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HomeMy WebLinkAbout07203 ORD - 04/22/1964I. IMS:JKH:3 -18 -64 AN ORDINANCE • • GRANTING A FRANCHISE TO SOUTHWESTERN OIL & RE- FINING COMPANY TO LAY, CONSTRUCT, OPERATE, MAIN- TAIN, REPAIR AND REMOVE CERTAIN PIPELINES WITHIN SPECIFICALLY DESIGNATED LOCATIONS BENEATH AND EXTENDING ACROSS WEST BROADWAY STREET AND NORTH PORT AVENUE, FOR THE TRANSPORTATION OF PETROLEUM PRODUCTS AND TO USE SUFFICIENT PORTIONS OF THE RIGHT OF WAY OF SAID STREETS AS IS NECESSARY FOR THE LAYING OF SAID PIPELINES; PROVIDING FOR THE FILING OF PLANS AND SPECIFICATIONS AND OBTAINING OF PERMITS FROM THE DIRECTOR OF PUBLIC WORKS FOR CONSTRUCTION WITHIN THE SAID RIGHT OF WAY; PROVIDING THAT THE USE OF SUCH RIGHT OF WAY UNDER SUCH FRANCHISE SHALL BE IN SUCH MANNER AND IN SUCH PLACES AS NOT TO INTERFERE WITH THE USE OF SAID STREETS BY THE CITY OR THE INHABITANTS THEREOF; PROVIDING FOR THE FORFEITURE OF THE FRANCHISE IN CASE OF FAILURE ON THE PART OF GRANTEE TO OBSERVE TERMS AND RESTRICTIONS CON- TAINED IN SAID FRANCHISE AND THIS ORDINANCE; PROVIDING FOR PUBLICATION AND SETTING FORTH OTHER PROVISIONS PERTAINING TO THIS FRANCHISE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT SOUTHWESTERN OIL & REFINING COMPANY, A TEXAS CORPORATION WITH ITS PRINCIPAL OFFICE AND PLACE OF BUSINESS IN CORPUS CHRISTI, 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: A GROUP OF PIPELINES LYING BENEATH AND WITHIN A STRIP OF LAND APPROXIMATELY 13 FEET IN WIDTH EXTENDING ACROSS NORTH PORT AVENUE AND CONTAINING FOUR (4) PIPELINES 6 INCHES IN DIAMETER; FOUR (4) PIPELINES 8 INCHES IN DIAMETER; ONE (1) PIPELINE 4 INCHES IN DIAMETER; AND ONE (1) PIPELINE 2 INCHES IN DIAMETER; SUCH PIPELINES BEING USED BY SOUTHWESTERN OIL & REFINING COMPANY FOR THE TRANSPORTATION OF PETROLEUM OR PETROLEUM PRODUCTS; AND INTERSECTING THE NORTH PORT AVENUE SOUTH BOUNDARY LINE BETWEEN A POINT ON THE SOUTH BOUNDARY LINE SOUTH 53 DEG. 58 MIN. WEST A DISTANCE OF 453.2 FEET FROM A BEGINNING POINT AT THE INTERSECTION OF THE SOUTH BOUNDARY LINE OF NORTH PORT AVENUE AND THE EAST BOUNDARY LINE OF THE MISSOURI PACIFIC RAILROAD RIGHT OF WAY; AND A POINT SOUTH 53 DEG. 58 MIN. WEST A DISTANCE OF 466.2 FEET FROM THE SAME BEGINNING POINT; THENCE NORTH 36 DEG. 44 MIN. WEST A DISTANCE OF 70 FEET ACROSS NORTH PORT AVENUE TO A POINT ON THE NORTH BOUNDARY LINE OF NORTH PORT AVENUE; 7203 THENCE NORTH 53 DEG. 58 MIN. EAST ALONG THE NORTH BOUNDARY LINE OF NORTH PORT AVENUE A DISTANCE OF 11.8 FEET; A GROUP OF PIPELINES LYING BENEATH A STRIP OF LAND APPROXIMATELY 9.5 FEET IN WIDTH EXTENDING ACROSS NORTH PORT AVENUE AND CONTAINING ONE (1) CASING 8 INCHES IN DIAMETER; ONE (1) PIPELINE 6 INCHES IN DIAMETER; THREE J PIPELINES 8 INCHES IN DIAMETER; AND ONE (1) CASING 4 INCHES IN DIAMETER, SUCH PIPELINES BEING USED BY SOUTHWESTERN OIL & REFINING COMPANY FOR THE TRANSPORTATION OF PETROLEUM AND PETROLEUM PRODUCTS; AND INTERSECTING THE SOUTH BOUNDARY LINE OF NORTH PORT AVENUE BETWEEN A POINT ON THE SOUTH BOUNDARY LINE SOUTH 53 DEG. 58, MIN. WEST A DISTANCE OF .420.1 FEET FROM THE BEGINNING POINT AT THE INTERSECTION OF THE SOUTH BOUNDARY LINE OF NORTH PORT AVENUE AND THE EAST BOUNDARY LINE OF THE MISSOURI PACIFIC RAILROAD RIGHT OF WAY, AND A POINT ON THE SOUTH BOUNDARY LINE OF NORTH PORT AVENUE SOUTH 53 DEG. 58 MIN. WEST, A DISTANCE OF 429.5 FEET FROM THE SAME BEGINNING POINT; THENCE NORTH 30 DEG. 2 MIN. WEST A DISTANCE OF 72 FEET ACROSS NORTH PORT AVENUE TO A POINT ON THE NORTH BOUNDARY LINE OF NORTH PORT AVENUE; THENCE NORTH 53 DEG. 58 MIN. EAST ALONG THE NORTH BOUNDARY LINE OF NORTH PORT AVENUE A DISTANCE OF 9.5 FEET. A GROUP OF PIPELINES LYING BENEATH A STRIP OF LAND APPROXIMATELY 15.7 FEET IN WIDTH EXTENDING ACROSS NORTH PORT AVENUE AND CONTAINING ONE (1) PIPELINE 10 INCHES IN DIAMETER; THREE (3) PIPELINES 8 INCHES IN DIAMETER; AND ONE (1) PIPELINE 6 INCHES IN DIAMETER; SUCH PIPELINES BEING USED BY SOUTHWESTERN OIL & REFINING COMPANY FOR THE TRANSPORTATION OF PETROLEUM AND PETRO- LEUM PRODUCTS; AND INTERSECTING THE SOUTH BOUNDARY LINE OF NORTH PORT AVENUE BETWEEN A POINT ON THE SOUTH BOUNDARY LINE NORTH 53 DEG. 58 MIN. EAST A DISTANCE OF 376.6 FEET FROM A BEGINNING POINT OF THE INTER- SECTION OF THE SOUTH BOUNDARY LINE OF NORTH PORT AVENUE AND THE EAST BOUNDARY LINE OF THE MISSOURI PACIFIC RAILROAD RIGHT OF WAY, AND A POINT ON THE SOUTH BOUNDARY LINE OF NORTH PORT AVENUE FROM,THE SAME BEGINNING POINT; NORTH 53 DEG. 58 MIN. EAST A DISTANCE OF 392.3 FEET; THENCE NORTH 1 DEG. 5 MIN. EAST TO THE POINT WHERE SUCH BEARING INTERSECTS THE NORTH BOUNDARY LINE OF NORTH PORT AVENUE; THENCE SDUTH 53 DEG. 58 MIN. WEST ALONG THE NORTH BOUNDARY LINE OF NORTH PORT AVENUE A DISTANCE OF 14.9 FEET. -2- IV A group of pipelines lying beneath a strip of land 21 feet in width extending across West Broadway Street, and contain- ing two (2) pipelines 6 inches in diameter; two (2) pipelines 4 inches in diameter; and one (1) pipeline 10 inches in diameter; such pipelines being used by Southwestern Oil & Refining Company for the transportation of petroleum and petroleum products; and intersecting the South boundary line of West Broadway Street between a point from a beginning at the intersection of the East boundary line of North Port Avenue and the South boundary line of West Broadway Street South 66 deg. 02 min. East a distance of 218 feet and a point at a corner fence post 237 feet along the same bearing from the same beginning point; and such strip of land intersecting a fence on the North boundary line of West Broadway Street between a point from.the intersection of the East boundary line of North Port Avenue and the North boundary • line of West Broadway Street South 66 deg. 02 min. East a distance of 214.8 feet; THENCE North 89 deg. 34 min. East a distance of 15.23 feet; and point from the same beginning South 66 deg. 02 min. East a distance of 214.8 feet; THENCE North 89 deg. 34 min. East a distance of 36.23 feet. • V ' r' A pipeline 8 inches in diameter for the transportation of petroleum and petroleum products lying beneath a strip of land one foot in width extending across West Broadway Street and intersecting a fence on the North boundary line of West Broadway Street at a point from a beginning point at the intersection of the North boundary line of West Broadway Street and the East boundary line of North, Port Avenue; South 66 deg. 02 min. East a distance of 214.8 feet; • -3- THENCE North 89 deg. 34 min. East a distance of 113.8 feet and intersecting .' a fence on the South boundary line of West fs• Broadway Street at a point from a beginning point at the intersection of the South boundary line of West Broadway Street and the East boundary line of North_Port Avenue, South 66 deg. 02 min. East a distance_of 237 feet, being a corner fence post; • THENCE North 88 deg. 05 min. East a distance of 125.1 feet. VI • A pipeline 4 inches in diameter for the transportation of petroleum and petroleum products, lying beneath a strip of land one foot in width extending across West Broadway Street and intersecting a fence on the North boundary line of West Broadway Street at a point from a begin- ning point at the intersection of the East boundary line of North Port Avenue and. • the North boundary line of West Broadway Street; South 66 deg. 02 min. East a distance of 214.8 feet; THENCE North 89 deg. 34 min. East a distance of 178.4 feet, and intersecting a fence on the South boundary line of West Broadway Street at a point from a beginning point at the intersection of the South boundary line of West Broadway Street and the East boundary line of North Port Avenue; South 88 deg. 02 min. East a distance of 237 feet; • THENCE along the South boundary line of West Broadway Street North 88 deg. 05 min. .East a distance of 185.4 feet. VII A group of pipelines lying beneath a strip of land 14 feet in width extending across West Broadway Street and containing three (3) pipelines 6 inches in diameter and three (3) pipelines 8 inches in diameter; such pipelines being used by'Southwestern Oil & Refining Company for the transporta- tion of petroleum and petroleum products; and intersecting a fence on the North boundary line of West Broadway Street between a point from a beginning point at the intersection of the East boundary line of North Port Avenue and the North boundary line of Nest Broadway Street South 66 deg. 02 min. East a distance of 214.8 feet; / THENCE North 89 deg. 34 min. East a distance of 159.8 feet, and a point from the same beginning point South 66 deg. 02 min. East a distance of 214.8 feet; THENCE North 89 deg. 34 min. East x.l a distance of 172.7 feet, and such strip of land intersecting a fence on the South boundary line of West Broadway Street between a point from a beginning point at the intersection of the South boundary line of West Broadway Street and the East boundary line of North Port Avenue South 66 deg. 02 min. East a distance of 237 feet; THENCE along the South boundary line of West Broadway Street North 88 deg. 05 min. East a distance of 223.3 feet, and a point along the South boundary line of West Broadway Street from the same beginning point South 66 deg. 02 min. East 237 feet; THENCE along the South boundary line of.West Broadway Street North 88 deg. 05 min. East, a distance of 237.6 feet., y VIII Two (2) pipelines lying beneath a strip of land 2.5 feet in width, extending across West Broadway Street and con- taining one (1) pipeline 8 inches in . diameter and one (1) pipeline 4 inches in diameter; said 8 inch pipeline being used by Southwestern Oil & Refining Company for the transportation of petroleum and petroleum products and the 4 inch pipeline being used for the transportation of steam; and intersecting a fence on the North boundary line of West Broadway Street at a point from a beginning point at the intersection of the East boundary line of North Port Avenue and the North boundary line of West Broadway Street, South 66 deg. 02 min. East a distance of 214.8 feet; THENCE on and along the West Broadway North boundary line North 89 deg. 34 °min. East a distance of 249.6 feet, and such pipeline intersecting a fence on the South boundary line of West Broadway Street.at a point from a beginning point at the intersection of the East boundary line of North Port Avenue and the South boundary line of West Broadway Street South 66 deg. 02 min. East a distance of 237 feet; -5- THENCE on and along the South boundary. line of West Broadway Street North 88 deg. 05 min. East a distance of 227.6 feet; • THENCE South 88 deg. 07 min. East a distance of 32.1 feet. IX A pipeline 4 inches in diameter for the transportation of petroleum or petroleum products lying beneath a strip of land 6 inches in width extending across West Broadway Street at a point from a beginning point at the intersection of the North boundary line of West Broadway Street and the East boundary line of North Port Avenue, South 66 deg. 02 min. East a distance of 214.8 feet; THENCE on and along the West Broadway Street North boundary line North 89 deg. 34 min. East a distance of 243.5 feet; and the center of which strip of•land intersects a fence on the South boundary line at a point from a beginning point at the intersection of the South boundary line'of West Broadway Street and the East boundary line of North Port Avenue; South 66 deg. 02 min. East a distance of 237 feet; THENCE on and along the South boundary line of West Broadway Street North 88 deg. 05 min. East a distance of 227.6 feet; THENCE South 88, deg. 07 min. East a distance of 55;3,feet. X A group of pipelines lying beneath a strip of land 25 feet in width extending across West Broadway Street and containing one (1) pipeline 6 -5/8 inches in diameter; two (2)- pipelines 6 inches in diameter; one (1) - pipeline 2 inches in diameter; three (3) pipelines 8 inches in diameter; two (2)-pipe- lines 4 inches in diameter; and two (2) pipe- lines 12 inches in diameter; such pipelines being used by Southwestern Oil & Refining Company for the transportation of petroleum and petroleum products; and such strip of land intersecting a fence on the North boundary line of West Broadway Street between a point from a beginning point at the intersection of the East boundary line of North Port Avenue and the North boundary line of West Broadway Street South 66 deg. 02 min. East a distance of 214.8 feet; -6- ti THENCE ALONG THE N0RTH BOUNDARY,' LINE OF WEST BROADWAY STREET NORTH 89 DEG. 34 MIN. EAST A DISTANCE OF 276.4 FEET, AND A POINT FROM THE SAME BEGINNING POINT SOUTH 66 DEG. 02 MIN. EAST A DISTANCE OF 214.8 FEET; THENCE ALONG THE NORTH BOUNDARY LINE OF WEST BROADWAY STREET NORTH 89 DEG. 34 MIN. EAST A DISTANCE OF 305.4 FEET; AND SUCH STRIP OF LAND INTERSECTING A FENCE ON THE SOUTH BOUNDARY LINE OF WEST BROADWAY STREET BETWEEN A POINT FROM A BEGINNING POINT AT THE INTERSECTION OF THE SOUTH BOUNDARY LINE OF WEST BROADWAY STREET AND THE EAST BOUNDARY LINE OF NORTH PORT AVENUE SOUTH 66 DEG. 02 MIN. EAST A DISTANCE OF 237 FEET; THENCE ON AND ALONG THE SOUTH BOUNDARY LINE OF WEST BROADWAY STREET NORTH 88 DEG. 05 MIN. EAST A DISTANCE OF 227.6 FEET ; THENCE SOUTH 88 DEG. 07 MIN. EAST A DISTANCE OF 62 FEET, AND A POINT FROM THE SAME POINT OF INTERSECTION SOUTH 66 DEG. 02 MIN. EAST A DISTANCE OF 237 FEET; THENCE ON AND ALONG THE SOUTH BOUNDARY LINE OF WEST BROADWAY STREET NORTH 88 DEG. 05 MIN. EAST A DISTANCE OF 227.6 FEET; p THENCE SOUTH 88 DEG. 07 MIN. EAST A DISTANCE OF 86.2 FEET. UNDER THE FOLLOWING TERMS AND RESTRICTIONS, TO -WIT: FIRST: THE TERM OF TH6 GRANT SHALL BE FOR FIVE (5) YEARS FROM THIS DATE. SECOND: GRANTEE SHALL HAVE THE RIGHT TO UTILIZE AS MUCH OF THE RIGHT OF WAY OF SAID NORTH PORT AVENUE AND WEST BROADWAY STREET AS IS NECESSARY TO LAY, CONSTRUCT, OPERATE, MAINTAIN, REPAIR AND REMOVE SAID PIPELINE, BUT IT SHALL BE PLACED, LAID AND CONSTRUCTED IN SUCH MANNER ALONG THE CENTERLINE OF THE ROUTE HEREINABOVE DESCRIBED THAT IT WILL NOT INTERFERE WITH THE USE OF ANY OF SAID STREETS BY SAID CITY OR ITS INHABITANTS OR THE RIGHT OF ANY OTHER HOLDER OF A FRANCHISE OR RIGHT TO USE SUCH STREETS; AND 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. -7 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 THE CITY BE MADE TO CONFORM TO SUCH OTHER USES AS THE CITY OR ANYONE CLAIMING UNDER 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 IS ATTACHED HERETO AND MADE A PART HEREOF. A COPY THEREOF SHALL BE FILED IN THE OFFICE OF THE CITY DIRECTOR OF PUBLIC WORKS UPON COMMENCEMENT OF INSTALLATION SHOWING THE SIZE AND LOCATION OF VALVES AND THE DEPTH OF ALL INSTALLATIONS. THE USE TO BE MADE OF EACH PIPE LINE SHALL BE SHOWN ON SUCH PLAN WITH EACH PRODUCT OF PETROLEUM CONFINED TO A SPECIFIC PIPE LINE. 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 EACH OF SAID PIPE LINES, AND ALL REGULATIONS AS ARE IN EFFECT BY THE TERMS OF ANY STATE LAW OR CITY ORDINANCE OR AS MAY BE HERE- AFTER ADOPTED. SIXTH: GRANTEE 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 CONSTRUCTION, LAYING, MAINTENANCE, OPERATION, 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 HEREIN, MAY BE ASSIGNED BY THE GRANTEE HEREIN, AS WELL AS BY ALL SUCCEEDING GRANTEES AT -8- THEIR OPTION, OR THE RIGHTS OF SUCH GRANTEE 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 FOR- FEITURE CLAUSE OF ANY AGREEMENT BETWEEN SUCH PERSONS, IN WHICH CASE THE ASSIGNEE SHALL SUCCEED TO ALL OF THE RIGHTS, DUTIES AND LIABILITIES OF THE GRANTEE HEREUNDER. TENTH: BEFORE ANY OPERATIONS ARE CONDUCTED WITHIN ANY STREET RIGHT -OF -WAY, APPLICATION FOR A PERMIT SHALL BE MADE TO THE DIRECTOR OF PUBLIC WORKS AND A PERMIT OR PERMITS OBTAINED FOR SUCH WORK, INCLUDING THE CUTTING OF ANY STREETS, IF ANY CUTTING SHOULD BECOME NECESSARY. AFTER OPERATIONS HAVE BEEN COMPLETED, IN ACCORDANCE WITH THE PERMIT, THE STREET SHALL BE RESTORED TO ITS PREVIOUS CONDITION AT THE EXPENSE OF THE GRANTEE. IT I5 UNDERSTOOD THAT THE RIGHTS OF THE PUBLIC TO USE OF SAID STREETS SHALL BE PARAMOUNT AND THE GRANTEE SHALL AT ITS OWN EXPENSE, ADJUST OR RELOCATE ITS LINES WHEN MADE NECESSARY BY PUBLIC IMPROVEMENTS. ELEVENTH: A FAILURE UPON THE PART OF THE GRANTEE HEREIN, ITS SUCCESSORS OR ASSIGNS, TO OBSERVE THE TERM AND RESTRICTIONS OF THIS ORDI- NANCE, SHALL, AS CONTINUED OR PERSISTED IN AFTER DUE NOTICE IN WRITING 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. TWELFTH: WITHIN THIRTY (30) DAYS OF THE DATE OF FINAL PASSAGE OF THIS ORDINANCE, SOUTHWESTERN OIL & REFINING COMPANY SHALL FILE ITS WRITTEN ACCEPTANCE OF SAME WITH THE CITY SECRETARY, AND PAY A FEE OF DOLLARS TOGETHER WITH THE COSTS OF PUBLICATION REQUIRED BY THE CITY CHARTER AS A PART OF THE PROCEDURE OF GRANTING THIS EXTENSION OF FRANCHISE. THIRTEENTH: UPON THE PAYMENT OF FEES AND PUBLICATION CHARGES AND THE FILING OF THE WRITTEN ACCEPTANCE PROVIDED IN SECTION 3 HEREOF, THIS ORDINANCE SHALL IMMEDIATELY BECOME EFFECTIVE AS OF THE DATE OF ITS FINAL ADOPTION BY THE CITY COUNCIL. FOURTEEN: A COPY OF THIS ORDINANCE SHALL BE PUBLISHED IN THE CORPUS CHRISTI TIMES, THE OFFICIAL NEWSPAPER OF THE CITY OF CORPUS CHRISTI, -9- WITHIN FIVE (5) DAYS FOLLOWING EACH OF THE THREE READINGS OF THIS ORDI- NANCE, AND THE EXPENSE OF SUCH PUBLICATION SHALL BE BORNE BY THE GRANTEE. THAT THE FOREGOING ORDINANCE WAS D FOR THE TIME AN PASS/g�D 0 ITS SECOND READING ON THIS THE DAY OF 19 p , 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 ORDINA)E-WWS READ FO TO ITS THIRD READING ON THIS THE DAY OF jJ 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 FOR 1 G ORDINANCE FINALLY ON THIS THE 0, DAY OF THE FOLLOWING VOTE: ATT E SECONND A SED Gt c/ , 19 E AND PASSED , BY JAMES L. B7•NARD JAMES H. YOUNG JACK R. BLACKMON JosE R. DELEON M. P. MALDONADO W. J. ROBERTS W. H. WALLACE, JR. PASSED AND APPROVED, THIS THE g (g DAY OF CITY SECRET APPROVED AS T. LEGAL FORM THIS l r' DAY OF ),14 -144., 1i1 ,19 CITYE -�� THE CITY OF CORPUS CHRISTI, TEXAS INTER - OFFICE COMMUNICATION De t Public Works p lf. T. Ray Kring, City Secretary From Jack M. Graham, Director of Public Works Date 13 March 1964 Subject Request for Franchise - Southwestern Oil & Refining Company The Engineering Division has checked the application and attached drawings and recommends that the requested franchise be granted. The standard provisions should be made that application shall be made to the Director of Public Works for the actual permits for cutting of the streets when such becomes necessary, and that the public's interest shall be paramount and the applicant will be " obliged to adjust or relocate its lines when made necessary by public improve- ments. We are pleased to see that the applicant has made this step as we have always felt that a general franchise permitting this department to issue permits for work in the right of way is a much more businesslike procedure than it is to send each individual request to the Council for its approval. The actual locations have been visually inspected in the field and we find them to be apparently correct. We have taken the liberty of adding on the drawings for information purposes some existing City utilities. ACK M. GRAHAM Director of Public Works OLE:JG:ry Attachments 4 HAYDEN W. HEAD GERALD D. JAMES HEAD &,JAMES ATTORNEYS AT LAW WILSON TOWER CORPUS CHRISTI, TEXAS March 10, 1964 City Council of Corpus Christi City Hall Corpus Christi, Texas Re: Application for franchise Southwestern Oil & Refining Company. Attention: Mr. Ray Kring City Secretary Gentlemen: We enclose herein the application by Southwestern Oil & Refining Company for a franchise to lay, construct, maintain, repair and remove certain pipelines within the corporate limits of the City of Corpus Christi, Texas, lying beneath and extending across West Broadway Street and North Port Avenue. We respectfully request that this application be presented to the City Council at the earliest possible date and that the Council, by Ordinance, grant the franchise. When the City Council has taken its final action on this application, please present us with an invoice for the cost of publishing the full text of the Ordinance in some newspaper in the City. We request that we be furnished with a copy of the Ordinance as it is to be read and published. Very truly yours, MCK: HT - i ins eu4 Encls. MICHAEL C. KENDRICK, JR. cc: Mr. H. R. Sager Southwestern Oil & Refining Co. P. 0. Drawer 809 Corpus Christi, Texas PUBLISHER'S AFFIDAVIT STATE OF TEXAS, tss: County of Nueces. Before me, the undersigned, a Notary Public, this day personally came Laa11d at B.ar.1103 , who being first duly sworn, according to law, says that he is the Qlals .iiiad...Advertising...Manager 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 LEGAL -- AN ORDINANCE - grantinga franchise to Southwestern Qil 4 Refining.__,_ Co to lay,00nstruct - - -- certain pipeline -- --The Times of which the annexed is a true copy, was published in on the �3 day of March 19 64, and be'eXeretii 2 times thereafter frelf atbac... name1y ....March...27.,....Apri1 23,19611. 3 Times. 270.27 t; Iii fro'd Subscribed and sworn to before me this ,5 day of SC 0 dltkt .4:00g A471 1 •- •z :wcII L g i Louise viak ver —sing - Manager May 19 64 otary Public, Nueces County, Texas -71-7"-e", ]bLeaun Pe1R�y "xNliq n, ear zvr-wve^�m „jo Ysy- tad a AS; 'Trig g es-ia etameln•J tea¢ 121 dime 'south- dolry'.II7rt at tieetfr Port- ivi # ]60000 -In Md twe 'avenue' -Si Se-min. W Of plMlrnu T2 Inches-In wmW_ I 5450 ENCE' a 30 Inn 4 min; Wyyest �IEBaI 1 s a distdbce of -12 fee' .06,00$, North - 3 a fu etrip. of land ritbCSect, . •YorF Ayenw i0 a pr800 an the norM - eTt naatv)liia of Nnrih Port 00 fur,• _ _ Inp o fence On 14 North aumtary» �HENCE = 0, - 5s arin�-,{ Ilne t West 8r yry 311eot tr., it alp y 1, _ _ - tweed- tl PelaF +ftOm- O - bepinnl "' pf wo p Putt jwenua p 0.:04/0 i ai the tnteraecHOn of Ihe- Eagle,; yy- ' - - w -_- - "" tens. Rne t Harlh Porr to . , _ 1l I. � ', -,' - yWe-ana inn North boundorY_Ilu o! . )4" app d-5' 41 RllnRt 04070=.fiFROth,-- Weal Broadway meet Souther afl6 •drip of land apprexlmafeN= 157 ` Simla o4.i -1} dUfanca os'31t� feet In width extenang across North " THENCE er-- W,* Ziartfi Par' Avenue andsan0 I101 one ill - line 04 Welt 24 min. 00 001. 1, ',pipeline 10 Inches In dlemeter; three - - ,_North $4 deg. 14 min. East-a dls•? 50 781*. es 8 Inches In Connate. tans. et 276,6 feet, Intl a pat at-. and -a. II) ONO. 6 inches in from the me beginnle0 fed at (- rNOmeterf such pipelines 'being used " South a -dog 02 min, East,a alb, 00081 301' 111 ern Oh 8, Refining Cool.- - 'once of 214B feet, parry fs The ,101,0�7aartppatloaraf' pet THENCE alortp the North bWndarrO6tr -1,0,404%1 alop 1).,7701}6 Mrddand N Old '- tine of -Nest Broadway Street North- , - of North Porn 100,03.; afweon P r M 0`43- teetf 070 soohlstrl dal land, - -pain} the South auneta,y the .lnterse0/ing a tense o ine- 500111 . North 53 deg. 58 min, East of -a els• -boundary_ Ilne of West Broasv+OY= itanrb of 7767 07.0-0,000 qV beginning - Street between a point from G b.• �pIO0lnl of Ihe 1064 .000100 of 7}3,. 70Oh 777812 pulsR 048110 lneero,511a7 ad r ' bo ndoy' line of North P01-F-fsvo0ue - 'l le 500th aundar¢-Ile of West o,, - B rf 11050 3100Raflropp0 rt 07 7607-- : - Br0o0woy Street and 8110,0007 60570• , way, -end -d pelf an the 118 0 -dry wns.04NOrth P9rt -A0, letancOURr-- 6b dee5, min'. - 0190077,110? from th line of North Port Avenue - -egy NC t -Nam the- game 1t. Easpvoid: ' THENCE aPd along ho death I _North 53-02.2 6e - East E- -Street ry Ilne -of West 007. 0.05 I' THE of North 131 - - - -- street North 88 deg 05 min. '2_it 4- THENCE North 16 dsa. 30 bearing distance al South 88 en- fa too pol01 -0Fen moth ,7 1100 THENCE 5aeln ee ded. . 014 0, 00 lorlh 44 North -bo5ndary Il'O - ' 0080 A dletmtce of 62 1 705100-0 of North part AYe3SU : - . .0i11t Nam the a deg 70027. of -0,90 , THEN 81 305th or dbemideS line ctlon Spin bb deg. 02 min.- East -- 0,ll rt the North gun dory 117 distance of 2A d,•-• T?fee P-• - Avenue --- a d(.stystcr'of 1 trut :THENCE on' and_ 67670 _ode 114 fief. _ +••r. ,-,• . ;.' -SOUIh treat North hne 605_o'B Bioa0 IV.--, -moo 7,010 North 88 d6 6,00 Jilin: A rea0 of ,14 363 7,00 1lift!I 918— . Eas7 7CE610 once a9 Tlet feed ' i- 1 sling Of acrd 1t }eel 90 width 0X• EOM' 0E 50000 ✓0 0001 00 tnln -. fending - across Wean '8,612) - East 0 distance of -86.2 het: - espy 701 0 and containing diameters two 12) -under 70 iM lo-Wil' a turns- and re, 21,pna n Inches Ire dIn dia bra - FIRST, e t Iondeps (1)a I inches 10 0 0, In 10' - all he ors term 07 01 p at - ,meters 11) 0 983013 10 inches In aid-- hall 00 for five l5) Years }roof'" • meters- 010 '8811 601 used- this Cate. -,' Cayingany-for l -the llrr0nsppflatiotl�nof - 'right 0037ilise as much of the rightt -' • 4', 007611010,0ecwn3 1hem$ourth.6ad1dN19a04 - andw west &cadw01'58,001A .10" . Aloe "of West Broadway- 50}501 is. ' - necessary 30 icy, construct, 'OPe- -- 8wepn a point from 4 3)0gIMIng• at -- ale, maintain,' resole 5nd _remove, the -Intersection -of thret Egeett 'bound- ' told _pipeline, but It shun be Piecedy- thee 3870 Suth} boundary 110. tat ' West 77118 along ihsry <mfeifrnl ihe Broadway Street south 46, deg. a3 " mete hecelnaave described that if '. OIn End a ellstanca of 218 feet and nos Interfere With the use bf paint at O corner tense past 237 tf 074 any of sold tstreeto 0 • s Id -Cwt^= along the me hearing trent the er its Inhdbltaals or the right -of -same hellnning meld, and s0ch Stria prty other holder et a franchise 105 - of -land ,18160ectlg if -fence errtha right to use such streets} -and ttft'a North 711und0re line Of Wes} Breed. - ; _laving, - gansmuctl9ns ma10Ovpl -0, - Way Stfeet 7,1 03 i a from _ operation, repair end remevol of - -the Intersection f, the E?et'bpund• .'ipid pipe) 000. well as the - 011*' _.,dry line of North 4.4800 Porf-kveatie and farts on .7 p11ments. Amon ' Me- th North btu ptla 04766 t Wee1 -l0 11,0. an t all the be; ublect.; Broadway Street /oath 66 deg, 02' 111 the centre of the 'City 310 00, - min East a distance f yl4 feet,_ -of hte,Ct1y -Of Camas cnrlell In ar,' East u - la r.. deg• a/ min, : -der t?Yrot tdtepri0nh 6,0_10600;, to tae _... al 810,0_ ... rtlrf= afrtl`_ibe -pant from the , .B sante beginning Sdutrt - -- •Bc . -- 66 aeg.:0; min,- Boef -5_ . M" _:'--THIRDt- The 976 ,;vets 80,37 -,. WI 'T NC - - ..... - apemeer /- tel).0 atte.ts is Cartier- East THENCE N30. M be1108' ..- '- reserver/ Texas Ail rights of , ; a, distance at 3630 fdNr; _. "' ` her4cib -Texan: All di a grartall -,6 - = lierep sill be_subar 011 olpto -all. -i A-pTtp'Oe7lp fr.. topme. I diameter fa; - "0100 by -the Gtr ana 0006 uupp0 478• -_ the 710107 r0lo0 Mb,pe}' 52,000 and - fl00 by the-City M made,t. 1077 strip iofdlenddonoDfat r, w14111 hex, - or 007700p0101008010-uder 1717 City -• tendia 00,003 West BrOodawy Street = _, may-make of iuth 000.0s ar.pub• and" tersectln0 9' fence on the- ' Ira " right,bf -way • far public: uses. North boundary Ilne•of West _Broad., A Mao 6r plat f the x603, 0000. -, way oo ptcent a0 th-point nlersettldn- of the • - 3107 fattedt heefe }0 aOr _thm0. Street Parr" 8 North boundary Cho of West_Broad• _ hereof, hereto thereof ettell'be'filed, Way Street- and the East- boundary In the 0Nicq0,�of the City Direct00.af , r line of North -Port Avenue; -South Public -Wore, 0200 comMencelnmt. •6• deg 02 min. -East ff dl81an0 Of, at Installation showing the site_amt_ • 2178 feat, - , - •.S faction o) valves and the -death - THENC North B0, - en. 0I .fir _ -et all, installations. The use -801.6, ii East 0 distance of 110 0 feet and remade ,af each - pip. fine shell Intersecting- a fence -on =the Soot _ shown an mach plan 67th each prod= Street v Ile t West B00aawey - .001 of petroleum conned to ir spey-, t - Street at 0 ppo0int from 0 begln7M3 -. F I1ne -- . "point at the Intersection of the South - - FOURTH: TMs 00111 lee shall_ nail boundary fine -at West Broadway became stoat,' 7016 until a fee 0t -3150' Street and the East boundary line of -shall be paltl t0 the City 660__sr4 North Port Avenue, south 66 deg. - written etteptcn ce of 171 franchyt_ i2, min East 0 dist00W yyf.237'Mt_ -"'d livered t0 the City Secretary.. _'�4�I „...--02 Minh corner fence Kee - • Eprtes, ,700se 011011 1003 o Wltrt:l 1 THENCE North as 3,1 t0S 4116; • _Gut 9 11081ces Including , safely ,,;fast a dfsianq f 125,1 feet; ' meateteS concerning' 0001 Of sold` _ of - pipe , 4f nd dR r pulatl era 0s. -00 ptponop r otIon Ili troeurnr tar . . are trt w- or'py fh r terms C -a,qy '; the rs -lee 1 7809837 of 1, 31ene a d ' fiat. few- Or fly adopted,F tU -ass strip o1 8 04 0,10 000T in g b i dh ex- ' may M hGranter 'adopted, - a0di f land one foot ad width e - 3165 successors er 070 pay ta-yra74' nd-lp, s West , fence ,e sheet, 0,1 Its amages gad assigns, OM, - Noritt -Intersecting a" 7 We an the = eve all damages 11m O, "gro 103 *0t -70 300374 boundary II 3017 West 30600.7'- _ -70. 154SVlting 8)1* growing gal _10 7� 10011 -point 1 0l a hoist earn -p fie-'- 00 I7mons td t0. 0 eratio . Jvy phe Eta3 51 5 ary Ir ,00 Olorl _ .610, mall...1y _ 009 erathe- 10 .' 1116 nu et boundary 1rtt b Nortb -1147 - ^_ o,.roplaCemer, 00refoid 170- mO7de 0. Avenue 81 the NOrwt beer Saute- 0, 0700,' o4 ahand thrlo1is,1011 '06 =West BmadwaY- Sediel 60-oI. 1._835, upon,- and ihmu' ,1,, =26 deg: a t12 -mfr E01,Q- tl's}gn.. a4 ;above described Grantee • 2-TH /eel; - l- of it1 SEVENTH, Grantee S7MIf_ p160 p81 -THENCE - -North 2 d.0.- at' min, _ all- of ,s-lss'80 0 .1n -1707 ana of 1... dig distance l of ah ihs5,314 ana i -`066 1111 Id,mp'tn -t 0101707 00anneT- ,4 and_011I emolfee fee Gngff0 -00�1 dory Ilne -70 Ys''0 -Broadway SHOO - -6010 011 000,0070 esul 1000 from Ifs g 171, a po1n8 tr -qm a "be inning 7010 dt A,7IGHT ar:ll rig nf.670100= 1p�3 J?laisac'rw; of.t�t. sauth-yb6w� 3 -,. E1Gr171kj�A11 nym��t�_u7i,.mld' APPLICATION OF SOUTHWESTERN OIL & REFINING COMPANY_FOR A FRANCHISE TO LAY, CONSTRUCT, MAINTAIN, REPAIR AND REMOVE ,' PIPELINES - TO THE HONORABLE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: Now comes SOUTHWESTERN OIL & REFINING COMPANY and in accordance with Article VIII, Sections 1 -8 of the City Charter of Corpus Christi, Texas, herewith makes application for a franchise for a period of five (5) years to lay, construct, maintain, repair and remove pipelines lying and running under and across West Broadway Street and North Port Avenue within the corporate limits of the City of Corpus Christi, Texas, and in support of such application, would respectfully show the following: • I That SOUTHWESTERN OIL & REFINING COMPANY is the owner of the pipelines hereinafter described as lying beneath West Broadway Street and North Port Avenue. That such pipe- lines are used by your Applicant to transport petroleum, petroleum products and steam from one of its plants or terminals to another. II Attached to this application are two (2) surveys and plats marked for identification as "Exhibits A and B ", showing the exact location on -the surface of the ground of the proposed franchise and the pipelines contained therein. In addition, such pipeline franchise and the strips of land -1- containing same are more fully described as follows, to wit: EXHIBIT rrA". PIPELINES BENEATH NORTH -PORT AVENUE: A group of pipelines lying beneath and - within a strip,of land approximately 13 feet in width extending across North Port Avenue and containing four (4) pipelines 6 inches in diameter; four (4). pipelines 8 inches in diameter; one (1)- pipeline 4 inches it diameter; and one -(1) pipeline 2 inches in diameter; such pipelines being used by Southwestern Oil & Refining Company for the transportation of petroleum or petroleum products; and intersecting the North Port Avenue south boundary line between a point on.the south boundary line South 53 deg.- 58 min. West a distance_of 453.2 feet from a beginning point at the intersection of the south boundary line of North Port Avenue and the east boundary line of the Missouri Pacific Railroad right of way; and a point South 53 deg. 58 min. West a distance of 466.2 feet from the same beginning point; THENCE North 36 deg. 44 min. West a distance of 70 feet across North Port Avenue to a point on the north boundary line of North Port Avenue; THENCE North 53 deg. 58 min. East along the north boundary line of North Port Avenue a distance of 11.8 feet; II A group of pipelines lying beneath a strip of land approximately 9.5 feet in width extending across North Port Avenue and containing one (1) casing 8 inches in - diameter; one (1)- pipeline 6 inches in diameter; three (3) pipelines 8 inches in diameter; and one (1) casing 4 inches in diameter, such pipelines being used by Southwestern Oi1 & Refining Company for the transportation of petroleum and petroleum products; and intersecting the south boundary line of North Port Avenue between a point on the south boundary line South 53 deg. 58 min. West, a distance of 420.1 feet from the beginning point at the intersection of the south boundary line of North Port Avenue and the East boundary line of the Missouri Pacific Railroad right of way, and a point on the south boundary line of North Port Avenue-South'53 deg. 58 min. West a distance of 429.5 feet from the same beginning point; THENCE North 30 deg.' 2 min. West a distance of. 72 feet across North Port Avenue to a point on the north boundary line of North Port Avenue; - . THENCE North 53 deg. 58 min. East along the North boundary line of North Port' Avenue a distance of 9.5 feet. -, 111 A group of pipelines lying beneath a strip of land approximately' 15.7 feet in width extending across North Port - Avenue and containing one (1) pipeline 10' inches in diameter; three (3) pipelines 8 inches in diameter; and one (1) pipeline 6'inches in diameter; such pipelines being used by Southwestern Oil &'Refining Company for the transportation of petroleum and petroleum products; and intersecting the South boundary line of North Port Avenue between a point on the South boundary line North 53 deg. 58 min. East a distance of 376.6 feet from a beginning point of the inter- section of the South boundary line of North Port Avenue and.the East boundary line of the Missouri Pacific Railroad right of way, and a point on the South boundary line of North Port Avenue from the same beginning point; North 53 deg. 58 min. East a distance of 392.3 feet; THENCE North 16 deg. 5 min. East to the point where such bearing intersects the North boundary line of North Port Avenue; THENCE South 53 deg. 58 min. West along the North boundary line of North Port Avenue a distance of 14.9 feet. -3- EXHIBIT hB'r: - PIPELINES BENEATH WEST - BROADWAY STREET: IV A group of pipelines lying beneath a strip of land 21 feet in width extending across West Broadway Street, and contain- ing two (2) pipelines 6 inches in diameter; two (2) pipelines 4 inches in diameter; and one (1) pipeline 10 inches in diameter; such pipelines being used by Southwestern Oil & Refining Company for the transportation of petroleum and petroleum products; and intersecting the South boundary line of West Broadway Street between a point from a beginning at the intersection of the East boundary line of North Port Avenue and the South boundary line of West Broadway Street South 66 deg. 02 min. East a distance of 218 feet and a point at a corner fence post 237 feet along the same bearing from the same beginning point; and such strip of land intersecting a fence on the North boundary line of West Broadway Street between a point from_the intersection of the East boundary line of North Port Avenue and the North boundary line of West Broadway Street South 66 deg. 02 min. East a distance of 214.8 feet; THENCE North 89 deg. 34 min. East a distance of 15.23 feet; and point from the same beginning South 66 deg. 02 min. East a distance of 214.8 feet; THENCE North 89 deg. 34 min. East a distance of 36.23 feet. A pipeline 8 inches in,diameter for the transportation.of petroleum and petroleum products lying beneath "a strip, of land one foot in width extending across West Broadway' Street and intersecting a fence on the North boundary line:of West Broadway Street at a point from a beginning point at the intersection of the North boundary line of West Broadway' Street and the East boundary line of North Port Avenue; South 66 deg. 02 min. East a, distance of 214.8 feet; agc -4- THENCE North 89 deg. 34 min. East a distance of 113.8 feet and intersecting a fence on the South boundary line of West Broadway Street at a point from a beginning point at the intersection of the South boundary line of West Broadway Street and the East boundary line of North Port Avenue, South 66 deg. 02 min. East a distance of 237 feet, being a corner fence post; THENCE North 88 deg. 05 min. East a distance of 125.1 feet. VI A pipeline 4 inches in diameter for the transportation of petroleum and petroleum products, lying beneath a strip of land one foot in width extending across West Broadway Street and intersecting a fence on the North boundary line of West Broadway Street at a point from a begin- ning point at the intersection of the East boundary line of North Port Avenue and the North boundary line of West Broadway Street; South 66 deg. 02 min. East a distance of 214.8 feet; THENCE North 89 deg. 34 min. East a distance of 178.4 feet, and intersecting a fence on the South boundary line of West Broadway Street at a point from a beginning point at the intersection of the South boundary line of West Broadway Street and the East boundary line of North Port Avenue; South 88 deg. 02 min. East a distance of_237 feet; -- THENCE along the South boundary line of West Broadway Street North 88 deg. 05 min. East a distance of 185.4 feet. VII A group of "pipelines lying beneath a strip of land 14 feet in width extending across West Broadway Street and containing three (3) pipelines 6 inches in diameter and three (3) pipelines -8 inches in diameter; such pipelines being used by Southwestern Oil & Refining Company for the transporta- tion of petroleum and petroleum products; and intersecting a fence on the North boundary line of West Broadway Street between a point from a beginning point at the intersection of the East boundary line of North Port Avenue "and.the North boundary line of West Broadway Street South 66 deg. 02 min. East a distance of 214.8 feet; - 4- THENCE North 89 deg. 34 min. East a distance of 159.8 feet, and a point from the same beginning point South 66 deg. 02 min. East a distance of 214.8 feet; THENCE North 89 deg. 34 min. East a distance of 172.7 feet, and such strip of land intersecting a fence on the South boundary line of West Broadway Street between a point from a beginning point at the intersection of the South boundary line of West Broadway Street and the East boundary line of North Port Avenue South 66 deg. 02 min. East a distance of 237 feet; THENCE along the South boundary line of West Broadway Street North 88 deg. 05 min. East a distance of 223-.3 feet, and a point along the South boundary line of West Broadway Street from the same beginning point South 66 deg. 02 min. East 237 feet; THENCE along the South boundary line of.West Broadway Street North 88 deg. 05 min. East, a distance of 237.6 feet. - a VIII Two (2)pipelines lying beneath a strip of land 2.5 feet in width, extending across West Broadway Street and con- taining one (1) pipeline 8 inches in diameter and one (1) pipeline 4 inches in diameter; said 8,inch pipeline being used by Southwestern Oil & Refining Company for the transportation of petroleum and petroleum products and the 4 inch pipeline being used for the transportation of steam; and intersecting a fence on the North boundary line of West Broadway Street at a point from a beginning point at the intersection of the East boundary line of North Port Avenue and the North boundary line of West Broadway Street, South 66 deg. 02 min. East a distance of 214.8 feet; THENCE on and along the West Broadway North boundary line North 8-9 deg. 34 min. East a distance of 249.6 "feet, and such pipeline intersecting a fence on the South boundary line of West Broadway Street at a point from a beginning point at the intersection of the East boundary line of North Port Avenue and the South boundary line of West Broadway Street South 66 deg. 02 min. East a distance of 237 feet; -6- THENCE on and along the South boundary ' line of West Broadway Street North 88 deg. 05 min. East a distance of 227.6.feet; THENCE South 88 deg: 07 min. East a distance of 32.1 feet. IX A pipeline 4 inches'in diameter for the transportation of petroleum or petroleum products lying beneath a strip of land 6 inches in width extending across West Broadway Street at a point from a _ beginning point at the intersection of the North boundary line of West Broadway Street and the East boundary line of North Port Avenue, South 66 deg. 02 min. East a distance of 214.8 feet; THENCE on and along the West ,Broadway Street North boundary line North 89 deg. 34 min. East a distance of 243.5 feet; and the center of which strip of land intersects a fence on the South boundary line at a point from a beginning point at the intersection of the South boundary line of West Broadway Street and the East boundary line of North Port Avenue; South 66 deg. 02 min. East a distance of 237 feet; THENCE on and along the South boundary line of West Broadway Street North 88 deg. 05 min. East a distance of 227.6 feet; THENCE South 88; deg. 07 min. East a distance of 55.3 -feet. X A group of pipelines lying beneath a strip of land 25 feet in width extending across West Broadway Street and containing one (1) pipeline 6 -5/8 inches in diameter; two (2), pipelines 6 inches in diameter; one (1) pipeline 2 inches in diameter; three (3) pipelines 8 inches in diameter; two (2) pipe- lines 4 inches in diameter; and two (2) pipe- lines 12 inches in diameter; such pipelines being used by Southwestern Oil & Refining Company for the transportation of petroleum and petroleum products; and such strip of land intersecting a fence on the North boundary line of West Broadway Street between a point from a beginning point at the intersection of the East boundary line of North Port Avenue and the North boundary 'line of West Broadway Street South 66 deg. 02 min. East a distance.of 214.8. feet; THENCE along the North boundary line of West Broadway Street North 89 deg. 34 min. East a distance of 276.4 feet, and a point from the same beginning point South 66 deg. 02 min. East a distance of 214.8 feet; THENCE along the North boundary line of West Broadway Street North 89 deg. 34 min. East a distance of 305.4 feet; and such strip of land intersecting a fence on the South boundary line of West Broadway Street between a point from a beginning point at the ihtersection of the South boundary line of West Broadway Street and -the East boundary line of North Port Avenue South _66 deg. 02 min. East a distance of 237 feet; THENCE on and along the South boundary line of. West .Broadway Street North 88 deg. 05 min. East a distance of 227.6 feet;, THENCE South 88 deg. 07 mild. East a dis- tance of 62 feet, - and a point from the same point of intersection South 66 deg. 02 min. East a distance -of 237 feet; THENCE on and along the South boundary line °of -West Broadway Street North 88 deg. 05 min. East a distance of 227.6 feet; THENCE South 88 deg. 07 min. East a distance of 86.2 feet. WHEREFORE, premises considered, your Applicant requests that this City Council; within the time prescribed by the City Charter, enact a City Ordinance granting to SOUTHWESTERN OIL & REFINING COMPANY, its successors and assigns, a franchise for a period of five (5) years, to lay, construct, maintain, repair and remove the pipelines described herein and shown by "Exhibits A and B ", and further granting to SOUTHWESTERN OIL & REFINING COMPANY as much of the right of way of North Port Avenue and West Broadway Street as is necessary to lay, construct, - maintain, repair and remove such pipelines. Respectfully submitted, HEAD & JAMES 707- Wilson.Tower Corpus Christi, Tejcas BYy7l 0;ar¢vGec —s ER Attorney for SOUTHWE T N . OIL & REFINING COMPANY -8-