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HomeMy WebLinkAbout06832 ORD - 03/06/1963AN ORD I NANCE 3 �' ORDERING AN ELECTION TO BE HELD ON THE 2ND DAY OF APRIL, 1963, AT WHICH ELECTION THERE SHALL BE SUBMITTED TO A VOTE OF THE QUALIFIED VOTERS OF THE CITY OF CORPUS CHRISTI THE QUESTION OF GRANTING A FRANCHISE, FOR A TERM OF FIVE (5) YEARS, TO CORPUS CHRISTI MUNICIPAL GAS CORPORATION, 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 WITHIN THE AREAS DESCRIBED IN SAID FRANCHISE, AS IS FULLY DESCRIBED IN ORDINANCE N0, 6757, GRANTING SAID FRANCHISES FINALLY PASSED ON THE 9TH DAY OF JANUARY, 1963, A COPY OF WHICH FRANCHISE IS INCLUDED HEREIN AND MADE A PART HEREOF; AND ORDERING AN ELECTION TO BE HELD ON THE 2ND DAY OF APRIL, 1963, AT WHICH ELECTION THERE SHALL BE SUBMITTED TO A VOTE OF 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 GRANTING A FRANCHISE FOR A PERIOD OF FIFTEEN (15) YEARS TO CORPUS CHRISTI MUNICIPAL GAS CORPORATION'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 SAID FRANCHISE; DESCRIBING THE.AREAS WITHIN WHICH SUCH FRANCHISE SHALL BE APPLICABLE AND WHICH AREA IS GENERALLY REFERRED TO AS THE SOUTH AREA, THE SOUTHWEST AREA AND THE NORTHWEST AREA, ALL AS SET FORTH IN SAID PROPOSED FRANCHISE AND ORDINANCE; DESIGNATING THE PLACES FOR HOLDING BOTH OF SAID ELECTIONS; NAMING THE OFFICERS THEREFOR; PROVIDING FOR THE SUBMISSION OF THE QUESTION OF RATIFICATION OF THE FIVE (5) YEAR FRANCHISE FIRST MENTIONED IN THE CAPTION HEREINABOVE TO BE VOTED ON AS PROPOSITION "A" AND PROVIDING FOR THE FRANCHISE ORDINANCE FOR FIFTEEN (15) YEARS TO BE VOTED ON AS PROPOSITION "B" AT SAID ELECTION; AND ENACTING PROVISIONS INCIDENT TO AND RELATING TO THE HOLDING OF SUCH ELECTION AND THE RETURNS THEREOF; AND DECLARING AN EMERGENCY, WHEREAS, PETITION HAS BEEN FILED WITH THE CITY SECRETARY AND THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI PETITIONING FOR THE CALLING OF AN ELECTION ON THE QUESTION OF GRANTING A FIVE (5) YEAR FRANCHISE TO CORPUS CHRISTI MUNICIPAL GAS CORPORATION AS WAS FULLY DESCRIBED IN ORDINANCE No. 6757, FINALLY PASSED ON THE 9TH DAY OF JANUARY, 1963: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1< THAT AN ELECTION SHALL BE HELD IN THE CITY OF CORPUS CHRISTI ON THE 2ND DAY OF APRIL, 1963, FOR THE PURPOSE OF SUBMITTING TO THE s QUALIFIED VOTERS OF THE CITY OF CORPUS CHRISTI THE QUESTION OF GRANTING A FRANCHISE FOR A TERM OF FIVE (5) YEARS, TO CORPUS CHRISTI MUNICIPAL GAS CORPORATION, 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 WITHIN THE AREAS DESCRIBED IN SAID FRANCHISE, AS IS FULLY DESCRIBED IN ORDINANCE No, 6757, GRANTING SAID FRANCHISE FINALLY PASSED ON THE 9TH DAY OF JANUARY, 1963, A COPY OF WHICH FRANCHISE IS MADE A PART HEREOF AND READS AS FOLLOWS, TO -WITS -2- 1= AN ORDINANCE 7 AN ORDINANCE GRANTING TOCORPUCHA�S7TIi MUNICE ICIPAL CON — CORPORATION T PRIVILEGE HE R1GHTa STRUCT AND OPERATE GAS PIPES AND MAINS ALONG THE STREETS, AVENUES, ALLEYS AND PUBLIC PLACES OF THE CITY OF CORPUS CHRISTI FOR DISTRIBUTION TN�AL NATURAL NG TE TERMS, OBL II GA S AM LIMITATIONS SCRI6I UPON AND UNDER WHICH SUCH RIGHT, PRIVILEGE AND FRANCHISE SHALL BE EXERCISED; D PROVIDING CHARTERR PUBLICATION OF THIS ORDINANCE ED BE IT ORDAINED -13y THE tITY COUNCIL-OFTHE CITY OF CORPUS CHRISTI, TEXAS, SECTION to THERE IS HEREBY GRANTED TO CORPUS CHRISTI MUNICIPAL CCE$SORSAND ASSIGNS) SUBJECT GAS CORPORATION, HEREIN CALLED GRANTEEy ITS SU TO THE TERMS AND CONDITIONS HEREOF, THE RtGHTy PRIVILEGE AND FRANCHISE TO CONSTRUCT) EXTEND) OPERATE AND MAINTAIN, FROM TIME TO TIME AND CONTINOUSLY 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 INOU_STRIALa COMMERCIAL, EDUCATIONAL AND OTHER INSTITUTIONS LOCATED IN THE PORTION OR PORTIONS OF THE CITY OF CORPUS CHRISTI AS DESIGNATED AND DESCRIBED IN SECTION Z HEREOF AT SUCH RATES AS THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI SHALL MAKE, FROM TIME TO TIME, AND FOR THE TRANS- PORTATION AND SALE BY GRANTEE OF NATURAL GAS IN, INTO AND THROUGH THE ITY OF CORPUS CHRISTI DESIGNATED AND DESCRIBED PORTION OR PORTIONS OF THE C IN SECTION 'L HEREOF, UPON, BENEATH, OVER AND ACROSS THE STREETS, AVENUES) PUBLIC UTILITY EASEMENTS, BRIDGES) STREAMS, ALLEYS, PARKS, THOROUGHFARES) IN TERRITORY DESIGNATED AND DESCRIBED - LANES AND SQUARES OF SAID CITY LOCATED IN SECTION 2 ! HEREOF THE TERRITORY COVERED BY THIS FRANCHISE, HEREIN SECTION F CALLED "FRANCHISE AREA ") IS DESCRIBED AS FOLLOWS) TO -WIT' ° AREA 1 SOUTH AREA BEGINNING AT THE INTERSECTION OF THE SOUTH BOUNDARY LINE OF DODDRIDGE STREET PROJECTED AND -THE SHORELINE OF CORPUS CHRISTI SAY; THENCE IN A SOUTHWESTERLY DIRECTION WITH THE PROJECTION OF THE SOUTH BOUNDARY LINE OF DODDRIDGE STREET AND THE SOUTH BOUNDARY LINE OF DODDRIDGE STREET TO A POINT IN THE EAST BOUNDARY LINE OF ALAMEDA DRIVES SAME BEING THE NORTHWEST CORNER OF LAMAR PARK SUBDIVISION; THENCE IN A SOUTHEASTERLY DIRECTION WITH THE NORTHEAST BOUNDARY LINE OF ALAMEDA DRIVE TO THE INTERSECTION OF THE WEST BOUNDARY LINE OF AIRLINE ROAD; THENCE IN A SOUTHERLY DIRECTION ALONG AND WITH THE WEST BOUNDARY LINE OF AIRLINE ROAD TO A POINT OF INTERSECTION WITH A LINE PARALLEEL',TO AND 132 FEET NORTHWPT OF THE NORTHWEST BOUNDARY LINE OF SECTION 1144 FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SAME LINE BEING PARALLEL TO AND 132 FEET NORTHWEST OF THE NORTHWEST BOUNDARY LINE OF KOOLSIDE ADDITION; THENCE IN A SOUTHWESTERLY DIRECTION ALONG AND WITH A LINE PARALLEL TO AND 132 FEET NORTHWEST OF THE NORTHWEST BOUNDARY LINE OF SECTION #14 FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS TO A POINT OF INTER- SECTION WITH THE CENTER LINE OF MCARDLE ROAD; THENCE IN A SOUTHEASTERLY DIRECTION ALONG AND WITH THE CENTER LINE OF WARDLE ROAD TO THE MOST NORTHERLY CORNER OF SECTION #13, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS; THENCE IN A SOUTHWESTERLY DIRECTION ALONG AND WITH THE NORTHWEST BOUNDARY LINE OF SECTION #13; FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS AND THE - CENTER LINE OF SOUTH STAPLES STREET (DUMP ROAD) TO A POINT OF INTER- SECTION WITH THE SOUTHWEST BOUNDARY LINE OF HOLLY ROAD, THENCE IN A SOUTHEASTERLY DIRECTION ALONG AND WITH THE SOUTHWEST BOUNDARY LINE OF SAID HOLLY ROAD TO A POINT 180 FEET SOUTHEAST OF THE CENTER LINE OF SOUTH STAPLES STREET (DUMP ROAD), THENCE IN A NORTHEASTERLY DIRECTION ALONG A LINE 180 FEET SOUTHEAST OF AND PARALLEL TO THE CENTER LINE OF SAID SOUTH STAPLES STREET (DUMP ROAD) TO POINT 180 FEET SOUTHWEST OF THE CENTER LINE OF A COUNTY - ROAD SOMETIMES KNOWN As THOMPSON ROAD OR WILLIAMS DRIVE; SAME BEING A POINT 180 FEET S.E. OF THE CENTER OF SOUTH STAPLES STREET (DUMP ROAD AND 180 FEET SOUTHWEST OF THE NORTHEAST LINE OF LOT 17; BLOCK 13 OF THE FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, THENCE IN A SOUTHEASTERLY DIRECTION ALONG A LINE 180 FEET SOUTHWEST OF AND PARALLEL TO THE NORTHEAST BOUNDARY LINE OF LOTS 17 TO 24•INCLUSIVE; SECTION #13, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS AND-THE CENTER LINE OF THOMPSON ROAD OR WILLIAMS DRIVE TO A POINT 660 FEET SOUTHEAST OF THE CENTER OF -RODD FIELD ROAD SOMETIMES CALLED LANGLEY BLVD. AS NOW EXISTING, SAME BEING -A POINT ON THE SOUTHEAST LINE OF LOT 17, BLOCK 28, AND 180 FEET SOUTHWEST OF THE NORTHEAST LINE OF LOT 17; BLOCK 28 OF THE FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS;° • THENCE IN A NORTHEASTERLY DIRECTION ALONG A LINE 660 FEET SOUTHEAST OF AND PARALLEL TO THE CENTER LINE OF SAID ROOD FIELD ROAD OR LANGLEY BLVD. AS NOW EXISTING TO THE MEAN LOW TIDELINE OF THE CAYO DEL OSO,, SAME LINE BEING IN A NORTHEAST DIRECTION ALONG THE SOUTHEAST LINE Do- LOTS #17, #16, AND #1 OF BLOCK #28; AND LOTS #6 AND #1, OF BLOCK #291 FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS; THENCE IN A NORTHERLY DIRECTION WITH THE MEANDERS OF THE SAID MEAN LOW TIDELINE OF THE CAYO DEL 0S0 TO A POINT AT THE INTERSECTION OF THE SAID MEAN LOW TIDELINE WITH THE EASTERN BOUNDARY LINE OF ENNIS JOSLIN ROAD AS NOW EXISTING;; THENCE IN A NORTHERLY DIRECTION ALONG AND WITH THE-EASTERN BOUNDARY LINE OF SAID ENNIS JOSLIN ROAD TO A POINT OF INTERSECTION WITH THE NORTHEAST BOUNDARY LINE OF SECTION #17, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS; THENCE IN A SOUTHEASTERLY DIRECTION ALONG AND WITH THE NORTHEAST BOUNDARY LINE OF SECTION #17, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, TO THE WEST BANK OF CAYo DEL QSO' THENCE IN A NORTHEASTERLY DIRECTION FOLLOWING THE MEANDERS OF THE WEST BANK OF CAYO DEL CISO, SAME BEING THE PRESENT CITY LIMITS LINE TO ITS INTERSECTION WITH CORPUS CHRISTI BAY; - THENCE IN A NORTHWESTERLY DIRECTION WITH THE SHORELINE OF CORPUS CHRISTI BAY TO THE SOUTH BOUNDARY LINE OF DODDRIDGE STREET, PROJECTED, BEING THE PLACE OF BEGINNING. THE SOUTH AREA OR AREA 1, ABOVE DESCRIBEDy ALSO INCLUDES ALL CONTIGUOUS TERRITORY ANNEXED BY THE CITY OF CORPUS CHRISTI, BUT SHALL BE LIMITED TD THE TERRITORY LYING AND SITUATED SOUTH, AND SOUTHEASTERLY OF SOUTH STAPLES STREET (DUMP ROAD) AND OF ANY PROJECTION OR EXTENSION OF SUCH STREET OR ROAD. AREA 2 SOUTHWEST AREA BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF GOLLIHAR ROAD AND ON THE SOUTHEAST BOUNDARY LINE OF CARROLL -LANE; THENCE IN A NORTHEASTERLY DIRECTION WITH THE SOUTHEAST BOUNDARY LINE OF CARROLL LANE TO A POINT 185 FEET NORTHEAST OF THE NORTHEAST BOUNDARY LINE OF HOUSTON STREET; THENCE IN A NORTHWESTERLY DIRECTION WITH A LINE THAT IS 185 FEET NORTHEAST OF AND PARALLEL TO THE NORTHEAST BOUNDARY LINE OF HOUSTON STREET TO ITS INTERSECTION WITH THE SOUTHWEST BOUNDARY LINE OF WESTGARD LANE AND FOLLOWING THE SOUTHWEST BOUNDARY LINE OF WESTGARD LANE AND ITS NORTHWESTERLY EXTENSIONS THEREOF TO A POINT IN THE SOUTHEAST BOUNDARY LINE OF SAM HOUSTON ADDITION' THENCE IN A SOUTHWESTERLY DIRECTION WITH THE SOUTHEAST BOUNDARY LINE OF SAM HOUSTON ADDITION, TO THE NORTHEAST BOUNDARY LINE OF HORNE ROAD; THENCE IN A NORTHWESTERLY DIRECTION ALONG AND WITH THE NORTHEAST BOUNDARY LINE OF HORNE ROAD AND THE SOUTHWEST BOUNDARY LINE OF CLIFF MAUS MUNICIPAL AIRPORT TO THE POINT OF INTERSECTION WITH THE NORTHWEST LINE OF OLD BROWNSVILLE ROAD; THENCE IN A NORTHEASTERLY DIRECTION ALONG AND WITH THE NORTHWESTERLY BOUNDARY LINE OF OLD BROWNSVILLE A POINT INTERSECTI WITH CENTERLINE OF COUNTYROAD#34 SOMETIMES KNOWN ASHENNIPENN STREET OR KOSAR ROAD, NEAR THE SOUTHEAST CORNER OF BLOCK #15 OF THE RUSSELL FARM TRACTS°. THENCE IN A WESTERLY DIRECTION ALONG AND WITH THE CENTER LINE OF SAID COUNTY ROAD #34 SOMETIMES KNOWN AS HENNIPEN STREET OR KOSAR ROAD TO A POINT OF INTERSECTION WITH A LINE PARALLEL TO AND ONE- QUARTER (1%4) MILE NORTHWEST OF THE CENTER LINE OF OLD BROWNSVILLE ROAD AS NOW EXISTING; THENCE IN A SOUTHWESTERLY DIRECTION WITH A LINE PARALLEL TO AND ONE - QUARTER (1/4) MILE NORTHWEST OF THE CENTER LINE OF OLD BROWNSVILLE ROAD TO A POINT ONE-QUARTER (1%4) MILE SOUTHWESTERLY FROM THE CENTER LINE OF LEXINGTON BLVD. RIGHT OF WAY FOR A CORNER; 9 THENCE IN A SOUTHEASTERLY DIRECTION ALONG A LINE ONE - QUARTER (1/+i MILE SOUTHWESTERLY FROM AND PARALLEL TO THE CENTER LINE OF SAID LEXINGTON BLVD. RIGHT OF WAY TO THE MOST NORTHERN CORNER OF SOUTHLAND ESTATES SUBDIVISION, SAME LINE BEING THE NORTHEAST BOUNDARY LINE OF LOTS #6 AND f3, SECTION #41 AND THE NORTHEAST LINE OF LOT #61 SECTION #3 OF THE BOHEMIAN COLONY LANDS; THENCE IN A SOUTHWESTERLY DIRECTION WITH THE NORTHWEST BOUNDARY LINE OF SAID SOUTHLAND ESTATES SUBDIVISION TO THE MOST WESTERLY CORNER OF SAID SUBDIVISION; THENCE SOUTHEAST ALONG THE SOUTHWEST LINE OF SOUTHLAND ESTATES SUB- DIVISION AND THE MORAVIAN VILLAGE SUBDIVISION AND ITS SOUTHEASTERLY EXTENSION TO A POINT 180 FEET SOUTHEAST OF THE CENTER LINE OF KOSTORYZ ROAD, THENCE NORTHEAST WITH A LINE 180 FEET SOUTHEAST OF AND PARALLEL TO THE CENTER LINE OF KOSTORYZ ROAD TO A POINT IN THE NORTHEAST LINE OP LOT 6, SECTION 2p BOHEMIAN COLONY LANDS, SAID POINT BEING 180 FEET SOUTH- EAST OF THE CENTER LINE OF KOSTORYZ ROAD; THENCE NORTHEAST WITH A LINE 180 FEET SOUTHEAST OF AND PARALLEL TO THE CENTER LINE OF KOSTORY2 ROAD TO A POINT IN THE NORTHEAST LINE OF LOT 6, SECTION 20 BOHEMIAN COLONY LANDS, SAID POINT BEING 180 FEET SOUTH- EAST OF THE CENTER LINE OF KOSTORYZ ROAD; THENCE SOUTHEAST ALONG THE NORTHEAST LINES OF LOTS #6 AND #3, SECTION #2, BOHEMIAN COLONY LANDS TO A POINT ONE (1) FOOT NORTHWEST OF THE SOUTHEAST BOUNDARY LINE OF WEBER ROAD; THENCE NORTHEAST WITH A LINE PARALLEL TO AND ONE (1) FOOT NORTHWEST OF THE SOUTHEAST BOUNDARY LINE OF WEBER ROAD TO A POINT 99.75 FEET SOUTHWEST OF THE CENTER LINE OF GOLLIHAR ROAD; • THENCE SOUTHEAST WITH A LINE PARALLEL TO AND 99-75 FEET SOUTHWEST OF THE CENTER LINE OF GOLLIHAR ROAD A DISTANCE OF 141 FEET TO A POINT, SAME BEING THE MOST SOUTHERLY CORNER OF HOUSTON-NATURAL GAS CORPORATIONBS METER AND REGULATION STATION SITE OUT OF LOT #12, SECTION °AR, PAISLEYS SUBDIVFSION OF THE HOFFMAN TRACT; THENCE NORTHEAST WITH A LINE PARALLEL TO AND 180 FEET SOUTHEAST OF THE CENTER LINE OF WEBER ROAD TO A POINT IN THE CENTER LINE OF GOLLIHAR ROAD; - THENCE NORTHWEST WITH THE CENTER LINE OF G,OLLIHAR ROAD TO THE SOUTH- EAST BOUNDARY LINE OF CARROLL LANE, THE PLACE OF BEGINNING. THE SOUTHWEST AREA OR AREA 2, ABOVE DESCRIBED, ALSO INCLUDES ALL CONTIGUOUS TERRITORY LYING AND SITUATED SOUTHWESTERLY OF SUCH AREA, ANNEXED TO THE CITY OF CORPUS CHRISTI, BUT SHALL BE LIMITED TO TERRITORY LYING AND SITUATED BETWEEN AN EXTENSION OR PROJECTION OF THE MOST NORTHWESTERLY LINE OF SUCH AREA, DESCRIBED ABOVE, AND OF ANY EXTENSION OR PRO- JECTION OF WIESER ROAD. IV • AREA 3 NORTHWEST AREA BEGINNING AT THE INTERSECTION OF THE WEST BOUNDARY OF POTH LANE AND THE NORTH BOUNDARY LINE OF UP RIVER (SHELL) ROAD; THENCE IN A SOUTHWESTERLY DIRECTION ALONG AND WITH THE SOUTHEAST BOUNDARY LINE OF WESTCHESTER PLACE AND THE NORTHWEST BOUNDARY LINE OF VILLA GARDENS SAME BEING THE 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 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 WAY LINE OF A 40 -FOOT WIDE WATER LINE EASEMENT CONVEYED TO THE CITY OF CORPUS CHRISTI BY DEED DATED APRIL 99 1954a AND RECORDED IN VOL. 634, PAGE 244, DEED RECORDS OF NUECES COUNTY, TEXAS, BEING APPROXI- MATELY 645 FEET NORTH OF THE NORTH RIGHT OF WAY LINE OF THE TEXAS MEXICAN 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 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- MENT DATED PARCH 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 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, TEXASS AND INSTRUMENT DATED APRIL 71 1954, OF RECORD IN VOL. 634, PAGE 2942 DEED RECORDS OF NUECES COUNTY, POINT IN THE OR FOR14ERRLYH N LINE ANDS ARTHUR MERRITT; • THENCE N. 530 We 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 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 AND CONTINUING ALONG THE SOUTHWEST BOUNDARY LINE OF CENTRAL POWER 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. LOU18� BROWNSVILLE AND MEXICO RAILROAD (ALSO CALLED MISSOURI PACIFIC RAILROAD) RIGHT OF WAY; THENCE CONTINUING ALONG THIS SAME LINE CROSSING THE ST. LOUIS, BROWNSVILLE, AND MEXICO RAILROAD RIGHT OF WAY AND CONTINUING ALONG THE SOUTHWEST BOUNDARY LINE OF A 135.68 ACRE TRACT OF LAND NOW OR FORMERLY IN THE NAME OF P. M. RUSHING AND THE NORTHEAST BOUNDARY LINE 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; 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. 77; THENCE IN A N. 77 77 AS DIRECTION WIDENED WITH WEST RIGHT OF WAY LINE OF CONTINUING STATE HIGHWAY Y No. ALONG THE NEST RIGHT OF MAY OF U. S. HIGHWAY NO. 77 TO ITS INTER- 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; THENCE IN A NORTHERLY DIRECTION WITH A LINE THAT IS 50 FEET SOUTHWEST OF AND PARALLEL TO THE SOUTHWEST BOUNDARY LINE OF RIVER FOREST SUB- DIVISION TO A POINT IN THE SOUTHEAST 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; THENCE IN A NORTHWESTERLY DIRECTION WITH THE SOUTHWEST BOUNDARY LINE OF SAID CITY OF CORPUS I T TRACT T THE SIDE OF THE NUECES RIVERS BEING A POIONTTHE LOW-WATER LINEOOFH THE RIGHT SIDE OF THE RIVER GOING DOWNSTREAM; THENCE DOWNSTREAM WITH THE MEANDERS OF THE LOW -WATER LINE ON THE RIGHT SIDE OF THE NUECES RIVER GOING DOWNSTREAM TO ITS INTERSECTION WITH THE WEST RIGHT OF WAY LINE OF STATE HIGHWAY NO. 9 NEAR THE NUECES RIVER BRIDGE; THENCE IN A SOUTHERLY DIRECTION WITH THE WEST RIGHT OF WAY LINE OF STATE HIGHWAY N0. 9 TO A POINT WHERE SAID LINE WOULD INTERSECT WITH THE NORTH BOUNDARY LINE OF LOT 17 OF CALALLEN IRRIGATION GARDEN SUB- DIVISION IF SUCH LATTER LINE WERE EXTENDED WESTERLY; • • THENCE CROSSING STATE HIGHWAY N0. 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 MISSOURI PACIFIC RAILROAD; THENCE IN A SOUTHERLY DIRECTION WITH THE EAST RIGHT OF WAY LINE OF THE MISSOURI PACIFIC RAILROAD RIGHT OF WAY AND THE SOUTHWEST BOUNDARY LINE OF SHARPSBURG ROAD TO THEIR POINT OF DIVERGENCE; THENCE IN A SOUTHEASTERLY DIRECTION ALONG THE SOUTHWEST RIGHT OF WAY LINE OF SHARPSBURG ROAD, TO A POINT WHICH WOULD BE THE INTER- SECTION 8.88 SAID LINE WITH ORMERLY NORTH BOUNDARY H.ND.OF COUNTESS IF SAID NORTH BOUNDARY LINE OF SAID 8.85 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 NORTHWEST BOUNDARY LINE OF A 67.826 ACRE TRACT OWNED BY THE CITY OF 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 WHICH IS THE NORTHEAST CORNER OF TRACT 7 OF THE NOAKES PARTITION, WHICH TRACT 7 IS DESCRIBED IN THAT CERTAIN DEED RECORDED IN VOL. 806, 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 0441 W. ALONG THE EASTERN BOUN- DARY LINE OF SAID TRACT 7 OF THE NOAKES PARTITION TO 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 LINE OF UP RIVER ROAD (SHELL ROAD) TO ITS INTERSECTION WITH THE NORTH RIGHT OF WAY LINE OF PROPOSED INTERSTATE HIGHWAY NO. 37 AS ESTABLISHED BY THE TEXAS HIGHWAY DEPARTMENT FOLLOWING THE PUBLIC HEARING OF MARCH 22, 1961; THENCE IN AN EASTERLY DIRECTION WITH THE NORTH RIGHT OF WAY LINE OF THE PROPOSED INTERSTATE HIGHWAY NO. 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 INTERSECTION OF SAID NORTH RIGHT OF WAY LINE WITH THE SOUTHEAST BOUNDARY LONE 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 THE SAME COURSE TO A POINT IN THE NORTH BOUNDARY LINE OF SAID ROAD; THENCE IN A SOUTHEASTERLY DIRECTION WITH THE NORTHEAST RIGHT OF WAY LINE OF UP RIVER ROAD (SHELL ROAD) TO ITS INTERSECTION WITH THE EAST BOUNDARY LINE OF AN 87.71 ACRE TRACT OF LAND NOW OR FORMERLY IN THE NAME OF CORPUS CHRISTI GOLF AND COUNTRY CLUB] THENCE IN A NORTHERLY DIRECTION WITH THE EAST BOUNDARY LINE OFNSAID 87.71 ACRE TRACT TO THE SOUTHWEST CORNER OF A 5.37 ACRE OR FORMERLY IN THE NAME OF ALVIN HERBERICK; THENCE IN AN ACRE DIRECTION AE POINT WITH SOUTH RIGHT OF L OF WAY LINE SAID 5.37 NE OF CANTWELL LANE; THENCE IN A SOUTHERLY DIRECTION WITH THE WEST RIGHT OF WAY LINE OF CANTWELL LANE TO ITS INTERSECTION WITH THE NORTH RIGHT OF WAY LINE OF UP RIVER ROAD SHELL ROAD); THENCE IN AN EASTERLY DIRECTION WITH THE NORTH RIGHT OF WAY LINE OF UP RIVER ROAD (SHELL ROAD) TO THE PLACE OF BEGINNING. AREA 4 ALL THAT AREA LYING BETWEEN AREAS P AND 3 AS ABOVE DESCRIBEDO LYING SOUTHWEST OF THE CITY LIMITS LINE THE IPR PRESENT CI PRIOR M O THE ANNEXATION OF SEPTEMBER 171 1962p AND IV . I SECTION 3. THIS FRANCHISE SMALL REMAIN IN FORCE FOR A PERIOD OF YEARS FROM THE DATE OF ITS ACCEPTANCE BY GRANTEE$ WHICH ACCEPTANCE SHALL BE MADE AS HEREINAFTER PROVIDED. SECTION 4. AS PART OF THE CONSIDERATION FOR THE GRANTING OF THIS FRANCHISE, GRANTEE SHALL PAY TO THE CITY ANNUALLY$ DURING THE PERIOD OF THIS FRANCHISE$ (A) PAYMENTS IN LIEU OF AD VALOREM TAXES$ SUCH PAYMENTS IN LIEU OF TAXES TO BE DETERMINED IN THE SAME MANNER AS AD VALOREM TAXES ARE DETERMINED; AND (B) TWO (2%) PERCENT UPON ITS ANNUAL GROSS RECEIPTS FROM THE SALE OF GAS AT SALE DELIVERY POINTS LOCATED WITHIN THE FRANCHISE AREA$ SUCH PAYMENT TO BE MADE ON OR BEFORE SIXTY (60) DAYS AFTER THE END OF EACH CALENDAR YEAR. SECTION 5. ON OR BEFORE SIXTY (60) DAYS AFTER THE CLOSING OF EACH CALENDAR YEAR DURING THE LIFE OF THIS FRANCHISE, GRANTEE SHALL FURNISH TO THE COUNCIL A WRITTEN STATEMENT SHOWING ITS GROSS RECEIPTS FROM THE SALE OF GAS WITHIN THE FRANCHISE;AREA FOR THE PREVIOUS CALENDAR YEAR, AND SIMULTANEOUSLY GRANTEE SHALL MAKE PAYMENT TO THE CITY OF THE TWO `2%) PERCENT OF THE GROSS RECEIPTS AS PROVIDED FOR IN THE PRECEDING SECTION. THE BOOKS OF GRANTEE SHALL BE SUBJECT$ AT ALL TIMES, TO INSPECTION BY THE COUNCIL AND OTHER AUTHORIZED CITY OFFICIALS. SECTION 6. SUBJECT TO THE PERFORMANCE BY IT OF ALL OBLIGATIONS ASSUMED HEREIN$ THE CHARTER AND ORDINANCES OF THE CITY, AND THE TERMS AND CONDITIONS HEREOF$ GRANTEE SHALL HAVE THE RIGHT TO EXTEND$ REPLACE AND REPAIR ITS PIPEAGE SYSTEM NOW IN USE AND HEREAFTER CONSTRUCTED CO- EXTENSIVE WITH THE LIMITS OF THE FRANCHISE AREA, BUT SHALL RESTORE THE STREETS UPON WHICH THE PIPES ARE EXTENDED$ REPLACEO$ 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 OF ITS INTENTION TO DO SO. ALL SUCH WORK SHALL SPECIFICATIONS AND SUPERVISION OF SAID DIRECTOR BE DONE UNDER APPROVED AND IN COMPLIANCE WITH ALL ORDINANCES RELATING THERETO. TO THIS END, ONCEDES TO GRANTEE THE RIGHT AND PRIVILEGE THE CITY HEREBY GRANTS AND C -0- y • TO ENTER UPON' AND TO CONSTRUCTy OPERATE AND MAINTAIN ITS MAINS AND PIPES IN, UPONy ACROSS AND ALONG ANY AND ALL OF THE STREETS, SQUARES, PARKS, LANES) PUBLIC UTILITY EASEMENTSy 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, AND OVER AND ACROSS ANY STREAM OR BRIDGE, AND TO MAKE SUCH EXCAVATIONS AS MAY BE NECESSARY, AND TO TAKE UPy CONSTRUCT, REPAIR, REPLACE, 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 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 HOLD THE CITY HARMLESS ON ALL CLAIMS FOR LOSS DUE 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 FEAS LEy ALL PAVED STREET CROSSINGS SHALL BE BORED OR PUNCHED BUT NOT CASED, AND ALL PIPELINES LAID IN ANY STREET AREA SHALL BE LAID I"B BETWEEN THE CURB AND SIDEWALK WHENEVER IT IS POSSIBLE `TO DO SO- SECTION -71 IF, IN THE OPINION OF THE COUNCIL, THERE IS AN UNREASONABLE DELAY BY GRANTEE IN RESTORING STREETS, HIGHWAYS, BRIDGES, ETC., AFTER EXCAVATIONS, REPAIRS AND EXTENSIONS HAVE BEEN MADE) THE CITY SHALL HAVE THE RIGHT TO RESTORE OR REPAIR THE SAME AND TO REQUIRE GRANTEE TO PAY THE REASONABLE COST THEREOF - SECTION S. ALL DIRT, RUBBISH, AND MATERIAL LEFT AFTER THE STREETS, HIGHWAYS, ALLEYS OR OTHER PUBLIC PROPERTY HAVE BEEN RESTORED -3- OR REPAIRED BY GRANTEE SHALL BE REMOVED BY IT AT ONCE -. IF, AFTER SUCH RESTORATION OR REPAIRING, THE PLACES EXCAVATED AND REFILLED BECOME DE- PRESSED OR SINK BECAUSE OF WORK DONE BY GRANTEE SO AS NOT TO BE IN AS GOOD CONDITION AS BEFORE THE EXCAVATIONS WERE MADE, THENp 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 CON- DITION AS BEFORE THE EXCAVATIONS WERE MADEp AND UPON GRANTEES FAILURE SO 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. 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 ANYONE TIME OF ANY UNFILLED EXCAVATION OR DITCH IN EXCESS OF A TOTAL DISTANCE VF FIVE HUNDRED (500) FEET ANY PUBLIC STREET, ALLEY, THOROUGHFARE,OR OTHER PUBLIC PLACE. ANY WORK BE THE 9E DDRS NECESSITATING , LNG DONE, WHETHER E %TENSIONS OR REPAIR ,•, EXCAVATING OR TEARING UP OF A 5 BLE TREET SHALL E WITH ALL REASONA _ DISPATCH AND tN :SUCH MANNER AS NOT TO INTERFERE UNNECESSARILY WITH THE USE OF THE STREET FOR TRAVEL... �• �'•' " " "' SECTION 10. GRANTEE SHALL NOT I MPAIR.�N_ ANY.MANNER THE,NATURAL OR ARTIFICIAL DRAINAGE OF THE CITY OR_.ITg UNDERGROUND „FIXTIIRES�O AND IN CROSSING ANY STREAM; CANAL OR WATERWAY WITH ITS LINES ,IT SHALL DO-SO �N. SUCH MANNER AS NOT TO IMPAIR NAVIGATION OR THE NATURAL DRAINAGE OF THE STREAM, AND TO THE SATISFACTION OF THE COUNCIL - SECTION 11- IN MAKING EXTENSIONS OR REPAIRS TO ITS PIPEAGE SYSTEMp GRANTEE SHALL NOT INTERFERE WITH ANY SEWERp 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 OR MOLESTED IN ANY MANNER EXCEPT WITH THE CONSENT AND UNDER THE DIRECTION OF THE DIRECTOR OF PUBLIC WORKS AND DIRECTOR OF PUBLIC UTILITIES - SECTION 12. IF, IN LAYING ITS 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 -4- I • 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 MADE, AND AT WHOSE COST$ AND SHALL RECONCILE THE DIFFERENCES OF THE PARTIES IN SUCH MATTER. SECTION 13. IF, IN CONSTRUCTING ITS SEWERS, STREETS 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 SHALL BE PROMPTLY SHIFTED OR RELOCATED BY GRANTEE AT ITS OWN EXPENSE AS AND WHEN REQUIRED BY THE CITY. SECTION 14.--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 (1) 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 15. GRANTEEIS METERS SHALL BE SUBJECT, AT ALL REASON- ABLE TIMES, TO INSPECTION BY THE AUTHORIZED AGENTS OF THE CITY. GRANTEE SHALL BE SUBJECT TO AND WILL COMPLY WITH ALL ORDINANCES NOW IN FORCE AND ALL ORDINANCES THAT MAY BE HEREAFTER PASSED BY THE CITY COUNCIL. SECTION 16. 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 NEALTH, SAFETY OR CONVENIENCES OF THE PUBLIC, GRANTEE,-ON REQUEST OF THE DIRECTOR OF PUBLIC WORKS, WILL RESTORE SAME TO GOOD CONDI- TION; AND UPON GRANTEES 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 COST OF WHICH GRANTEE SHALL BE-LIABLE -. SECTION 17. EACH AND EVERY CONSTRUCTION AND RECONSTRUCTION OF GRANTEE'S GAS FEEDER PIPE LINES TO EFFECT DELIVERY OF GAS BEING SUCH PIPELINES THAT ARE LOCATED IN ANY OF THE CITY STREETS, PRIVATE OR PUBLIC RIGHTS OF WAY AND UTILITY EASEMENTS, SHALL BE PLANNED, CONSTRUCTED AND COMPLETED IN ACCORDANCE WITH THE FOLLOWING BASIC CONTROL STANDAROSY -5- • 0 �t! IN DEVELOPING PLANS FOR SUCH GAS MAINS THE BASIS CRITERIA SHALL BE: (A) A NORMAL DESIGN PRESSURE UP TO 25 P.S -I.G. AND A PEAK LOAD DESIGN PRESSURE UP TO 60 P.S.I.G. WITHOUT SECOND STAGE REGULATION, (8) THE LENGTH OF PIPE TO BE USED IN CALCULATIONS SHALL BE THE LENGTH BETWEEN POINT OF SUPPLY AND END POINT IN THE SYSTEM, AND tC' PIPE LINES SHALL /BE DESIGNED TO CARRY A MINIMUM VOLUME OF THREE HUNDRED AND FORTY (340) CUBIC FEET PER HOUR PER ACRE TO AREA TO BE SERVED. (2) THE SPECIFICATIONS OF MATERIALS USED IN CON- STRUCTION AND RECONSTRUCTING SUCH GAS MAINS AND METHODS FOR PROTECTING THE SAME SHALL BE AS FOLLOWS: (A) SEAMLESS OR WELDED BLACK STEEL PIPE SHALL BE USED AND SHALL HAVE PROPERTIES AS PRESCRIBED BY THE CURRENT AMERICAN STANDARDS ASSOCIATION SPECIFICA- TION 638.8 -1958, WITH SCHEDULE 40 THEREOF TO APPLY UP TO 6 -5/8" O.D. PIPE SIZES. (8) THE COATING AND WRAPPING OF PIPE SHALL CON- FORM TO THE EQUAL OR BETTER OF ROSSON- RICHARDS COMPANY MINIMUM - SPECIFICATION RR-1 OR OF PIPE LINE SERVICE COMPANY'S BITUMASTIC SPECIFICATION °A °e (C) CATHODIC PROTECTION SHALL BE APPLIED THAT IS 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. RECTIFIER METHODS SHALL NOT BE USED. -6- • 3� WHEN THE CITY'S DIRECTOR OF" PUBLIC UTILITIES AND l THE GRANTEE'S 3) CHIEF ENGINEER AGREE IN WRITING UPON THE NECESSITY FOR AN EXCEPTION TO THE BASIC DESIGN CRITERIA SET FORTH I AB�v�a ABOVE AND /OR TO ANY SPECIFICATION SET FORTH IN (2), AND WHEN THEIR SUCH WRITING ALSO REFLECTS THEIR AGREE14ENT THEIR SUBSTITUTING CRITERIA AND /OR SPECIFICATION TO APPLY 9 AGREED DEVIATION FROM THE BASIC CONTROL STANDARDS aIN ITEM THAT SUCH AND/OR 121 ABOVE SHALL BE AUTHORIYED, PROVIDED, N THE CUSTODY OF THE GRANTEE'S CHIEF SIGNED AGREEMENT SHALL BE I ENGINEER BEF RUCTION OR RECONSTRUCTION- ORE IZ PERFORMING DEVIATING CONST VIDED IN (1) AND/OR OTHERWISE, THE BASIC CONTROL STANDARDS PRO No ABOVE SHALL CONTINUE IN FORCE AN EFFECT FOLLOWIN6L THE EFFECTIVE FOLLOWED. 1VE (4) WITHIN THIRTY �3 DAYS DATE OF THIS FRANCHISE, GRANTEE SHALL FURNISH Y ALL DIRECTOR OR OF PUBLIC WORKS TWO PRINTS OF BLOCK MAPS SHOWING THEREON FEEDER AND GAS DISTRIBUTION PIPE LINES BEING OPERATED BY GRANTEE WITHIN THE DESIGN CRITERIA SET FORTH IN (1) ABOVE. THEREAFTER, AS F SUCH PIPELINES 7HE TO EACH CONSTRUCTION AND RECONSTRUCTION O GRANTEE SHALL FURNISH THE CITY*B DIRECTOR OF PUBLIC WORKS A PRINT PLAT OF THE FINAL SURVEY AND, IF AVAILABLES A COPY OF THE PLAN •AND MAtN INSTALLATION OR RECONSTRUCTION AND WILL RE, FOR EACH SUCH GAS UCH 6A5 MAIN, IN ORDER THAT FLECT THEREON THE LOCATION AND SIZE OF S THE CITY MAY CURRENTLY POST THE BLOCK MAPS FURNISHED ION OFBCUSTOMERE• GRANTEE SHALL NOT BE REQUIRED TO SHOW THE SERVICE LINES EXTENDING FROM SUCH GAS MAINS- ITS PIPES WITHIN THE SECTION 18. GRANTEE SHALL EXTEND SHALL FURNISH SERVICES, FROM TIME TO TIME, AS FRANCHISE AREA AND THAT ONE NEW CUSTOMER FOR CITY COUNCIL MAY DEMAND, UPON A SHOWING e7_ EVERY ONE HUNDRED (100') FEET OF NEW EXTENSION HAS MADE AN APPLICA- TION IN WRITING TO TAKE AND USE GAS ON SUCH EXTENSION - SECTION 19. IN GRANTING THIS FRANCHISE, THE CITY DOES NOT WAIVE ITS REGULATORY POWERS, OR ANY OTHER RIGHTS, UNDER ITS 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 OF SAID CITY - SECTION 20. 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 AND FUTURE ORDINANCES, AND REQUIRED OF IT BY THE CHARTER AND GRANTEE SHALL PERFORM ALL DUTIES ALL VALID ORDINANCES OF THE CITY AND THE LAWS OF THE STATE OF TEXAS. SECTION 21. IN GRANTING THIS FRANCHISE THE CITY RESERVES AND ITS RIGHTS TO REGULATE ALL PUBLIC UTILITIES, INCLUDING GRANTEE, THIN THE TO REGULATE THE RATES, INSTALLATION AND SERVICE CHARGES WI CITY AGREEABLE TO THE CONSTITUTION AND LAWS OF THE STATE OF TEXAS - SECTION 22. 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 ALL OR ANY PART ACQUIRE BY EXERCISE OF THE POWER OF EMINENT DOMAIN OF THE PROPERTY OR PROPERTIES OF GRANTEE AT ANY TIME. SECTION 23- FOR ANY AND ALL MONEYS WHICH MAY BE JUSTLY DUE, OR WHICH MAY BECOME DUE TO THE CITY UNDER THE PRO- VISIONS OF THIS ORDINANCE$ AS WELL AS ANY LAWFUL TAXES WHICH � f MAY BE IMPOSED AND BECOME DUE AND PAYABLE TO THE CITY UPON THIS FRANCHISE, 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'$ PROPERTY AS WELL AS THE FRANCHISES AND RIGHTS HEREIN GRANTED. SECTION 24. IN ADDITION TO THE RIGHTS, PRIVILEGES AND FRANCHISE GRANTED TO GRANTEE, AS HEREINABOVE SET FORTH, GRANTEE iS HEREBY GRANTED THE RIGHT OF INGRESS AND EGRESS FOR THE PURPOSE OF SERV- ING THE AREAS DESCRIBED HEREIN AND AREAS BEYOND THE PRESENT CITY LIMITS. SECTION 25. THE RIGHTS, PRIVILEGES AND FRANCHISE HEREIN GRANTED TO GRANTEE SHALL EXTEND TO AND INCLUDE ITS SUCCESSORS AND ASSIGNS, AND THE TERMS, CONDITIONS, PROVISIONS, REQUIREMENTS, AND AGREEMENTS IN THIS ORDINANCE CONTAINED, AND EACH OF THEM, SHALL BE BINDING UPON THE SUCCESSORS AND ASSIGNS OF GRANTEE. NO ASSIGNMENT OF THIS FRANCHISE, HOWEVER, SHALL BE BINDING UPON THE CITY WITHOUT ITS CONSENT AND APPROVAL THEREOF HAVING BEEN OBTAINED BY ACTION OF THE CITY COUNCIL. SECTION 26. AT ANY TIME WITHIN THE TERM OF THIS FRANCHISE, 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 SHALL BE A PRICE EQUIVALENT TO THE FAIR VALUE OF THE PROPERTY AT THE TIME OF THE GIVING OF THE NOTICE TO GRANTEE AS HERE- INAFTER 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 INTANGIBLES. PROVIDED THAT THE FAIR VALUE SHALL NEVER BE MORE NOR LESS THAN THE AGGREGATE PRINCIPAL AMOUNT OF THE BONDS OF GRANTEE AT THE TIME REMAINING -9- OUTSTANDING TOGETHER WITH THE INTEREST ACCRUED THEREON TO DATE OF PURCHASE OF SUCH PROPERTY AND ANY PREMIUM PAYABLE ON SUCH BONDS ON THE REDEMPTION THEREOF PRIOR TO STATED MATURITIES. PROVIDED FURTHER THE DATE OF PURCHASE OF SUCH PROPERTY SHALL NEVER OCCUR PRIOR TO A DATE ON WHICH ALL OF THE BONDS OF GRANTEE AT THE TIME OUTSTANDING ARE REDEEMABLE IN ACCORDANCE WITH THEIR TERMS. THE RIGHT OF THE CITY TO PURCHASE SUCH PROPERTY OF GRANTEE SHALL, IF EXERCISED, BE DONE IN THE FOLLOWING MANNER: 9. THE COUNCIL MAY ORDER NOTICE TO Be GIVEN TO GRANTEE THAT THE CITY DESIRES TO PURCHASE SUCH PROPERTY; AND UPON SUCH ORDER BEING GIVEN THE CITY SECRETARY SHALL GIVE SUCH NOTICE TO GRANTEE. 2. WITHIN SIXTY (60) DAYS FROM THE DATE OF THE AFORESAID NOTICE, GRANTEE SHALL SUBMIT TO THE CITY A COMPLETE DETAILED INVENTORY OF THE PROPERTY OF GRANTEE WHICH IS SITUATED WITHIN THE FRANCHISE AREA AND UTILIZED IN CONNECTION WITH ITS OPERATIONS UNDER THIS FRANCHISE, AND DETAILED MAPS SHOWING THE LOCATION OF SUCH PROPERTY. SECTION 27. UPON TENDER OF SAID PURCHASE PRICE THE GRANTEE, CORPUS CHRISTI MUNICIPAL GAS CORPORATION, SHALL DELIVER PROPER CONVEYANCES TO THE CITY AND PROMPTLY PAY SAID MONIES OVER TO THE HOLDERS OF SUCH OUTSTANDING BONDS, IN ACCORDANCE WITH THE TERMS THEREOF AND THE INDENTURE, MORTGAGE AND DEEO OF TRUST SECURING THE SAME. SECTION 28. EACH OF THE PROVISIONS HEREOF IS ACCEPTED BY GRANTEE AS A CONDITION OF THE GRANT, AND UPON THE FAILURE OF GRANTEE AT ANY TIME TO COMPLY WITH THE TERMS HEREOF, THE COUNCIL, UPON COMPLIANCE WITH THE FOLLOWING PROCEDURE, MAY, BY ORDINANCE, FORFEIT THIS FRANCHISE. THE COUNCIL MAY FORFEIT THIS FRANCHISE ONLY AFTER NOTICE AND HEARING AND DETERMINATION AS A FACT THAT GRANTEE HAS FAILED TO COMPLY WITH A CONDITION OF THIS FRANCHISE. SUCH NOTICE SHALL STATE WHEREIN GRANTEE HAS FAILED TO COMPLY WITH THE TERMS OF THIS FRAN- CHISE, OR WITH THE REQUIREMENTS OF THE CHARTER OF THE CITY AND THE ORDINANCES 510 AND 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 BOTH THE CITY AND GRANTEE AND FROM SUCH EVIDENCE DETERMINE AS A FACT WHETHER GRANTEE HAS FAILED TO COMPLY WITH ANY TERMS OF THIS FRANCHISE. SUCH DETERMINATION SHALL BE MADE BY ORDINANCE OF THE COUNCIL. IF THE COUNCIL DETERMINES THAT THIS FRANCHISE SHOULD BE FORFEITED, THE SAME SHALL TERMINATE SUBJECT TO THE RIGHT OF GRANTEE, WITHIN SIXTY (60) DAYS AFTER THE FINAL PASSAGE OF THE ORDINANCE SO DETERMINING TO EXERCISE EITHER OR BOTH OF THE FOLLOWING RIGHTS: (A) TO COMPLY WITH THE TERMS OR PROVISIONS OF THIS 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, OR (B) TO FILE AN ACTION IN THE APPROPRIATE COURT HAVING JURISDICTION FOR THE PURPOSE OF HAVING SUCH FAILURE JUDICIALLY DETERMINED. UPON THE FILING OF SUCH ACTION, THE FORFEITURE SHALL BE SUSPENDED DURING THE PENDENCY OF SUCH ACTION, FOR A PERIOD OF SIXTY (60) DAYS OR SUCH LATER DATE AS AGREED UPON BY THE CITY AND GRANTEE. SECTION 29. THE GRANTEE HEREIN SHALL HAVE THE RIGHT TO APPEAL TO THE CITY COUNCIL ANY ACT OR OMISSION, DECISION OR ORDER OF ANY REPRESEN- TATIVE OF THE CITY WHICH MAY AFFECT ITS RIGHTS, DUTIES OR OBLIGATIONS HERE- UNDER. NOTICE OF SUCH APPEAL SHALL BE IN WRITING AND DELIVERED TO THE CITY SECRETARY WITHIN FIFTEEN (15) DAYS AFTER SUCH ACT, OMISSION, DECISION OR ORDER. SECTION 30. THIS FRANCHISE SHALL BECOME EFFECTIVE AFTER BEING FINALLY ACTED ON BY THE CITY COUNCIL, ACCEPTED BY THE GRANTEE, AND OTHER- WISE IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THE CITY CHARTER. • THAT THE FOREGOING ORDINANCE WAS READ FOR THE FIRST TIME AND PASSED TO ITS SECOND READING ON THIS THE `.?r agl<; _DAY OF (,70= !A 19.6-2 _• BY THE FOLLOWING VOTE* BEN F. MCDONALD AYP Tom R. SWANTNER MI. DR. JAMES L. BARNARD AVI` JOSE R. DELEON AVE M. P. MALDONADO AV W. J. ROBERTS AYE JAMES H. YOUNG AV — THAT THE FOREGOING ORDINANCE WAS READ FOR THE SECOND TIME AND PASSED TO ITS THIRD READING ON THIS THE '� �; DAY OF I3rcf -1 c- 19la—, BY THE FOLLOWING VOTED BEN F. MCDONALD Aug i++ TOM R. SWANTNER war -- DR. JAMES L. BARNARD JOSE R. DELEON Asp M. P. MALDONADO� — W. J. R05ERTS w JAMES H. YOUNG THAT THE FOREGOING ORDINANCE WAS READ FOR THE THIRD TIME TANDF OLLOWDI NG FINALLY ON THIS THE DAY OF_ t VOTE* BEN F. MCDONALD TOM R. SWANTNER n._7._ DR. JAMES L. BARNARD JOSE R. DELEON M. P. MALDONADO AXV.— W. J. ROBERTS JAMES H. YOUNG AW- — PASSED AND APPROVED, THIS THE gtn DAY OF_JAL Aay s ATTEST,. CITY SECRETARY APPROVED AS TO LEGAL FORM THIS THE _ZC=_DAY OF_U0gC"QQa—s 19-61_* A OR ^ THE CITY OF CORPUS CHRISTI, TEXAS CIT ATTORNEY SECTION 2. AT SAID ELECTION WEREINASOVE ORDERED 7HE FOLLOWING PROPOSITION SHALL BE SUBMI TTED TO THE QUALIFIED VOTERS OF THE CITY OF CORPUS CHRISTI, TEXAS$ PROPOSITION A "SHALL THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI BE AUTHORIZED TO ENACT AN ORDINANCE GRANTING TO CORPUS CHRISTI MUNICIPAL GAS CORPORATION A FRANCHISE FOR A TERRA OF F141E (5) YEARS FOR THE PURPOSE OF CONSTRUCTING AND OPERATING GAS PIPES AND MAINS INS ON, UNDER AND ALONG THE STREETS, ALLEYS, AVENUES AND PUBLIC PLACES OF THE CITY OF CORPUS CHRISTIS CONCERNING THE SOUTHS SOTHWEST AND NORTHWEST AREAS, ALL AS PROVIDED IN THE FORM OF ORDINANCE GRANTING SUCH FRANCHISE AS SET OUT IN ORDINANCE N0. 6757, PASSED AND APPROVED BY THE CITY COUNCIL ON THE 9TH DAY OF JANUARY, 19637 SECTION 3. ALL VOTERS DESIRING TO SUPPORT 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 SOUTH, SOUTHWEST AND NORTHWEST AREAS AS DESCRIBED IN THE PROPOSED FRANCHISE SET FORTH IN ORDINANCE NO. 6757 SHALL HAVE WRITTEN OR PRINTED ON THEIR BALLOT THE FOLLOWING WORDS: "FOR THE GRANTING OF A FRANCHISE TO CORPUS CHRISTI MUNICIPAL GAS CORPORATION FOR A TERM OF FIVE (5) YEARS." 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 SOUTH, SOUTHWEST AND NORTHWEST AREAS AS DESCRIBED IN THE PROPOSED FRANCHISE SET FORTH IN ORDINANCE ND. 6757 SHALL HAVE WRITTEN OR PRINTED ON THEIR BALLOT THE FOLLOWING WORDSB "AGAINST THE GRANTING OF A FRANCHISE TO CORPUS CHRISTI MUNICIPAL GAS CORPORATION FOR A TERM OF FIVE (5) YEARS." SECTION 4. FURTHERMORE, AT SAID ELECTION HEREINABOVE ORDERED, TO BE HELD ON THE 2ND DAY OF APRIL, 1965, IN THE CITY OF CORPUS CHRISTI, 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 GRANTING TO CORPUS CHRISTI MUNICIPAL GAS CORPORATION A FRANCHISE ON THE SOUTH, SOUTHWEST AND NORTHWEST AREAS AS DESCRIBED IN THE PROPOSED ORDINANCE MADE A PART HEREOF AND READING AS FOLLOWS, TO -WIT: AN ORDINANCE AN ORDINANCE GRANTING TO CORPUS CHRISTI MUNICIPAL GAS CORPOlW"ON 'THE RIGHT, PRIVILEGE AND FRANCHISE TO CON- STRUCT AND OPERATE BAS PIPES AND MAINS ALONG_KE.STREETSs AVENUES$ ALLEYS AND PUBLIC PLACES OF-THE CITY OF CORPUS MISTT FW DtSTRIBUTION AND SALE OF NATURAL GAS; PRE - SCRCB W THE TERMS 3� �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 -ICY -THE CITY -COUNCIL - OF`THE -CITY -OF CORPUS CHRIST 1, TEXAS a = .. SECTION 1• THERE IS HEREBY GRANTED TO CORPUS CHRISTI` MUNICIPAL GAS CORPORATION, HEREIN CALLED - GRANTEE, ITS SUCCESSORS AND ASSIGNS, SUEJECT_ TO THE TERMS AND CONDITIONS HEREOF, THE RIGHT, PRIVILEGE�ANO FRANCHISE TO CONSTRUCT, EXTEND, OPERATE AND MAINTAIN, FROM TIME TO TIME AND CONTINOUSLY 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 INDUSTRIAL, COMMERCIAL, EDUCATI.ONAL AND OTHER INSTITUTIONS LOCATED IN THE PORTION OR PORTIONS OF THE CITY OF CORPUS CHRISTI AS DESIGNATED AND DESCRIBED IN SECTION 2 HEREOF AT SUCH RATES AS THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI SHALL MARE, FROM TIME TO TIME, AND FOR THE TRANS- PORTATION 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 HEREOF, UPON, BENEATH, OVER AND ACROSS THE STREETS, AVENUES, THOROUGHFARES, PUBLIC UTILITY CASEMENTS, BRIDGES, STREAMS, ALLEYS, PARK${ - LANES AND SQUARES OF SAID CITY LOCATED IN 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: AREA 1 SOUTH AREA BEGINNING AT THE INTERSECTION OF THE SOUTH BOUNDARY LINE OF DODDRIDGE STREET PROJECTED AND -THE SHORELINE OF CORPUS CHRISTI BAY; THENCE IN A SOUTHWESTERLY 41RECTION WITH THE PROJECTION OF TAE SOUTH BOUNDARY LINE OF DODDRIDGE STREET AND THE SOUTH BOUNDARY LINE OF DODDRIDGE STREET TO A POINT IN THE EAST BOUNDARY LINE OF ALAMEDA DRIVE, SAME BEING THE NORTHWEST CORNER OF LAMAR PARK SUBDIVISION; THENCE IN A SOUTHEASTERLY DIRECTION WITH THE NORTHEAST BOUNDARY LINE OF ALAMEDA DRIVE TO THE INTERSECTION OF THE WEST BOUNDARY LINE OF AIRLINE ROAD; THENCE IN A SOUTHERLY DIRECTION ALONG AND WITH THE WEST BOUNDARY LINE OF AIRLINE ROAD TO A POINT OF INTERSECTION WITH A LINE PARALLEL, TO AND 132 FEET NORT"wgsr OF THE NORTHWEST BOUNDARY LINE OF SECTION 1144 FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SAME LINE BEING PARALLEL TO AND 132 FEET NORTHWEST OF THE NORTHWEST BOUNDARY LINE OF KOOLSIDE ADDITION; THENCE IN A SOUTHWESTERLY DIRECTION ALONG AND WITH A LINE PARALLEL TO AND 132 FEET NORTHWEST OF THE NORTHWEST BOUNDARY LINE OF SECTION ;114 FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS TO A POINT OF INTER- SECTION WITH THE CENTER LINE OF MCARDLE ROAD; THENCE IN A SOUTHEASTERLY DIRECTION ALONG AND WITH THE CENTER LINE OF MCARDLE ROAD TO THE MOST NORTHERLY CORNER OF SECTION #13, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS; THENCE IN A SOUTHWESTERLY DIRECTION ALONG AND WITH THE NORTHWEST BOUNDARY LINE OF SECTION #13, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS AND THE CENTER LINE OF SOUTH STAPLES STREET (DUMP ROAD' TO A POINT OF INTER- SECTION WITH THE SOUTHWEST BOUNDARY LINE OF HOLLY ROAD; THENCE IN A SOUTHEASTERLY DIRECTION ALONG AND WITH THE SOUTHWEST BOUNDARY LINE OF SAID HOLLY ROAD TO A POINT 180 FEET SOUTHEAST OF THE CENTER LINE OF SOUTH STAPLES STREET (DUMP ROAD); - THENCE IN A NORTHEASTERLY DIRECTION ALONG A LINE 180 FEET SOUTHEAST OF AND PARALLEL TO THE CENTER LINE OF SAID SOUTH STAPLES STREET (DUMP ROAD) TO POINT 180 FEET SOUTHWEST OF THE CENTER LINE OF A COUNTY ROAD SOMETIMES KNOWN AS THOMPSON ROAD OR WILLIAMS DRIVE, SAME ®SING A POINT 180 FEET S.E. OF THE CENTER OF SOUTH STAPLES STREET (DUMP ROAD) AND 180 FEET SOUTHWEST OF THE NORTHEAST LINE OF LOT 17, BLOCK 13 OF THE FLOUR BLUFF;AND ENCINAL FARM AND GARDEN TRACTS;' THENCE IN A SOUTHEASTERLY DIRECTION ALONG A LINE 180 FEET SOUTHWEST OF AND PARALLEL TO THE NORTHEAST BOUNDARY LINE OF LOTS 17 TO 2Y INCLUSIVE, SECTION #13, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS AND THE CENTER LINE OF THOMPSON ROAD OR WILLIAMS DRIVE TO A POINT EEO FEET SOUTHEAST OF THE CENTER OF RODD FIELD ROAD SOMETIMES CALLED LANGLEY BLVD. AS NOW EXISTING, SAME BEING A POINT ON THE SOUTHEAST LINE OF LOT 17, BLOCK 28, AND 180 FEET SOUTHWEST OF THE NORTHEAST LINE OF LOT 17, BLOCK 28 OF THE FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS; THENCE IN A NORTHEASTERLY DIRECTION ALONG A LINE -660 FEET SOUTHEAST OF AND PARALLEL TO THE CENTER LINE OF SAID ROOD FIELD ROAD OR LANGLEY BLVD. AS NOW EXISTING TO THE MEAN LOW TIDELINE OF THE CAYO DEL 080$, SAME LINE BEING IN A NORTHEAST DIRECTION ALONG THE SOUTHEAST LINE Ot LOTS #17, 016, AND #1 OF BLOCK #28, AND LOTS #6 AND #l, OF BLOCK #2% FLOUR BLUFF AND - ENCINAL FARM AND GARDEN TRACTS) - THENCE IN A NORTHERLY DIRECTION WITH THE- MEANOERSOF THE SAID MEAN LOW TIDELINE OF THE CAYO DEL QSO TO A POINT AT THE INTERSECTION OF THE SAID MEAN LOW TIDELINE WITH THE EASTERN BOUNDARY LINE OF ENNIS JO$LIN ROAD AS NOW EXISTING; THENCE IN A NORTHERLY DIRECTION ALONG AND WITH THE - EASTERN- BOUNDARY LINE OF SAID ENNIS JOSLIN ROAD TO A POINT OF INTERSECTION WITH THE NORTHEAST BOUNDARY LINE OF SECTION #17, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS; THENCE IN A-SOUTHEASTERLY DIRECTION ALONG AND WITH THE NORTHEAST BOUNDARY LINE OF SECTION #17, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS TO THE WEST BANK OF CAYO DEL -OSO; THENCE IN A NORTHEASTERLY DIRECTION FOLLOWING THE MEANDERS OF THE WEST BANK OF CAYO DEL 030, SAME BEING THE PRESENT CITY LIMITS LINE TO ITS INTERSECTION WITH CORPUS CHRISTI BAY; THENCE IN A NORTHWESTERLY DIRECTION WITH THE SHORELINE OF CORPUS CHRISTI BAY TO THE SOUTH BOUNDARY LINE OF DODDRIOGE STREETS PROJECTED BEING THE PLACE OF BEGINNING. THE SOUTH AREA OR AREA 1, A80VE DESCRIBED, ALSO INCLUDES ALL CONTIGUOUS TERRITORY ANNEXED BY THE CITY OF CORPUS CHRISTI, BUT SHALL BE LIMITED TO THE TERRITORY LYING AND SITUATED SOUTH AND SOUTHEASTERLY OF SOUTH STAPLES }STREET (DUMP ROAD AND OF ANY PROJECTION OR EXTENSION OF SUCH STREET OR ROAD. AREA 2 SOUTHWEST AREA BEGINNING AT THE INTERSECTION OF THE'CENTER LINE OF GOLLIHAR ROAD AND ON THE SOUTHEAST BOUNDARY LINE OF CARROLL-LANE; - THENCE IN A NORTHEASTERLY DIRECTION WITH THE SOUTHEAST BOUNDARY LINE OF CARROLL LANE TO A POINT 185 FEET NORTHEAST OF THE NORTHEAST BOUNDARY L,I.NE OF HOUSTON, - STREET; _ THENCE IN A NORTHWESTERLY DIRECTION WITH A LINE THAT IS 185 FEET NORTHEAST OF AND PARALLEL TO THE NORTHEAST - BOUNDARY LINE OF HOUSTON STREET TO ITS INTERSECTION WITH THE SOUTHWEST BOUNDARY LINE OF WEATGARD LANE AND FOLLOWING THE SOUTHWEST BOUNDARY LINE OF WESTOARD LANE AND ITS NORTHWESTERLY EXTENSIONS THEREOF TO A POINT IN THE SOUTHEAST BOUNDARY LINE OF SAM HOUSTON ADDITION; THENCE IN A SOUTHWESTERLY DIRECTION WITH THE SOUTHEAST BOUNDARY LINE OF SAM Ho US TON ADDITION, TO THE NORTHEAST BOUNDARY LINE OF -HORNE ROAD; THENCE IN A NORTHWESTERLY DIRECTION ALONG AND WITH THE NORTHEAST BOUNDARY LINE OF HORNE ROAD AND THE SOUTHWEST BOUNDARY LINE OF CLIFF MAUS MUNICIPAL AIRPORT TO THE POINT OF INTERSECTION WITH THE NORTHWEST LINE OF OLD BROWNSVILLE ROAD; - - THENCE IN A NORTHEASTERLY DIRECTION ALONG AND WITH THE NORTHWESTERLY BOUNDARY LINE OF OLD BROWNSVILLE ROAD TO A POINT OF INTERSECTION WITH CENTER LINE OF COUNTY ROAD #34 SOMETIMES KNOWN AS HENNIPEN STREET OR KOSAR ROAD, NEAR THE SOUTHEAST CORNER OF BLOCK i15 OF THE RUSSELL FARM TRACTS: THENCE IN A WESTERLY DIRECTION ALONG AND WITH THE CENTER LINE OF SAID COUNTY ROAD #34 SOMETIMES KNOWN AS HENNIPEN STREET OR KOSAR ROAD TO A POINT OF INTERSECTION WITH A LINE PARALLEL TO AND ONE - QUARTER (1JII) MILE NORTHWEST OF THE CENTER LINE OF OLD B EXISTING; ROWNSYILLE ROAD As NOW THENCE IN A SOUTHWESTERLY DIRECTION WITH A LINE PARALLEL TO AND E - QUARTER 0A) MILE NORTHWEST OF THE CENTER LINE OF OLD BROWNSVIL LE ONE- CENTER ROAD TO A POINT ONE - QUARTER (IA) MILE SOUTHWESTERLY FROM THE LINE OF LEXINGTON BLVD. RIGHT OF WAY FOR A CORNER; CENTER THENCE IN A SOUTHEASTERLY DIRECTION ALONG A LINE ONE - QUARTER (1/4) MILE SOUTHWESTERLY FROM AND PARALLEL TO THE CENTER LINE OF SAID LEXINGTON BLVD. RIGHT OF WAY TO THE MOST NORTHERN CORNER OF SOUTHLAND ESTATES SUBDIVISION, SAME LINE BEING THE NORTHEAST BOUNDARY LINE OF LOTS #6 AND #3, SECTION A, AND THE NORTHEAST LINE OF LOT 6 THE BOHEMIAN COLONY LANDS; g SECTION #3 OF THENCE IN A SOUTHWESTERLY DIRECTION WITH THE NORTHWEST BOUNDARY LINE OF SAID SOUTHLAND ESTATES SUBDIVISION TO THE MOST WESTERLY CORNER OF SAID SUBDIVISION; THENCE SOUTHEAST ALONG THE SOUTHWEST LINE OF SOUTHLAND ESTATES S0B- DIVISION AND THE MORAVIAN VILLAGE SUBDIVISION AND ITS EXTENSION To A POINT 180 FEET SOUTHEASTERLY ROAD SOUTHEAST OF THE CENTER LINE OF KOSTORYZ THENCE NORTHEAST WITH A LINE 180 FEET SOUTHEAST OF AND PARALLEL TO THE CENTER LINE OF KOSTORYZ ROAD TO q POINT IN THE NORTHEAST LINE Or LOT 6, SECTION 2j BOHEMIAN COLONY LANDS, SAID POINT BEING 180 FEET SOUTH- EAST OF THE CENTER LINE OF KOSTORYZ ROAD; THENCE NORTHEAST WITH A LINE 180 FEET SOUTHEAST OF AND PARALLEL TO THE CENTER LINE OF KOSTORYZ ROAD TO A POINT IN THE NORTHEAST LINE OF LoT 6, SECTION 2, BOHEMIAN COLONY LANDS, SAID POINT BEING 180 FEET SOUTH- EAST OF THE CENTER LINE OF KOS TORYZROAD! THENCE SOUTHEAST ALONG THE NORTHEAST LINES OF LOTS #6 AND SECTION 3s 12, BOHEMIAN COLONY LANDS TO A POINT ONE `1' FOO SOUTHEAST BOUNDARY LINE OF WEBER ROAD; T NORTHWEST OF THE THENCE NORTHEAST WITH A LINE PARALLEL TO AND ONE (1) FOOT'NORTHWEST OF THE SOUTHEAST BOUNDARY LINE OF WEBER ROAD TO A POINT SOUTHWEST OF THE CENTER LINE OF GOLLIHAR ROAD; 99.75 FEET THENCE SOUTHEAST WITH A LINE PARALLEL TO AND 99.75 FEET SOUTHWEST OF THE CENTER LINE OFGOLLIHAR ROAD A DISTANCE OF 1$1 FEET TO A POINT, SAME BEING THE MOST SOUTHERLY CORNER OF HOUSTON- NATURAL GAS CORPORATIONIS METER AND REGULATION STATION SITE OUT OF LOT 112, SECTION °An, PAfSLEY,IS SUBDIVISION.OF THE HOFFMAN TRACT➢ THENCE NORTHEAST WITH A LINE PARALLEL To AND i8D FEET SOUTHEAST OF THE CENTER LINE OF WEBER ROAD TO A POINT IN THE CENTER LINE OF GOLLIHAR ROAD; THENCE NORTHWEST WITH THE CENTER LINE OF GOLLIHAR ROAD TO THE SOUTH- EAST BOUNDARY LINE OF CARROLL LANE, THE PLACE OF BEGINNING. THE SOUTHWEST AREA OR AREA 2, ABOVE DESCRIBED, ALSO INCLUDES ALL CONTIGUOUS TERRITORY LYING AND SITUATED SOUTHWESTERLY OF SUCH AREA, ANNEXED TO THE CITY OF CORPUS CHRISTI, BUT SHALL BE LIMITED TO TERRITORY LYING AND SITUATED BETWEEN AN EXTENSION OR PROJECTION OF THE MOST NORTHWESTERLY LINE OF SUCH AREA, DESCRIBED ABOVE, AND OF ANY EXTENSION OR PRO- JECTION OF WEBER ROAD. IV AREA 3 NORTHWEST AREA BEGINNING AT THE INTERSECTION OF THE WEST BOUNDARY OF POTH LANE AND THE NORTH BOUNDARY LINE OF UP RIVER (SHELL) ROAD; THENCE IN A SOUTHWESTERLY DIRECTION ALONG AND WITH THE SOUTHEAST BOUNDARY LINE OF WESTCHESTER PLACE AND THE NORTHWEST BOUNDARY LINE OF VILLA GARDENS SAME BEING. THE 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 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 N0. 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 $TATE HIGHWAY N0. 44 AND CONTINUING WITH THE WEST RIGHT OF WAY LINE OF RAND MORGAN ROAD TO ITS INTERSECTION WITH THE SOUTHWEST RIGHT OF WAY LINE OF A 40 -FOOT WIDE WATER LINE EASEMENT CONVEYED TO THE CITY OF CORPUS CHRISTI BY DEED DATED APRIL 9, 1954, AND RECORDED IN VOL. 634, PAGE 244, DEED RECORDS of NUECES COUNTY, TEXAS, BEING APPROXI- MATELY 645 FEET NORTH OF THE NORTH RIGHT OF WAY LINE OF THE TEXAS MEXICAN 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 LINER OF OTHER 40 -FOOT 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. 244) 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- MENT DATED MARCH 16, 1954, OF RECORD IN VOL. 634, PAGE 257, DEED RECORDS OF NUECES11'oo000NTY, TEXAS, AND WHICH SAID POINT IS THE POINT AT WHICH THE EXISTING 40 -INCH WATER LINE OF THE CITY OF CORPUS CHRISTI ANGLES OFF 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. 6314, PAGE 294, 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; THENCE N. 530 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 89UNDARY LINE OF THE HARNEY 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 o SOUTHEAST RIGHT OF WAY LINE OF F.M. ROAD N0. 1694; THENCE CONTINUING ALONG THIS SAME LINE CROSSING F.M. ROAD No. 1694 AND CONTINUING ALONG THE SOUTHWEST BOUNDARY LINE OF CENTRAL POWER AND LIGHT COMPANY JO5.76 ACRE TRACT TO THE SOUTHWEST CORNER THEREOF, SAID POINT BEING IN THE FAST RIGHT OF WAY LINE OF THE ST. LOU1Sp BROWNSVILLE AND MEXICO RAILROAD (ALSO CALLED MISSOURI PACIFIC RAILROAD) RIGHT OF WAY; THENCE CONTINUING ALONG THIS SAME LINE CROSSING THE ST. LOUIS, BROWNSVILLE. AND MEXICO RAILROAD RIGHT OF WAY AND CONTINUING ALONG THE SOUTHWEST BOUNDARY LINE OF A 135.68 ACRE TRACT OF LAND NOW OR FORMERLY IN THE NAME OF P. M. RUSHING AND THE NORTHEAST BOUNDARY LINE 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; 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. 77; THENCE IN A NORTHERLY DIRECTION WITH THE WEST RIGHT OF WAY LINE OF STATE HIGHWAY NO, 77 AS WIDENEOp CROSSING F.M. RDAo 624 AND CONTINUING ALONG THE WEST RIGHT OF WAY OF U. S. HIGHWAY NO. 77 TO ITS INTER- 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; THENCE IN A NORTHERLY DIRECTION WITH A LINE THAT IS 50 FEET SOUTHWEST OF AND PARALLEL TO THE SOUTHWEST BOUNDARY LINE OF RIVER FOREST SUB- DIVISION TO A POINT IN THE SOUTHEAST 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; THENCE IN A NORTHWESTERLY DIRECTION WITH THE SOUTHWEST BOUNDARY LINE OF SAID CITY OF CORPUS CHRISTI TRACT TO A POINT ON THE SOUTH SIDE OF THE NUECES RIVERS 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 THE RIGHT SIDE OF THE NuecEB RIVER GOING DOWNSTREAM TO ITS INTERSECTION WITH THE WEST RIGHT OF WAY LINE OF STATE HIGHWAY NO. 9 NEAR THE NUECES RIVER BRIDGE; THENCE IN A SOUTHERLY DIRECTION WITH THE WEST RIGHT OF WAY LINE OF STATE HIGHWAY N0. 9 TO A POINT WHERE SAID LINE WOULD INTERSECT WITH THE NORTH BOUNDARY LINE OF LOT 17 OF CALALLEN IRRIGATION GARDEN $US- DIVISION IF SUCH LATTER LINE WERE EXTENDED WESTERLY; r THENCE CROSSING STATE HIGHWAY NO. 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 MISSOURI PACIFIC RAILROAD; THENCE IN A SOUTHERLY DIRECTION WITH THE EAST RIGHT OF WAY LINE OF THE MISSOURI PACIFIC RAILROAD RIGHT OF WAY AND THE SOUTHWEST BOUNDARY LINE OF SHARPSSURG ROAD TO THEIR POINT OF DIVERGENCE; THENCE IN A SOUTHEASTERLY DIRECTION ALONG THE SOUTHWEST RIGHT OF WAY LINE OF SHARPSBURG ROADS TO A POINT WHICH WOULD BE THE INTER- SECTION OF SAID RIGHT OF WAY LINE WITH THE NORTH BOUNDARY 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. COUNTESSo 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 NORTHWEST BOUNDARY LINE OF A 67.526 ACRE TRACT OWNED BY THE CITY OF CORPUS CHRISTI, TEXAS,, TO ITS INTERSECTION WITH THE RIGHT -SIDE LOW - WATER LINE OF THE NUECE8 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 WHICH IS THE NORTHEAST CORNER OF TRACT 7 OF THE NOAKES PARTITION, WHICH TRACT 7 IS DESCRIBED IN THAT CERTAIN OECD RECORDED IN VOL. 806, 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. 404+1 W. ALONG THE EASTERN BOUN- DARY LINE OF SAID TRACT 7 OF THE NOAKES PARTITION TO 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 LINE OF UP RIVER ROAD (SHELL ROAD) TO ITS INTERSECTION WITH THE NORTH RIGHT OF WAY LINE OF PROPOSED INTERSTATE HIGHWAY ND. 37 AS ESTABLISHED BY THE TEXAS HIGHWAY DEPARTMENT FOLLOWING THE PUBLIC HEARING OF MARCH 22, 1961; THENCE IN AN EASTERLY DIRECTION WITH THE NORTH RIGHT OF WAY LINE OF THE PROPOSED INTERSTATE HIGHWAY ND. 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 INTERSECTION OF SAID NORTH RIGHT OF WAY LINE WITH THE SOUTHEAST BOUNDARY LINE OF THE KATIE, ALICE AND HELEN DUNN 110.8 ACRE TRACTS 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 THE SAME COURSE TO A POINT IN THE NORTH BOUNDARY LINE OF SAID ROAD; THENCE IN A SOUTHEASTERLY DIRECTION WITH THE NORTHEAST RIGHT OF WAY LINE OF UP RIVER ROAD (SHELL ROAD) TO ITS INTERSECTION WITH THE EAST BOUNDARY LINE OF AN 57.71 ACRE TRACT OF LAND NOW OR FORMERLY IN THE NAME OF CORPUS CHRISTI GOLF AND COUNTRY CLUB; THENCE IN A NORTHERLY DIRECTION WITH THE FAST BOUNDARY LINE OF SAID 87.71 ACRE TRACT TO THE SOUTHWEST CORNER OF A 5.37 ACRE TRACT NOW OR FORMERLY IN THE NAME OF ALVIN HERSERICK; THENCE IN AN EASTERLY DIRECTION WITH THE SOUTH BOUNDARY LINE OF SAID 5.37 ACRE TRACT TO A POINT IN THE WEST RIGHT OF WAY LINE OF CANTWELL LANE; THENCE IN A SOUTHERLY DIRECTION WITH THE WEST RIGHT OF WAY LINE OF CANTWELL LANE TO ITS INTERSECTION WITH THE NORTH RIGHT OF WAY LINE OF UP RIVER ROAD (SHELL ROAD); THENCE IN AN EASTERLY DIRECTION WITH THE NORTH RIGHT OF WAY LINE OF Up RIVER READ (SHELL ROAD) TO THE PLACE OF BEGINNING. AREA u ALL THAT AREA LYING BETWEEN AREAS 2 AND 3 AS ABOVE DESCRIBED, LYING SOUTHWEST OF THE CITY LIMITS LINE AS IT EXISTED PRIOR TO THE ANNEXATION OF SEPTEMBER 17, 1962, AND WITHIN THE PRESENT CITY LIMITS. IV • SECTION 3. THIS FRANCHISE SHALL REMAIN IN FORCE FOR A PERIOD OF G YEARS FROM THE DATE OF -ITS ACCEPTANCE BY GRANTEEp WHICH ACCEPTANCE SHALL BE MADE AS HEREINAFTER PROVIDED, SECTION II. As PART OF THE CONSIDERATION FOR THE GRANTING OF THIS FRANCHISE, GRANTEE SHALL PAY TO THE CITY ANNUALLY, DURING THE PERIOD OF THIS FRANCHISE, (A) PAYMENTS IN LIEU OF AD VALOREM TAXES# SUCH PAYMENTS IN LIEU OF TAXES TO BE DETERMINED IN THE SAME MANNER AS AD VALOREM TAXES ARE DETERMINED; AND (B) TWO (2%) PERCENT UPON ITS ANNUAL GROSS RECEIPTS FROM THE SALE OF GAS AT SALE DELIVERY POINTS LOCATED WITHIN THE FRANCHISE AREA, SUCH PAYMENT TO BE MADE ON OR BEFORE SIXTY (60) DAYS AFTER THE END OF EACH CALENDAR YEAR. SECTION 5. ON OR BEFORE SIXTY (60) DAYS AFTER THE CLOSING OF EACH CALENDAR YEAR DURING THE LIFE OF THIS FRANCHISE, GRANTEE SHALL FURNISH TO THE COUNCIL A WRITTEN STATEMENT SHOWJNG ITS GROSS RECEIPTS FROM THE SALE OF GAS WITHIN THE FRANCHISE AREA FOR THE PREVIOUS CALENDAR YEAR, AND SIMULTANEOUSLY GRANTEE SHALL MAKE PAYMENT TO THE CITY OF THE TWO (?%) PERCENT OF THE GROSS RECEIPTS AS PROVIDED FOR IN THE PRECEDING SECTION. THE BOOKS OF GRANTEE SHALL BE SUPJECTj AT ALL TIMES TO INSPECTION BY THE COUNCIL AND OTHER AUTHORIZED CITY OFFICIALS. SECTION 6. SU04L;T TO THE PERFORMANCE BY IT OF ALL OBLIGATION$ ASSUMED HEREIN, THE CHARTER AND ORDINANCES OF THE CITYp AND THE TERNS AND CONDITIONS HEREOF, GRANTEE SHALL HAVE THE RIGHT TO EXTEND, REPLACE AND REPAIR ITS PIPEAQE SYSTEM NOW IN USE AND HEREAFTER CONSTRUCTED CO- 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 0000 CONDITION AS BEFORE. BEFORE DOING ANY WORK IN THE STREETS, GRANTEE SHALL BE REQUIRED TO FIRST NOTIFY THE DIRECTOR OF PUBLIZ WORKS OF ITS INTENTION TO DO S0. ALL SUCH WORK SHALL BE DONE UNDER APPROVED SPECIFICATIONS AND SUPERVISION OF SAID DIRECTOR AND IN COMPLIANCE WITH ALL ORDINANCES RELATING THERETO. TO THIS END# THE CITY HEREBY GRANTS AND CONCEDES TO GRANTEE THE RIGHT AND PRIVILEGE _- TO ENTER UPON, AND TO CONSTRUCT, OPERATE AND MAINTAIN ITS MAINS AND PIPES IN, UPON, ACROSS AND ALONG ANY AND ALL OF THE STREETS, SQUARES, 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 LANES, AND OVER AND ACROSS ANY STREAM OR BRIDGE, AND TO MAKE SUCH EXCAVATIONS AS MAY SE NECESSARY, AND TO TAKE UP, CONSTRUCT, REPAIR, REPLACE, 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 INCONVENIENCE TO THE PUBLIC ALL WORK SHALL BE DONE SPEEDILY AND ALL EXCAVATIONS AND OPENINGS SHALL BE REPLACED IN GOOD CONDITION AT THE COST AND EXPENSE OF GRANTEE, AND TO THE SATISFACTION OF THE DIRECTOR OF PUBLIC WORKS. GRANTEE SHALL HOLD THE CITY HARMLESS ON ALL CLAIMS FOR LOSS DUE 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 FEAS MLE, ALL PAVED STREET CROSSINGS SHALL BE BORED OR PUNCHED 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. SECTION 7s IF, IN THE OPINION OF THE COUNCIL, THERE IS AN UNREASONABLE DELAY OY GRANTEE IN RESTORING STREETS, HIGHWAYS, BRIDGES, ETC., AFTER EXCAVATIONS, REPAIRS AND EXTENSIONS HAVE BEEN MADE, THE CITY SHALL HAVE THE RIGHT TO RESTORE OR REPAIR THE SAME AND TO REQUIRE GRANTEE TO PAY THE REASONABLE COST THEREOF. SECTION H. ALL DIRT, RUBBISH, AND MATERIAL LEFT AFTER THE STREETS, HIGHWAYS, ALLEYS OR OTHER PUBLIC PROPERTY HAVE BEEN RESTORED m3m • OR REPAIRED BY GRANTEE SHALL BE REMOVED BY IT AT ONCE., IF, AFTER SUCH RESTORATION OR REPAIRING, THE PLACES EXCAVATED AND REFILLED BECOME DE- PRESSED 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 CON- DITION AS BEFORE THE EXCAVATIONS WERE MADE, AND UPON GRANTEES FAILURE SO 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. SECTION j. IN THE CONSTRUCTION, MAINTENANCE AND REPAIR OF ITS LINES, GRANTEE, WITHOUT EXPRESS CONSENT OF THE DIRECTOR OF PUBLIC F 'EXISTENCE AT ANY ONE TIME OF A„NY UNLLED WORKS SHALL NOT PERMIT THE EXI „_ , FI .. EXCAVATION OR DITCH IN EXCESS OF A TOTAL DISTANCE I?F FIVE HUMORED c5O6i FEET ON ANY PUBLIC STREET, ALLEY, THOROUGHFARE OR_OTHER PUBLIC PLACE. ANY WORK BEING DONEp WHETHER EX TENSIONS 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.. . � -L:. , -. .�.,__, .. NATURAL SECTION 1O. GRANTEE SHALL NOT IMPAIR IN ANY. MANNER TXE� OR ARTIFICIAL DRAINAGE OF THE CITY OR_.I TS UNDERBROUND;FIXTYRESS AND IN CROSSING ANY STREAM�,CANAL OR WATERWAY WITH ITS.LINES IT SHALL,DOISD IN SUCH MANNER AS NOT TO IMPAIR NAVIGATION OR THE NATURAL DRAINAGE OF THE STREAM, AND TO THE SATISFACTION OF THE COUNCIL. SECTION 11. IN MAKING EXTENSIONS OR REPAIRS TO ITS PIPEAGE 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 OR MOLESTED IN ANY MANNER EXCEPT WITH THE CONSENT AND UNDER THE DIRECTION OF THE DIRECTOR OF PUBLIC WORKS AND DIRECTOR OF PUBLIC UTILITIES. SECTION 12. IF, IN LAYING ITS 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 -4- 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 MADE, AND AT WHOSE COST, AND SHALL RECONCILE THE DIFFERENCES OF THE PARTIES IN SUCH MATTER. SECTION 13, IF, IN CONSTRUCTING ITS SEWERS, STREETS 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 SHALL BE PROMPTLY SHIFTED OR RELOCATED BY GRANTEE AT ITS OWN EXPENSE AS AND WHEN REQUIRED BY THE CITY. SECTION 14. GRANTEE SHALL FURNISH GAS WITH A MINIMUM 10M B.T.U. PER STANDARD PUBIC FOOT HEATING VALUE WITH NOT MORE THAN -20 GRAINS OF TOTAL SULPHUR OR MORE THAN ONE (1) 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 15. GRANTEE'S METERS SHALL BE SUBJECT, AT ALL REASON- ABLE TIMES, TO INSPECTION BY THE AUTHORIZED AGENTS OF THE CITY. GRANTEE SHALL BE SUBJECT- TO AND WILL COMPLY WITH ALL ORDINANCES NOW IN FORCE AND ALL ORDINANCES THAT MAY BE HEREAFTER PASSED BY THE CITY COUNCIL. SECTION 16. 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 CONDI- TION; AND UPON GRANTEEIS 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 COST OF WHICH GRANTEE SHALL BE LIABLE. SECTION 17. EACH AND EVERY CONSTRUCTION AND RECONSTRUCTION OF GRANTEES GAS FEEDER PIPE LINES TO EFFECT DELIVERY OF GAS BEING SUCH PIPELINES THAT ARE LOCATED IN ANY OF THE CITY STREETS, PRIVATE OR PUBLIC RIGHTS OF WAY AND UTILITY EASEMENTS, SHALL BE PLANNED, CONSTRUCTED AND COMPLETED IN ACCORDANCE WITH THE FOLLOWING BASIC CONTROL STANDARDS-. -5- 0 (1) IN DEVELOPING PLANS FOR SUCH GAS MAINS THE BASIS CRITERIA SHALL BE: (A) A NORMAL DESIGN PRESSURE UP TO 25 P.S.I.G. AND A PEAK LOAD DESIGN PRESSURE UP TO 60 PoB.I.G. WITHOUT SECOND STAGE REGULATION, (B' THE LENGTH 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 (340) CUBIC FEET PER HOUR PER ACRE TO AREA TO BE SERVED. (2' THE SPECIFICATIONS OF MATERIALS USED IN CON- STRUCTION AND RECONSTRUCTING SUCH GAS MAINS AND METHODS FOR PROTECTING THE SANE SHALL BE AS FOLLOWS' (A) SEAMLESS OR WELDED BLACK STEEL PIPE SHALL BE USED AND SHALL HAVE PROPERTIES AS PRESCRIBED BY THE CURRENT AMERICAN STANDARDS ASSOCIATION SPECIFICA- TION 838.8 -1958, WITH SCHEDULE 40 THEREOF TO APPLY UP TO 6 -5/8" O.D. PIPE SIZES. _ (B) THE COATING AND WRAPPING OF PIPE SHALL CON- FORM TO THE EQUAL OR BETTER OF ROSSON— RICHARDS COMPANY MINIMUM,,SPECIFICATION RR -1 OR OF PIPE LINE SERVICE COMPANY'S BITUMASTIC SPECIFICATION RAC. (C) CATHODIC PROTECTION SHALL BE APPLIED THAT IS 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. RECTIFIER METHODS SHALL NOT BE USED. _6_ • (3) WHEN THE CITY'S DIRECTOR OF PUBLIC UTILITIES AND THE GRANTEE'S CHIEF ENGINEER AGREE IN WRITING UPON THE NECESSITY FOR AN EXCEPTION TO THE BASIC DESIGN CRITERIA SET FORTH IN (1) ABOVE AND /OR TO ANY SPECIFICATION SET FORTH IN (2), NEXT ABOVE' AND WHEN THEIR SUCH WRITING ALSO REFLECTS THEIR AGREEMENT UPON A SUBSTITUTING CRITERIA AND/OR SPECIFICATION TO APPLY, THEN THEIR AGREED DEVIATION FROM THE BASIC CONTROL STANDARDS IN ITEM (1) AND/OR (2) ABOVE SHALL BE AUTHORIZED, PROVIDED, HOWEVER, THAT SUCH SIGNED AGREEMENT SHALL BE IN THE CUSTODY OF THE GRANTEE'S CHIEF ENGINEER BEFORE PERFORMING DEVIATING CONSTRUCTION OR RECONSTRUCTION. OTHERWISE, THE BASIC CONTROL STANDARDS PROVIDED IN (1) ANO/OR (2' ABOVE SHALL CONTINUE IN FORCE AND EFFECT AND SHALL BE FOLLOWED. (4) WITHIN THIRTY (30) DAYS FOLLOWING THE EFFECTIVE DATE OF THIS FRANCHISE, GRANTEE SHALL FURNISH TO THE CITY'S DIRECTOR OF PUBLIC WORKS TWO PRINTS OF BLOCK MAPS SHOWING THEREON ALL GAS FEEDER AND GAS DISTRIBUTION PIPE LINES BEING OPERATED BY GRANTEE WITHIN THE DESIGN CRITERIA SET FORTH IN (1) ABOVE. THEREAFTER, AS TO EACH CONSTRUCTION AND RECONSTRUCTION OF SUCH PIPELINES THE GRANTEE SHALL 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 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 18. GRANTEE SHALL EXTEND ITS PIPES WITHIN THE FRANCHISE AREA AND SHALL FURNISH SERVICES, FROM TIME TO TIME, AS CITY COUNCIL MAY DEMAND, UPON A SHOWING THAT ONE NEW CUSTOMER FOR e7® • Ll EVERY ONE HUNDRED (100') FEET OF NEW EXTENSION HAS MADE AN APPLICA- TION IN WRITING TO TAKE AND USE GAS ON SUCH EXTENSION. SECTION 19. IN GRANTING THIS FRANCHISE, THE CITY DOES NOT WAIVE ITS REGULATORY POWERS, OR ANY OTHER RIGHTS' UNDER ITS 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 OF SAID CITY. SECTION 20. 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 AND FUTURE ORDINANCES, AND GRANTEE SHALL PERFORM ALL DUTIES REQUIRED OF IT BY THE CHARTER AND ALL VALID ORDINANCES OF THE CITY AND THE LAWS OF THE STATE OF TEXAS. SECTION 21. IN GRANTING THIS FRANCHISE THE CITY RESERVES ITS RIGHTS TO REGULATE ALL PUBLIC UTILITIES, 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 22. 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 TIME. SECTION 23. FOR ANY AND ALL MONEYS WHICH MAY BE JUSTLY DUE, OR WHICH MAY BECOME DUE TO THE CITY UNDER THE 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 FRANCHISE, 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 c GRANTED. SECTION 24. IN ADDITION TO THE RIGHTS, PRIVILEGES AND FRANCHISE GRANTED TO GRANTEE, AS HEREINABOVE SET FORTH, GRANTEE IS HEREBY GRANTED THE RIGHT OF INGRESS AND EGRESS FOR THE PURPOSE OF SERV- ING THE AREAS DESCRIBED HEREIN AND AREAS BEYOND THE PRESENT CITY LIMITS. SECTION 255. THE RIGHTS, PRIVILEGES AND FRANCHISE HEREIN GRANTED TO GRANTEE SHALL EXTEND TO AND INCLUDE ITS SUCCESSORS AND ASSIGNS, AND THE TERMS, CONDITIONS, PROVISIONS, REQUIREMENTS, AND AGREEMENTS IN THIS ORDINANCE CONTAINED, AND EACH OF THEM, SHALL BE BINDING UPON THE SUCCESSORS AND ASSIGNS OF GRANTEE. NO ASSIGNMENT OF THIS FRANCHISE, HOWEVER, SHALL BE BINDING UPON THE CITY WITHOUT ITS CONSENT AND APPROVAL THEREOF HAVING BEEN OBTAINED BY ACTION OF THE CITY COUNCIL. SECTION 26. AT ANY TIME WITHIN THE TERM OF THIS FRANCHISE, 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 SHALL BE A PRICE EQUIVALENT TO THE FAIR VALUE OF THE PROPERTY AT THE TIME OF THE GIVING OF THE NOTICE TO GRANTEE AS HERE- INAFTER 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 WILL91 OR TO "GOING CONCERN" OR TO OTHER INTANGIBLES. PROVIDED THAT THE FAIR VALUE SHALL NEVER BE MORE NOR LESS THAN THE AGGREGATE PRINCIPAL AMOUNT OF THE BONDS OF GRANTEE AT THE TIME REMAINING -9- OUTSTANDING TOGETHER WITH THE INTEREST ACCRUED THEREON TO DATE OF PURCHASE OF SUCH PROPERTY AND ANY PREMIUM PAYABLE ON SUCH BONDS ON THE REDEMPTION THEREOF PRIOR TO STATED MATURITIES. PROVIDED FURTHER THE DATE OF PURCHASE OF SUCH PROPERTY SHALL NEVER OCCUR PRIOR TO A DATE ON WHICH ALL OF THE BONDS OF GRANTEE AT THE TOME OUTSTANDING ARE REDEEMABLE IN ACCORDANCE WITH THEIR TERMS. THE RIGHT OF THE CITY TO PURCHASE SUCH PROPERTY OF GRANTEE SHALL, IF EXERCOSEDp BE DONE IN THE FOLLOWING MANNER: i, THE COUNCIL MAY ORDER NOTICE TO BE GIVEN TO GRANTEE THAT THE CITY DESIRES TO PURCHASE SUCH PROPERTY; AND UPON SUCH ORDER BEING GIVEN THE CITY SECRETARY SHALL GIVE SUCH NOTICE TO GRANTEE. 2. WITHIN SIXTY (%O) DAYS FROM THE DATE OF THE AFORESAID NOTICE, GRANTEE SHALL SUBMIT TO THE CITY A COMPLETE DETAILED INVENTORY OF THE PROPERTY OF GRANTEE WHICH IS SITUATED WITHIN THE FRANCHISE AREA AND UTILIZED IN CONNECTION WITH ITS OPERATIONS UNDER THIS FRANCHISE, AND DETAILED MAPS SHOWING THE LOCATION OF SUCH PROPERTY. SECTION 27. UPON TENDER OF SAID PURCHASE PRICE THE GRANTEE, CORPUS CHRISTI MUNICIPAL GAS CORPORATION, SHALL DELIVER PROPER CONVEYANCES TO THE CITY AND PROMPTLY PAY SAID MONIES OVER TO THE HOLDERS OF SUCH OUTSTANDING BONDS, IN ACCORDANCE WITH THE TERMS THEREOF AND THE INDENTURE, MORTGAGE AND DEED OF TRUST SECURING THE SAME. SECTION 28. EACH OF THE PROVISIONS HEREOF IS ACCEPTED BY GRANTEE AS A CONDITION OF THE GRANT, AND UPON THE FAILURE OF GRANTEE AT ANY TIME TO COMPLY WITH THE TERMS HEREOF, THE COUNCIL, UPON COMPLIANCE WITH THE FOLLOWING PROCEDURE, MAY, BY ORDINANCE, FORFEIT THIS FRANCHISE. THE COUNCIL MAY FORFEIT THIS FRANCHISE ONLY AFTER NOTICE AND HEARING AND DETERMINATION AS A FACT THAT GRANTEE HAS FAILED TO COMPLY WITH A CONDITION OF THIS FRANCHISE. SUCH NOTICE SHALL STATE WHEREIN GRANTEE HAS FAILED TO COMPLY WITH THE TERMS OF THIS FRAN- CHISE, OR WITH THE REQUIREMENTS OF THE CHARTER OF THE CITY AND THE ORDINANCES 2 u AND 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 NEARING, THE COUNCIL SHALL HEAR EVIDENCE FROM BOTH THE CITY AND GRANTEE AND FROM SUCH EVIDENCE DETERMINE AS A FACT WHETHER GRANTEE HAS FAILED TO COMPLY WITH ANY TERMS OF THIS FRANCHISE. SUCH DETERMINATION SHALL BE MADE BY ORDINANCE OF THE COUNCIL. IF THE COUNCIL DETERMINES THAT THIS FRANCHISE SHOULD BE FORFEITED, THE SAME SHALL TERMINATE SUBJECT TO THE RIGHT OF GRANTEE, WITHIN SIXTY (60) DAYS AFTER THE FINAL PASSAGE OF THE ORDINANCE SO DETERMINING TO EXERCISE EITHER OR BOTH OF THE FOLLOWING RIGHTS-. (A) TO COMPLY WITH THE TERMS OR PROVISIONS OF THIS 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, OR (B) TO FILE AN ACTION IN THE APPROPRIATE COURT HAVING JURISDICTION FOR THE PURPOSE OF HAVING SUCH FAILURE JUDICIALLY DETERMINED. UPON THE FILING OF SUCH ACTION, THE FORFEITURE SHALL BE SUSPENDED DURING THE PENDENCY OF SUCH ACTION, FOR A PERIOD OF SIXTY (60) DAYS OR SUCH LATER DATE AS AGREED UPON BY THE CITY AND GRANTEE. SECTION 29. THE GRANTEE HEREIN SHALL HAVE THE RIGHT TO APPEAL TO THE CITY COUNCIL ANY ACT OR OMISSION, DECISION OR ORDER OF ANY REPRESEN- TATIVE OF THE CITY WHICH MAY AFFECT ITS RIGHTS, DUTIES OR OBLIGATIONS HERE- UNDER. NOTICE OF SUCH APPEAL SHALL BE IN WRITING AND DELIVERED TO THE CITY SECRETARY WITHIN FIFTEEN (15) DAYS AFTER SUCH ACT, OMISSION, DECISION OR ORDER. SECTION 30. THIS FRANCHISE SHALL BECOME EFFECTIVE AFTER BEING FINALLY ACTED ON BY THE CITY COUNCIL, ACCEPTED BY THE GRANTEE, AND OTHER- WISE IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THE CITY CHARTER. e a � THAT THE FOREGOING ORDINANCE WAS READ FOR THE FIRST TIME AND PASSED TO ITS SECOND READING, ON THIS THE DAY OF s BY THE FOLLOWING VOTE' BEN Fe MCDONALD Tom R. SWANTNER DR. JAMES L. BARNARD JOSE Re DELEON M. Po MALDONADO W. J. ROBERTS JAMES Ho YOUNG THAT THE FOREGOING ORDINANCE WAS READ FOR THE SECOND TIME AND PASSED TO ITS THIRD READING ON THIS THE DAY OF 19 s BY THE FOLLOWING VOTE: BEN F. MCDONALD Tom Re SWANTNER DR. JAMES Le BARNARD JOSE R. DELEON M. P. MALDONADO We J. ROBERTS JAMES He YOUNG THAT THE FOREGOING ORDINANCE WAS READ FOR THE THIRD TIME AND PASSED FINALLY ON THIS THE BAY OF , 19 , BY THE FOLLOWING VOTE: BEN Fe MCDONALD Tom R. SWANTNER DR. JAMES Lo BARNARD JOSE Re DELEON Me Pe MALDONADO We J. ROBERTS JAMES H. YOUNG PASSED AND APPROVED, THIS THE DAY OF 19 ATTEST: CITY SECRETARY APPROVED AS TO LEGAL FORM THIS DAY OF 196e: CITY ATTORNEY MAYOR THE CITY OF CORPUS CHRISTI' TEXAS, PROPOSITION B "SHALL THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI BE AUTHORIZED TO 'ENACT AN ORDINANCE GRANTING TO CORPUS CHRISTI MUNICIPAL GAS CORPORATION A FRANCHISE FOR A TERM OF FIFTEEN (15) YEARS FOR THE PURPOSE OF CONSTRUCTING AND OPERATING GAS PIPES AND MAINS INp ON, UNDER AND ALONG THE STREETS, ALLEYS, AVENUES AND PUBLIC PLACES OF THE CITY OF CORPUS CHRISTI, CONCERNING THE SOUTH, SOUTHWEST AND NORTHWEST AREAS, ALL AS PROVIDED IN THE FORM OF ORDINANCE GRANTING SUCH FRANCHISE AS SET OUT IN ORDINANCE No. 6832, PASSED AND APPROVED BY THE CITY COUNCIL ON THE 6TH DAY OF MARCH, 19632" SECTION 5< ALL VOTERS DESIRING TO SUPPORT THE PROPOSITION AUTHORIZING AND APPROVING THE PASSAGE OF AN ORDINANCE AUTHORIZING THE CITY COUNCIL TO GRANT A FRANCHISE IN THE AREAS OF THE CITY DESIGNATED AS THE SOUTH, SOUTHWEST AND NORTHWEST AREAS AS DESCRIBED IN THE PROPOSED FRANCHISE SET FORTH IN ORDINANCE No. 6832 SHALL HAVE WRITTEN OR PRINTED ON THEIR BALLOT THE FOLLOWING WORDS: "FOR AUTHORIZING THE GRANTING OF A FOANCHISE TO CORPUS CHRISTI MUNICIPAL GAS CORPORATION FOR A TERM OF FIFTEEN (15) YEARS," 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 THE AREAS OF THE CITY DESIGNATED AS THE SOUTH, SOUTHWEST AND NORTHWEST AREAS AS DESCRIBED IN THE PROPOSED FRANCHISE SET FORTH IN ORDINANCE No, 6832 SHALL HAVE WRITTEN OR PRINTED ON THEIR BALLOT THE FOLLOWING WORDS: "AGAINST AUTHORIZING THE GRANTING OF FRANCHISE TO CORPUS CHRISTI MUNICIPAL GAS CORPORATION FOR A TERM OF FIFTEEN (15) YEARS," SECTION 6. SAID ELECTION SHALL BE HELD IN THE CITY OF CORPUS CHRISTI AT THE FOLLOWING PLACES AND THE FOLLOWING NAMED PERSONS ARE HEREBY APPOINTED JUDGES AND OFFICERS OF SAID ELECTION AT THE RESPECTIVE ELECTION PRECINCTS: -4- CITY PREC.NO. COUNTY PREC.NO. LOCATION OF POLLS JUDGES, ASSISTANT JUDGES AND CLERKS 1 1,21 & 49 JUDGE GILLELANDIS COURT ROOM CECIL M.PROCTOR,JUDGE COURT HOUSE I- I.J.KERBER,ASST.JUDGE MRS. LEA H.BECK,CLERK MRS. ANDY WOMACK,CLERK 2 3, 4, 32 & 33 NORTH SIDE JUNIOR HIGH SCHOOL MRS. VIOLA BALMAT,JUDGE 500 CARRIZO STREET MISS GERTRUDE DREYER,ASST.JUDGE MRS. C.P.CULLINAN,CLERK MRS. CONCEPCION SIERRA,CLERK 3 30, 38 & 78 CHAS. W. CROSSLEY SCHOOL MRS. J. H. VETTERS, JUDGE 2512 KOEPKE MRS. D. H. MOORE, ASST.JUDGE MRS. D. E. CORNETT, CLERK MRS. J. A. ALSTON, CLERK 4 7 & 8 OAK PARK SCHOOL MRS. H. A. TYLER, JUDGE 3701 MUELLER MISS ROSALEA RUSCHHAUPT,AST.JDG. MARY JANE CALK,CLERK ETHEL HAYNIE, CLERK 5 82, 51'x' & 81'x' SAVAGE LANE FIRE STATION T. R. HERRING, JUDGE - - 501 SAVAGE LANE MRS. ANNA WHELANg ASST.JUDGE MRS. H. H. MCCOOL, CLERK MARJORIE BROOKS, CLERK 6 52 & 99 PALM ROOM, TALLY -HO MOTEL MRS. R. J. HEREFORD, JUDGE VILLA DRIVE ENTRANCE MRS.HARMON MCNEILL,ASST.JUDGE MRS. J. E. KENNEDY, CLERK DAN KURESKA, CLERK 77 & 79 ROY MILLER HIGH SCHOOL MRS. JACK BARFIELD, JUDGE 515 FISHER SHELTON BLUHM, ASST.JUDGE MRS. TRAVIS LOWMAN, CLERK MRS. C. E. DUDLEY, CLERK 8 6, 31 & 39 EDWARD FURMAN SCHOOL JUDY R. BISHOP, JUDGE 1115 S. ALAMEDA MRS. J.W.SHELDON,ASST.JUDGE MRS. ELIZABETH SEANE,CLERK Ik ENE P. HERRERA, CLERK 9 45 & 46 GEO.WIGGINS HOMES RECREATION MRS. E. M. JIMENEZ, JUDGE CENTER, 2320 BUFORD MRS. PHILLIP E.TANIS,ASST.JDG. MRS. RALPH DURAN, CLERK JACK MAYFIELD, CLERK 10 44 & 76 ELLA BARNES JR. HIGH SCHOOL MRS.MINNIE B.O °CONNELL,JUDGE 3102 HIGHLAND MRS. CLEO FULTON,ASST.JUDGE MRS. LON J. HOLLAND, CLERK MRS. ETTA T.GOFORTH, CLERK 11 60 & 24* STEPHEN F. AUSTIN SCHOOL MRS. J. B. FULTON, JUDGE 3902 MORGAN MRS. LEONOR MARTINEZ,ASST.JDG. TONY C. DIAZ, JR.,CLERK DOLORES GONZALES, CLERK 12 61 & 77 LOZANO SCHOOL GEORGE ELIZONDO, JUDGE 650 OSAGE MRS. 0. P. ALEMAN, ASST.JUDGE MRS. THELMA K.DAVID,CLERK MRS. GEORGE M.CHATMAN,CLERK 13 75 DAVID CROCKETT SCHOOL MRS. ROSE GONZALES, JUDGE 2625 BELTON MRS.LYDIA TRUJILLO,ASST.JDG. MRS. JOSE A.GARZA,CLERK SIXTO ARREDONDO, CLERK • JUDGES, ASSISTANT CITY PREC.NO. COUNTY PREC.NO. LOCATION OF POLLS JUDGES AND CLERKS 14 43 & 83 Wm. B. TRAVIS SCHOOL LOUIS ADERHOLT, JUDGE r 1645 TARLTON MRS. F.J.FLOYD,ASST.JUDGE MRS. J. A. STRINGER, CLERK MILDRED L. BECK, CLERK 15 y, 41, 85 & 88 ELIZABETH STREET SCHOOL OSCAR E. DAVIS, JUDGE 2002 ELIZABETH MRS.GRADY O.SMITH,ASST.JUDGE AMELIA GARZA,CLERK MRS. JOHN R.LOPEZ,SR.,CLERK 16 40, 58 & 62 MENGER SCHOOL MRS. C. E. BUCK, JUDGE 2209 S. ALAMEDA MRS.D.W.SCHOENFELD,ASST.JDG. MRS. VIRGINIA VETTERS, CLERK MRS. JAMES DURHAM, CLERK 17 112, 59 & 86 INCARNATE WORD ACADEMY MRS. DOLLY CARROLL, JUDGE 2930 S. ALAMEDA RUTH B. GILL, ASST.JUDGE T. M. JONES, CLERK W. DUNLAP, CLERK 18 50 & 67 LINDALE RECREATION CENTER MRS. EDWIN L. OLSEN,JUDGE 3133 SWANTNER MRS. A. C.ROACH,ASST.JUDGE MRS. C. E. BEARDSLEY,CLERK MRS. OWEN D.COX, CLERK 19 56 & 57 HOUSING AUTHORITY OFFICE MRS. P. A. TOM, JUDGE 3701 AYERS MRS. M.H.DAVIs, ASST.JUDGE MRS. H. T. CUNNINGHAM,CLERK MRS. R. E. THURMAN, CLERK 20 p 53 & 68 SAM HOUSTON SCHOOL NED W.BEAUDREAU, JUDGE 363 NORTON W.W.ADCOCK, ASST. JUDGE MRS. S.M.M000Y, CLERK MRS. L.C.SCIVALLY, CLERK 21 69 & 96 BAKER JR.HIGH SCHOOL DREW HARRISON, JUDGE 3445 PECAN MRS. E.R.WHITMIRE,ASST.JUDGE MRS. RUTH SCARLETT,CLERK MRS. JOE GARRETT, CLERK 22 73 & 97 JAS. W. FANNIN SCHOOL MRS. G. M. BLUHM, JUDGE 2730 GOLLIHAR MRS. H. L. Ross,AsST.JUDGE MRS. B.S.DUMONT, CLERK MRS. F.L.KIRKLAND, CLERK 23 74 CUNNINGHAM JR.HIGH SCHOOL GILBERT RODRIGUEZ, JUDGE 4321 PRESCOTT OFELIA GAONA, ASST. JUDGE MARCELLA Ruiz, CLERK CL K 21i 71 & 98 BORDEN COMPANY E9,K.W,,LewiS, JUDGE 4930 AYERS . BEN FEN ON,ASST.JUDGE MRS. BEN L.GLOMBICLERK JULIO ESPINOSA, CLERK 25 80 MOLINA JR.HIGH SCHOOL MRS. ELOISA S.GUITERREZ,JUDGE 1115 BLOOMINGTON M.L.GONZALEZ, ASST.JUDGE RAMON L. GARCIA, CLERK GLORIA F. CANALES, CLERK JUDGES, ASSISTANT CITY PREC. N0. COUNTY PREC. NO. LOCATION OF POLLS JUDGES AND CLERKS 26 20* MORAVIAN HALL CHARLES F ®YT, JUDGE KOSTORYZ ROAD WM. E BRANDESKY ASST JUDGE 27 2s 29 30 31 32 33 34 35 36 37 g e M. J. VAVRICEK, CLERK JAMIE KUCERA, CLERK 72 & 95 CENTRAL PARK SCHOOL MRS. W.P. LIVINGSTON, JUDGE 3602 MCARDLE MRS. ALBERT MOSMEYER, ASST.JUDGE MRS. D. A. BRANDON, CLERK ANDREW BUSKER, CLERK 87 CARROLL LANE SCHOOL R. L. MCCOMB, JUDGE HOWARD WALKER, AssT. JUDGE BARBARA VAN DRESAR, CLERK J. C. PITTMANS CLERK 66 R. B. FISHER SCHOOL G. R. GILPIN, JUDGE 601 MINNESOTA PENROD THORNTON, ASST. JUDGE MRS. IVAN H. SPOOR, CLERK MARY DOEPPENSCHMIDT, CLERK 63 SCOUT HUT, PARKWAY MRS. A. C. KUEHM, JUDGE PRESBYTERIAN CHURCH MRS. AGNES H. GREGORY,ASST.JUDGE ' 3707 SANTA FE MRS. Geo. HAMILTONg CLERK THURSTON LAMBROGHT, CLERK 64 SANTA FE SWIMMING MRS. M. A. CAGE, JUDGE CLUB BUILDING 49D® MRS. J. L. ANDERSON, ASST. JUDGE SANTA FE MRS. WM. D. BONILLAg CLERK MRS. Lew BORDEN, CLERK 93 ROBT. T. WILSON SCHOOL MRS. EULA JO GOOEKE, JUDGE 3925 FT. WORTH MRS. C. W. CAGE, ASST. JUDGE MRS. LeRoy BASKIN, CLERK MRS. KENNETH BENNIGHT, CLERK 5 & 94 HAMLIN JR. HIGH SCHOOL MRS. CATHERINE COX, JUDGE 3850 S. STAPLES MRS. ALBERT W. CARHART,ASST.JUDGE MRS. B. R. CHASTAIN, CLERK MRS. J. T. CANNON, CLERK 48 & 84 PARKDALE ELEMENTARY P. B. SNYDER, JUDGE SCHOOL 4801 HELEN SMITH ASST. JUDGE EVERHART ELLEN A. SHOEMAKER, CLERK MRS. MELVIN CLARK, CLERK 2 WINDSOR PARK SCHOOL 4525 S.. ALAMEDA MRS. B. V. BALLENGEE, JUDGE MRS. DOUGLAS LOVELESSgASST.JUDGE MRS. GLEN C. LEBLEU, CLERK MRS. R.B. PENNINGTON, CLERK 65 MONTCLAIR ELEMENTARY JAB. L. BEYNON, JUDGE SCHOOL MRS. OLSEN P. KEITH, ASST. JUDGE 5241 KENTNER MRS. RUTH GRASSAUGH, CLERK MRs. ERNEST MULLEg CLERK 92 CULLEN PLACE JR. HIGH MRS. EUGENE COFFEY, JUDGE SCHOOL MRS. BROOKS GARRET?, ASST. JUDGE 5225 GREELY MRS. WM. P. HINSONg CLERK MRS. BRUCE M. JENNINGS, JR. CLERK o' * • *THAT PORTION LYING WITHIN THE CITY LIMITS. IV JUDGES, ASSISTANTS LOCATION OF POLLS JUDGES AND CLERKS CITY PREC. N0. COUNTY PREC. NO- 89 9O &70 ERASER ELEMENTARY SCHOOL ROADS . GGAN, vUOGE /, ASST- 38 AIRLINE & MCARDLE CLERKGE BELN1 EISWEPA D'{Q'R®JTH�Y $HERWINg, CLERK , ^Qo I'v"1 .p 91 WOODLAWN ELEMENTARY BEN D� U/DGG'E MRS. ROBBIE RACKLEY, ASST.JUDGE 39 SCHOOL 1110 WOODLAWN DRIVE FRANCIS A. BAKER, CLERK CLERK MRS. M.L. SPROWL, MRS. FELIX IRWIN, JUDGE 40 17* & 18+F JOHN L. TOMPKINS MRS. R. R. BISHOP, ASST. JUDGE FIELD OFFICE MRS. M. C. SLOUGH# CLERK PEARY PLACE. MRS. HERMAN HAWKINS, CLERK fig* & 3u CLARKWOOD INDEPENDENT MRS. PAYNEp JUDGE JUDGE 41 41 SCHOOL DISTRICT MRS. JESS DOTSON, CLERK MRS. D. E. KILGORE 10�103�' TULOSO- MIDWAY HIGH MRS. J. W. LAWRENCE# JUDGE 4Z $V9 L HOME ECDNOMICIS MRS. D.WD.ABRAMBLETTgRCLERKT.JUDGE MRS. OLLIE WHITWORTH, CLERK V Jam. W. M. MAGEE# JUDGE 9' & 1O1 iF COUNTY BUILDING, MRS. DOLPH MAGEEg ASST. JUDGE 3 ANNAVILLE MRS. DOROTHY FERRELL, CLERK MRS. J. R. SINCLAIR, CLERK CITY HALL MRS. EDNA MEADOR* JUDGE MRS. DORIS FRANCIS, ASST. JUDGE ABSENTEE ELVA QUINTANILLA# CLERK MRS. LO15 SHEPARD$ CLERK *THAT PORTION LYING WITHIN THE CITY LIMITS. IV ABSENTEE VOTING SHALL BE CONDUCTED BY THE CITY SECRETARY AT HIS 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 MRS. DORIS FRANCIS, ASSISTANT JUDGE Miss ELVA QUINTANILLA, CLERK MRS. Lois SHEPARD: CLERK THE PRESIDING JUDGES SHALL BE AUTHORIZED TO SELECT SUCH CLERKS OR OTHER ASSISTANTS PROVIDED BY LAW, AS MAY BE DEEMED NECESSARY AND SAID ELECTION SHALL BE HELD IN ACCORDANCE WITH THE PROVISIONS OF LAW RELATING TO ELECTIONS AND THE GENERAL LAWS OF THE STATE OF TEXAS SHALL BE OBSERVED INSOFAR AS THEY ARE APPLICABLE. SECTION 7. SAID ELECTION SHALL BE HELD IN ACCORDANCE WITH THE STATUTES AND CONSTITUTION OF THE STATE OF TEXAS AND THE CHARTER OF THE CITY OF CORPUS CHRISTI, TEXAS. SECTION S. THAT THE POLLS WILL BE OPEN FROM 7:00 ®9 CLOCK A. M• To 7-00 O'CLOCK P. M. ON THE SAID DATE OF APRIL 21, 1963, 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, SHALL CONSTITUTE THE NOTICE OF ORDERING OF SAID ELECTION, AND THE MAYOR IS DIRECTED TO CAUSE A COPY OF THIS ORDINANCE, SIGNED 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 NEWSPAPER OF GENERAL CIRCULATION PUBLISHED WITHIN THE CITY OF CORPUS CHRISTI, TEXAS, SAID PUBLICATION TO BE MADE ONE TIME AT LEAST TWENTY (20) DAYS PRIOR TO THE DATE OF THE ELECTION. °5m SECTION 10• VOTING MACHINES MAY BE EMPLOYED AT THE ELECTION HEREIN ORDERED IN ACCORDANCE WITH THE gR{{pLL BE HELD AND•RETURNSLOF SAID CODE, ARTICLE 7•'4, AND SAID ELECTION 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• IMPORTANCE OF THE QUESTION INVOLVED SECTION 11. THAT THE PUBLIC AND THE REQUIREMENT OF THE CITY CHARTER R WHETHER OR NOT THE QUALIFIED QMH QUESTION AND THE NECESSITY FOR DETERMINING VOTERS DESIRE TO AUTHORIZE SUCH ITY REQUNRING THE SUSPENSION L OF THE CHARTER N CHARTER RU LE AN IMPERATIVE PUBLIC NECESS LLY ON THE DATE OF ITS THAT NO ORDER OR RESOLUTION SHALL BE PASSED FINA INTRODUCTION AND THAT SUCH ORDER OR RESOLUTION SHALL Be READ AT THREE (31 SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR AND THE AND HAYING RE° ExISTO HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY ORDINANCE SHALL BE PASSED QUESTED THAT SUCH CHARTER RULE BE SUSPENDED, IN FULL FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE ISEFFECT ACCORDINGLY 50 ORDAINED FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT THIS THE 6TH DAY OF MARCH, 1963° THE CITY OF CORPUS CHRISTI, ATTEST: q � CITY SECRETARY' IS THE 6THRDAYDOF MARCH, G1963: ITY -rTOR EY • • • Corpus Chris i, Texas _day of 19.0-1 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the fore- going ordinance, a public emergency and imperative necessity exist for the suspension of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; I, therefore, hereby request that you suspend said Charter rule or requirement and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, MAYOR THE CITY OF CORPUS CHRI , TEXAS The Charter rule was suspended by the following vote: Ban F. McDonald Tom R. Swantner Dr. James L. Barnard Jose R. DeLeon M. P. Maldonado W. J. Roberta James H. Young The above ordinance was passed by the Poll ing vote: _ Ben F. McDonald Tom R. Swantner Dr. James L. Barnard Jose R. DeLeon 1-4 AZ M. P. Maldonado W. J. Roberts James H. Young c ORD I NANCE NO. ORDERING AN ELECTION TO BE HELD ON THE, 2ND DAY OF APRIL, AT WHICH ELECTION THERE SHALL BE SUBMITTED TO A VOTE OF "- THE QUALIFIED VOTERS OF THE CITY OF CORPUS CHRISTI THE QUESTION OF GRANT- ING A FRANCHISE, FOR A TERM OF FIVE n (5) YEARS, TO CORPUS CHRISTI MUNICIPAL GAS CORPORATION, TO CONSTRUCT AND OPERATE GAS PIPES AND MAINS IN, ON, r ° UNDER AND ALONG THE STREETS, AVENUES, ALLEYS AND PUBLIC PLACES OF THE CITY OF CORPUS CHRISTI WITHIN THE AREAS o c DESCRIBED IN SAID FRANCHISE, AS IS d = FULLY DESCRIBED IN ORDINANCE N0.6757, GRANTING SAID FRANCHISE, FINALLY a PASSED ON THE 9TH DAY OF JANUARY,1963, m -4 C A� y -4 A COPY OF WHICH FRANCHISE IS INCLUDED AND M [� HELD THE X 2ND DAY OF APRIL, 1963, AT WHICH ?n' ELECTION THERE SHALL BE SUBMITTED TO A VOTE OF THE QUALIFIED VOTERS OF THE CITY OF CORPUS CHRISTI THE QUESTION OF WHETHER OR NOT THE CITY COUNCIL SHALL BE AUTHORIZED TO ENACT AN ORDI- NANCE GRANTING A FRANCHISE FOR A PERIOD OF FIFTEEN (15) YEARS TO CORPUS CHRISTI MUNICIPAL GAS CORPORATION 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; CITY OF CORPUS CHRISTI LEGAL DEPARTMENT c