HomeMy WebLinkAbout06856 ORD - 04/03/1963r
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AN ORDINANCE
AN ORDINANCE GRANTING TO SOUTHERN COMMUNITY GAS COMPANY
THE RIGHT, PRIVILEGE AND FRANCHISE TO CONSTRUCT AND
OPERATE GAS TRANSMISSION LINES ALONG THE STREETS,
AVENUES, ALLEYS AND PUBLIC PLACES OF THE CITY OF
CORPUS CHRISTI SOLELY FOR THE TRANSMISSION OF GAS
THROUGH THE SOUTH AND CENTRAL AREAS- DESCRIBED HEREIN;
PRESCRIBING THE TERMS, CONDITIONS, OBLIGATIONS AND
LIMITATIONS UPON AND UNDER WHICH SUCH RIGHT, PRIVILEGE
AND FRANCHISE SHALL BE EXERCISED; PROVIDING THAT NO
SALES OR DELIVERIES OF GAS TO ANY CUSTOMERS WITHIN THE
AREA SHALL BE MADE BY THE GRANTEE; PROVIDING FOR PUBLI-
CATION AND ACCEPTANCE OF THE FRANCHISE AS PROVIDED BY
THE CITY CHARTER.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. THERE IS HEREBY GRANTED TO SOUTHERN COMMUNITY GAS
COMPANY, HEREIN CALLED GRANTEE, ITS SUCCESSORS AND ASSIGNS, SUBJECT TO THE
TERMS AND CONDITIONS HEREOF, THE RIGHT, PRIVILEGE AND FRANCHISE TO CONSTRUCT,
EXTEND, OPERATE AND MAINTAIN, FROM TIME TO TIME AND CONTINUOUSLY DURING THE
TERM HEREOF NATURAL OAS TRANSMISSION LINES, OVER AND ACROSS THE STREETS,
AVENUES, THOROUGHFARES, PUBLIC UTILITY EASEMENTS, BRIDGES, STREAMS, ALLEYS,
PARKS, LANES, AND SQUARES OF SAID CITY LOCATED IN THE TERRITORY DESIGNATED
AND DESCRIBED IN SECTION 2 HEREOF, FOR THE TRANSMISSION AND DELIVERY OF GAS
TO CUSTOMERS LOCATED OUTSIDE OF THE CITY OF CORPUS CHRISTI OR TO INDUSTRIAL
CUSTOMERS LOCATED WITHIN THE CITY LOCATED WITHIN SUCH AREA AS IS DESCRIBED
IN ANY FRANCHISE FROM THE CITY TO GRANTEE.
SECTION 2. THE TERRITORY COVERED BY THIS FRANCHISE, HEREIN CALLED
"FRANCHISE AREA", 19 DESCRIBED AS FOLLOWS, TO -WIT:
GI J
cEMTRAL AREA•-
BEGINNING AT THE INTERSECTION OF THE NORTH BOUNDARY LINE OF WARDLE ROAD
AND A LINE ONE (1),FOOT NORTHWEST OF THE SOUTHEAST - BOUNDARY LINE OF WEBER
ROAD;
THENCE SOUTHWEST WITH A LINE PARALLEL TO AND 1-FOOT NORTHWEST OF THE
SOUTHEAST BOUNDARY LINE OF WEBER ROAD TO A POINT WHERE SAID LONE ONTER-
SECTS WITH THE NORTH BOUNDARY LINE OF SARATOGA ROAD;
THENCE IN A NORTHWESTERLY DIRECTION ALONG AND WITH THE NORTHEAST BOUNDARY
LINE OF SARATOGA ROAD, CONTINUING UPON A STRAIGHT LINE ACROSS ALL ROAD
INTERSECTIONS, TO A POINT WHERE SAID LINE INTERSECTS WITH THE CENTER LINE
OF OLD BROWNSVILLE ROAD (ALSO KNOWN AS Fe Me ROAD 665), THENCE CONTINUING
IN A NORTHWESTERLY DIRECTION IN A STRAIGHT LINE AS THOUGH THE NORTHEAST
BOUNDARY LINE OF SARATOGA ROAD WERE EXTENDED FOR A DISTANCE OF 1320 FEET
FROM THE INTERSECTION OF THE NORTHEAST BOUNDARY LINE OF SARATOGA ROAD WITH
THE CENTER LINE OF OLD BROWNSVOLLE ROAD;
THENCE IN A NORTHEASTERLY DIRECTION ALONG A LINE PARALLEL TO AND 1320
FEET NORTHWEST FROM THE CENTER LINE OF OLD BROWNSVILLE ROAD (ALSO KNOWN
AS F. Me ROAD 665) TO A POINT AT WHICH SUCH LINE INTERSECTS THE CENTER
LINE OF KOSAR ROAD (ALSO KNOWN AS COUNTY ROAD No. 34);
THENCE IN AN EASTERLY DIRECTION ALONG THE CENTER LINE OF ROSAR ROAD
(ALSO KNOWN AS COUNTY ROAD NO. 34) TO A POINT WHERE SUCH CENTER LINE
INTERSECTS THE NORTHWESTERN BOUNDARY LINE OF OLD BROWNSVILLE ROAD (ALSO
KNOWN As Fe M. ROAD 665);
THENCE IN A SOUTHWESTERLY DIRECTION ALONG THE NORTHWESTERN BOUNDARY
OF OLD BROWNSVILLE ROAD `ALSO KNOWN AS Fn Me ROAD 6651 TO A POINT WHERE
SUCH BOUNDARY LINE WOULD INTERSECT WITH THE NORTH OR NORTHEASTERN BOUNDARY
LINE OF HORNE ROAD IF SAID LAT'T'ER BOUNDARY LONE WERE EXTENDED IN A NORTH -
WESTERLY DIRECTION ACROSS OLD BROWNSVILLE ROAD;
THENCE EASTERLY ACROSS OLD BROWNSVILLE ROAD TO A POINT WHERE THE NORTH
OR NORTHEAST BOUNDARY LINE OF HORNE ROAD INTERS 'ECTS THE SOUTHEAST
BOUNDARY LINE OF OLD BROWNSVTLLE ROAD, THENCE EASTERLY ALONG THE NORTH
AND NORTHWESTERLY BOUNDARY OF HORNE ROAD (ALSO BEING THE SOUTH, SOUTH-
EAST AND SOUTHWEST BOUNDARY LINE OF OLD CLIFF MAUS AIRPORT PROPERTY)
TO THE SOUTHEAST BOUNDARY LINE OF GREENWOOD DRIVE;
THENCE ACROSS HORNE ROAD IN A SOUTHWESTERLY DIRECTION TO AND THENCE
ALONG THE SOUTHEAST BOUNDARY LINE OF GREENWOOD DRIVE TO ITS INTERSECTION
WITH THE NORTHEAST BOUNDARY LINE OF SECTION 4, BOHEMIAN COLONY LANDS;
THENCE IN AN EASTERLY DIRECTION ALONG THE NORTHEASTERLY BOUNDARY LINE
OF SAID SECTION 4, BOHEMIAN COLONY LANDS TO THE NORTHWESTERLY BOUNDARY
LINE OF AYERS STREET)
THENCE NORTHEASTERLY ALONG AMD WITH THE NORTHWESTERLY BOUNDARY LINE OF
AYERS STREET TO A POINT WHERE SAID BOUNDARY LINE WOULD INTERSECT WITH
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A LINE WHICH WOULD BE THE NORTHEA- 37tl*M-BOUNDARY LINE OF Mc ARDLE ROAD
IF SAID NORTHEASTERN BOUNDARY LINE OF WARDLE ROAD WERE EXTENDED
NORTHWESTERLY'
THENCE.SOUTHEASTERLY ALONG THE NORTHEAST BOUNDARY LINE OF WARDLE
ROAD TO'THE PLACE OF BEGINNING.
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SOUTH AREA
BEGINNING AT THE SOUTHEAST CORNER OF THE U. S. NAVAL AI-.R STATION
PROPERTY, CORPUS CHRISTI, NUECES COUNTY, TEXAS, SAI- D'POINT BEING
ON THE WEST SHORELINE.OF LAGUNA MAORE;
THENCE IN A SOUTHWESTERLY DIRECTION ALONG THE WEST SHORELINE OF
LAGUNA MADRE, WHICH GENERALLY FOLLOWS A SOUTHERLY DIRECTION TO
A POINT WHERE IT INTERSECTS THE FILL AREA OF THE PADRE ISLAND
CAUSEWAY;
THENCE CONTINUING ALONG THE NORTH LINE OF THE FILL AREA TO THE
HUMBLE CHANNEL;
THENCE SOUTHWARDLY ALONG THE WEST BANK OF THE HUMBLE CHANNEL TO
THE SOUTH LINE OF THE FILL AREA;
THENCE IN A WESTERLY DIRECTION ALONG THE SOUTH LINE OF THE FILL
AREA TO THE WEST SHORELINE OF LAGUNA MADRE;
THENCE IN A SOUTHERLY DIRECTION WITH THE WEST SHORELINE OF LAGUNA
I4ADRE TO THE SOUTH BOUNDARY LINE OF SECTION 52 OF THE FLOUR BLUFF
AND ENCINAL FARM AND GARDEN TRACTS;
THENCE IN A WESTERLY DIRECTION WITH THE SOUTH BOUNDARY LINE OF
SECTIONS 52, 51 AND 38 TO ITS INTERSECTION WITH THE EAST SHORELINE
OF CAYD DEL OSO;
THENCE IN A NORTHERLY DIRECTION WITH THE MEANDERS OF THE EAST SHORE-
LINE OF CAYO DEL OSO TO ITS INTERSECTION WITH A LFNE WHICH WOULD-BE
THE NORTHEAST BOUNDARY LINE OF SARATOGA ROAD IF SAID NORTHEAST BOUNDARY
LINE WERE EXTENDED SOUTHEASTERLY; _.
THENCE IN A NORTHWESTERLY DIRECTION ALONG A LINE WHICH WOULD BE THE
NORTHEAST BOUNDARY'LINE OF SARATOGA ROAD IF SUCH NORTHEAST BOUNDARY
LINE WERE EXTENDED, SOUTHEASTERLY CROSSING CAYD DEL 06'0 'AND CONTINUING
IN A NORTHWESTERLY DIRECTION ALONG THE NORTHEAST BOUNDARY LINE OF
SARATOGA'ROAD, CONTINUING UPON A STRAIGHT LINE ACROSS ALL 'ROAD' INTi*R�
SECTIONS, TO THE INTERSE CTION OF THE NORTHEAST BOUNDARY LINE OF SARAT6®A
ROAD WITH THE NORTHWEST BOUNDARY LINE OF SOUTH STAPLES STREET (SOMETIMES
KNOWN AS DUMP ROAD),
THENCE IN A NORTHEASTERLY DIRECTION ALONG THE NORTHWEST BOUNDARY LINE
OF SOUTH STAPLES STREET TO THE SOUTH BOUNDARY LINE OF LEXINGTON BOULEVARD,
AND THENCE, CONTINUING UPON A STRAIGHT LINE AS THOUGH THE NORTHWEST BOUNDARY'
LINE OF SOUTH STAPLES STREET CONTINUED IN A STRAIGHT NORTHEASTERLY DIRECTIONP
TO A POINT WHERE SUCH LATTER LINE WOULD INTERSECT THE NORTHEAST BOUNDARY
LINE OF McARDLEROAD; _.
THENCE IN A SOUTHEASTERLY DIRECTION ALONG NORTHEAST BOUNDARY LINE OF
MCARDLE ROAD TO THE NORTHWEST BOUNDARY LINE OF WOODLAWN DRIVE;
THENCE IN A NORTHEASTERLY DIRECTION ALOkQ THE NORTHWEST'BOUNDARY LINE OF
WODOLAWN DRIVE TO THE'S'DUTHWEBT 6OUNDAwY'LINE of LOT 13, SECTION .17, FLOUR
BLUFF AND ENCINAL FARM AND GARDEN TRACTS;
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THENCE IN A NORTHWESTERLY DIRECTION ALONG THE SOUTHWEST BOUNDARY LINE
OF LOT 13, SECTION 17, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS
ALSO BEING THE NORTHEAST BOUNDARY OF OSO PLA6E.NO.'5 ADDITION) TO A
POINT WHERE SAID BOUNDARY LINE INTERSECTS WITH A SOUTH CORNER OF THE
CORPUS CHRISTI MUNICIPAL GOLF COURSE PROPERTY;
THENCE IN AN EASTERLY AND NORTHEASTERLY DIRECTION ALONG THE SOUTHWESTERLY
AND SOUTHERLY BOUNDARY LINE OF SAID CORPUS CHRISTI MUNICIPAL GOLF COURSE
PROPERTY TO ITS INTERSECTION WITH THE SOUTHERN BOUNDARY LINE OF DEL OSO
ROAD, THENCE CONTINUING AS THOUGH SAID BOUNDARY LINE OF SAID GOLF COURSE
CONTINUED IN A STRAIGHT LINE ACROSS SAID ROAD TO THE NORTHERN BOUNDARY
LINE OF DEL OSO ROAD]
THENCE IN A NORTHEASTERLY DIRECTION ALONG THE NORTHERLY BOUNDARY OF DEL
OSO ROAD TO ITS INTERSECTION WITH A LINE WHICH WOULD BE THE NORTHWEST
BOUNDARY LINE OF ENN.1,S JOSLIN ROAD IF SUCH LATTER BOUNDARY LINE WERE EX-
TENDED NORTHEASTERLY.
THENCE UPON A COURSE AND ALONG A STRAIGHT LINE IN A NORTHEASTERLY DIRECTION,
SUCH COURSE AND LINE BEING A LINE WHICH WOULD BE THE NORTH OR NORTHWEST
BOUNDARY LINE OF ENNIS JOSLIN ROAD IF SUCH LATTER BOUNDARY LINE WERE EXTENDED
IN A NORTHEASTERLY DIRECTION RUNNING WITHIN SOUTH ALAMEDA STREET, CROSSING
OCEAN DRIVE AND CONTINUING IN A STRA4GHT LINE TO A POINT WHERE SUCH LINE
WOULD INTERSECT WITH THE SOUTH SHORELINE OF CORPUS CHRISTI BAY;
THENCE IN AN EASTERLY DIRECTION WITH THE MEANDERS OF THE SOUTH SHORELINE OF
CORPUS CHRISTI BAY TO ITS INTERSECTION WITH A LINE THAT IS 10 FEET WEST OF
AND PARALLEL TO THE WEST ABUTMENT OF A BRIDGE CONSTRUCTED BY NUECES COUNTY
IN 1962, BEING THE BRIDGE ACROSS THE MAIN BRANCH OF OSO CREEK BETWEEN CAYO
DEL OSO AND CORPUS CHRISTI BAY;
THENCE IN A SOUTHERLY DIRECTION WITH A LINE THAT IS PARALLEL TO AND 10 FEET
WEST OF THE WEST ABUTMENT OF SAID BRIDGE TO 'A POINT 100 FEET SOUTH OF THE
CENTERLINE OF SAID BRIDGE;
THENCE IN AN EASTERLY DIRECTION PARALLEL TO AND 100 FEET SOUTH OF SAID CENTER-
LINE TO A POINT ON THE EAST SHORELINE OF CAYO DEL OSO.
THENCE IN A SOUTHERLY AND SOUTHEASTERLY DIRECTION WITH THE MEANDERS OF THE
EAST SHORELINE OF CAYO DEL OSO TO A POINT ON THE WEST BOUNDARY OF LOT 13,
SECTION 42, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SAID POINT ALSO
BEING THE SHORELINE CORNER OF THE U. S. NAVAL AIR STATION PROPERTY;
THENCE IN A NORTHERLY DIRECTION WITH THE WEST BOUNDARY OF SAID LOT 131
SECTION $2, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS TO THE N.O,RTH-
.WEST CORNER THEREOF;
THENCE IN AN EASTERLY DIRECTION WITH THE NORTH BOUNDARY LINE OF LOTS 13,
14 AND 15, SECTION 42 AND LOT 17, SECTION 47, FLOUR BLUFF AND ENCINAL FARM
AND GARDEN TRACTS, BEING ALSO A BOUNDARY OF THE U. S. NAVAL AIR STATION
PROPERTY, TO THE NORTHEAST CORNER OF SAID LOT 171 SECTION 47;
THENCE IN A NORTHERLY DIRECTION WITH THE WEST BOUNDARY LINE OF LOT 15,
SECTION 47, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, BEING ALSO A
BOUNDARY OF THE U. S. NAVAL AIR STATION, TO THE NORTHWEST CORNER OF SAID
LOT 15;
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THENCE IN AN EASTERLY DIRECTION WITH THE. NORTH, ! BOUNDARY LINE OF LOTS
15, 94Q 13 AND 929 SECTION 47p FLOUR BLUrF..AMV EMCINAL FARM AND GARDEN
TRACTSg BEING ALSO A BOUNDARY OF THE U. SD NAVAL AIR SrTATION9 TO A
POINT, SAID POINT BEING A COMMON CORNER OF LOTS 120 118 AND 6, SECTION
47g FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS;
THENCE IN A NORTHERLY DIRECTION WITH THE WESTERN BOUNDARY OF SAID LOT 6,
SECTION 47, FLOUR BLUFF AND ENCINAL FARM'AMD,GARDENS TRACTS, BEING ALSO
A BOUNDARY OF THE U. So NAVAL AIR STATION, TO THE NORTHWEST CORNER OF
SAID LOT 6g
THENCE IN AN EASTERLY DIRECTION WITH THE NORTH BOUNDARY LINE OF LOTS 6g
7-AND 8, SECTION k7, AND LOTS 9 AND 2, SECTION 56, FLOUR BLUFF AND ENcINAL
FARM AND GARDEN TRACTS, BEING ALSO A BOUNDARY OF THE U. So NAVAL AIR
STATIONS TO A POINT, SAID POINT BEING A COMMON CORNER OF LOTS 2 AND 3a
SECTION 56g AND LOT 18, SECTION 57g FLOUR BLUFF AND ENCINAL FARM AND
GARDEN TRACTSg
THENCE IN A NORTHERLY DIRECTION WITH THE WEST BOUNDARY LINE OF LOT 989
SEcrIoN 57, FLOUR BLUFF AND ENcINAL FARM AND GARDEN TRACTSg BEING ALSO
A BOUNDARY LINE OF THE U. S.,NAVAL AIR STATION, TO THE NORTHWEST CORNER
LOT 18 ;- ... __ __
THENCE IN AN EASTERLY DIRECTION WITH THE NORTH BOUNDARY LINE OF LOTS '18,
97, 16 AND 15, SECTION 57, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS
TO THE PLACE OF BEGINNING ON THE WEST SHORELINE OF LAGUNA MADRE.
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SECTION 3. THIS FRANCHISE SHALL REMAIN IN FORCE FOR A
PERIOD OF TWENTY -SEVEN (27) YEARS FROM THE DATE OF ITS ACCEPTANCE BY
GRANTEE, WHICH ACCEPTANCE SHALL BE MADE ASHEREINAFTER PROVIDED.
SECTION 4. SUBJECT TO THE PERFORMANCE BY IT OF ALL OBLI-
GATIONS 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 COEXTENSIVE WITH THE LIMITS OF THE FRANCHISE AREA, BUT
SHALL RESTORE THE STREETS UPON WHICH THE PIPES ARE EXTENDED, REPLACED,
REPAIRED OR CONSTRUCTED, 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 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 THOROUGHFARES 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 EXCA-
VATIONS AS MAY BE 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
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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 OC-
CASIONED BY THE ACTS OF GRANTEE, ITS SERVANTS, AGENTS, CONTRACTORS
AND EMPLOYEES IN EXERCISING THE RIGHTS HEREIN GRANTED. WHEREVER
FEASIBLE, ALL PAVED STREET CROSSINGS SHALL BE BORED OR PUNCHED 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 5. 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 E). ALL DIRT) RUBBISH) AND MATERIAL LEFT AFTER THE
STREETS, HIGHWAYS) ALLEYS OR OTHER PUBLIC PROPERTY HAVE BEEN RESTORED
OR REPAIRED BY GRANTEE SHALL BE REMOVED BY IT AT ONCE. IF, AFTER
SUCH RESTORATION OR REPAIRING) THE PLACES EXCAVATED AND REFILLED
BECOME DEPRESSED OR SINK BECAUSE OF WORK DONE BY GRANTEE SO AS NOT
TO BE IN AS GOOD CONDITION AS BEFORE THE EXCAVATIONS WERE MADE) THEN)
AND IN SUCH EVENT, GRANTEE SHALL AGAIN, AND FROM TIME TO TIME, AS
NECESSARY, RESTORE SAID STREETS, HIGHWAYS OR ALLEYS SO THAT SAME
SHALL BE IN AS GOOD CONDITION AS BEFORE THE EXCAVATIONS WERE MADE,
AND UPON GRANTEE'S FAILURE SO TO DO, THE CITY S9ALL HAVE THE RIGHT
TO MAKE SUCH RESTORATIONS, FOR THE REASONABLE COST OF WHICH GRANTEE
SHALL BE LIABLE TO THE CITY.
SECTION 7. IN THE CONSTRUCTION, MAINTENANCE AND REPAIR
OF ITS LINES, GRANTEE, WITHOUT EXPRESS CONSENT OF THE DIRECTOR OF
PUBLIC WORKS, SHALL NOT PERMIT THE EXISTENCE AT ANY ONE TIME OF ANY
UNFILLED EXCAVATION OR DITCH IN EXCESS OF A TOTAL DISTANCE OF FIVE
HUNDRED (500) FEET ON ANY PUBLIC STREET) ALLEY, THOROUGHFARE OR
OTHER PUBLIC PLACE. ANY WORK BEING DONE, WHETHER EXTENSIONS OR
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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.
SECTION S. GRANTEE HAS HERETOFORE FILED WITH THE CITY ITS
BOND AND OBLIGATION, IN THE SUM OF TWENTY -FIVE THOUSAND DOLLARS
($25,000.00), CONDITIONED THAT NO EXCAVATION SHALL BE MADE UN,
NECESSARILY, AND THAT ANY AND ALL EXCAVATIONS MADE OR OBSTRUCTING
PLACED IN ANY STREET, ALLEY OR PUBLIC GROUNDS OF THE CITY, UNDER THIS
FRANCHISE SHALL AT ALL TIMES BE PROPERLY GUARDED BY GRANTEE AND ANY
AND ALL PAVEMENTS, SIDEWALKS, AND INTERSECTIONS THAT MAY BE OPENED OR
TORN UP BY GRANTEE SHALL BE REPLACED SPEEDILY, PROPERLY AND SAFELY,
WITH ALL REASONABLE DISPATCH AND IN FIRST CLASS MANNER, AND SUCH BOND
AND OBLIGATION, OR A REPLACEMENT THEREOF, SHALL BE CONTINUED IN FORCE
AND EFFECT DURING THE LIFE OF THIS FRANCHISE TO COVER THE OBLIGATIONS
IMPOSED UPON GRANTEE HEREUNDER.
SECTION 9. GRANTEE SHALL NOT IMPAIR IN ANY MANNER THE
NATURAL OR ARTIFICIAL DRAINAGE OF THE CITY OR ITS UNDERGROUND FIXTURES,
AND IN CROSSING ANY STREAM, CANAL OR WATERWAY WITH ITS LINES IT SHALL
DO SO IN SUCH MANNER AS NOT TO IMPAIR NAVIGATION OR THE NATURAL DRAINAGE
OF THE STREAM, AND TO THE SATISFACTION OF THE COUNCIL.
SECTION 10. 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 DIREC-
TION OF THE DIRECTOR OF PUBLIC WORKS AND DIRECTOR OF PUBLIC UTILITIES.
SECTION 11. IF, IN LAYING ITS PIPES, GRANTEE COMES IN
CONFLICT WITH THE RIGHTS OF ANY OTHER PERSON OR CORPORATION HAVING
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A FRANCHISE FROM THE CITY THE COUNCIL SHALL REASONABLY DECIDE ALL
QUESTIONS CONCERNING ANY CONFLICTING RIGHTS OF THE RESPECTIVE PARTIES
AND SHALL DETERMINE THE LOCATION OF THE STRUCTURES OF SAID PARTIES
AND WHAT CHANGES' IF ANYI SHOULD BE MADE AND AT WHOSE COSTS AND
SHALL RECONCILE THE DIFFERENCES OF THE PARTIES IN SUCH MATTER.
SECTION 12. IF, IN CONSTRUCTING ITS SEWERS STREETS, OR
OTHER PUBLIC WORKS OF THE CITYj 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 13. 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 HEALTHY SAFETY OR CONVENIENCES OF THE
PUBLIC' GRANTEE, ON REQUEST OF THE DIRECTOR OF PUBLIC WORKS' WILL
RESTORE SAME TO GOOD CONDITION; AND UPON GRANTEE'S FAILURE IMMEDIATELY
SO TO DOM 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 14. EACH AND EVERY CONSTRUCTION AND RECONSTRUCTION
OF GRANTEE'S GAS FEEDER PIPE LINES TO EFFECT DELIVERY OF GAS TO OTHER
THAN INDUSTRIAL CONSUMERS AND TO EFFECT DISTRIBUTION OF GAS WITHIN
RESIDENTIAL AREAS BEING SUCH PIPELINES THAT ARE LOCATED IN ANY OF
THE CITY STREETS, PRIVATE OR PUBLIC RIGHTS OF WAY AND UTILITY EASE-
MENTS, SHALL BE PLANNEDy CONSTRUCTED AND COMPLETED IN ACCORDANCE
WITH THE FOLLOWING BASIC CONTROL STANDARDS:
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(1) IN DEVELOPING PLANS FOR SUCH GAS MAINS THE
BASIC CRITERIA SHALL BED (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, (e) THE LENGTH OF PIPE TO BE
USED IN CALCULATIONS SHALL BE THE LENGTH BETWEEN POINT OF SUPPLY
AND END POINT IN THE SYSTEMS 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.
(E) THE SPECIFICATIONS OF MATERIAL USED IN
CONSTRUCTION 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 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- RICHAROS COMPANY
MINIMUM SPECIFICATION RR -1 OR OF PIPE, LINE SERVICE
COMPANY'S BITUMASTIC SPECIFICATION '.A'.
(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.
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(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) AND/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 PIPELINES BEING OPERATED BY GRANTEE AND INDICATING
THEREON WHETHER OR NOT THE SAME ARE WITHIN THE DESIGN CRITERIA SET
FORTH IN (1) ABOVE. THEREAFTER, AS TO EACH CONSTRUCTION AND RECONSTRUC-
TION 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 REFLECT 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.
-7-
SECTION 15. 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 1E. THE RIGHTS HEREIN GRANTED SHALL NOT BE EXCLU-
SIVE AND THE CITY RESERVES THE POWER TO GRANT LIKE RIGHTS FOR SIMILAR
USES, SUBSEQUENT GRANTS, AND FURTHER RESERVES THE RIGHT TO EXTEND ITS
OWN LINES AND DISTRIBUTE GAS IN THE TERRITORY COVERED BY THIS FRAN-
CHISE.
SECTION 17. 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
CF 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 18. IN GRANTING THIS FRANCHISE THE CITY RESERVES
ITS RIGHTS TO REGULATE ALL PUBLIC UTILITES, 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 19. 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 20. 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
-8-
MAY BE IMPOSED AND BECOME DUE AND PAYABLE TO THE CITY UPON THIS FRAN-
CHISE, AND/OR ANY OTHER PROPERTY OF GRANTEE, SITUATED WITHIN THE
CORPORATE LIMITS THE CITY SHALL HAVE A VALID AND ENFORCEABLE LIEN
UPON ALL OF GRANTEES PROPERTY AS WELL AS THE FRANCHISES AND RIGHTS
HEREIN GRANTED.
SECTION 21, 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 CONTAINEDp AND EACH OF THEME SHALL BE
BINDING UPON THE SUCCESSORS AND ASSIGNS OF GRANTEE. NO ASSIGNMENT
OF THIS FRANCHISES HOWEVER SHALL BE BINDING UPON THE CITY WITHOUT
ITS CONSENT AND APPROVAL THEREOF HAVING BEEN OBTAINED BY ACTION OF THE
CITY COUNCIL.
SECTION 22. AT ANY TIME WITHIN THE LAST TWO YEARS OF THE
TERM HEREOF AS PROVIDED IN THIS SECTION, THE CITY SHALL HAVE THE RIGHT
TO PURCHASE THE PROPERTY OF GRANTEE WHICH IS SITUATED WITHIN' THE
FRANCHISE AREA AND UTILIZED IN CONNECTION WITH ITS OPERATIONS UNDER
THIS FRANCHISE. THE PRICE TO BE PAID FOR SUCH PROPERTY SHALL BE A
PRICE EQUIVALENT TO THE FAIR VALUE OF THE PROPERTY AT THE TIME OF THE
GIVING OF THE NOTICE TO GRANTEE AS HEREINAFTER PROVIDED. THE FAIR
VALUE OF SUCH PROPERTY SHALL TAKE INTO ACCOUNT ONLY THE TANGIBLE
PHYSICAL PROPERTY AND NO VALUE SHOULD BE GIVEN TO THE FRANCHISE OR
TO "GOOD WILL" OR TO "GOING CONCERN" OR TO OTHER INTANGIBLES.
THE RIGHT OF THE CITY TO PURCHASE SUCH PROPERTY OF GRANTEE
SHALL IF EXERCISED BE DONE IN THE FOLLOWING MANNER:
-9-
1. AT ANY TIME WITHIN THE FIRST YEAR OF THE LAST TWO
YEAR PERIOD OF THE FRANCHISE TERM, 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.
Z. WITHIN SIXTY (60) DAYS FROM THE DATE OF THE AFORE-
SAID NOTICE, GRANTEE SHALL SUBMIT TO THE CITY A COMPLETE DETAILED INVEN-
TORY OF THE PROPERTY OF GRANTEE WHICH IS SITUATED WITHIN THE FRANCHISE
AREA AND UTILIZED IN CONNECTION WITH ITS OPERATIONS UNDER THIS FRANCHISE,
AND DETAILED MAPS SHOWING THE LOCATION OF SUCH PROPERTY, AND GRANTEE'S
ESTIMATE OF THE FAIR VALUE OF SUCH PROPERTY WHICH WOULD BE AN ACCEPTABLE
PRICE FOR SUCH PROPERTY.
3. THE COUNCIL AND GRANTEE SHALL HAVE A PERIOD OF SIXTY
(60) DAYS AFTER THE RECEIPT BY THE CITY OF GRANTEE'S INVENTORY IN WHICH
TO AGREE UPON THE FAIR VALUE OF GRANTEES PROPERTY; SHOULD THE COUNCIL
AND GRANTEE BE UNABLE TO AGREE WITHIN SUCH PERIODp THE FAIR VALUE SHALL
BE DETERMINED BY A BOARD OF ARBITRATION CONSISTING OF THREE MEMBERS
TO BE APPOINTED AS FOLLOWS: ONE MEMBER TO BE APPOINTED BY GRANTEE
WITHIN THE PERIOD OF FIFTEEN (15) DAYS FOLLOWING THE EXPIRATION OF THE AFORE-
SAID SIXTY -DAY PERIODS ONE MEMBER TO BE APPOINTED BY THE COUNCIL
WITHIN THE PERIOD OF FIFTEEN (15) DAYS FOLLOWING THE EXPIRATION OF THE AFORE-
SAID SIXTY -DAY PERIODp AND THESE TWO $0 APPOINTED SHALL) WITHIN FIFTEEN DAYS
(15) THEREAFTER. APPOINT THE THIRD ARBITRATOR. WHO SHALL BE A TEXAS
REGISTERED PROFESSIONAL ENGINEER. IF THE GRANTEE SHALL EITHER FAIL TO
FURNISH TO THE CITY THE AFORESAID INVENTORY AND MAPS WITHIN THE SPECIFIED
PERIOD OR'FAIL TO APPOINT ITS ARBITRATOR WITHIN THE SPECIFIED FIFTEEN -DAY
PERIOD, THEN THE COUNCIL MAY APPOINT THE ARBITRATOR FOR GRANTEE. IF THE
TWO ARBITRATORS SHALL FAIL TO AGREE UPON AND APPOINT THE THIRD ARBITRATOR
WITHIN THE SPECIFIED FIFTEEN DAY PERIOD} THEN UPON WRITTEN APPLICATION
BY THE COUNCIL THE THIRD ARBITRATOR MAY BE APPOINTED BY ANY QUALIFIED
_10-
AND ACTING JUDGE OF THE DISTRICT COURT OF THE UNITED STATES ASSIGNED TO
THE CORPUS CHRISTI DIVIBIDN, SOUTHERN DISTRICT OF TEXAS, TO WHOM THE
COUNCIL MAY APPLY FOR SUCH APPOINTMENT] AND IF ANY SUCH DISTRICT COURT
JUDGE OF THE UNITED STATES SHOULD FAIL TO SO APPOINT THE THIRD ARBITRA-
TOR WITHIN FIFTEEN (15) DAYS AFTER SUCH APPLICATION IS FILED, THEN UPON
WRITTEN APPLICATION BY THE COUNCIL THE THIRD ARBITRATOR MAY BE APPOINTED
BY ANY QUALIFIED AND ACTING JUDGE OF ANY DISTRICT COURT OF NUECES COUNTY,
TEXAS, TO WHOM THE COUNCIL MAY APPLY FOR SUCH APPOINTMENT; PROVIDING SUCH
APPLICATION BE MADE IN THE ORDER OF THEIR CREATION AS THE DISTRICT COURTS
OF NUECES COUNTY. THE DECISION OF THE BOARD OF ARBITRATORS, OR A MAJOR-
ITY THEREOF, SHALL BE MADE WITHIN FORTY -FIVE (45) DAYS AFTER THE APPOINT-
MENT OF THE THIRD ARBITRATOR; IN THE EVENT THE BOARD OR A MAJORITY THERE -
OF2,FAILS TO MAKE A DECISION WITHIN SUCH PERIOD, NEW ARBITRATORS SHALL
BE CHOSEN IN A LIKE MANNER AS IF NONE HAD BEEN PREVIOUSLY SELECTED.
THE COST OF THE ARBITRATOR APPOINTED BY THE CITY SHALL BE PAID BY THE
CITY AND THE COST OF THE ARBITRATOR APPOINTED BY GRANTEE SHALL BE PAID
BY GRANTEE, AND THE COST OF THE THIRD ARBITRATOR SHALL BE PAID ONE -HALF
BY THE CITY AND ONE -HALF BY THE GRANTEE.
4. UPON THE DETERMINATION OF THE FAIR VALUE EITHER BY AGREE-
MENT OR BY SAID BOARD OF ARBITRATORS, THE CITY SHALL BE ALLOWED A
PERIOD OF SIXTY (60) DAYS FOR DETERMINATION OF WHETHER OR NOT THE CITY
COUNCIL SHALT. SUBMIT TO THE PROPER AND QUALIFIED VOTERS OF THE CITY THE
PROPOSITION OF WHETHER OR NOT THE CITY SHOULD ACQUIRE THE PROPERTY SO
SUBJECT TO PURCHASE BY THE CITY, AND ISSUE BONDS IN SUFFICIENT AMOUNT
TO PAY THEREFOR, AND IN THE EVENT THE COUNCIL SHALL DETERMINE TO SUB-
MIT SUCH PROPOSITION TO THE QUALIFIED VOTERS OF THE CITY, SUCH ELECTION
SHALL BE HELD WITHIN SIXTY (60) DAYS FROM THE DATE OF SUCH DETERMINATION.
5. IN THE EVENT THAT SUCH PROPOSITION SHALL CARRY AND THE
ISSUANCE OF BONDS BE AUTHORIZED, THEN THE CITY SHALL HAVE NINETY (90)
5m
DAYS WITHIN WHICH TO SELL SUCH BONDS AND TO HAVE AVAILABLE THE PROCEEDS
THEREOF FOR THE PURCHASE OF SAID PROPERTY AND BE ABLE TO COMPLETE THE
PURCHASE OF SAID PROPERTY.
6. THE TIME FOR ACTION BY EITHER PARTY IN ANY INSTANCE SHALL
BE EXTENDED FOR SUCH PERIOD AS SUCH PARTY 44AY BE RESTRAINED BY JUDICIAL
DECREE.
r
SECTION 23. EACH OF THE PROVISIONS HEREOF IS ACCEPTED BY
GRANTEE AS A, CONDITION OF THE GRANTS AND UPON THE FAILURE OF GRANTEE
AT ANY TIME TO COMPLY WITH THE TERMS HEREOF, THE COUNCILS UPON COMPLI-
ANCE WITH THE FOLLOWING PROCEDURE, MAYS BY ORDINANCES FORFEIT THIS
FRANCHISE. THE COUNCIL, MAY FORFEIT THIS FRANCHISE ONLY AFTER NOTICE
AND HEARING AND DETERMINATION AS A FACT THAT GRANTEE HAS FAILED TO COM-
PLY WITH A CONDITION OF THIS FRANCHISE. SUCH NOTICE SHALL STATE WHEREIN
GRANTEE HAS FAILED, TO COMPLY WITH THE TERMS OF THIS FRANCHISE, OR WITH
THE REQUIREMENTS OF THE CHARTER OF THE CITY AND THE ORDINANCES AND
REGULATIONS ADOPTED THEREUNDER AND THE PLACE AND DATE OF THE HEARING
BY THE COUNCILS 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 FRAN-
CHISE. 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 GRANTEES 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 NULLIFIEDX
AND (B) TO FILE AN ACTION IN THE APPROPRIATE COURT HAVING JURISDICTION
FOR THE PURPOSE OF HAVING SUCH FAILURE JUDICIALLY DETERMINED. UPON
_72_
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 24. THE GRANTEE HEREIN SHALL HAVE THE RIGHT TO
APPEAL TO THE CITY COUNCIL ANY ACT OR OMISSIONS DECISION OR ORDER
OF ANY REPRESENTATIVE OF THE CITY WHICH MAY AFFECT ITS RIGHTS, DUTIES
OR OBLIGATIONS HEREUNDER. NOTICE OF SUCH APPEAL SHALL BE IN WRITING
AND DELIVERED TO THE CITY SECRETARY WITHIN FIFTEEN (15) DAYS AFTER
SUCH ACTS DECISION OR ORDER.
SECTION 25. IT IS THE INTENTION OF THE GRANTOR THAT THIS
FRANCHISE GRANTS TO THE GRANTEE ONLY THE RIGHT TO TRANSMIT GAS THROUGH
TRANSMISSION LINES LOCATED WITHIN THE AREA DESCRIBED IN THIS ORDINANCE
DURING THE TERM HEREIN SET FORTH AND THEN ONLY SUBJECT TO THE PROVISIONS
AND CONDITIONS HEREIN.
SECTION 26. THIS FRANCHISE SHALL BECOME EFFECTIVE AFTER
PUBLICATION AND COMPLIANCE WITH THE PROVISIONS OF THE CITY CHARTER AND
ACCEPTANCE BY GRANTEE WITHIN TEN (10) DAYS FROM EFFECTIVE DATE.
-13-
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r
THAT THE FOREGOING ORDINANCE WAS AD FL
PAS D 0 ITS SECOND READING ON THIS THE Al D
lg_L d, BY THE FOLLOWING VOTE:
BEN F. MCDONALD
TOM R. SWANTNER
DR. JAMES L. BARNARD
JOSE R. DELEON
M. P. MALDONADO
W. J. ROBERTS
JAMES H. YOUNG
THAT THE FOREGOING ORDINANCE WAS D FO
PASSED T ITS THIRD READING ON THIS THE DAY
,9 BY THE FOLLOWING VOTE%
BEN F. MCDONALD
Tom R. SWANTNER
DR. JAMES L. BARNARD
JosE R. DELEON G{�
M. P. MALDONADO
W. J. ROBERTS
JAMES H. YOUNG
THAT THE FORE ING ORDINA E W RE FOR 341V THIRD TIME AND PASSED
FINALLY ON THIS THE DAY OF 19 BY THE FOLLOWING
VOTE°.
BEN F. MCD NALD dbz��
Tom R. SWANTNER
DR. JAMES L. BARNARD
JOSE R. DELEON
M. P. MALDONADO
W. J. ROBERTS
JAMES H. YOUNG
PASSED AND APPROVED' THIS THE AY
ATTE�
ITY SECRETARY
APPROVED AS T LEGAL FORM T. /I
of 79.
DAY OF
MAYOR PIp -TB01
Y THE CITY OF CORPUS CHRISTI, TEXAS.
T RN�M
0
Vall.:ac 6 -28 -65
AN ORDI NANCE 7C
r:
APPROVED
gy CoUNO16 --
AN ORDINANCE GRANTING AUTriORITy TO SOUTHERN
OCROrUNITY GAS
INDUSTRIAL GAS COnPpAN1rTCLLSRIG TSB NTIECES
G45 sEYS GRANTED ORDI NANCE C SouTx_RN CO PRIVILEGES
PASSED AND APPROVED BY THE
THE FINALLY
THE CITY OF CORPUS CHRISTI ON Y COUNCIL OF
PRESCRIBING CONDITIONS; AND DECLARING�AN9EMER-
GENCY.
BE IT ORDAINED BY Tt,,, CITy COUNCIL OF THE CI Ty OF
CORPUS CHRISTI, TEXAS: .
Sect. The city Council of the City of Corpus
Christi hereby authorizes Southern Community Gas Company to
assign to Nueces Industrial Gas Company all rights, privileges
and franchise granted to
Southern Community Gas Company by Ordi-
nance No. 6856 finally passed by the City of Corpus Christi on
April 3, 1963, and hereby consents to and approves such Assign-
ment; provided, however, that such consent 15 given upon the
condition that said
Nueces Industrial Gas Company assumes all
If the terms, conditions, provisions, requirements and agree-
ments in the aforesaid Ordinance No. 6856 devolved
Community G upon Southern
s as Company, and that Coastal State
Company, the owner of all the said Gas Producing
of the Outstanding
O shares of stock
Nueces Industrial Gas Company, shall guarantee the
performance of all obligations under such franchise so to be
assumed by Nueces Industrial Gas Company.
Section 2.
Within thirty (30) days from June 30, 1965,
Southern Community Gas Company shall file a copy of said assign -
ment,to Nueces Industrial Gas Company with the City Secretary
Of the City of Corpus Christi,
Section . Section 21 of the aforesaid Ordinance No,
6856 provides that no assignment of the franchise shall be bind -
upon upon the City without its consent and a 4
pproval thereof having
been obtained b
Y action of the
Southern Community Gas City Council• The grantee
Company has therein,
exercising the ri agreed to sell
ghts under said the gas system,
Gas co franchise, to Nueces Industrial
'�PanY on July 11 1965
and desires to assign allri
and privileges under said Ordinance to ghts
For such reasons 1Vaeces Industrial
there exists a Gas Company,
Ordinance to be Public emergency re
Passed finall quiring this
and the Mayor •on the date of its
yor having in writs introduction,
emergencY and requested n9 declared the existence of such
all such passage, this
Y passed on the date Ordinance shall
1965 of its introduction be fin-
, and shall take effect • this ,,th day °� ,,7uly,
by the Mayor. its passage 9 and approval
PASSED THIS
DAY OF U
JULY, 1965.
ATTEST; APPROVED THIS
DAY OF JL7-Y, 19 65.
I SE EAR
OF
O
RPUS IS I
.APPROVED AS TO LEGAL FORM
THIS 1 DAY OF JULY, 29
' 65:
CI A TORNEY
2 -