HomeMy WebLinkAbout08844 ORD - 04/24/1968&/22/68 •
AN ORDINANCE
PROVIDING FOR THE ISSUANCE OF REVOCABLE PERMITS BY THE
CITY PETROLEUM SUPERINTENDENT AUTHORIZING THE PERMITTEE
TO DISPOSE OF WASTE WATER AND MATERIALS FROM OIL WELL
PRODUCTION INTO THE BORROW PITS ALONG CITY STREETS AND
ROADS AND INTO AND THROUGH PUBLIC DRAINAGE DITCHES;
PROVIDING REGULATIONS REGARDING THE OBTAINING OF SUCH
PERMITS.
WHEREAS, CERTAIN OIL WELL OPERATORS DESIRE TO DISCHARGE THE WASTE
WATER AND MATERIALS FROM CERTAIN OIL WELL PRODUCTIONS WITH THE CITY OF CORPUS
CHRISTI INTO THE BORROW PITS ALONG CITY STREETS AND ROADS AND INTO AND THROUGH
PUBLIC DRAINAGE DITCHES; AND
WHEREAS, THE RAILROAD COMMISSION OF TEXAS HAS PROVIDED FOR TEMPORARY
PERMITS FOR SUCH DISPOSAL OF WASTE WATER MATERIALS, CONDITIONED UPON THE PRIOR
OBTAINING OF PERMISSION FROM THE CITY OF CORPUS CHRISTI TO USE THE BORROW PITS
OF ITS STREETS AND ROADS:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. THAT IT IS UNLAWFUL FOR ANY PERSON TO DISCHARGE INTO THE
BORROW PITS OF ANY STREET OR ROAD, OR INTO THE RIGHT OF WAY OF ANY PUBLIC STREET,
ALLEY OR ROAD, OR INTO ANY PUBLIC DRAINAGE DITCH, ANY WASTE WATER MATERIAL, BRINE
OR ANY MATERIAL DISCHARGED FROM THE PRODUCTION OF ANY WELL OR PRODUCED FROM
REWORKING OR ATTEMPTING TO OBTAIN PRODUCTION OF OIL OR GAS FROM ANY WELL, OR TO
PERMIT ANY SUCH MATERIAL, WATER OR WASTE WATER TO BE DISCHARGED INTO THE RIGHT
OF WAY OF ANY PUBLIC STREET, ROAD, ALLEY OR THE BORROW PITS THEREOF, OR ON OR
ALONG ANY CURB OR GUTTER OF ANY STREET, ROAD OR ALLEY, OR INTO ANY PUBLIC DRAIN-
AGE DITCH, UNLESS A REVOCABLE EASEMENT IS OBTAINED FROM THE CITY, AS HEREINAFTER
AUTHORIZED.
SECTION 2. UPON WRITTEN APPLICATION TO THE CITY PETROLEUM
SUPERINTENDENT OF THE DEPARTMENT OF PUBLIC WORKS GIVING SUFFICIENT INFORMATION
TO ENABLE HIM TO PREPARE A REVOCABLE EASEMENT ON THE FORM ATTACHED TO THIS
ORDINANCE AND MADE A PART HEREOF AND DESIGNATED AS EXHIBIT °A ", A REVOCABLE
EASEMENT MAY BE OBTAINED.
SECTION 3. UPON THE FURNISHING OF THE INFORMATION REQUIRED BY THE
PRECEDING SECTION AND THE PAYMENT OF A FEE OF $25.00 PER WELL, AND THE DELIVERY
TO THE CITY PETROLEUM SUPERINTENDENT OF A BOND INDEMNIFYING THE CITY AGAINST
ALL CLAIMS FOR DAMAGES BY REASON OF THE USE OF THE PUBLIC STREETS, ROADS
OR ALLEYS FOR THE PURPOSES LISTED IN SAID PERMIT, WHICH BOND SHALL BE
IF /
G
IN THE PRINCIPAL SUM OF AT LEAST $25,000.00 FOR ANY PERSONAL INJURIES AND
AT LEAST $10,000.00 FOR ANY PROPERTY DAMAGES OR IN LIEU OF SUCH BOND,
A PUBLIC LIABILITY INSURANCE POLICY INCLUDING THE CITY OF CORPUS
CHRISTI AS THE INSURED AGAINST ANY CLAIMS FOR THE PERSONAL INJURIES
IN THE AMOUNT OF AT LEAST $25,000.00 AND PROPERTY DAMAGE IN THE AMOUNT
OF AT LEAST $10,000.00. SAID BOND OR INSURANCE SHALL BE FROM A COMPANY
AUTHORIZED TO DO BUSINESS IN TEXAS AND SHALL NAME AN AGENT FOR SERVICE
IN NUECES COUNTY TEXAS) AND SHALL BE KEPT IN FORCE DURING THE LIFE OF
SUCH REVOCABLE EASEMENT.
SECTION 4. ALL REVOCABLE EASEMENT HOLDERS SHALL KEEP THEIR
FACILITIES IN ACCORDANCE WITH THE REQUIREMENTS OF THE RAILROAD COMMISSION
OF TEXAS TO PREVENT ANY POLLUTION OF THE PUBLIC WATERS OF THIS STATE
AND TO PREVENT DAMAGE TO PROPERTY AS A RESULT OF THE DISCHARGE OF SUCH
WASTE WATER MATERIAL INTO THE BORROW PIT OF ANY STREET, ALLEY OR ROADWAY
OF THE CITY OF CORPUS CHRISTI.
SECTION 5. EACH REVOCABLE EASEMENT ISSUED UNDER THE TERMS
OF THIS ORDINANCE SHALL BE VALID UNTIL JANUARY 1, 1969.
SECTION 6. THE REVOCABLE EASEMENT HEREINABOVE MENTIONED SHALL BE
REVOCABLE BY THE SAID CITY PETROLEUM SUPERINTENDENT AT ANY TIME.
SECTION 7. ANY GRANTEE WHOSE REVOCABLE EASEMENT IS REVOKED
OR ANY APPLICANT WHO IS DENIED A GRANT AS HEREWITH PROVIDED SHALL HAVE
THE RIGHT OF APPEAL TO THE CITY COUNCIL BY MAKING WRITTEN APPLICATION
TO THE CITY COUNCIL FOR CONSIDERATION OF HIS APPEAL WITHIN TEN 0 0)
DAYS FROM THE DATE OF DENIAL OF EASEMENT OR REVOCATION OF EASEMENT
AS THE CASE MAY BE. IN THE EVENT AN APPEAL IS TAKEN, THE CITY COUNCIL
SHALL CONSIDER SAID APPEAL TOGETHER WITH SUCH REPORT AND
ADVICE OF THE CITY PETROLEUM SUPERINTENDENT AS IS FURNISHED
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TO THE COUNCIL AND UPON THE ADVISING BY THE CITY COUNCIL THAT THE ACTION OF
THE CITY PETROLEUM SUPERINTENDENT WAS IMPROPERi SHALL DIRECT PROPER ACTION
TO BE TAKEN BY THE SAID CITY PETROLEUM SUPERINTENDENT.
SECTION S. VIOLATION OF ANY PROVISION OF THIS ORDINANCE SHALL BE
SUBJECTS UPON CONVICTION, TO A FINE NOT EXCEEDING $200.00, AND EACH DAY OF
VIOLATION SHALL CONSTITUTE A SEPARATE OFFENSE. THE PROSECUTION OF ANY ACTION
OR VIOLATION SHALL NOT PRECLUDE THE BRINGING OF AN ACTION BY WAY OF AN INJUNC-
TION TO ENFORCE THIS ORDINANCE.
SECTION 9. IF FOR ANY REASON ANY SECTIONS PARAGRAPHS SUBDIVISION
CLAUSE, PHRASES OR PROVISION OF THIS ORDINANCE SHALL BE HELD INVALIDS IT SHALL
NOT AFFECT ANY VALID PROVISIONS OF THIS OR ANY OTHER ORDINANCE OF THE CITY OF
CORPUS CHRISTI TO WHICH THESE RULES AND REGULATIONS RELATE.
SECTION 10. PUBLICATION SHALL BE MADE ONE TIME IN THE OFFICIAL
PUBLICATION OF THE CITY OF CORPUS CHRISTIp WHICH PUBLICATION SHALL CONTAIN
THE CAPTION STATING IN SUBSTANCE THE PURPOSE OF THE ORDINANCE.
.. ............. _ .......
ITE STATE OF TEXAS 0
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES I
That the City of Corpus Christi, Texas, acting by and through
its duly authorized Petroleum Superintendent, for and in consideration
of the sum of twenty -five dollars ($25.00) per well to it in hand paid
by , hereinafter called
"Grantee ", having an office and place of business in Corpus Christi,
Nueces County, Texas, the receipt of which is hereby acknowledged and
confessed, has GRANTED, SOLD and CONVEYED, and by these presents does
GRANT, SELL and CONVEY, upon the conditions hereinafter stated, unto
the said Grantee the right to inlet into, and use the borrow ditch on
the following streets as shown on the plat attached:
TO HAVE AND TO HOLD the same unto the said Grantee, his heirs,
successors and assigns, together with the right and privilege at any and
all times to enter upon the above strip of land for the purpose of con-
struction and maintenance of said drainage way on said strip of land, and
it is further understood that the foregoing easement and right is granted
upon the following conditions:
(a) It is understood and agreed that the right and easement
herein granted may be revoked at any time by the City of Corpus Christi,
Texas. This easement shall apply only to the waste water from well
number of Grantee on land of
Lessor, and unless renewed,shall expire on December 31 of the year of issuance.
(b) Grantee will save and keep harmless the City of Corpus
Christi, Texas, from any and all claims for liability by reason of the
construction of said borrow ditch and drainage way, or the operation,
maintenance or existence thereof because of the disposal of salt water,
waste water, or waste matter therein, and keep bonds or insurance in effect
as provided by City Ordinance.
(c) Grantee will repair or cause to be repaired any damage to
any street, storm sewer, drainage facility, city water lines, or gas
lines, or any city sewers by reason of the use of or construction of
said drainage way and the operation and maintenance thereof.
EXHIBIT "A"
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(d) 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 may make of such street and drainage way for public
use. Two (2) copies of maps, plats and engineering drawings will be filed
in the office of the Petroleum Superintendent showing all details of
installation and'construction, including depth of installation proposed,
which shall conform and comply with City requirements of such office as to
engineering specifications.
This easement shall be void and of no force or effect unless
within thirty (30) days from the date hereof a copy of a valid Railroad
Commission permit for the disposal for which this easement is granted is
delivered to the City Petroleum Superintendent.
IN TESTIMONY WHEREOF, the City of Corpus Christi, Texas has
caused these presents to be executed this the day of
196
CITY OF CORPUS CHRISTI,TEXAS
Petroleum Superintendent
The above grant.and easement is hereby accepted this the
day of , 196 , by Grantee, who hereby agrees to keep and
perform the conditions imposed by said grant and easement and that he is
bound by all of the terms of the same and will observe all of the provisions
of the ordinance under which this grant is made.
THE STATE OF TEXAS
COUNTY OF NUECES X
BEFORE ME, the undersigned authority, on this day personally
appeared , known to me to be the person
APPROVED AS TO FORM:
City Attorney
Date
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.
THAT THE FOREGOING ORDINANCE WAS . AD F
PoAS.S�Ef� TO ITS SECOND READING ON THIS THE DA
19 y BY THE FOLLOWING VOTE:
JACK R. BLACKMON
RONNIE SIZEMORE
V. A. "DICK" BRADLEY JR.
P. JIMENEZ, JR., M.D.
GABE LOZANOj SR.
KEN MCDANIEL
W. J. "WRANGLER" ROBERTS
THAT THE FOREGOING ORDINANCES5 READ F
TO ITS THIRD READING ON THIS THE DAY OF
BY THE FOLLOWING VOTE:
JACK R. BLACKMON
RONNIE SIZEMORE
V. A. "DICK" BRADLEY JR.
P. JIMENEZ, JR., M.D.
GABE LOZANO, SR.
KEN MCDANIEL
W. J. "WRANGLER" ROBERTS
THAT THE FOR I ORDINANC S EAD FO THE
FINALLY ON THIS THE AY OF A j
ING VOTE: 7 11
JACK R. BLACKMON
RONNIE SIZEMORE
V. A. "DICK" BRADL
P. JIMENEZ, JR., M
GABE LOZANO, SR.
KEN MCDANIEL
W. J. "WRANGLER" R
PASSED AND APPROVED, THIS
ATTESY..I /% i
C I TY SECF ETURY I
APPROVED AST LE FO M S THE
DAY OF 19hi,(:
CITY ATTORN Y
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I
TIME AND PASSED
BY THE FOLLOW-