •'WAY THAT ARE THEN OWNED BY „GiRANTt #E AND WHACH :ARE USED EXCLUSIVELY•IN THE OPERATION OF THE GAS MAINS :,.DEFI'NED IN (1) AND 1 ABOVE•. NO VALUE SHALL PC ALLOCATED TO EASEMENTS s; - ". : •i ACQUIRED BY G IPT. , - - - - - -• -' - - • '� .. (4A) • Orr I CE BU IL INQ AND ALL FACILITIES AND EQUIPMENT INCIDENTAL-' :THERETO. _4 " l a i w. j`_- . �5B SUCH ADDITIONAL ITENS OF }PROPERTY' AS MAY BE MUTUALLY r M „+ 'AGREED UPON IN WRITING BETWEEN THE CITY AND GRANTEE (() FOR ALL PURPOSES HEREIN 9GAS NA1N3t1.ARE DEFINED TD T t MEAN, AND SHALL PAEAN, ALL GAS FEEDER AND GAS - DISTRIBUTION PIPE LINES THAT - ARE NORMALLY OPERATED BY GRANTEE AT INLET PRESSURES UP TO P'oSoBoGo AND . NORMALLY HAVING INLET PEAK LOAD OPER•AT -ION UP TO� Po3oloGog AND BEING LOCATED` a pp p (B2pp ABOVE. AND FOUND IN THE AREAS SPECB FIED IN ®9� AND l y -THIS DEFINITION T nTION SHALL NEITHER BE CONSTRUEDO i. N CLUDE ANY OF ,Y } GRANTEE'S GAS MEASUREMENT AND DELIVERY FACILITIES THEN FUNCTIONING AS CITY GATE - IVERY STATIONS STATIONS AND /OR ASINDUSTRIAL DEL NOR BE CONSTRUED 6TO.BNCLUDE ANY • y INDUSTRIAL - • GAS PIPE LINES THEN OPERATED By GRANTEE AS GAS TRANSMISSION 61NE3g } GAS TRANSPORT LINES, OR INDUSTRIAL GAS DELIVERY LINES- "INDUSTRIAL" _CUSTOMERS � , PAEANS • CUSTOMERS HAVING AN ANNUAL AVERAGE CONSUMPT AS USED HEREIN ION'OF AT LEAST ', - - - - - - ' 500, OaO CUBIC FEET PER DAY. `., r• - •: },. • _ :,' _ .. \7! Y DEPOSITS, AND ALL ASSIGNABLE CUSTOMER CONTRACTS, SECURIT.• - ACCOUNTS RECEIVABLE OF CUSTOMERS LOCATED IN THE AREAS ABOVE DESCRIBED WHO ARE THEN BEING SERVED BY GRANTEE OTHER THAN INDUSTRIAL_CUSTOMERSo •• , -,; +,..- , NOyPART OF GRANTEE'S INDUSTRIA6 SYSTEM OR ANY OF ITS ` • .. _ GAS . . _ CON3TRACT3 WAHICH PROVIDE FOR THE SALE OF GAS ♦FOR INDUSTRIAL PURPOSES SMALL 8E , .r - ,I PICLUDED MITHIN THE `TERBIS OF_ THPS OPTION,_ IT BEING INTENDED THAT GRANTEE,. SHALE _ CONYINUE TO OPERATE ITS INDUSTRIAL GAS SYSTEM AND TO SELL GAS FOR INDUSTRIAL WITHIN THE THEN CITY LIMITS UNDER SUCH FRANCHISE AS MAY FROM TIME PURPOSES " ' TO T I PBE BE GRANTED` TO GRANTEE. :.' i9) IN THE EVENT THE CITY DOES PURCHASE THE PROPERTIES OF THE GRANTEE AS •DESCRIBED HEREFIN, THE GRANTEE SHALL.ASSIGN TO THE CITY ALL OF THE GRANTEE'S RIGHTS TO USE THE. STREETS OF THE, CITY FOR A NATURAL GAS SYSTEH,,PTHER - - THAN THE RIGHTS OF THE GRANTEE TO OPERATE A GAS 013TR18UT10N SYSTEM FOR THE PURPOSE OF "SERVING INDUSTRIAL CUSTOMERS SAND FOR TH E 'TRANSPORTATION ;OF •GAS FOR• ROUGH THE CITY- ANY PURPOSE TF -8. OPTIMMME THE PRICE TO BE PAID FOR SUCH PROPERTY, FOR PURPGaE& OF THIS OPTION,y,_SHA-LL OE' THE SUN -OF.' Tr E* FAIR AND ,REA,SONAsLC a/A•LUg OF ITEMS ��, THROUGii f 6� AVOVI£r INC LUST V.E, MITEN USED FOR THE PORPOU FOR -WHI OH 1T =WA-S INT£,NDVP, ' DETERNI'NE0 -i5 OF THE .DATE OF -THE INVENTORY AEREINATTER MENTIONED. DUE REGMID SHALL SE GIVEN TO THE PHYSIr-%.L CON DI -TION OF SUCH PROPERTY, •BUT NO - A L•LOWA'NCE'SHA7LL d3E MADE -MR "GOJNG'CONCERN," "'FRANCHISE, °,OR GOOD WILL, YXI-V,E; - ;(P,) THE BOOK CAST -Of A:L•L ARD•1T9DNS AANO IMPROVEMENT3 MARE 'To • SUCH PROPERTY SUBSEQUENT TO THE sOAT-E' OF THE INVENTORY AND MOR TO THE CON- - x ' - SUMNA•T40N OF THE PURCHASE ^y.K •_ - 1 • , k . -! t " ' - -THE; - BOOKaIALUE -Of ,AO QIJNT_S :RiXFIVAS:L'E "CAKING .I.NTO AC.OUNT . ' 1 SECURITY•DEPOS.ITS OF CUSTOMERS ,COCA T.ED -IN THE AREAS COV FRED -8Y -THIS OPTION - - WJ4O ARE THEN BEING WRM-EP MY .GRANTEE, C.' FROGENRE5 I-F -TH:E i,CITY ELECTS TO TWERCISE J'TS OPTION TO 13UY.SUCH PROPERTY, •THE {CI TY SHALL,, AT SOME WINE PRISIR --TO THE EXPIRATION OF .'THIS ' - sF.RANCHISE,'GL•VE NOTICE -,To GRANTEE IN WRITING THAT THE ,C,ITY CONTEMPLkP£5 „r• THE kCQU1Sl'Tl•-ON OF SUCH T-ROP&R ?Y, • - � € - - -' � - - - s G - - -' " 4 - L(P•) 1U/ITrRI N ,sjxr Y',(60) DA Ys 'MON ,RECEI PT OF :-SUCH NOTICE, •• 4RANTEE'SBkIL `SUBMIT -T.0'TteE �17Y ITS.)ETERMNATION O­F TIE FA -IR A NO 'It EA 3 ONAfttX WA.LUE OF. SUCH - f.ROPERTY-,�A'CCOMPANIED BY 'A*4WP,QR *AP3 '3H(WMG THE ..LO CATI DNS , OF SUCH - PROP.FRT•I.ES,'TOGE-T M WITI3 ADUMMARY INVENTORY OF THE VARI OUS ITBMS , COMPRISING IT,EM3 ;(l) THRJO�ml iD,y MCLUSIVE, OF SIM PROPERTY. ;(g.J I;N -F71E EVENT NO AZREEMFbLT IS :REACHED AS TO THE FAIR - - AND MEA-SONABLE VALUE 'OF THE:PROP5RT.Y'WI;THIN SIXTY 60) DAYS AFTER RECEIPT • •OF GRANTEE'"S •PROPO34.AND MWENTORY.,, -OR �BY EARL'L£R - AGRtENENT OF THE P"TI,ES., _ AN INDEPENDENT ENGINEERING OR- •VALUA'TION FIRM SHALL BE ENGAGED TO MAKE AN APPRAISAL 'OF SUCH VALUE-OF'THE -PROPERTY- RFPORTeD IN SAID INVENTORY. - a .• - ., , - . SUCH INDEPENDENT ENGINEERING OR VALUATION FIRM SHALL BE SELECTED ' ` BY A•MAJORITY VOTE OF A COMMITTEE OF FIVE PERSONS, TWO OF WHOM SHALL BE NAMED BY THE CITY ANDJ TWO BY THE GRANTEE, THE FIFTH MEMBER SHALL BE SELECTED r BY A MAJORITY VOTE OF THE OTHER FOUR MEMBERS OF THE COMMITTEE.' - SELECTION ' OF COMMITTEE MEMBERS AND ENGAGEMENT OF SUCH ENGINEERING OR VALUATION -FIRM - - '•,SHALL BE COMPLETED NOT'LATER THAN NINETY (90) DAYS AFTER THE ABOVE MENTIONED INVENTORY IS DELIVERED. - • - - _ THE ENGINEERS, OR VALUATION FIRM, IN ARRIVING AT THE VALUE OF - • THE INVENTORIED PROPERTIES, SHALL BE GOVERNED BY THE FOLLOWING: ' (A). THE FAIR VALUE OF THE INVENTORIED PROPERTIES SHALL BE THE THEN REPLACEMENT COST,-LESS DEPRECIATION. -•` - _ - (B),; DEPRECIATION . AS USED HEREIN MEANS OBSERVED DEPRECIATION., THE CITY •SHALL NOT BE REQUIRED TO PURCHASE, AND THE GRANTEE SHALL - - HAVE THE RIGHT TO REMOVE ANYsMETERS.OR REGULATORS INCLUDED IN THE PROPERTIES SUBJECT TO THE OPTION WHICH, IN THE OPINION OF THE INDEPENDENT ENGINEERS, ` OR VALUATION FIRM, ARE DEEMED TO BE OBSOLETE. THE ENGINEERING OR VALUATIONFI RM SHALL MAKE ITS REPORT TO SUCH ` - COMMITTEE WITHIN THIRTY (30) DAYS AFTER ENGAGED, AND UPON APPROVAL OF A • ¢tAJORITY OF THE MEMBERS SUCH APPRAISED VALUE SHALL BE,ACCEPTED BY BOTH THE CITY AND THE GRANTEE AS THE VALUE OF THE PROPERTIES INCLUDED IN SAID INVENTORY. _ (4) 'IN THE EVENT THE APPRAISED VALUE REPORTED TO THE COMMITTEE IS NOT APPROVED BY A MAJORITY OF THE MEMBERS, ANOTHER ENGINEERING OR VALUATION FIRM SHALL, WITHIN THIRTY (30) DAYS AFTER THE {FIRST •REPORT IS RECEIVED, BE •° SELECTED IN THE SAME MANNER AS THE FIRST FIRM AND FOR THE SAME PURPOSE TO t••' REPORT WITHIN THIRTY (30) DAYS AFTER ENGAGED. �, _; 7 -, (5) IF THE SECOND APPRAISED VALUE IS NOT APPROVED BY A MAJORITY OF THE COMMITTEE WITHIN FIFTEEN (15) DAYS AFTER REPORTED, THEN WITHIN , t • t- FIVE (5) DAYS THEREAFTER AN AVERAGE OF THE TWO APPRAISED VALUES SMALL BE - DETERMINED BY THE COMMITTEE AND REPORTED TO THE PARTIES AS THE VALUE OF,• - THE PROPERTIES INCLUDED IN SAID INVENTORY. TO THE VALUE VOF"THE PROPERTIES REPORTED IN THE INVENTORY FURNISHED TO THE CITY, HOWEVER DETERMINED, THERE SHALL BE ADDED OR SUB— + - -- • -, - •_TRACTED AS THE CASE MAY BE. (A) THE BOOK COST OF ALL ADDnITIO143 AND IMPROVEMENTS TO SUCH PROPERTY MADE SUBSEQUENT TO THE DATE OF THE INVENTORY AND PRIOR TO ' - THE CONSUMMATION OF THE PURCHASE; AND - -•3- - - • _ ' (B) ALL NET CHANGES IN THE BOOK VALUE OF THE ACCOUNTS -. RECEIVABLE AND SECURITY DEPOSITS OF CUSTOMERS'LOCATED IN THE AREAS COVERED ' BY THIS OPTION WHO ARE THEN BEING4 SERVED BY GRANTEE. THE COST OF THE FIRST APPRAISAL SHALL BE BORNE BY THE CITY; { -'4(7) THE COST OF THE SECOND APPRAISAL, IF REJECTED BY LESS THAN 'A UNANIMOUS VOTE,- , SHALL BE BORNE BY THE PARTY WHOSE REPRESENTATIVES CONSTITUTE A MAJORITY OF —, - - - - THE MEMBERS WHO DISAPPROVE OF THE APPRAISED VALUE. IF THE SECOND APPRAISAL' • IS REJECTED UNANIMOUSLY BY THE CITY AND GRANTEE'S REPRESENTATIVES, THE COST ' _ - _,THEREOF SHALL BE BORNE EQUALLY BY THE CITY AND THE GRANTEE. COPIES OF ALL • VALUATION AND COMMITTEE REPORTS SHALL BE SUBMITTED TO ALL PARTIES. - " - _ (8) UPON THE DETERMINATION OF THE VALUE OF TIDE PROPERTIES AS -'- OF THE INVENTORY DATE, THE CITY COUNCIL MAY CALL AN ELECTION AND SUBMIT TO THE PROPER AND QUALIFIED VOTERS OF THE CITY, AT SUCH ELECTION, THE PROPOSITIONS OF WHETKER THE CITY SHOULD ACQUIRE THE PROPERTY SUBJECT TO -- - • �. THIS OPTION AND ISSUE BONDS SUFFICIENT TO PAY THEREFOR. Y SUCH ELECTION MAYBE HELD WITHIN NINETY (90) NAYS FROM r - '- THE DATE OF THE DETERMI HATI ON OF THE VALUE OF THE PROPERTIES AS OF THE , • •,INVENTORY DATE. "- • -• - -, r . ,-_ - I ,r PROMPTLY AFTER SUCH ELECTRON, OR PROMPTLY AFTER THE DETERMINA71ON r , OF THE VALUE OF THE PROPERTIES AS OF THE INVENTORY DATE IF THE CITY COUN- CIL DOES NOT CALL AN ELECTION, THE CITY $HALLrGNOTIFY THE GRANTEE AS TO WHETHER OR NOT IT WILL PURCHASE THE PROPERTIES. -•IN THE EVENT THE CITY SHOULD DECIDE TO PURCHASE THE PROPERTIES, THE PROPERTIES WILL BE CON— • - VEYED BY THE TO THE CITY AND PA 10 FOR BY THE CITY AS SOON AS PRACTICABLE. •� _ ., }V, "_• °'amt.,•.` ••.' ,; °.�:, a � •. �': -', :. .-.. -. ^, ; '. •. - - . IN THE EVENT THAT THE CITY DOES NOT ELECT TO EXERCISE ITS .- „- - OPTION TO BUY SUCH WITHIN THE TIME AND IN THE MANNER HEREIN - ' - "•�.' PROV IDED,OR IN THE EVENT THAT SUCH OPTION IS EXERCISED AND THE SALE AND PURCHASE• IS NOT COMPLETED BY PAYMENT OF SHE FULL PURCHASE PRICE " ' WITHIN ONE+AND ONE —HALF YEARS FROM THE GIVING OF NOTICE UNDER PARAGRAPH ' C HEREOF, OR WITHIN ANY EXTENSION OF SUCH TIME BY REA$ON OF ANY EVENT - -. EXTENDING SUCH PERIOD AS'HEREIN PROVIDED, THEN SUCH OPTION AND ALL RIGHTS 'OF THE CITY TO PURCHASE SUCH PROPERTY AND THE OBLIGATION OF THE - GRANTEE TO SELL SAME SHALL BE OF NO FURTHER FORCE AND EFFECT. , ” (10),' FAILURE OF THE GRANTEE TO TIMELY MAKE AND FURNISH THE ' INFORMATION ,PROVIDED FOR IN (2) ABOVE,' -OR TO MAKE THE APPOINTMENT OF ITS COMMITTEE MEN AS PROVIDED FOR IN (3) ABOVE, IF REQUIRED, SHALL CONSTITUTE ri - •_';t'- A DEFAULT HEREUNDER. ;BN THE EVENT OF SUCH DEFAULT, THE CITY OS HEREBY - - `AUTHORIZED, AT THE COST AND EXPENSE OF GRANTEE, TO EMPLOY AN INDEPENDENT ENGINE ORVALUATION FIRM TO PREPARE A CORRECT INVENTORY AND APPRAIS— AL OF, THE VALUE OF SUCH PROPERTY.' SUCH APPP.A05E0 VA�.UE.:SHALL BE ACCEPTED '.� 'SY BOTH THE CITY AND THE GRANTEE AS THE VALUE OF SUCH PROPERTIES.- _ (11),'TIME 13 AGREED TO BE OF THE ESSENCE IN COMPLYING WITH THE PROCEDURES OUTLINED HEREIN; HOWEVER, THE TIME FOR ACTION BY EITHER f 1i PARTY SHALL BE EXTENDED `FOR SUCH PERIOD AS (1) IT MAY BE RESTRAINED BY, JUDICIAL rDECRrr,,(Z) PERFORMANCE IS DELAYED_ BY ACTS OF GOD OR FORCE ''..MAJEURE,'OR (3)'PERFORMANCE IS PRECLUDED BY THE PRESENCE OF A PERIOD OF TIME PERMITTING NO CONTRACT BY RESTRICTIONS OF THE CITY CHARTER, -1 ` :t (12) IN THE .EVENT THAT •THE, COMMITTEE PROVIDED FOR UNDER PARA° ± GRAPH (3) ABOVE SHALL FAIL OR REFUSEJTO ACT WITHIN THE TIME PROVIDED HERE- IN, rTHEN SUCH COMMITTEE SHALL BE SUBJECT TO DISMISSAL BY EITHER PARTY AND A NEW COMMITTEE SHALL FORTHWITH BE APPOINTED FOR THE SAME PURPOSE,, IN THE P ' ,. .> SAME MANNER AND WITHIN THE SAME TIME LIMITS AS ARE HEREIN PROVIDED. THE TOTAL TIME AUTHORIZED FOR ACTION HEREUNDER SHALL BE EXTENDED TO COMPEN— _iSATE FOR ANY RESULTING LOSS OF TIME • a �93� GRANTEE AGREES THAT THE CITY MAY ASSIGN TO THE 'CORP'S` CHRISTI MUNICIPAL GAS CORPORATION THIS OPTION TO PURCHASE AND IF aIT.. DOES SO THE RIGHTS AND OBLIGATIONS OF GRANTEE AND SUCH ASSIGNEE SHALL BE 's - CONSTRUED AS IF THE `WORD °CITY° IN THIS ARTICLE {31J OF THIS ORDINANCE MAO' t,y BEEN THE "CORPUS CHRISTI MUNICIPAL GAS CORPORATION ", EXCEPT THAT THE GRANTEE— WILL ACCEPT THE BONDS OF SUCH CORPORATION WITHOUT THE HOLDING OF ANY ELECTION. • SECTION 32. NOTWITHSTANDING ANY OTHER PROVISION HEREOF,, THIS o - i - FRANCHISE SHALL BECOME EFFECTIVE AS TO THE RIGHT TO SERVE ANY EXCEPT " - "INDUSTRIAL" CUSTOMERS ONLY IN THE EVENT THAT THE CONTRACT NOW IN EXISTENCE,t •EXECUTED BY THE HOUSTON NATURAL GAS CORPORATION AND THE CITY AND CORPUS a `` - CHRISTI MUNICIPAL GAS CORPORATION, BY THE TERMS OF WHICH THE HOUSTON NATURAL' ,-, GAS CORPORATION HAS CONTRACTED TO SELL ITS ^MUNICIPAL DISTRIBUTION SYSTEM - LOCATED WITHIN THE CITY OF CORPUS CHRISTI AND PARTLY OUTSIDE OF THE CITY, IS NOT CONSUMMATED TO THE EXTEND OF DELIVERY OF ALL OF SAID PROPERTY TO THE BUYER r- „ IN SAID CONTRACT WITHIN THE TERM PROVIDED IN SUCH CONTRACT OR SUCH EXTENSION THEREOF AS MAY BE AGREED UPON BY THE PARTIES THEREIN; AND FURTHERMORE, NOTWITH- STANDING ANY OTHER PROVISION OF THIS FRANCHISE, THIS FRANCHISE SHALL TERMINATE - -,- IMMEDIATELY AS,TO.THE RIGHT TO SERVE ANY EXCEPT "INDUSTRIAL" CUSTOMERS,, UPON 691 COMPLETION OF ACQUISITION FROM HOUSTON NATURAL GAS CORPORATION OF ITS MUNICIPAL o ' GAS DISTRIBUTION SYSTEM FOR BURNER TIP CUSTOMERS WITHIN THE SAID NORTH- - WESTERN AREA OF THE CITY OF CORPUS CHRISTI BY THE CITY OR ANY NON — PROFIT = " CORPORATION ACTING FOR THE BENEFIT OF THE CITY, AT ANY TIME DURING THE s l -20- PERIOD OF TIME WHICH WOULD OTHERWISE BE THE TERM OF THIS FRANCHISEa AND - .; (2) THE CITY COMPLIES WITH ITS OBLIGATIONS UNDER THE OPTION TO ACQUIRE - - 'GRANTEE'S FACILITIES. ON THE TERMS SET FORTH •I -N SECTION 39 HEREOF._ THE - • , OPTION MAY BE EXERCISED UPON NOTICET TO GRANTEE.' THE CITY SHALE. NOT BE . '{ OBLIGATED TO BUY SUCH FACILITIES AS ARE DUPLICATIONS OF THE FACILITIES ' PURCHASED FROM HOUSTON NATURAL GAS CORPORATION. ONLY THOSE LINES LAID OUT IN SUBDIVISIONS HAVING PLATS NOW ON FILE AND IN WHICH THE CITY OR • HOUSTON NATURAL GAS CORPORATION NOW HAS LINES SHALL BE CONSIDERED DUPLI- CATIONS. SECTION 33. THIS FRANCHISE SHALL BECOME EFFECTIVE AFTER PU B LI° - -r ' CATION AND COMPLIANCE WITH THE PROVISIONS OF THE CITY CHARTER AND ACCEPT- ANCE BY THE GRANTEE WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE. -e .;. _ ` {� `-, .,:jam•_ - -_ �T+" --_ _ -.- erg,:♦ ~ F"'i :C ".. - - , i �, �. _ w - •- - _ __ - THAT THE FOREGOING ORDINANCE WAS -READ FOR THE 'FIRST TIME AND : ' 'r`' PASSED TO ITS SECOND READING ON THIS THE "` DAY OF - - ` _ r,= -•," ° ll9 - BY THE FOLLOWING VOTE: `g• - _ - -- _ - - BEN F. MCDONALD - 4 -1 Tom R. SWANTNER - -t a _ - DR. -JAMES L. BARNARD - }. -- - •:e.~i- _ . - _- - -•'Y JOSE R.'DELEON �k'F"•' • - - - - M. P. MA LDONADO _ .. W.�!J. ROBERTS'ri ,~ ¢JAMES H. SYOUNG • 4_?- THAT THE FOREGOING ORDINANCE WAS READ FOR THE SECOND TIME AND PASSED TO ITS THIRD READING ON THIS THE _ DAY OF'- �9 �` BY -THE FOLLOWING VOTE: •h =-v k - -`BEN F. MCDONALD~ �`r' '. •iwp ,..- ,_ - "R ",T }" _ `'75.x- T OM R. SWANTNER —' -OR• JAMESr L. BARNARD •JOSE R. DELEON M. P. MALDONADO -Y•- - .:,'�,'�.- - W.xJ. ROBERTS JAMES H. + You NG THAT THE FOREGOING ORDINANCE WAS READ FOR THE THIRD TIME AND PASSED FINALLY ON THIS THE DAY OF f- - '19 FOLLOWING s' . BY THE - VOTES. "BEN F. McDoNALO TOM, R. - SWANTNER = ; _ _ _ - _. }' . DR.'JAMES L. BARNARD r• ;f °JOSE R. DELEON M. P. MALDONADO ;,i • -,.''Y - _ _ - > - W. Je- ROBERTS �_ _25.3d .ice t JAMES H. YOUNGui ' °• ;. �` _ - s • I `!�_- PASSED AND 'APPROVEDi THIS+7HE �.� `. �± 'DAY OF j9 • ATTEST: ITY SECRETARY _ _ __ - -' "+ _ - - -• .- gam. :.� __ - �•. ,-!•`. f -_ . __ - .. - ". ,. - - h.' a.. - _v .. I APPROVED AS TO LEGAL FORM THIS 1 s V, } 'x,` ��, - _ _." - _DAY OF -- - a 196 -- .r :.. MAYOR THE CITY OF CORPUS CHRISTI TEXAS. - `C PROMS T I ON B I "SHALL THE CITY, COUNCIL OF THE CITY OF CORPUS CHRISTI •' BE AUTHORIZED TO ENACT AN ORDINANCE GRANTING TO SOUTHERN -, .'.`f COMMUNITY GAS COMPANY•A FRANCHISE FOR _A TERM OF THIRTY () YEARS FOR THE PURPOSE OF CONSTRUCTING AND OPERATING GAS �•� ,+ '•1 PIPES AND MAINS IN, ON, UNDER AND ALONG THE STREETS, ALLEYS, t AVENUES AND PUBLIC PLACES OF THE CITY OF CORPUS CHRISTI, f .:, a g CONCERNING THE NORTHWEST AREA, ALL AS PROVIDED IN THE FORM 3r ' - OR ORDINANCE GRANTING SUCH FRANCHISE AS SET OUT IN ORDINANCE •} ' • .' - NO. 6r PASSED AND APPROVED BY THE- CITY COUNCIL ON THE - 7TH DAY OF DECEMBER, 1962?" '.•{ F • ",_ }',�• =ai,•4 ',. ',< • ''�" + }" } ,; TO SUPPORT THE PROPOS•ITI ON >' SECTION 5. ALL VOTERS DESIRING e ZING AND APPROVING THE PASSAGE OF AN ORDINANCE AUTHORIZING AUTHORI THE s CITY COUNCIL TO GRANT A FRANCHISE IN THE AREA OF THE CITY DESIGNATED_ +p , AS THE NORTHWEST AREA AS 'DESCRIBED IN THE PROPOSED FRANCHISE SET�FOR �H L. WRITTEN OR PRINTED ON THEIR BALLOT+g IN ORDINANCE ND. 6718 SHALL HAVE r THE FOLLOWING WORDS- T - - : .. - - •• . - , P "FOR AUTHORIZING THE CITY •COUNCIL TO GRANT A FRANCHISE ON THE NORTHWEST AREA OF THE CITY`TO SOUTHERN COMMUNITY v " - GAS COMPANY FOR A TERM OF THIRTY ( YEARS. „f '7 a 9 y < AND ALL THOSE VOTERS DESIRING TO OPPOSE THE PROPOSITION AUTHORIZING AND ,. +APPROV+1 fNG THE PASSAGE OF AN ORDINANCE AUTH ORIZI NG, THE CITY COUNCIL TO _�Y - . .-. - 1 GRANT •A FRANCHISE IN THE AREA OF THE CITY DESIGNATED AS THE NORTHWEST AREA AS DESCRIBED IN THE PROPOSED FR ANCHISE SET ,FORTH IN ORDI +NANCE N0. ; - r ♦ .- '. si'� y �, 67tS SHALL HAVE WRITTEN OR PRINTED ON THEIR BALLOT THE FOLLOWING WORDS. ,t+- 9' .F - • <' - . 44�' "AGAINST AUTHORIZING THE CITY COUNCIL TO GRANT A w F FRANCHISE ON THE NORTHWEST AREA OF THE CITY TO SOUTHERN a COMMUNITY GAS COMPANY FOR A TERM OF THIRTY O YEARS.," ,. t. SECTION 6. Sato ELECTION SHALL BE HELD IN THE CITY OF CORPUS ` - CHRISTI AT THE FOLLOWING PLACES AND THE FOLLOWING NAMED PERSONS ARE HEREBY •§:v -_ ' -.' - -a .•- . - h.: APPOINTED JUDGES AND OFFICERS OF SAID ELECTION, AT THR RESPECTIVE ELECTION x / .I: PRECINCTSS • - a - 3 ',e}a - , - _ e r "`G• - HAVING DECLARED THAT SUCH EMERGENCY'AND NECESSITY EXIST AND HAVING REQUESTED t a - -' THAT SUCH CHARTER RULE BE SUSPENDED, .THIS ORDINANCE SHALL BE PASSED FINALLY• -_ i ,. ON THE DATE OF ITS INTRODUCTION AND TAKE ,EFFECT AND BE IN FULL FORCE AND IT atIS ACCORDINGLY SO ORDAINED THIS • EFFECT FROM AND AFTER ITS PASSAGES ' THE Z$Yfl DAYOF ai 1962.' OR ATTEST. THE CITY OF CORPUS CHRISTI T ,CAS } i' - • -yC1T -- SECRETARY Y� a _ • APPROVED AS TO L GAL FORM THIS ; 1962 : - THE 7ITH DAY OF%"ER➢ CITY ATT RNE rY- `t a -. - • -- _ °.. - .. .. _ ' Y - '. 1. - - , '• - - .. 1 , - - SECTION 7. SAID ELECTION SHALL BE HELD IN ACCORDANCE WITH THE STATUTES AND CONSTITUTION OF THE STATE OF TxxAS AND THE CHARTER OF THE ` CITY OF CORPUS CHRISTI, TEXAS.' - SECTION 8. THAT THE +POLLS WILL' BE OPEN FROM 7:00 O'CLOCK A.M.` ' TO 7:00 O'CLOCK P.M. ON THE SAID DATE OF DECEMBER 28,•1962, IN THE CITY `• ,{ , '- : -' OF CORPUS CHRISTI, TEXAS.-` SECTION 9. A SUBSTANTIAL COPY-OF THIS ORDINANCE, SIGNED BY THE '. >, •" MAYOR OF THE CITY OF CORPUS CHRISTI AND ATTESTED BY THE CITY SECRETARY, y! , 4 SHALL CONSTITUTE THE NOTICE OF ORDERING OF SAID ELECTION, ANDIRE MAYOR LS DIRECTED TO CAUSE A COPY OF THIS ORDINANCE,'SIG NED BY HIM, TO BE POSTED ' AT THE CITY HALL AND AT EACH OF THE VOTING PLACES IN EACH ELECTION - • PRECINCT NOT LESS THAN TWENTY (20) DAYS PRIOR TO SAID ELECTION AND TO HAVE , A COPY OF THIS ORDINANCE, SIGNED BY HIM, PUBLISHED IN THE CORPUS CHRISTI TIMES, THE OFFICIAL NEWSPAPER OF THE CITY OF CORPUS CHRISTI, BEING A _- r NEWSPAPER OF GENERAL CITtCULATION PUBLISHED-WITHIN THE CITY OF CORPUS CHRISTI,- TEXAS, SAID PUBLICATION TO BE MADE ONE TIME AT LEAST TEN (10) ` -• ,. i DAYS PRIOR TO THE DATE OF THE ELECTION. SECTION 10. VOTING MACHINES NAY BE EMPLOYED AT THE ELECTION HEREIN ORDERED IN ACCORDANCE WITH THE PROVISIONS OF V.A.T.S. ELECTION _ "CODE, ARTICLE 7.14, AND SAID ELECTION SHALL BE HELD ` AND • RETURNS OF SAID - ' _ELECTION MADE PROMPTLY BY THE RESPECTIVE OFFICERS HOLDING SAME TO THE ,. CITY SECRETARY, AND SAID RETURNS SHALL BE CANVASSED AND THE RESULTS DECLARED BY THE CITY COUNCIL. �; - - .} r "'• - SECTION 11." THAT`THE PUBLIC IMPORTANCE OF THE QUESTION INVOLVED n^ " AND THE REQUIREMENT OF THE CITY CHARTER REQUIRING THE SUBMISSION OF SUCH QUESTION AND THE NECESSITY FOR DETERMINING WHETHER OR NOT THE QUALIFIED VOTERS - _ DESIRE TO AUTHORIZE SUCH LONG —TERM LEASE CREATES A PUBLIC EMERGENCY AND ' AN IMPE- RATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE •'ti- THAT NO ORDER OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS - F INTRODUCTION AND THAT SUCH ORDER OR RESOLUTION SHALL BE READ AT THREE (3) - ,'SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR AND THE CITY COUNCIL" _ A PRECINCT NO. 11 - _JOHN L. TOMPKINS FIELD OFFICE, PEARY PLACE - •• THAT PART OF NUECES CWMY VOTING NGsPRECINCT NOS. 1'j AND 18 S:i -• WITHIN THE CITY LIMITS. MRS. FELIX IRWIN _ JUDGES- MRS. R. R. BISHOP _ ASSISTANT JUDGE MRS. HERMAN HAWKINS•+ CLERK - .-�e MRS. M. C. SLOUGH • ABSENTEE VOTING SHALL BE CONDUCTED BY THE CITY SEtCRETARY"_AT HIS 1 . t_ OFFICE IN THE CITY .HALL AND THE RESULTS{ CANVASSED AND RETURNS MADE AS IS _ PROVIDED BY LAW.^' A SPECIAL CANVASS BOARD'IS HEREBY • APPOINTED AS FOLLOWS. - MRS.' EDNA MEADOR; JUDGE - - - -' - - - I MRS. DORIS FRANCIS, ASSISTANT, JUDGE _ '.•U._j;� MISS ELVA QUINTANILLA, CLERK THE PRESIDING ` JUDGES SHALL BE AUTHORIZED TO SELECT SUCH CLERKSY� OR OTHER ASSISTANTS PROVIDED BY LAW, AS MAY BE DEEMED• NECESSARYJAND SAID t - _ ELECTION SHALL BE HELD IN ACCORDANCE WITH THE PROVISIONS OF LAW RELATINGY- =T0 ELECTIONS AND THE GENERAL^ LAWS OF THE STATE OFTEXAS SHALL BE OBSERVED _p INSOFAR AS THEY •AR E a APPL, I C ABLE. •a, - -; A• if. __ __ .'�< ;YL ' - k _ _' ,- - - -_ � • #••: _ _' a .... .� r4 - . " _. �_ , J .F. - - s`j o�� a - . -, ia,_ - -• �` `_,_' ; 1. -Y "si - �`_ ' �. PRECINCT NO�6S- WEST HEIGHTS BAPTIST CHURCH, 642 SCOTT DRIVE .P•., COMBINED NUECES COUNTY VOTING PRECINCT NOS. 7, S, 38, SZ, r�' l": 78, 79, 81, 82, 99 AND ALL THAT TERRITORY f` CONTAINED IN COUNTY VOTING PRECINCT N0. 51 LOCATED WITHIN THE CITY LIMITS. MRS. J. H. VETTERS - - JUDGE MRS.- H. A. TYCER ASSISTANT JUDGE - - T"•; _ -� _ MRS. JACK BARF I ELD '_ CLERK - - -_ ..4 J' '>•' - ^'e= MRS. R. J. HEREFORD CLERK t� - - PRECINCT NO. 7 - FRASER ELEMENTARY SCHOOL, AIRLINE AND McARDLE ROADS COMBINED NUECES COUNTY VOTING PRECINCT NOS. 65, 84, $9, 90,s; 91 AND 92 AND THAT PART OF 70 WITHIN THE - _ CITY LIMITS. R. L. WISWELL `" JuoGEt - - _ -_ BEN F. WOOD, JR. ; ' _ ASSISTANT, JUDGE GLEN C. LEBLEU CLERK - - "" P. B. SNYDER - CLERK PRECINCT N0. S = CLARKWOOD INDEPENDENT SCHOOL-'- - - '- -- THAT.PART. OF NUECES COUNTY VOTING PRECINCT NOS. �29 AND 34 WITHIN THE CITY LIMITS. -- - -- MRS. F. C. ,PAYNE JUDGE 4, MRS. D. E. KILGORE: i ASSISTANT JUDGE ' MRS. A. E. MOSTELLO CLERK JES DOTSON n= __ - - -- -CLERK - .... _ -- �,� -• - ' t _ ' -- _ - - } �- v `_ -• 7• - ' -ter - _ - ' - -; a PRECINCT N0. 9 COUNTY BUILDING, ANNAVILLE = y = ,• ' ,,';• ^- ' .. u •;_THAT PART OF NUECES COUNTY VOTING PRECINCT NOS. 9 AND 101,,. x -- �' WITHIN THE CITY LIMITS.'' _ - -=` -'•i _ -_ W. M. MAGEE _ •J_ 'JUDGE 2 - - - MRS. DOROTHY FERRELL - - ASSISTANT JUDGE, - - _ MRS. DOLPH MAGEE ' ' - CLERK - '� MRS. "J:'R. SINCLAIR CLERK _ Z. PRECINCT N0: 10 - TULOSO- MIDWAY HIGH SCHOOL, HOME ECONOMICS WING z ' THAT PART OF NUECES COUNTY VOTING PRECINCT NOS. 100 AND -10 3 WITHIN THE CITY LIMITS.- • - _ ref _ _ MRS. J. W. LAWRENCE JUDGE -rt MRS. D. D. BRAMBLETT ASSISTANT JUDGE MRS. T. W. AMMERMAN CLERK - t'� •. - _ MRS. •ABE WH I TWORTH CLERK LIST OF VOTING PRECINCTS i POLLING PLACES' ELECTION JUDGES AND ASSISTANTS:° " PRECINCT NO. ' 1 - JUDGE GILLELAND'S COURT ROOM '- COUNTY COURTHOUSE - ..- -.. - - . � _ -r, � •- - -- . _, ' - _ . _ -. _ '- - • - tom, =w,r COMBINED NUECES COUNTY VOTING PRECINCT NOS. 01, 2, 4 }s '- T 5, 6, 30, 31, 32, 33, 45, 46,'47'j k 49, -_ - _ AND ALL THAT PORTION OF COUNTY VOTING PRECINCT No. 21 LOCATED WITHIN THE CITY. _ _ _ - _ LIMITS. J. M. HAIGLER -' ° ELECTION JUDGE - _ _H. J. KERBER - - - ASSISTANT JUDGE t _ - MISS GERTRUDE DREYER'4: CLERK MRS. C. P. CULL INAN CLERK ��'• w PRECINCT NO. }2 - WYNN SEALE JR. HIGH SCHOOL ANNEX, 1800 SOUTH STAPLES y`} _+ t_ = =' F COMBINED' NUECES COUNTY VOTING PRECINCT NOS. 9, ILO, 41, Y43j -' ".+ :'i:•= - 53, 56, 57, 58, 62, 73, 83,, 88, 96 AND *` " MRS. SE G.'WELD`ON ELECTION JUDGE MRS. P. A. Tom t i ASSISTANT JUDGE - - - - - ` MRS. JOHN R. LOPEZ; SR. CLERK -- ' - - - - MRS. RUTH SCARLETT _ CLERK It I - PRECINCT N0. 3"= LINDALE RECREATION ^BUILDING, 3133 SWANTNER COMBINED NUECES COUNTY VOTING PRECINCT NOS. 42, 50, 59, 1 - - 63, 67, 68, 69 AND 86. ` MRS. DOLLY CARROLL•- JUDGE - - _ >` =- • _ - MRS. EDWIN OLSEN - ASSISTANT JUDGE - •s -'b '�- MRS. A. C.' ROACH - •, CLERK MRS. RUTH B. GILL - CLERK ,- PRECINCT NO. 4 - HAMLIN JR. HIGH SCHOOL, 3850 SOUTH STAPLES ` COMBINED NUECES COUNTY rVOTING .PRECINCT NOS: 64, 66, 71, 72f 87, 93f 94, 95 AND PART OF 20 WITHIN THE CITY LIMITS. MRS. R. •H. G DEKE'% - JUDGE "a _ ze MRS. M. A. CAGE ASSISTANT JUDGE- L' -. -t, - - MRS. W. P. LIVINGSTON CLERK MRS. D. A. BRANDON CLERK - PRECINCT NO. 5 - LOZANO SCHOOL, 650 OSAGE - - a _ =�• - - "• COMBI NED• NUECES COUNTY VOTING PRECINCT NDS.}44, 60, 61t, - > =r r ' 74, 75, 76, 77, 80, 98 AND THAT PART OF 3_ - 24 WITHIN THE CITY LIMITS. - _ �• MRS.• ROSE GONZ AL ES •JUDGE •5 MRS. J. B. FULTON ASSISTANT JUDGE ?f - cT, -.�• - "1 = MRS. _THELMA K. DAVID ' CLERK • = _ -- =�" __ -- -_ - sti MRS. GEORGE M. CHATMAN CLERK - __ _h 4 2,a• ---{ ..�•,�,. '.?4,'.:: ,�, �_rp -- - ;`:Rs - -d._ °_` A,- �.'- --' p•R �' � - Ns :py - a CORPUS 'CHRISTIj, EXASi ��•: '_aT_ __ .i-. s`t - •t- - , '_a ' j. ` J" - :'.'� -. DAY OF L19 TO THE MEMBERS OF THE CITY COUNCIL - CHRISTI CORPUS s TEXAS - - -{ s;' RFev .r t_�,.. ,. .. '- '- '_•.>`a3r.•FM1 -. ,,.. 2-tt: x j_- ki4 - n�y'4 r » FOR THE REASONS SET FORTH IN THE EMERGENCY` CLAUSE OF •THE FORE —� GOING ORDINANCES A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR f•s'i * " "'- `'- Y' • - `.rte � J` . THE SUSPENSION-OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR.- RESOLUTION SHALL BE P ASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY ' COUNCIL; , THEREFORE HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE ,rya OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED OR AT THE PRESENT MEETING OF THE CITY COUNCIL.'-' _ 'AW ` _ _ •�' is -r.. - - - .- - y ,�_ri -Y. �_ - H - - •,_ - RESPECTFULLY �• }�� _ -`�'. -i _ -` _, ��"``$ #r�`".'�R.+ +ESL T.��.r. +T�` -: �� �ir- ." ',�" THE CITY OF CORPUS ISfI,TEXAS t, i THE CHARTER _ _. A3� SPENDE RULE W SU - - \„t•�si D BY °THE FOLLOWING VOTE7 _- }� BEN F. MCDONALD ' ToMaR. SWANTN -' ° , °�, s _, ;• # - tie .v - - _ i.F - - _.� ;, ,•� r,s . »-. :. -`.a; y: 'F: - - _ _ _ _ _- -- -_-_ - _,�' DR 'JAMES L.T 3 -_ _ xa - _i..- •� °,�,, �' - .. `d _ - d--�aBARNARD - "_ t . , -FS •LL, °` _ - < "„ ` JOSE R.' EON r DEL _ •,a:,,s<. -i -- f M.> Pe MALDONADO ^' c• rx' k i.' W. J. ROBERTS- ; fM1:� - /- -?•;'' *-`_ -,$ �, `- _ '� L M13' -. JAMES H. YOUNG_ -.,F - s+ ' _ _ _ :o_ -' � ' `" . -• •' :4' ". - -, '>s - THE ABOVE ORDINANCE WAS •r •' PASSED BY THE { +FOLLOWI G VOTE; - ' °k° ' "' yt y 4 x+a4 r y •� BEN }F.- MCDONALD ` : -:,�, ;` - - '��� „�• TOM R. SWANTNER �'•: ” s' R.` JAMES L. BARNARD ' / " -P, JOSE DELEON' -_ - - ^��•- _ �$ -' -� _�* M. rP. MALDONADO W. ROBERTS ° ✓ JAMES H. YOUNG'� y3+ _;• � ,F\ - `' •k, ,� - - j.yi..� °' _`i' -,i _ V'e -��, .•'a..: 'it "- 'i :''� - - ' - }' � � . ♦ "- ,- - -`�i -_ � .- - _ .•sirs' .Y - - - - _ - -r ;/ '».!�- - - r _ : _ _ - - •'-•}•iii' .sc .p ;` _ ` p� a, » l �_ `- f' Y y'. }l _ - - - R', - : �.. _ - _ w+» `..r+ ..S r,�•` 4�- 3 _ - fi. ' '� :�� fir. - -f ' 'C• - • \r, , _ .qty _ - -.4. �_�•.,.• -j`n -_ - _ #. .�`, ;` } -?_ i _ - .r` -� , _ �: