HomeMy WebLinkAbout07064 ORD - 10/30/1963MS:JKH:9 -24 -63 .1 1
TEXAS:
AN ORDINANCE
GRANTING TO SUNTIDE PIPE LINE COMPANY A FRANCHISE TO LAY,
CONSTRUCT, OPERATE, MAINTAIN, REPAIR AND REMOVE AN 8"
OIL PIPELINE EXTENDING FROM A POINT ON THE NORTH BOUNDARY
LINE OF INTERSTATE 37 TO THE WEST BOUNDARY LINE OF COUNTY ROAD
53A AND EXTENDING SOUTH ALONG A LINE PARALLEL TO AND WEST
OF SAID PUBLIC ROAD TO A POINT APPROXIMATELY 255 FEET NORTH
OF THE NORTH BOUNDARY OF STATE HIGHWAY 9, THEN EXTENDING
IN A SOUTHWESTERLY LINE ACROSS HIGHWAY 9 IN THE 8500 BLOCK,
ACROSS COUNTY ROAD 55 (CLARKWOOD ROAD) IN THE 1600 BLOCK,
ACROSS CAROLINE ROAD IN THE McNORTON SUBDIVISION #3, ACROSS
AN UNNAMED COUNTY ROAD IN THE 8j00 BLOCK THEREOF, ACROSS
AN UNNAMED COUNTY ROAD EXTENDING NORTH AND SOUTH THROUGH THE
J. W. STEVENS TRACT AND CROSSING FM ROAD 229 (RAND MORGAN
ROAD) IN THE 800 BLOCK OF SAID ROAD AND CONTINUING IN A
STRAIGHT LINE TO THE SOUTHWEST CITY LIMITS TO THE EXTENT THAT
SAID ROADS, STREETS AND HIGHWAYS WHICH NOW EXIST ACROSS SAID
PIPELINE ARE TRAVERSED BY THE SAID PIPELINE RIGHT OF WAY
DESCRIBED IN THIS ORDINANCE, AND TO USE SO MUCH OF THE RIGHT
OF WAY OF SAID STREETS AS IS NECESSARY THERETO, NOT EXTENDING
MORE THAN FIVE FEET (59 ON EACH SIDE OF THE CENTERLINE OF
SAID PIPELINE; PROVIDING CERTAIN CONDITIONS ON THE USE OF
SAID STREETS; PROVIDING THAT SAID FRANCHISE SHALL BE ASSIGN-
ABLE BY THE GRANTEE; PROVIDING FOR FORFEITURE OF THE FRANCHISE
IN CASE OF FAILURE ON THE PART OF GRANTEE TO OBSERVE THE TERMS
AND RESTRICTIONS OF THIS ORDINANCE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. THAT SUNTIDE PIPE LINE COMPANY, A DELAWARE CORPORATION
t
HAVING AN OFFICE AND PLACE OF BUSINESS IN NUECES COUNTY, TEXAS, ITS SUCCESSORS
AND ASSIGNS, BE AND IT IS HEREBY GRANTED THE RIGHT IN THE CITY OF CORPUS
CHRISTI TO LAY, CONSTRUCT, OPERATE, MAINTAIN, REPAIR AND REMOVE ONE 81t
OIL PIPELINE TO BE USED SOLELY FOR THE TRANSPORTATION OF OIL, ON AND ALONG
A ROUTE EXTENDING FROM THE NORTH BOUNDARY OF INTERSTATE 37 IN A SOUTHERLY
AND SOUTHWESTERLY DIRECTION TO THE SOUTHWEST BOUNDARY LINE OF THE CITY
AT A POINT IN B.S. & F. SURVEY #403, ALL AS SHOWN ON THE ATTACHED MAP AND
PLAT OF SAID ROUTE HAVING A CENTERLINE APPROXIMATELY AS FOLLOWS:
EXTENDING FROM A POINT ON THE NORTH BOUNDARY LINE OF
INTERSTATE 37 TO THE WEST BOUNDARY TO THE WEST BOUNDARY
LINE OF COUNTY RD. 53a AND EXTENDING SOUTH ALONG A LINE
PARALLEL TO AND WEST OF SAID PUBLICROAD TO A POINT
APPROXIMATELY 255 FEET NORTH OF THE NORTH BOUNDARY OF
STATE HIGHWAY 9, THEN EXTENDING IN A SOUTHWESTERLY LINE
ACROSS HIGHWAY 9 IN THE 8500 BLOCK, ACROSS COUNTY ROAD
55 (CLARKWOOD ROAD) IN THE11600 BLOCK, ACROSS CAROLINE
ROAD IN THE MCNORTON SUBDIVISION #3, ACROSS AN UNNAMED
COUNTY ROAD IN THE 8900 BLOCK THEREOF ACROSS AN
UNNAMED COUNTY ROAD EXTENDING NORTH AND SOUTH THROUGH
THE J. W. STEVENS TRACT AND CROSSING FM ROAD 229
(RAN MORGAN ROAD) IN THE 800 BLOCK OF SAID ROAD AND
CONTINUING IN A STRAIGHT LINE TO THE SOUTHWEST CITY
LIMITS TO THE EXTENT THAT SAID ROADS, STREETS AND
HIGHWAYS WHICH NOW EXIST ACROSS SAID PIPELINE
ARE TRAVERSED BY THE SAID PIPELINE RIGHT OF WAY
DESCRIBED IN THIS ORDINANCES AND TO USE SO MUCH OF
THE RIGHT OF WAY OF SAID STREETS AS IS NECESSARY
THERETO] NOT EXTENDING MORE THAN FIVE FEET (51) ON
EACH SIDE OF THE CENTERLINE OF SAID PIPELINE,
UNDER THE FOLLOWING TERMS AND RESTRICTIONS, TO -WIT:
FIRST: THE TERM OF THIS GRANT SHALL BE FOR FIVE (5) YEARS
FROM THIS DATE.
SECOND: GRANTEE SHALL HAVE THE RIGHT TO UTILIZE THAT PORTION OF
THE STREETS, ROADS AND HIGHWAYS CROSSED BY SAID PIPELINE ROUTE EXTENDING
APPROXIMATELY FIVE FEET (5 9 ON EACH SIDE OF THE CENTERLINE OF SAID PIPE AT
THE LOCATIONS HEREINABOVE MENTIONED AND ALSO AT ALL LOCATIONS WHERE SAID
PIPELINE MAY CROSS ANY STREETS, ALLEYS UTILITY EASEMENTS AND PUBLIC ROAD
RIGHTS OF WAY WHICH MAY HEREAFTER BE DEDICATED ACROSS SAID PIPELINE. THE
ACCEPTANCE OF THIS FRANCHISE BY THE GRANTEE SHALL CONSTITUTE A JOINDER BY
THE GRANTEE IN A DEDICATION OF ANY ROADS STREETS OR PUBLIC WAYS WHICH MAY BE
HEREAFTER DEDICATED AND WHICH CROSS THE RIGHT OF WAY NOW OCCUPIED BY SAID
PIPELINE. THE PIPELINE SHALL BE PLACED, LAID AND CONSTRUCTED IN SUCH A WAY
THAT IT WILL NOT INTERFERE WITH THE USE OF ANY OF STREETS ROADS OR PUBLIC
WAYS BY SAID CITY OR ITS INHABITANTS NOR INTERFERE WITH THE RIGHT OF ANY
HOLDER OF A FRANCHISE OR RIGHT TO USE SAID STREETS; THE LAYING, CONSTRUCTION
MAINTENANCE, OPERATION] REPAIR AND REMOVAL OF SAID PIPELINE, AS WELL AS THE
FIXTURES AND ATTACHMENTS UPON THE SAME SHALL AT ALL TIMES BE SUBJECT 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 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
-2-
THE CITY BE MADE TO CONFORM TO SUCH OTHER USES AS THE CITY MAY MAKE OF
SUCH STREETS OR PUBLIC RIGHTS -OF -WAY FOR PUBLIC USES. A MAP OR PLAT OF
THE EXACT LOCATION OF THE PIPE IN THE STREETS SHALL BE FILED IN THE
OFFICE OF THE CITY DIRECTOR OF PUBLIC WORKS UPON COMMENCEMENT OF INSTALL-
ATION SHOWING THE SIZE AND LOCATION OF VALVES AND THE DEPTH OF ALL
INSTALLATIONS.
FOURTH: THIS FRANCHISE SHALL NOT BECOME EFFECTIVE UNTIL A
FEE OF $150 SHALL BE PAID TO THE CITY AND A WRITTEN ACCEPTANCE OF THIS
FRANCHISE DELIVERED TO THE CITY SECRETARY.
FIFTH: GRANTEE SHALL COMPLY WITH CITY ORDINANCES INCLUDING
SAFETY MEASURES CONCERNING OIL PIPE LINES AND ALL REGULATIONS AS ARE IN
EFFECT BY THE TERMS OF ANY STATE LAW OR CITY ORDINANCE OR AS MAY BE
HEREAFTER ADOPTED.
SIXTH: GRANTEE WILL PAY TO GRANTOR, ITS SUCCESSORS AND ASSIGNS,
ANY AND ALL DAMAGES OF ANY KIND WHATEVER RESULTING FROM GROWING OUT OFD OR
INCIDENT TO THE CONSTRUCTIONS LAYING MAINTENANCES OPERATIONS REPAIR,
REMOVAL, CHANGING THE SIZE OF OR REPLACEMENT OF SAID PIPE LINE UNDER, UPON
OVER AND THROUGH THE ABOVE DESCRIBED LAND.
SEVENTH: GRANTEE SHALL CONDUCT ALL OF ITS OPERATIONS IN THE USE
OF THIS FRANCHISE IN A CAREFUL MANNER AND WILL INDEMNIFY THE CITY FROM ANY
AND ALL DAMAGES RESULTING FROM ITS OPERATIONS OR NEGLIGENT CONDUCT.
EIGHTH: 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 GRANTEE SHALL AT ANY TIME
ABANDON THE USE OF SAME FOR THE PURPOSE GRANTED HEREIN.
NINTH: THIS FRANCHISE, AS WELL AS THE RIGHTS HEREIN3 MAY BE
ASSIGNED BY THE GRANTEE HEREIN, AS WELL AS BY ALL SUCCEEDING GRANTEES AT
THEIR OPTION, OR THE RIGHTS OF SUCH GRANTEE OR SUCCESSORS HEREIN MAY BE
TRANSFERRED UNDER FORECLOSURE PROCEEDINGS OR BK JUDICIAL SALES 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
-3-
r• "
SUCCEED TO ALL OF THE RIGHTS DUTIES AND LIABILITIES OF THE GRANTEE
HEREUNDER.
TENTH: A FAILURE UPON THE PART OF THE GRANTEE HEREIN, ITS
SUCCESSORS OR ASSIGNS, TO OBSERVE THE TERM AND RESTRICTIONS OF THIS
ORDINANCE, SHALL, AS CONTINUED OR PERSISTED IN AFTER DUE NOTICE IN WRIT-
ING AND DUE OPPORTUNITY TO OBSERVE THIS ORDINANCE OR TO REMEDY ANY
NON - OBSERVANCE THEREOF BE GROUNDS FOR THE FORFEITURE AND TERMINATION
OF ALL RIGHTS UNDER THIS GRANT.
Fla +Cc. orc \ �•\n
^ R"'�
\ j
0.
G Q P b02 ` thb °c \ n \ p ^C \ �' F�e, �w'�' N� ✓'C • ` ' '_1 \
9 � N Y � I ' ,• _ - /• \ \�O may`
6
G P d SiAYE \' d \\
n,
\ P` ' \� tx \
\ 2G 1t 2 PC t.l �p2 `\ tOpyS \
Pi
t6 � r � t,d° \ /ter •.
�r
a s\ ' ,.
�. . \, : .�
�� I-� `fir \i''
N
/ J�` � �.
�, p
r
�; -� a o;
F�,,,
/ � / /.
/ � i
�O � .
_ �\
\�
I _ �.� _/ ... ' �. �'
�/ .,/�
J (� /i v(� ✓JG'�
r- SuNrIDE' Gif'F 1 ���� AFC S' %� � � ,
j/ `s � � -.
�% � \ � � . s
� � W /
w
� ' /�z \\
/' \S.:l
n'
THAT THE FOREGOING ORDINANCE WAS ZAQ--FOR THE FI MF�AND
PAS D O ITS SECOND READING ON THIS THE JJ DAY OF
19 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 READ FOR THE SECOND/TIME AND PASSED
TO ITS THIRD READING ON THIS THE "_DAY OF
BY THE FOLLOWING VOTE:
JAMES L. BARNARD
JAMES H. YOUNG
JACK R. BLACKMON
JOSE R. DELEON
M. P. MALDONADO
W. J. ROBERTS
//////JJJJ W. H. WALLACE, JR.
THAT THE FORg0�1'TIG ORD 1 NANCE W(E 'FOR THE TH I R� Tj ME AND PASSED
FINALLY ON THIS THE }}�� DAY OF Cfi' y 19 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.
PASSED AND APPROVED, THIS THE I? o DAY OF
ATTES .
CItf SEC ARY-
APPROVE AS TO LEGA ORM T IS
DAY OF ,19=3
(��N(AYOR
THE CITY OF CORPUS CHRISTI, TEXAS
CITY ATTORNEY //
�3.
AN ORDINANCE
GRANTING TO ..T,.. PIPE
".. COMPANY " FRANC..
TO LAY, CON _SUCT' P.FT'
MAINTAIN. REPAIR AND
MOVE AN V OIL. PIPELINE
TENDING FROM A PoIqT ON
THE NORTH BOUNDARY Lk-E OF
INTERSTATE 37 TO THE WEST
BOUNDARY LINE OF COUNTY
ROAD AA AND EXTENCLING
SOUTH ALONG A LINE PA,&L-
LEL. TO AND WEST OF SAID
PUBLIC ROAD TO A POINT AP-
PROXIMATELY 255 FEET NORTH
OF THE NORTH BOUNDARY OF
STATE HIGHWAY?. THEN EX-
TENDING IN A SOUTHWESTERLY
LINE ACROSS HIGHWAY? IN
THE 0500 BLDC K, ACROSS COUN-
T TY ROAD 55 (CLA-4KWOOD
WTHE-PAST
(SERVE THE
I CTIONS OF
Y THE CITY
TY OF COR,
S.tId. Pl"
Yom -
Ar
jt",
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS, lss:
County of Nueces. J
Before me, the undersigned, a Notary Public, this day personally came ... ...............................
Laland.- ?...Ba- 1}eq ........................... who being first duly sworn, according to law, says that he is the
C1ssPeci,•A4�9sr- 3�- ►P - -aB� of the Corpus Christi Caller and The Corpus Christi Times,
Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
."...,�....- .....- -_______-
......---• ...--.-. / pe
to ley, constrLmt o rate , repair & remoye e�} 8 oil pipeline--
of which the annexed is a true copy, was published in
... .............. —..
on the. 1.. - -.... day of........... ....... ...19....13 and Z1kM1CMM..2 ...tiates..-- -thereafter ZMS.V2X ..................
xamauti4xx...namdy-...oa obar.. .3.. -tnd 31,1963 )
.3 ..... ......... ..Times. J
....... ........_...
$ .• -.• -.- 12,3- a2�{,........... GUM •fie veriifs fitg arisger
Subscribed and sworn to before me this .........11••.... -day of.-- ..1JQV!k l -QT ............................ 19. 13........
Louise Vick -
_ ............. .. _ -
of Public, Nuecef County, Texas
Adjuilebb
_ fhelrinf
l�
Before me, the undersigned, a Notary Public, this day personally came ... ...............................
Laland.- ?...Ba- 1}eq ........................... who being first duly sworn, according to law, says that he is the
C1ssPeci,•A4�9sr- 3�- ►P - -aB� of the Corpus Christi Caller and The Corpus Christi Times,
Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
."...,�....- .....- -_______-
......---• ...--.-. / pe
to ley, constrLmt o rate , repair & remoye e�} 8 oil pipeline--
of which the annexed is a true copy, was published in
... .............. —..
on the. 1.. - -.... day of........... ....... ...19....13 and Z1kM1CMM..2 ...tiates..-- -thereafter ZMS.V2X ..................
xamauti4xx...namdy-...oa obar.. .3.. -tnd 31,1963 )
.3 ..... ......... ..Times. J
....... ........_...
$ .• -.• -.- 12,3- a2�{,........... GUM •fie veriifs fitg arisger
Subscribed and sworn to before me this .........11••.... -day of.-- ..1JQV!k l -QT ............................ 19. 13........
Louise Vick -
_ ............. .. _ -
of Public, Nuecef County, Texas
Adjuilebb
_ fhelrinf
A
rod
�I
re
re
ii
C
e
t
ACity PPROVED AS TO
THIS 7 DAY OF 5 LE„AL FORM
1. M. Singer eCt� 19N:
OIIY Attorney
IMI