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Home My WebLink About07745 ORD - 10/06/19659/1/65 A. r AN ORDINANCE GRANTING A FRANCHISE TO COASTAL STATES GAS PRODUCING COMPANY TO LAY, CONSTRUCT, OPERATE, MAINTAIN, REPAIR AND REMOVE A CERTAIN PIPELINE WITHIN THE SPECIFICALLY DESIGNATED LOCATIONS BENEATH, ALONG AND ACROSS CERTAIN STREETS, ROADS AND AVENUES, MORE FULLY DESCRIBED HEREINAFTER, FOR THE TRANSPORTATION OF LIQUID PETROLEUM PRODUCTS; SETTING FORTH CERTAIN TERMS OF SAID FRANCHISE; PROVIDING FOR FORFEITURE OF FRANCHISE UNDER CERTAIN CONDITIONS; PROVIDING FOR PUBLICATION; AND SETTING FORTH OTHER PRO- VISIONS PERTAINING TO THIS FRANCHISE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT COASTAL STATES GAS PRODUCING COMPANY, A TEXAS CORPORATION WITH ITS PRINCIPAL OFFICE AND PLACE OF BUSINESS IN CORPUS CHRISTI, TEXAS, BE AND IT IS HEREBY GRANTED THE RIGHT IN THE CITY OF CORPUS CHRISTI TO LAY, CONSTRUCT, OPERATE, MAINTAIN, REPAIR AND REMOVE ONE 2" I.D. PIPELINE ALONG THE FOLLOWING ROUTE: BEGINNING AT A POINT IN THE WEST RIGHT OF WAY LINE OF NAVIGATION BOULEVARD SAID POINT BEING 1175 FEET SOUTH ALONG SAID LINE FROM THE SOUTH RIGHT OF WAY OF INTER- STATE HIGHWAY 37; • i THENCE EASTERLY AND FIVE FEET INSIDE THE NORTH RIGHT OF WAY LINE OF SAVAGE LANE A DISTANCE OF 1080 FEET AND ACROSS SAVAGE LANE TO A POINT OF ANGLE TO THE LEFT; THENCE NORTHERLY AND FIVE FEET INSIDE THE EAST RIGHT OF WAY LINE OF SAVAGE LANE A DISTANCE OF 680 FEET TO A POINT OF ANGLE TO THE RIGHT; THENCE EASTERLY A DISTANCE OF FIVE FEET TO A POINT IN THE EAST RIGHT OF WAY LINE OF SAID STREET, SAID POINT BEING 280 FEET SOUTH ALONG SAID LINE FROM THE SOUTH RIGHT OF WAY LINE OF INTERSTATE HIGHWAY 37; ALL OF SAID ROUTE BEING AS SHOWN ON THE PLANS FILED WITH THE DIRECTOR OF PUBLIC WORKS OF THE CITY OF CORPUS CHRISTI AND BEARING PUBLIC WORKS ENGINEERING DIVISION FILE No. , UNDER THE FOLLOWING TERMS AND RESTRICTIONS, TO -WIT: FIRST: THE TERM OF THIS GRANT SHALL BE FIVE (5) YEARS. c 71745' • 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 TO LAY, CONSTRUCT, OPERATE, USE, MAIN- TAIN, REPAIR AND REMOVE SAID PIPELINE, 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 SAID CITY OR ITS INHABITANTS OR ANY PIPELINE OF THE CITY OR ANY DRAINAGEWAYS 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, 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 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 BEARING PUBLIC WORKS ENGINEERING DIVISION FILE No. IS MADE A PART HEREOF BY REFERENCE. FOURTH: THIS FRANCHISE SHALL NOT BECOME EFFECTIVE UNTIL A FEE OF $.114-1?-4' ✓ /icij,- 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 LAN OR CITY ORDINANCE OR AS MAY BE HERE - AFTERADOPTED. SIXTH: GRANTEE WILL PAY TO GRANTOR, ITS SUCCESSORS, AND ASSIGNS, ANY AND ALL DAMAGES OF ANY KIND WHATEVER RESULTING FROM, GROWING OUT OF, OR t� INCIDENT TO THE CONSTRUCTION, LAYING, MAINTENANCE, OPERATION, REPAIR, REMOVAL, CHANGING THE SIZE On OR REPLACEMENT OF SAID PIPELINE UNDER, UPON, OVER AND THROUGH THE ABOVE DESCRIBED LAND. THE GRANTEE WILL REPAIR AND RESTORE ALL 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 STREETS 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 SAID RIGHT OF WAY FOR THE PURPOSES AFORESAID, OR ANY OTHER RIGHTS HEREUNDER, SHALL CEASE AND TERMI- NATE IF SAID PIPELINE 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 RR,PUBLIC PURPOSES. NINTH: THIS FRANCHISE, AS WELL AS THE RIGHTS HEREIN, 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 PRO'CEED INGS 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 GRANTEE SHALL NOT BE RELIEVED ANY. RESPONSIBILITY HEREUNDER BUT THE ASSIGNEE SHALL SUCCEED TO ALL OF THE RIGHTS, DUTIES AND LIABILITIES OF THE GRANTEE HEREUNDER. SUCH RIGHTS OF SUCCESSOR SHALLNOT BE EFFECTIVE UNTIL AN INSTRU- MENT EVIDENCING THE TRANSFER HAS BEEN FILED WITH THE CITY SECRETARY. WHEREVER A DESIGNATED FARM TO MARKET ROAD OR STATE HIGHWAY OR U. S. HIGHWAY OR INTERSTATE HIGHWAY IS CROSSED OR FORMS PART OF THE ROAD OR PIPELINE FOR WHICH THIS FRANCHISE I5 GRANTED, THE GRANTEE SHALL OBTAIN THE NECESSARY APPROVAL FROM THE TEXAS HIGHWAY DEPARTMENT FOR ANY WORK ON OR USE OF THE RIGHT OF WAY CF SAID ROAD OR HIGHWAY. -3- • AT ALL POINTS WHERE A CROSSING IS MADE OF EXISTING PAVEMENT, A BORING OR CASING OF THE PIPELINE INSTALLED UNDER THIS FRANCHISE SHALL BE DONE BY THE GRANTEE UNLESS EXPRESS APPROVAL IN WRITING IS OBTAINED BY THE DIRECTOR OF PUBLIC WORKS OF THE CITY. 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 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; THE USE OF THE WORDS "PIPE" OR "PIPELINE" SHALL INCLUDE THE PLURAL AS WELL AS THE SINGULAR. TWELFTH: WITHIN THIRTY (30) DAYS OF THE DATE OF FINAL PASSAGE OF THIS ORDINANCE, COASTAL STATES GAS PRODUCING COMPANY SHALL FILE ITS WRITTEN ACCEPTANCE OF SAME WITH THE CITY SECRETARY, AND PAY A FEE OF Cr>t 7 7 0 TOGETHER WITH THE OSTS OF PUBLICATION REQUIRED BY THE CITY CHARTER AS A PART OF THE PROCEDURE OF GRANTING THIS FRANCHISE. THIRTEENTH: UPON THE PAYMENT OF LEES 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 CHRISTI, WITHIN FIVE (5) DAYS FOLLOWING EACH OF THE THREE READINGS OF THIS al DINANCE, AND THE EXPENSE OF SUCH PUBLICATION SHALL BE BORNE BY THE GRANTEE. iff a THAT THE FOREGOING ORDINANCE WAS R AD FOR THE FIRS PASS/p ITS SECOND READING ON THIS THE �� DAY OF 19 W , BY THE FOLLOWING VOTE: DR. MCIVER FURMAN JACK BLACKMON PATRICK J. DUNNE DR. P. JIMENEZ, JR. KEN MCDANIEL RONNIE SIZEMORE WM. H. WALLACE f THAT THE FOREGOING ORDINA WOE WAS READ FOR T P SE 4 TIME AND PASSE TO ITS THIRD READING ON THIS THE DAY OF BY THE FOLLOWING VOTE: DR. MCIVER FURMAN JACK BLACKMON PATRICK J. DUNNE DR. P. JIMENEZ, JR. KEN MCDANIEL RONNIE SIZEMORE WM. H. WALLACE THAT THE FORE ,'DING ORDINANCE R FINALLY ON THIS THE" („ DAY OF (7, FOLLOWING VOTE: ATTEST: DR. MCIVER FURMAN JACK BLACKMON PATRICK J. DUNNE DR. P. JIMENEZ, JR. KEN MCDANIEL RONNIE SIZEMORE WM. H. WALLACE PASSED AND APPROVED, THIS THE C TY SE 'ET -RY APPROVED AS TO LEGAL FOR IS DAY OF v 19 (, • FOR THE THIR TI. AND PASSED 19 (MF 3 , BY THE DAY OF OR THE CITY OF CORPUS CHRISTI, TEXAS rsigned, a Notary Public, this day personally c who being first duly sworn, according to la ;er of the Corpus Christi Caller and The C Christi, Texas, in said County and State, and th & franohise to Coastal Stgtea Qaa is published in ......... The ,imes .. ............................... _.. 19..6 -. ands- .2...timea ....... thereaft Lt, October 7,1965 01:1 t a �ave t;ls ng -e me this 19 day of Ootob otary Public, Nueces C ,row7i error abd Via* Rm 1' 4 'USE WANT AD;'.7-.74k PUBLIC OF YOUR VAC Al. Lego's NtNOTICE TO CONTRACTORS eldreriger'V., Cotriodot° Nueces County, Texas, for furnish Mg bored, mbar, anti materials far • Me construction of fhe follow! .0011 de FCT1 frct; PrmedC1.1111. 05,51 rode of Misc. Roads Soutneum df nobs. tnwttin pregneilo4. In Nueco coua,.exml6., i the office of Bryon Vestal, County Purchasing Agent, County Court. ilrer A.CX:pgtfoCalli,11;g7,1511- cordonce with this notice, spectal in. •tructions to bidders, proposals, egrre:0111a'sagiVen'atilfrEnr. of. Nueces County, County Coon hods., Corpus arts% Texas, and ttitiltrimtigY rgtckIdeirICI by the County Commissioners' and awards of contracts made as soon 03 thereafter as practicable. A financial statement from the bidder 50005 be flied with the County Aortal:1r of Nuems County, Texas at least three (3) days prior to the opening of bids. This statement must be audited and certified to by a Certified Public Accountant, or a Public Accountant, and It shall be made on forms furnished by Hueco County,-Texas, or similar forms gly. In. the some Identical Information. blds 55,590.00 or less shall not re- quire a fIntnictal statement. A certified or <ashlers' check, or em acceptable bidder's bond pay- able without recourse to Noah Ken- nedy, Jr., County Judge of 500000 14'7"ctArt gl,`,"Zit bitl ;herr IT=areOccalh abolgr'alt? sgr ',TA; will promptly enter inta a contract .00 execute performance bond for One Hundred (150501 Per Cent of the Contract price, and also execute a Payment Pond for One Hundred (10051) Per Cent of the contract price, guaranteeing the payment of aI labor and mascot,' bias. Plans, Specifications, Proposal Forms, Special Instruction to Bid- ders, bond. and Contract forms may be seen and examlned at the office a! J. R. Laurence, County Engineer, Nueces County. Proposal forms may be obtalned born the County Engl. neees, office. Ttes County reserves the right to relect any or all bids, to waive any or all formalities, except the County cannot accept a proposal after the clone hour advertised, and to MOk, award ot contract ■In accordance wKis ''Speclol Notice and Instr.. lions to Bidders.. 5001504 p5505000 00 iivnTnedbIg4d `g: Voirdo% 47'raTe'nof hptriorwgg% time shun be In conformity Yam the provisions of Article 3109a, Vernon's Annotated Ivil Statutes of Texas and Nueces County has ascertained and set forth In the proposal the I 00050 005,5, for each craft or type ut workman or mechanic needed to execute the WOrk on the above "VPrw :rigl"fi: 100.1155 o idVtag 10. 100050 g performed, and fin COntractor shall Pan not kss than these wage r0103 as shown .0 the proposal for eoch croft or type of laborer, workman r.r. mechanic employed on the we- ed. It Is ihe Wish 05 51,, County mrhissionees Court that Jowl la- bor 51, amen the preference When. ever available. sticklers are Invited fa be present r.gr.anInyr and reading of the pro. itoigy VieZtrVbasing 057.14 ln A2. Lodge Notices • INDEPENDENCE LODGE NO. 1337 Yi Te 4 • A , F - • '••• : A • T ; Tko • • w, • "fren ; 4 ••••` e. • THAT THE FOREGOING ORDINANCE WAS R AD FOR THE FIRS TIME/ N PASS ,T9 ITS SECOND READING ON THIS THE p' DAY OF 4_1f 19 ) , BY THE FOLLOWING VOTE: DR. MCIVER FURMAN JACK BLACKMON PATRICK J. DUNNE DR. P. JIMENEZ, JR. KEN MCDANIEL RONNIE SIZEMORE WM. H. WALLACE X THAT THE FOREGOING ORDINA WAS READ FOR T SEA._ TIME AND P SE,. TO ITS THIRD READING ON THIS THE DAY OF �j�_L /�� , 19 . BY THE FOLLOWING VOTE: DR. MCIVER FURMAN JACK BLACKMON PATRICK J. DONNE DR. P. JIMENEZ, JR. KEN MCDANIEL RONNIE SIZEMORE WM. H. WALLACE THAT THE FOREGOING ORDINANCE •'FINALLY ON THIS THE DAY OF FOLLOWING VOTE: ATTEST. FOR THE THIRI9peTIALAND PASSED , 19 3 , BY THE DR. MCIVER FURMAN JACK BLACKMON PATRICK J. DUNNE DR. P. JIMENEZ, JR. KEN MCDANIEL RONNIE SIZEMORE WM. H. WALLACE PASSED AND APPROVED, THIS THE APPROVED AS TO LEGAL alMrIHIS / DAY OF , 1945- . CI TY'ATTORNEY DAY OF OR THE CITY OF CORPUS CHRISTI, TEXAS c CL.,77y,5 STATE OF TEXAS, County of Nueces. }BS: PUBLISHER'S AFFIDAVIT Before me, the undersigned, a Notary Public, this day personally call LelaanR.d G, Barnes 'r C1as .sified_.,AdII.ertiaing...Manager of the Corpus Christi Caller and The C Daily Newspapers published at Corpus Christi, Texas, in said County and State, and th LEGAL - -An Ordinanoe-- Grantin& franohise to Coastal States Gas- who being first duly sworn, according to law of which the annexed is a true copy, was published in Yon day of Sflptexoktsr....19..6.55-., and t..2...times thereaft L -` --name g--- Septemher - -d,4, October 7,1965 '` % Times. 4:131,82 °Crfrr :° C1a i f Subscribed and sworn to before me this 19 _ The Times Louise Viok F- < 1 JiA7(i•: day of V8T''��B�Tig October GRANTING OADiFRANCHISE TO COASTAL STATES GAS PRODUC, ING COMPANY TO, LAY, ,CON- STRUCT, OPERATE, MAINTAIN, REPAIR AND REMOVE A CER- TAIN PIPELINE WITHIN THE SPECIFICALLY DESIGNATED LO. ER, FOR THE TRANSPORTATION OF LIQUID PETROLEUM PRO- DUCTS: SETTING FORTH CER- TAIN TERMS OF,SAIO FRANC CHISE; PROVIDING FOR FOR- FEITURE OF FRANCHISE UN- DER CERTAIN CONDITIONS; PROVIDING FOR PUBLICA- TION; AND SETTING FORTH OTHER PROVISIONS PERTAIN- ING TO TH15 FRANCHISE. RE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COR- PSECTIONS1., Thal ACoastal States Gas Predusng Company, a Texas carporotlon with Its 701,01pa) 0(3(0, and'Pplace of business In Carpus Christi, Texas, be and e 3he e y granted Me Cs olntaln,ar,pooirond move bwinG0, r1 D0,: ohoeune along the fol. RBpi' nl o,�t a point In the West h o erg f Navlaatlon Boulevard sold point being 1175 feet South along sold line from the South right of way of Inter- state Highway 37; Thence Easterly and five feet in. side the North right of way Ilea of Swage Lane a distance of 1090 feet and across 5avoge Lane to a Thence /Northerly to. the flue feet In- gle:, f Swarm East la hdistends of !Ina feet to a point of angle to Me right: Thence Easterly a distance of flvs feet to a point In the East right of Way line of said street, said point being 290 feet South along said Ilne from the South right of way line All afniT:I:itel aeln9 g'hovm on the plans files IM Me Dlrenor f Public Works of the Ciry of Cor- pu Christi ad bmring Public Works Engler the Divlalon Flit No. under the fallowing terms otary Public, Nueces Co' FIRST�riThe term of this grant IWill be five (5) years. SECOND: Grantee shall hwe the right to utilize, subject to approval of Me Wed*, of Public Works so much of the rl3ht of way of solo public streets as is necessary to lay,, repoeruct, operate, a Intern, `/ antl ra'--- saltl use, but 'R September 2, 1965•' z. Corpus Chriiti•CaU1er- Times Pub. -,C0 ' Classified Department. - 820 N. Btoadway - - - Corpus Christi, Teuei Gentlemen: i.. . ^'Serewith,is',a copy of,,an ordinance With reference,to the granting'of a franchiee'to Coastal States Gat P ucin .,Company,-which you will.kindly publish- eptember 4 ' tember 10 and October -7, 1965. Alter the second an al reading and prior to the last, two,publicationa; we will advise you of the -