HomeMy WebLinkAbout07630 ORD - 07/07/1965vMP:6 /2/65 Y •
AN ORDINANCE
GRANTING A FRANCHISE TO HOUSTON PIPELINE COMPANY TO
LAY, CONSTRUCT, OPERATE, MAINTAIN, REPAIR, AND
REMOVE CERTAIN PIPELINES WITHIN SPECIFICALLY DESIGNATED
CROSSING LOCATIONS BY STREETS,
AT SAID DESIGNATEDPOINTS, FORTHE ROADS
TRANSPORTAAT HIGHWAYS
ON OF
PETROLEUM PRODUCTS INCLUDING GAS; SETTING FORTH THE
TERMS OF SAID FRANCHISE; PROVIDING FOR PUBLICATION;
AND SETTING FORTH OTHER PROVISIONS PERTAINING TO THE
FRANCHISE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. THAT HOUSTON PIPELINE COMPANY, A TEXAS CORPORATION,
WITH ITS PRINCIPAL OFFICE AND PLACE OF BUSINESS IN HOUSTON, HARRIS COUNTY,
TEXAS, BE AND IT IS GRANTED THE RIGHT IN THE CITY OF CORPUS CHRISTI TO LAY,
CONSTRUCT, OPERATE, MAINTAIN, REPAIR AND REMOVE ITS PIPELINE WITHIN THE
PUBLIC RIGHT OF WAY AT CROSSINGS OF PUBLIC RIGHT OF WAY OF STREETS, ROADS
AND HIGHWAYS AT THE FOLLOWING LOCATIONS:
SECTION "A"
KOSAR ROAD AT A POINT IMMEDIATELY WEST OF A SOUTHERN EXTENSION
OF TE MOST PORTH CROSSINGS FROM N THEN NORTHEAST U CORNERS OF THE P. LI.O AGEISTMAN
TRACT TO JOE BUCKHOLT TRACT.
SECT_ ION "B" „
TEXAS STATE HIGHWAY 44 AT A POINT WEST OF THC MOST WESTERN
LINE OF CORPUS CHRISTI INTERNATIONAL AIRPORT PROPERTY CROSS-
ING FROM A. C. KOCUREK PROPERTY TO THE SOUTHEAST CORNER OF
NELLIE ISENSEE FISCHER TRACT. ;
SECTION "C°
ALPINE ROAD IMMEDIATELY WEST OF THE EASTERN ENO OF ALPINE
ROAD CROSSING FROM NELLIE ISENSEE FISCHER TRACT TO THE JEWEL
LAWRENCE TRACT.
SECTION "D"
HUNTER LANE IMMEDIATELY EAST OF CLARKWOOD ROAD.
SECTION "E"
CLARKWOOD ROAD IMMEDIATELY ADJACENT TO SOMICO "SAXET" \
GASOLINE PLANT.
SECTION "F
STATE FM ROAD 763 AT A POINT OF APPROXIMATELY 395 FEET
SOUTH OF THE CENTERLINE OF THE TEXAS - MEXICAN RAILWAY,
UNDER THE FOLLOWING TERMS AND RESTRICTIONS, TO -WIT:
i
YV y.
7630
i
/636
4
.i'
FIRST: THE TERM OF THIS GRANT SHALL BE FIVE (5) YEARS.
SECOND: GRANTEE SHALL HAVE THE RIGHT TO UTILIZE, SUBJECT TO
APPROVAL OF THE DIRECTOR OF PUBLIC WORKS, SO MUCH OF THE RIGHT OF WAY OF
SAID PUBLIC STREETS AS IS NECESSARY TOYLAY� CONSTRUCT, OPERATE; USE,
MAINTAIN, REPAIR AND REMOVE SAID PIPELINES BUT IT SHALL BE PLACED LAID
AND CONSTRUCTED IN SUCH MANNER ALONG THE ROUTE DESCRIBED IN SAID PLANS
SO THAT IT WILL NOT INTERFERE WITH THE USE OF ANY OF SAID STREETS BY
SA10 CITY OR ITS INHABITANTS, OR ANY PIPELINE OF THE CITY OR ANY DRAINAGE -
WAYS OF THE CITY OR OF THE INSTALLATIONS OF ANY OTHER HOLDER OF A FRANCHISE
OR RIGHT TO USE SUCH STREETS; AND THE LAYING, CONSTRUCTION; MAINTENANCE,
OPERATIONS 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, AND THE SUPERVISION
OF THE DIRECTOR OF PUBLIC WORKS OF THE CITY OF CORPUS CHRISTI, IN ORDER TO
PROTECT THE RIGHTS AND CONVENIENCE OF 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 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.
FOURTH: THIS FRANCHISE SHALL NOT BECOME EFFECTIVE UNTIL A FEE
OF o 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 PIPELINES 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 GRANTORS ITS SUCCESSORS AND ASSIGNS,
KIND WHATEVER RESULTING FROM, GROWING OUT OFD
ANY AND ALL DAMAGES OF ANY
OR INCIDENT TO THE CONSTRUCTION, LAYING, MAINTENANCE, OPERATION, REPAIR,
REMOVAL, CHANGING THE SIZE OF OR REPLACEMENT OF SAID PIPELINE UNDER,
UPON, OVER AND THROUGH THE ABOVE DESCRIBED LAND.
THE GRANTEE WILL REPAIR AND RESTOREGALL STREETS AND ALL DAMAGE
CAUSED BY CONSTRUCTION OR MAINTENANCE OF THE PIPELINE. THE PIPELINE SHALL
HAVE AT LEAST 30 INCHES OF EARTH COVER. THE GRANTEE SHALL ERECT MARKERS
ON BOTH SIDES OF STREET WHERE PIPELINE CROSSES A STREET. -
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 SAJD 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. ALL RIGHTS
GRANTED SHALL BE SUBORDINATE TO ALL USES BY THE CITY AND SHALL, UPON
NOTICE BY THE CITY, CONFORM TO SUCH USES AS THE CITY MAY MAKE OF SUCH
STREETS FOR PUBLIC PURPOSES.
SE, AS WELL AS THE RIGHTS HEREIN MAY BE
NINTH: THIS FRANCHI
ASSIGNED BY THE GRANTEE HEREIN, AS WELL AS BY ALL SUCCEEDING GRANTEES AT
HEREIN MAY BE
THEIR OPTION, OR THE RIGHTS OF SUCH GRANTEE OR SUCCESSORS
TRANSFERRED UNDER FORECLOSURE PROCEEDINGS OR BY JUDICIAL SALE, OR MAY BE
BY THE OPERATION OF A FORFEITURE
TRANSFERRED FROM ONE HOLDER TO A THIRD PARTY
CLAUSE OF ANY AGREEMENT BETWEEN SUCH PERSONS IN WHICH CASE THE ASSIGNEE
SHALL SUCCEED TO ALL OF THE RIGHTS, DUTIES AND LIABILItlI,ES 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 IS UNDERSTOOD THAT THE RIGHTS OF THE PUBLIC TO USE OF SAID STREETS SHALL
E SHALL AT ITS OWN EXPENSE, ADJUST OR RELOCATE
BE PARAMOUNT AND THE GRANTE
ITS LINES WHEN MADE NECESSARY BY PUBLIC IMPROVEMENTS.
-3-
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 70 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, HOUSTON PIPELINE COMPANY SHALL FILE ITS WRITTEN ACCEPT-
ANCE OF SAME WITH THE CITY SECRETARYI AND PAY A FEE OF b m
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 FOURTH PARAGRAPH HEREOF, .
THIS ORDINANCE SHALL IMMEDIATELY BECOME EFFECTIVE AS OF THE DATE OF ITS
FINAL ADOPTION BY THE CITY COUNCIL,
FOURTEENTH: A COPY OF THIS ORDINANCE SHALL BE PUBLISHED IN THE
CORPUS CHRISTI TIMES, THE OFFICIAL NEWSPAPER OF THE CITY OF CORPUS CHRIST12
WITHIN FIVE (5) DAYS FOLLOWING EACH OF THE THREE READINGS OF THIS ORDI-
NANCE, AND THE!XPENSE OF SUCH PUBLICATION SHALL BE BORNE BY THE GRANTEE.
>s,
L .
s
THAT THE FOREGOING ORDINANCE WAS R FOR THE FIR T IME AND '
7 PAS ED O ITS SECOND READING ON THIS THE
DAY OF
BY THE FOLLOWING VOTE:
DR. MCIVER FURMAN
JACK BLACKMON
a PATRICK J. DUNNE
DR. P. JIMENEZ, JR.
s KEN MCDANIEL
RONNIE SIZEMORE
WM. H. WALLACE
. THAT THE FOREGOING ORDINA C WAS READ FOR j HE SECON IME'A�9 PASSED
{ DAY OF \ `/'
TO ITS THIRD READING ON THIS THE
BY THE FOLLOWING VOTE:
DR. MCIVER FURMAN
JACK BLACKMON _
PATRICK J. DUNNE 'P
DR. P. JIMENEZ, JR. - 22-IT -- ---
KEN MCDANIEL __ /�!'d� /�/L --X`
RONNIE SIZEMORE d,
WM. H. WALLACE
THAT THE FOR ORDINANCE WAS EAD R THE T,oRD EN BYPTHEED
ING
FINALLY ON THIS THE
DAY OF
FOLLOWING VDTE: ,
Y;
DR. MCIV FURMAN
JACK BLACKMON
PATRICK J. DUNNE
,
DR. P. JIMENEZ, JR.
KEN MCDANIEL
RONNIE SIZEMORE
WM. H. WALLACE /
PASSED AND APPROVED, THIS THE
DAY OF
ATTEST:
CITY SEC 4ARY
a AP PROVED AS TO LE L F RM THIS '9! �i
DAY OF _,
--r--
THE CITY OF CORPUS CHRISTI, TEXAS
. CIYYi�A_TT+�O- EY �
EBG /fd
7/9/65
THE STATE OF TEXAS j KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF HARRIS )
•
That Houston Pipe Line Company, a Texas corporation with
.%k- Texas does hereby
offices in the City of Houston, Harris County, ,
accept all of the terms and provisions of that certain'Ordinance
No. 7630, finally passed and approved by the City of Corpus Christi
on July 7, 1965, granting a franchise to Houston Pipe Line Company
for a term of five (5) years from and after the effective date of
such ordinance following such final passage thereof, all of which
fully appears of record in the official records of the City of
Corpus Christi, Texas, to which records reference is, here made.
. IN WITNESS WHEREOF Houston Pipe Line Company has caused
this Certificate of Acceptance to be signed by its vice -- president
and attested by its secretary this 9th day of July, 1965.
HOUSTON PIPE LINE COMPANY
ATTEST: �f�}���
By
Assistant'Secre ary Vice resident
Receipt of the foregoing Acceptance qf1yranchise is
hereby acknowledged this the
—& day of 1965•
0
APPROVED AS TO LEGAL FORM:
City ^Atto5?ney✓