HomeMy WebLinkAbout06936 ORD - 06/12/1963I MS: JKH:5 -6 -63
AN ORDINANCE
GRANTING TO PHARAOH ENTERPRISES, LTD., A
FRANCHISE TO LAY, CONSTRUCT,OPERATE, MAIN-
TAIN, REPAIR AND REMOVE A PIPELINE EIGHT
INCHES IN DIAMETER FOR THE TRANSPORTATION
OF THE SEWAGE EFFLUENT FROM THE OSO SANITARY
SEWER TREATMENT PLANT WITHIN AND UPON CERTAIN
ROADS AND STREETS OF THE CITY; SETTING FORTH
PROVISIONS TO THE EFFECT THAT SAID PIPELINE
BE CONSTRUCTED, MAINTAINED AND OPERATED IN
SUCH MANNER AND IN SUCH PLACES AS NOT TO INTER-
FERE WITH THE USE OF SAID STREETS BY THE CITY
OR THE INHABITANTS THEREOF AND CONTINUING
CERTAIN OTHER PROVISIONS, RESTRICTIONS AND
CONDITIONS; AND PROVIDING FOR FORFEITURE OF
THE FRANCHISE UNDER CERTAIN CONDITIONS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. THAT PHARAOH ENTERPRISES, LTD., DEVELOPERS,
HAVING THEIR PRINCIPAL OFFICE AND PLACE OF BUSINESS IN CORPUS CHRISTI,
NUECES COUNTY, TEXAS, BE AND THE SAME ARE HEREBY GRANTED THE'RIGHT TO
LAY, CONSTRUCT, OPERATE, MAINTAIN, REPAIR AND REMOVE ONE EIGHT -INCH
PIPELINE FOR THE TRANSPORTATION OF EFFLUENT FROM THE OSO SANITARY
SEWER TREATMENT PLANT WITHIN THE CITY OF CORPUS CHRISTI, ON AND ALONG
A ROUTE WITHIN SAID CITY HAVING THE FOLLOWING CENTERLINE, TO -WIT:
BEGINNING AT A POINT ON THE EXISTING 36 OUTFALL
LINE FROM THE OSO SEWER PLANT, SAID POINT BEING
NORTHWEST OF AND 65 FEET AT RIGHT ANGLES FROM
THE CENTER LINE OF ENNIS JOSLIN ROAD;
THENCE IN A SOUTHWESTERLY DIRECTIONPARALLEL TO
AND 65 FEET NORTHWEST OF THE CENTER LINE OF
ENNIS JOSLIN ROAD AND CONTINUING IN A SOUTH-
WESTERLY DIRECTION 65 FEET NORTHWEST OF THE
CENTER LINE OF NILE DRIVE TO A POINT THAT IS
40 FEET NORTHEAST OF THE EXISTING NORTHWEST
BOUNDARY LINE OF THAT CERTAIN TRACT OF LAND
CONVEYED TO THE CITY OF CORPUS CHRISTY BY DEED
DATED DECEMBER 5, 1962, OF RECORD IN VOL. 190,
PAGE 39, DEED RECORDS OF NUECES COUNTY, TEXAS;
THENCE IN A SOUTHWESTERLY DIRECTION CROSSING
NILE DRIVE AT A 45' ANGLE TO A POINT THAT IS
115 FEET SOUTHEAST OFAND AT RIGHT ANGLES TO THE
CENTER LINE OF NILE DRIVE;
THENCE IN A SOUTHWESTERLY DIRECTION 45 FEET
SOUTHEAST OF AND PARALLEL TO THE CENTER LINE
OF NILE DRIVE TO A POINT THAT IS 10 FEET OF
THE SOUTHEASTERLY EXTENSION OF THE COMMON
BOUNDARY LINE OF LOTS 9 AND 18, SECTION 17 OF
THE FLOUR BLUFF AND ENCINAL FARM AND GARDEN
TRACTS;
6936
THENCE IN A NORTHWESTERLY DIRECTION PARALLEL TO
AND 10 FEET SOUTHEAST OF THE SOUTHEASTERLY EXTEN-
SION OF SAID LOTS 9 AND 18 CROSSING NILE DRIVE
AND CONTINUING PARALLEL TO AND 10 FEET OF THE
COMMON BOUNDARY LINE SOUTHWEST OF SAID LOTS 9
AND iS TO A POINT 170 FEET FROM THE CENTER LINE
OF NILE DRIVE,
UNDER THE FOLLOWING TERMS AND CONDITIONS, TO -WIT:
FIRST: THE TERM OF THIS GRANT SHALL BE FOR FIVE YEARS
FROM THE DATE OF THE FINAL PASSAGE HEREOF.
SECOND: GRANTEES SHALL HAVE THE RIGHT TO UTILIZE AS MUCH
OF THE RIGHT OF WAY OF SAID BECKNER ROAD AS IS NECESSARY TO LAYS
CONSTRUCT, OPERATES MAINTAIN, REPAIR AND REMOVE SAID PIPE LINE, BUT
IT SHALL BE PLACED, LAID AND CONSTRUCTED IN SUCH MANNER ALONG THE
CENTERLINE OF THE ROUTE HEREINABOVE DESCRIBED THAT IT WILL NOT IN-
TERFERE WITH THE USE OF ANY OF SAID STREETS AND PROPERTY OWNED BY THE
CITY OR THE RIGHT OF ANY OTHER HOLDER OF A FRANCHISE OR RIGHT TO USE
SUCH STREETS OR CITY -OWNED PROPERTY; AND THE LAYING, CONSTRUCTION
MAINTENANCE, OPERATION, REPAIR AND REMOVAL OF SAID PIPE LINE, AS WELL
AS THE FIXTURES AND ATTACHMENTS UPON THE SAME SHALL AT ALL TIMES BE SUB-
JECT TO THE CONTROL OF THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI
IN ORDER TO PROTECT THE RIGHTS AND CONVENIENCE OF THIRD PARTIES AND THE
PUBLIC GENERALLY WITHIN SUCH CITY.
THIRD: THE FULL CONTROL AND MANAGEMENT OF SUCH STREETS AND
CITY -OWNED PROPERTY IS EXPRESSLY RESERVED TO SAID CITY OF CORPUS CHRISTI,
TEXAS. ALL RIGHTS GRANTED HEREBY SHALL BE SUBORDINATE TO ALL USES BY
THE CITY AND SHALL UPON NOTICE BY THE CITY BE MADE TO CONFORM TO SUCH
QHER USES AS THE CITY MAY MAKE OF SUCH STREETS OR PROPERTY OWNED BY THE
CITY. A MAP OR PLAT OF THE EXACT LOCATION OF THE PIPE IN THE STREETS
SHALL BE FILED IN THE OFFICE OF THE DIRECTOR OF PUBLIC WORKS OF THE
CITY UPON COMMENCEMENT OF INSTALLATION SHOWING THE SIZE AND LOCATION OF
VALVES AND THE DEPTH OF ALL INSTALLATIONS.
FOURTH: THIS FRANCHISE SHALL NOT BECOME EFFECTIVE UNTIL A
FEE OF $ SHALL BE PAID TO THE CITY AND A WRITTEN ACCEPTANCE OF
THIS FRANCHISE DELIVERED TO THE CITY SECRETARY.
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FIFTH: GRANTEES WILL PAY TO GRANTOR, ITS SUCCESSORS AND
ASSIGNS ANY AND ALL DAMAGES OF ANY KIND WHATEVER RESULTING FROM,
GROWING OUT OF, OR INCIDENT TO THE CONSTRUCTIONS LAYING, MAINTENANCE,
OPERATIONS REPAIR; REMOVAL, CHANGING THE SIZE OF OR REPLACEMENT OF SAID
PIPE. LINE UNDER, UPON OVER AND THROUGH THE ABOVE DESCRIBED LAND.
SIXTH: GRANTEES SHALL CONDUCT ALL OF THEIR OPERATIONS
IN THE USE OF THIS FRANCHISE IN A CAREFUL MANNER AND WILL INDEMNIFY
THE CITY FROM ANY AND ALL DAMAGES RESULTING FROM THEIR OPERATIONS
OR NEGLIGENT CONDUCT.
SEVENTH: ALL RIGHTS TO USE AND OCCUPY SAID RIGHT OF WAY
FOR THE PURPOSES AFORESAID, OR ANY OTHER RIGHTS HEREUNDER SHALL CEASE
AND TERMINATE IF SAID PIPE LINE SHALL BE UNUSED FOR ONE YEAR OR IF
GRANTEES SHALL AT ANY TIME ABANDON THE USE OF SAME FOR THE PURPOSE
GRANTED HEREIN. '
EIGHTH: THIS FRANCHISES AS WELL AS THE RIGHTS HEREIN, MAY
BE ASSIGNED BY THE GRANTEES HEREIN, AS WELL AS BY ALL SUCCEEDING
GRANTEES AT THEIR OPTION, OR THE RIGHTS OF SUCH GRANTEES OR SUCCESSORS
HEREIN MAY BE TRANSFERRED UNDER FORECLOSURE PROCEEDINGS OR BY JUDICIAL
SALE, OR MAY BE TRANSFERRED FROM ONE HOLDER TO A THIRD PARTY BY THE
OPERATION OF A FORFEITURE CLAUSE OF ANY AGREEMENT BETWEEN SUCH PERSONS
IN WHICH CASE THE ASSIGNEE SHALL SUCCEED TO ALL OF THE RIGHTS, DUTIES
AND LIABILITIES OF THE GRANTEES HEREUNDER. FAILURE ON THE PART OF THE
GRANTEES HEREIN TO OBSERVE THE TERMS AND RESTRICTIONS OF THIS ORDINANCE
AND FRANCHISE SHALL, IF CONTINUED OR PERSISTED INS AFTER TEN -DAYS NOTICE
IN WRITING SHALL BE GROUNDS FOR IMMEDIATE FORFEITURE AND TERMINATION OF
ALL RIGHTS HEREUNDER BY MOTION OF THE CITY COUNCIL ADOPTED AT ANY REGULAR
MEETING OF THE CITY COUNCIL.
NINTH: THAT THE FOREGOING ORDINANCE WAS READ FOR THE FI ST
TIME AND PASSED TO ITS SECOND READING ON THIS THE If DAY OF
1963, BY THE FOLLOWING VOTE:
JAMES H. YOUNG
JOSE R. DELEON
W. J. ROBERTS G�
-3-
JAMES L. BARNARD
JACK R. BLACKMON
M.P.MALDONADO
W. H. WALLACE,JR
THAT THE FOREGOING ORDINANCE WAS READ FOR THE SECO D TIME
AND PASSED TO ITS THIRD READING ON THIS THE / DAY OF
1963, BY THE FOLLOWING VOTE:
JAMES L. BARNARD
JAMES H. YOUNG JACK R. BLACKMON
JOSE R. DELEON M.P.MALDONADO
W. J. ROBERTS W. H. WALLACE ,JR.
THAT THE FOREGOING ORDINANCE WAS REA FOR THE THIRD TIME AND
PASSED FINALLY ON THIS THE_��])AY OF , 1963, BY THE
FOLLOWING VOTE:
JAMES L. BARNARD
JAMES H. YOUNG JACK R. BLACKMON
JOSE R. DELEON M. P. MALDONADO
W.J. ROBERTS W. H. WALLACE, JR.
F-
ATTEST:
MAYO
HE CITY OF CORPUS CHRISTI, TEXAS
CITY SECRE AR
APPROVED AS TO LEGAL FORM T IS
THE (v DAY OF�, 1963:
CITY ATT RNEy