HomeMy WebLinkAbout06857 ORD - 04/03/1963IMS :JKH :1 -2 -63 .
AN ORDINANCE
AN ORDINANCE GRANTING TO SOUTHERN COMMUNITY GAS COMPANY
THE RIGHT, PRIVILEGE AND FRANCHISE TO CONSTRUCT AND OPERATE
GAS PINS AND MAINS FOR THE SOLE PURPOSE OF SERVING INDUSTRIAL
CUSTOMERS AS HEREIN DEFINED, ALONG THE STREETS, AVENUES, ALLEYS
AND PUBLIC PLACES OF THE CITY OF CORPUS CHRISTI, WITHIN THAT
AREA OF THE CITY GENERALLY DESCRIBED AS BEING THE NORTHWEST
AREA AS SET FORTH HEREIN; PRESCRIBING THE TERMS, CONDITIONS,
OBLIGATIONS AND LIMITATIONS UPON AND UNDER WHICH SUCH RIGHT,
PRIVILEGE AND FRANCHISE SHALL BE EXERCISED; AND PROVIDING
FOR PUBLICATION AND ACCEPTANCE OF THIS ORDINANCE AS PROVIDED
BY THE 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 SUCCESSOR$ 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, A PLANT AND PIPEAOE SYSTEM, INCLUDING ALL LINES, CONNECTIONS AND
OTHER EQUIPMENT NECESSARY AND INCIDENT THERETO, FOR THE DISTRIBUTION AND
SALE OF NATURAL GAS TO INDUSTRIAL CUSTOMERS LOCATED IN THE PORTION OR PORTIONS
OF THE CITY OF CORPUS CHRISTI AS DESIGNATED AND DESCRIBED IN SECTION 2 HEREOF
AND FOR THE TRANSPORTATION AND SALE BY GRANTEE OF NATURAL GAS TO INDUSTRIAL
CUSTOMERS ONLY 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 EASEMENTS,
BRIDGES, STREAMS, ALLEYS, PARKS, LANES AND SQUARES OF SAID CITY LOCATED IN
THE TERRITORY DESIGNATED AND DESCRIBED IN SECTION 2 HEREOF.
SECTION 2. THE TERRITORY COVERED BY THIS FRANCHISE, HEREIN
CALLED "FRANCHISE AREA", IS DESCRIBED AS FOLLOWS, TO -WIT:
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 AND SOUTHEAST BOUNDARY LINE OF THE
PAUL STURM TRACT, TO THE MOST WESTERLY CORNER OF SAID VILLA GARDENS
`ALSO BEING THE MOST SOUTHERLY CORNER OF SAID PAUL STURM TRACT);
THENCE IN A SOUTHEASTERLY DIRECTION ALONG AND WITH THE SOUTHWEST
BOUNDARIES OF VILLA GARDENS AND OF GLEN ROYAL ADDITION TO THE MOST
SOUTHERLY CORNER OF SAID GLEN ROYAL ADDITION, SAME BEING IN THE
WEST BOUNDARY LINE OF OLD ROBSTOWN ROAD;
THENCE IN A SOUTHERLY DIRECTION ALONG AND WITH THE WEST BOUNDARY
LINE OF OLD ROBSTOWN ROAD TO THE CENTER LINE OF AGNES STREET
(AL60 KNOWN AS TEXAS STATE HIGHWAY 44);
THENCE WESTERLY ALONG AND WITH THE CENTER LINE OF AGNES STREET
(ALSO XNOWN 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 STATE
HIGHWAY No. 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 40 -FOOT WIDE WATER LINE EASEMENT CONVEYED TO THE CITY
OF CORPUS CHRISTI BY DEED DATED APRIL 99 1954s 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 4O -FOOT
EASEMENTS FOR THE SAME WATER LINE ACROSS OTHER TRACTS CONTIGUOUS
TO THE ABOVE DESCRIBED EASEMENT AND CROSSING THE EAST LINE OF VIOLET
ROAD (FF.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 MARCH 16, 1954, OF RECORD IN VOL. 634, PAGE 287, DEED RECORDS
OF NUECES COUNTY, TEXAS,AND WHICH SAID POINT IS THE POINT AT WHICH THE
EXISTING 48 -INCH WATER LINE OF THE CITY OF CORPUS CHRISTI ANGLES OFF
IN A NORTHWESTERLY DIRECTION;
THENCE CONTINUING ALONG AND WITH THE SOUTHWEST RIGHT OF WAY LINE OF
EASEMENTS CONVEYED TO THE CITY OF CORPUS CHRISTI, TEXAS, BY INSTRU-
MENT DATED MARCH 18,.1954, OF RECORD IN VOL. 634, PAGE 291, DEED
RECORDS OF NUECES COUNTY, TEXAS; 'AND INSTRUMENT DATED APRIL 7, 1954,
OF RECORD IN VOL. 634, PAGE 29,14, DEED RECORDS OF NUECES COUNTYy
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. 53° W. WITH THE .NORTHEAST .BOUNDARY LINE OF SAID 100 -
ACRE TRACT AND THE SOUTHWEST BOUNDARY LI NE 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. 1691E
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. LOUIS,
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 135.65 ACRE TRACT OF LAND NOW OR
FOMERLY 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 N0. 77s .
THENCE IN 'A WESTERLY DIRECTION CROSSING STATE HIGHWAY N0. 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 N0: 77 AS WIDENED, CROSSING F.M. ROAD 624 AND CONTINUING
ALONG THE WEST RIGHT OF WAY OF U. S. HIGHWAY N0. 77 TO ITS INTER-
SECTION WITH THE WEST RIGHT OF WAY LINEOF 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 RIVER, BEING A POINT ON THE LOW -WATER LINE OF
THE RIGHT SIDE OF THE RIVER GOING DOWNSTREAM;
THENCE DOWNSTREAM WITH THE MEANDERS OF THE LOW -WATER LINE ON THE
RIGHT SIDE OF THE NUECES RIVER GOING DOWNSTREAM TO ITS INTERSECTION
WITH THE WEST RIGHT OF WAY LINE OF STATE HIGHWAY ND. 9 NEAR THE
NUECES RIVER BRIDGE;
THENCE IN A SOUTHERLY DIRECTION WITH INE WEST RIGHT OF WAY LINE OF
STATE HIGHWAY ND. 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;
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THENCE CROSSING STATE HIGHWAY N0. g 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 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 NAME OF H. D.
COUNTESS IF'SAIO 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, RE 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 N( HEAST CORNER OF TRACT 7 OF THE NOAKES PARTITITION,
WHICH TRACT 7 IS DESCRIBED IN THAT CERTAIN DEED RECORDED IN VOL.
806, PAGE 290, DEED RECORDS OF NUECES COUNTY, TEX4 AND WHICH SAID
POINT'IS ALSO THE NORTHWEST CORNER OF TRACT 6 OF SAID PARTITION;
THENCE IN A SOUTHERLY DIRECTION S..4° 441 W. ALONG THE EASTERN BOUND
OARY LINE OF SAID TRACT 7 OF THE NOAKES PARTITION TO A POINT IN THE
NORTH RIGHT OF WAY LINE OF Up RIVER ROAD (SHELL ROAD);
THENCE IN A SOUTHEASTERLY DIRECTION WITH THE NORTH RIGHT OF WAY
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
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HERING OF MARCH 22, ig61;
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 LINE OF THE KATIE, -ALICE AND HELEN DUNN 110.8 ACRE TRACT,
SAID POINT OF INTERSECTION LYING ON THE PRESENT CITY LIMITS LINE;
THENCE IN A NORTHEASTERLY DIRECTION WITH THE SOUTHEAST BOUNDARY LINE
OF THE KATIE, ALICE AND HELEN DUNN 110.8 ACRE TRACT AND THE SOUTH-
EAST BOUNDARY LINE OF THE MARY DUNN MEANY 30 ACRE TRACT AND CON-
TINUING ON SUCH COURSE AND CROSSING UP RIVER ROAD (SHELL.ROAD) ON
THE SAME COURSE TO A POINT IN THE NORTH BOUNDARY LINE OF SAID ROAD;
THENCE IN A io'u'iMEASTERLY 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 HOW OR FORMERLY IN
THE NAME OF CORPUS CHRISTI GOLF AND COUNTRY CLUB;
THENCE IN A NORTHERLY DIRECTION WITH THE EAST BOUNDARY LINE OF SAID
57,71 ACRE TRACT TO THE SOUTHWEST CORNER OF A 5,37 ACRE TRACT NOW OR
FORMERLY IN THE'NAME OF ALVII41HERBERICK;
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 ROAD (SHELL ROAD) TO THE PLACE OF BEGINNING,
IV
SECTION 3. THIS FRANCHISE SHALL REMAIN IN FORCE FOR A
PERIOD OF TWENTY -SEVEN (27) YEARS FROM THE DATE OF ITS ACCEPTANCE BY
PRANTEE, WHICH ACC'E'PTANCE SHALL BE MADE AS HEREINAFTER PROVIDED.
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SECTION . AS PART OF THE CONSIDERATION FOR THE GRANTING
OF THIS FRANCHISE, Gw*v TEE -SHALL l''At -M-THE CTTy _AWNUALLY, DURING THE
PERIOD OF THIS FRANCHISE, TWO (2%) PERCENT UPON ITS ANNUAL GROSS RE-
CEIPTS 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 CALEN-
DAR YEAR, AND SIMULTANEOUSLY GRANTEE SHALL MAKE PAYMENT TO THE CITY
OF THE TWO (2%} PERCENT OF THE GROSS RECEIPTS AS PROVIDED FOR IN THE PRE-
CEDING 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 INE 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, REPLACED, REPAIRED OR CON-
STRUCTED, PUTTING THEM IN AS GOOD CONDITION AS BEFORE. BEFORE DOING
ANY WORK IN THE STREETS, GRANTEE SHALL BE REQUIRED TO FIRST NOTIFY THE
DIRECTOR OF PUBLIC WORKS 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
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PIPES IN, UPOM, ACROSS AND ALONG ANT AND ALL OF THE STREETS, SQUARES,
PARKS, LANES, PUBLIC UTILITY EASEMENTS, ALLEYS AND PUBLIC THCRUUGH-
FARES OF THE CITY, AND OVER AND ACROSS ANY STREAM OR STREAMS, SRODGE OR
BRODGES, 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 UPP
CONSTRUCT, REPAIR, REPLACE, OPERATE AND MAINTAIN ITS PIPES AND LONES
IN, ALONG, OVER AND ACROSS THE SAME, SUCH RIGHTS AND PRIVILEGES BEING
RESTRICTED, HOWEVER, To THE FRANCHISE AREA. ALL EXCAVATIONS MADE ON
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 EXERCISONG THE RIGHTS HEREIN GRANTED,
WHEREVER FEASIBLE, ALL PAVED STREET CROSSONGS SHALL BE BORED OR PUNCHED
BUT NOT CASED, AND ALL POPELINES LAID IN ANT STREET AREA SHALL BE LAID
BETWEEN THE CURB AND SIDEWALK WHENEVER OT IS POSSIBLE TO Be So.
SECTION 7. OPP ON THE OPINION OF THE COUNCIL, THERE 18 AN
UNREASONABLE DELAY BY GRANTEE ON RESTORING STREETS, HIGHWAYS, BRIDGES,
ETC., AFTER EXCAVATIONS, REPAIRS AND EXTENSOONS 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 8. ALL DORT, RUBBISH, AND MATERIAL LEFT AFTER
THE STREETS, HIGHWAYS, ALLEYS OR OTHER PUBLIC PROPERTY HAVE BEEN RESTORED
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OR REPAIRED BY GRANTEE SHALL BE REMOVED BY IT AT ONCE. IF, AFTER
SUCH RESTORATION OR REPAIRONG, THE PLACES EXCAVATED AND REFILLED
BECOME DEPRESSED OR SINK SEMAUSE 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 AGAON, AND FROM TOME TO TIME, AS
NkCESSARY, RESTORE SAID STREETS, HIGHWAYS OR ALLEYS SO THAT SAME
SHALL BE IN AS GOOD CONDITION AS BEFORE THE EXCAVATIONS WERE MADE,
AND UPON GRANTEEIS FAILURE SO TO 00, THE CITY SHALL HAVE THE RIGHT
TO MAKE SUCH RESTORATIONS, FOR THE REASONABLE COST OF WHICH GRANTEE
SHALE. BE LIABLE TO THE CITY,
SECTION 9. IN THE CONSTRUCTION, MAINTENANCE AND REPAIR
OF ITS LINES, GRANTEE, WITHOUT EXPRESS CONSENT OF THE DIRECTOR OF
PUBLIC WORKS, SHALL NOT PERMIT THE EXISTENCE AT ANY ONE TIME OF ANY
UNFILLED EXCAVATION OR DITCH IN EXCESS OF A TOTAL DISTANCE OF FIVE
HUNDRED (500) FEET ON ANY PUBLIC STREET, ALLEY, THOROUGHFARE OR
OTHER PUBLIC PLACE. AMY WORK BEING DONE, WHETHER EXTENSIONS 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.
SECTION 16. 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 OBSTRUCTIONS
PLACED IN ANY STREET, ALLEY OR PUBLIC GROUNDS OF THE CITY, UNDER THIS
FRANCHISE SHALL AT ALL TOMES 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 SPEEDOLY, PROPERLY AND SAFELY,
WITH ALL REASONABLE DISPATCH AND IN FORST CLASS MANNER, AND SUCH BOND
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AND OBLOGATOON, OR A REPLACEMENT THEREOF, SMALL BE CONTINUED IN FORCE
AND EFFECT DURING THE LIFE OF THIS FRANCHISE TO COVER THE OBLIGATIONS
IMPOSED UPON GRANTEE HEREUNDER.
SECTION 11. GRANTEE SHALL. NOT IMPAIR IN ANY MANNER THE
NATURAL OR ARTIFICIAL DRAINAGE OF THE CITY OR ITS UNDERGROUND FOXTURES,
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 SCREAM, AND TO THE SATISFACTION OF THE COUNCIL.
SECTION 12. IN MAKING EXTENSIONS OR REPAIRS TO ITS PIPEAGE
STSSEMP, GRAN10EE SHALE. NOT INTERFERE WITH ANY SEWER, WATER OR HEATING
PIPES OR PUBLIC OR PROVATE DRAINS IN ANY STREET, HIGHWAY, ALLEY, PUBLIC
EASEMENT OR OTHER CITY PROPERTY, NOR SHALL THE SANE 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 13- IF, IN LAYING ITS PIPES, GRANTEE COMES
IN CONFLICT WITH THE RIGHTS OF ANY OTHER PERSON OR CORPORATION
HAYING A FRANCHISE FROM THE CITY, THE COUNCIL SHALL REASONABLIr DECIDE
ALL QUESTIONS CONCERNING ANY CONFLICTING RIGHTS OF THE RESPECTIVE
PARTIES, AND SHALT. 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 14. BF, IN CONSTRUCTING ITS SEWERS, STREETS, OR
OTHER PUBLIC WORKS OF THE CITY, THE CITY SHOULD REQUIRE ANY POPE
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 15. GRANTEE SHALL FURNISH GAS WITH A MINIMUM
1000 B.T.U. PER STANDARD CUBIC FOOT HEATING VALUE WITH NOT MORE
P:
THAN 20 DRAINS 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 16. GRANTEE'S METERS SHALL BE SUBJECT, AT
ALL REASONABLE 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 17. IF ANY PIPE OR OTHER EQUIPMENT OF GRANTEE
SHOULD GET OUT OF ORDER OR IN BAD CONDITION SO AS TO AFFECT OR
THREATEN TO AFFECT THE PUBLIC HEALTH, SAFETY OR CONVENIENCES OF THE
PUBLIC, GRANTEE, ON REQUEST OF THE DIRECTOR OF PUBLIC WORKS, WILL
RESTORE SAME TO GOOD CONDITION; AND UPON GRANTEE'S FAILURE IMMEDIATELY
BO 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 18. EACH AND EVERY CONSTRUCTION AND RECONSTRUC-
TION OF GRANTEE'S GAS FEEDER PIPE LINES TO EFFECT DELIVERY OF GAS
TO INDUSTRIAL CONSUMERS,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:
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(1) IN DEVELOPING PLANS FOR SUCH GAS MAINS THE
BASIC 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.$.I.G.
WITHOUT SECOND STAGE REGULATIONS (B) 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.
(2) THE SPECIFICATIONS OF MATERIAL USED IN
CONSTRUCTION AND RECONSTRUCTING SUCH OAS MAINS AND METHODS FOR
PROTECTING THE SAME SHALL BE AS FOLLOWS:
(A) SEAMLESS OR WELDED BLACK STEEL Pik "SHALT
BE USED AND SHALL HAVE PROPERTIES AS PRESCRIBED BY
THE CURRENT AMERICAN STANDARDS ASSOCIATION SPECIFICA-
TION B38.8- 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 "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.
_p,-
(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 Q1, E 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 SPECOFICATOON TO APPLY, THEN THEIR AGREED DEVIATION FROM THE
BASIC CONTROL STANDARDS ON 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 `2p 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 COTYQS 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 ON (1) ABOVE. THEREAFTER, AS TO EACH CONSTRUCTION AND RE-
CONSTRUCTION OF SUCH PIPELINES THE GRANTEE SHALL FURNISH THE CITY'S
DIRECTOR OF PUBLIC WORKS A PRINT OF THE FINAL SURVEY AND, IF AVAIL-
ABLE, 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 SNOW
THE LOCATION OF CUSTOMER SERVICE LINES EXTENDING FROM SUCH GAS MAINS.
SECTION 19. INDUSTRIAL CUSTOMERS OR INDUSTRIAL CONSUMERS
AS USED IN THIS FRANCHISE MEANS CUSTOMERS HAVING AN ANNUAL AVERAGE
CONSUMPTION EQUIVALENT TO AT LEAST 500,000 CUBIC FEET PER DAY.
SECTION 20. IN GRANTING THIS FRANCHISED 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 21. 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 22. THE ENUMERATION HEREIN OF SPECIAL DUTIES
REQUIRED OF GRANTEE SHALL NOT BE CONSTRUED AS A LIMITATION OF THE
POWERS AND DUTIES CONFERRED UPON THE CITY BY ITS CHARTER, THE LAWS
OF THE STATE OF TEXAS AND ALL PRESENT 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 23. 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 24. NOTHING CONTAINED IN THIS FRANCHISE SMALL
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 25. 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
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r �
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 GRANTEE'S PROPERTY AS WELL AS THE FRANCHISES AND RIGHTS HEREIN
GRANTED.
SECTION 26. IN ADDITION TO THE RIGHTS, PRIVILEGES AND
FRANCHISE GRANTED TO GRANTEE, AS HEREINABOVE SET FORTH, GRANTEE IS HERE-
BY GRANTED THE RIGHT OF INGRESS AND EGRESS, FOR THE PURPOSE OF SERVING
INDUSTRIAL CUSTOMERS WITHIN THE AREAS DESCRIBED HEREIN, WITHIN THE
PRESENT CITY LIMITS.
SECTION 27. THE RIGHTS, PRIVILEGES AND FRANCHISE HEREIN
GRANTED TO GRANTEE SHALL EXTEND TO AND INCLUDE ITS SUCCESSORS AND
ASSIGNS, AND THE TERMS, CONDITIONS, PROVISIONS, 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 28. 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 MANNERS
_10-
m
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.
2. WITHIN SIXTY (EO) 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 GRANTEES
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
(GO) DAYS AFTER THE RECEIPT BY THE CITY OF GRANTEES INVENTORY IN WHICH
TO AGREE UPON THE FAIR VALUE OF GRANTEE'S PROPERTY; SHOULD THE COUNCIL
AND GRANTEE BE UNABLE TO AGREE WITHIN SUCH PERIOD, THE FAIR VALUE SHALL
BE DETERMINED BY A BOARD OF ARBITRATION CONSISTING OF THREE MEMBERS
TO BE APPOINTED AS FOLLOWS: ONE MEMBER W BE APPOINTED BY GRANTEE
WITHIN THE PERIOD OF FIFTEEN (15) DAYS FOLLOWING THE EXPIRATION OF THE
AFORESAID SIXTY -DAY PERIOD, ONE MEMBER TO BE APPOINTED BY THE COUNCIL
WITHIN THE PERIOD OF FIFTEEN (15) DAYS FOLLOWING THE EXPIRATION OF THE
AFORESAID SIXTY -DAY PERIOD, AND THESE TWO SO APPOINTED SHALL, WITHIN
FIFTEEN DAYS (15) THEREAFTER, APPOINT THE THIRD ARBITRATOR, WHO SHALL
BE A TEXA9 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 ARBI-
TRATOR WITHIN THE SPECIFIED FIFTEEN -DAY PERIODI THEN UPON WRITTEN APPLICA-
TION BY THE COUNCIL THE THIRD ARBITRATOR MAY BE APPOINTED BY ANY QUALIFIE D
f , 4,
AND ACTING JUDGE OF THE DISTRICT COURT OF THE UNITED STATES ASSIGNED TO
THE CORPUS CHRISTI DIVISION, SOUTHERN DISTRICT OF TEXAS, TO WHOM THE
COUNCIL MAY APPLY FOR SUCH APPOINTMENT; AND IF ANY SUCH DISTRICT COURT
JUDGE OF THE UNITED STATES SHOULD FAIL ID 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 ARBITRATORS IN THE EVENT THE BOARD OR A MAJORITY THERE-
OF, FAILS TO MAKE A DECISION WITHIN SUCH PERIOD, NEW ARBITRATORS SHALL
BE CHOSEN IN A LIKE MANNER AS IF NONE HAD BEEN PREVIOUSLY SELECTED.
THE COST OF THE ARBITRATOR APPOINTED BY THE CITY SHALL BE PAID BY THE
CITY AND THE COST OF THE ARBITRATOR APPOINTED BY GRANTEE SHALL BE PAID
BY GRANTEE, AND THE COST OF THE THIRD ARBITRATOR SHALL BE PAID ONE -HALF
BY THE CITY AND ONE -HALF BY THE GRANTEE.
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 SHALL SUBMIT TO THE PROPER AND QUALIFIED VOTERS OF THE CITY THE
PROPOSITION OF WHETHER OR NOT THE CITY SHOULD ACQUIRE THE PROPERTY SO
SUBJECT TO PURCHASE BY THE CITY, AND ISSUE BONDS IN SUFFICIENT AMOUNT
TO PAY THEREFOR, AND IN THE EVENT THE COUNCIL SHALL DETERMINE TO SUS-
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)
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•
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 MAY BE RESTRAINED BY JUDICIAL
DECREE.
SECTION 29. EACH OF THE PROVISIONS HEREOF IS ACCEPTED BY
GRANTEE AS A CONDITION OF THE GRANT, ANA UPON THE FAILURE OF GRANTEE
AT ANY TIME TO COMPLY WITH THE TERMS HEREOF, THE COUNCIL, UPON COMPLI-
ANCE 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 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 COUNCIL, WHICH SHALLBE 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 GRANTEE, WITHIN SIXTY (6O)
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,
AND (B) TO FILE AN ACTION IN THE APPROPRIATE COURT HAVING JURISDICTION
FOR THE PURPOSE OF HAVING SUCH FAILURE JUDICIALLY DETERMINED. UPON
-,3-
THE FILING OF SUCH ACTION, THE FORFEITURE SHALL BE SUSPENDED DURING
THE PENDENCY OF SUCH ACTION, FOR A PERIOD OF SIXTY (FO) DAYS OR SUCH
LATER DATE AS AGREED UPON BY THE CITY AND GRANTEE.
SECTION 30. THE GRANTEE HEREIN SHALL HAVE THE RIGH77D APPEAL
TO THE CITY COUNCIL ANY ACT OR ONMISSION, DECISION OR ORDER OF ANY
REPRESENTATIVE OF THE CITY WHICH MAY AFFECT ITS RIGHTS, DUTIES OR OBLI-
GATIONS HEREUNDER, NOTICE OF SUCH APPEAL SHALL BE IN WRITING AND DELIVERED
TO THE CITY SECRETARY WITHIN FIFTEEN (15) DAYS AFTER SUCH ACT, DECISION
OR ORDER.
SECTION 31. NOTWITHSTANDING ANY OTHER PROVISION HEREOF,
THIS FRANCHISE SHALL NOT BECOME EFFECTIVE AS TO THE RIGHT TO SERV£ ANY
EXCEPT "INDUSTRIAL" CUSTOMERS.
SECTION 32. THIS FRANCHISE SHALL BECOME EFFECTIVE AFTER
PUBLICATION AND COMPLIANCE WITH THE PROVISIONS OF THE CITY CHARTER
AND ACCEPTANCE BY THE GRANTEE WITHIN TEN (10) DAYS FROM THE EFFECTIVE
DATE, AND FILING THE BOND MENTIONED IN SECTION 10 HEREOF.
-11F-
THAT THE FOREGOING ORDINANCE WAS D FOR THE F (RS TIME AND
PASS O ITS SECOND READING ON THIS THE DAY OF
19__(e -BY THE FOLLOWING VOTE:
BEN F. McDONALD /
TON R. SWANTNER /
DR. JAMES L. BARNARD
JOSE R. DELEON
M. P. MALDONADO
W. J. ROBERTS
JAMES H. YOUNG
THAT THE FOREGOING ORDINANCE WAS O F
PAS ����221111 O ITS THIRD READING ON THIS THE ...
19 BY THE FOLLOWING VOTE:
���TTT °°���TTT °°°
BEN F. MCDONALD
TON R. SWANTNER
DR. JAMES L. BARNARD
JOSE R. DELEON
M. P. MALDONADO
W. J. ROBERTS
JAMES H. YOUNG
THAT THE
FINALLY ON THIS THE
VOTE:
FORE IN6 ORDINAN ffALD FOR H@ THIRD TIME AND PASSED
DAY OF ,, BY THE FOLLOWING
BEN F. MCD dl /\
Tom R. SWANTNER
DR. JAMES L. BARNARD
Jose R. DELEON
M. P. MALDONADO
W. J. ROBERTS
JAmes H. YouNa
PASSED AND APPROVED, THIS THE _j_DA
CV
Y OF
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AS TO LEGAL FORO IS
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THE CITY OF CORPUS CHRISTI, TEXAS.
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