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Home My WebLink About09260 ORD - 03/05/1969VMP:1/27/69 TEXAS: AN ORDINANCE GRANTING TO SUdTIDE PIPE LINE COMPANY A FRANCHISE TO LAY CONSTRUCT, OPERATE, MAINTAIN, REPAIR AND REMOVE AN OIL PIPELINE EXTENDING FROM A POINT ON THE NORTH BOUNDARY OF WAY OF SAID STREETS AS IS NECESSARY THERETO, NOT EXTENDING MORE THAN FIVE FEET (5 1 ON EACH SIDE OF THE CENTERLINE CE AID IPELINE' 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 JN 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 HAVING AN OFFICE AND PLACE OF BUSINESS IN NUECES COUNTY, TEXAS, ITS SUCCESSORS AND ASSIGNS, BE AND IT 13 HEREBY GRANTED THE RIGHT IN THE CITY OF CORPUS CHRISTI TO LAY, CONSTRUCT, OPERATE, MAINTAIN, REPAIR AND REMOVE ONE 8" 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 )T�HE SOUTHWEST BOUNDARY LINE OF THE CITY AT A POINT IN B.S. & F. SURVEY #x+03, 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 LINE OF COUNTY RD, 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 9 2I;o 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 (RAND MORGAN ROAD) IN THE 8OO 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 ORDtNANCE, 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 (51 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) MAINTENANCES OPERATION; REPAIR AND REMOVAL OF SAID PIPELINES 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 THE -2- 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 INSTALLATION SHOWING THE SIZE AND LOCATION OF VALV-.S 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 CONSTRUCTION, LAYING, MAINTENANCES OPERATION, REPAIR, REMOVALS CHANGING THE SIZE OF OR REPLACEMENT OF SAID PIPE LINE UNDER3 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 PI -PE 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 THEIR OPTIONS 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 FORFEITURE CLAUSE OF ANY AGREEMENT BETWEEN SUCH PERSONS, IN WHICH CASE THE ASSIGNEE SHALL -3- THAT THE FOREGOING ORDINANCE WAS READ FOR THE IRST TIME AND PASSED TO ITS SECOND READING ON THIS THE DAY OF BY THE FOLLOWING VOTE: el JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY, JR. P. JIMENEZ, JR., M.D. GABE LOZANO, SR. KEN MCDANIEL W. J. "WRANGLER" ROBERTS v • THAT THE FOREGOING ORDINANCE WAS READ FOR HE SECOND TIME AND PASSED TO ITS THIRD READING ON THIS THE `,' -164L DAY OF , I9G j , BY THE FOLLOWING VOTE: � JACK R. BLACKMON d RONNIE SIZEMORE�� V. A. "DICK" BRADLEY, JR. P. JIMENEZ, JR., M.D. GABE LOZANO, SR./ Z/ KEN MCDANIEL, W. J. "WRANGLER" ROBERTS THAT THE FOREGOING ORDINANCE WAS READ FOR THE THIRD TIME AND PASSED FINALLY ON THIS THE,�i_tA> DAY' OF BY THE FOLLOW- ING 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 PASSED AND APPROVED, THIS THE .,j:&PAY OFL(/1 UITY SLCRFtARY MAYOR �— THE CITY OF CORPUS CHRISTI, TEXAS APPROVED AS TO EGAL FORM THIS �� DAY OF yJ/l�atie.�� ,19- ITY ATTORNEY � �` \� ,'��°� ,^ as �- � - � • `�o � s �.ppr v ay ti - / 'n. �PkaPo;aD cS sic lAel IVU ell / /// {•/ 1 ' (((///SOS �i\ \ q '� .•. SuNT/DC I iii . , ~O � ,\ r_ • . AN I GRANTING TO SUNTIDE pipe LINE COMPANY A FRANCHISE LAY, CONS F I NTR RV'T� OPER PUBLISHER'S AFFIDAVIT MA NTAI P,IR AN3 _OV A 8-, nit 'PELIV� PO STATE OF TEXAS, t9s: 1, County of Nueces. I I r Before me, the undersigned, a Notary Public, this day personally came Leland G• . Barnes who being first duly sworn, according to law, says that he is the ..... ..... ..... 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 ranting Suntide Pipe Line Co. a franchise to lay construct- - and remove an 8n oil pipeline--- - of which the annexed is a true copy, was published In _11AL-T-10-0 on the.J.— day of D2_k3ZR1LrY__ 19-A9, and zXMNWK..2 ti MASS thereafter E68......._--__-- xydmwf&Agjz..immely..-EAmuar,v--.7.,,L969 and March 7,1969 ..__3 . . ........... Times. _I 2LL 'Cxffiff er'41�r �Ingflmm gwrr_� Subscribed and sworn to before me this_...... 12 . . ..... day of ........... AM14L 19.. Louise Vick oter7 Public, Nueces County, exas STRICTIONS OF THIS ORDI- NANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COR. PUS CHRISTI, TEXAS: SECTION 1. That Sunllde Pipe Line Company, Delaware ministration having n office and place of mets In Neeces County, Texas, us ccessors aM assigns, be and D Is hereby grant¢tl the right In the Clttyy of Corpin Christi to lay, con,im aloes', m01M01n, repOR end remove ne 3" all plpellm to be used solely far the transperlatlon of h en na NIonpp ule exlenal rg from the orth hooueaaryy al Inlerslate 37 fin 0 Sautherly and Soallb—ter iy direct- he the Southwest boundary (lire at the No (0 ollaas�9hmwn on he nt v M ic'm Co9unty In the Read (Clark. woatl Rseal In the 'N" Block, v Carol Ins Read the Me- Nmmn Subdlvlslm No. 3, across rammed County Road In the g9a a 0 Block thereof. across as un- the BIVc 11 a, oaf -Id afl'eels a. tenclmj more than 9ve feet W on each side of the cenlerllne of Said under thpel Wowing terms and m strlclfuns, fo -wit: FIRST: The term of this grant shall be far live (61 years from this dole. SECOND: Grantee shall have the right to utilize that po Man of 11e air., _a, and highways eased by cold pipeline route extending ap- prOxlmmely 11. feet IS'1 n each side M he anferlhm al mltl Ipe al he loaotl0ns heraly4a0ve HnOSed, and .140 at all IOmnn4 where altl plpellna may y Iraels, 1- 11 ad r pihls of way h III a yphole, after be tledlcafed said pho, line. The va ;pplvnce of this franchise by the Grairtk' shall nstllWe a fan by ihoadsonlee M a tletlica- tian of y rmtls lroere r public ways which may cr hereeHrl tledn caletl and which a the right e. way new ccupodcrby said plpelhe. The pipeline shall be placed, laid arN constructed In such a way that II will WI Inteffero with the use of any of Ciry ts, IN"`Inh'W1`nlfe yw r�lntersold 'I an a o rlh' frlanchise orgright to use sold siren'. the 1 Ing, a nitrutllon, me en lydonce, ,per repair and removal of sok piuellne, as well as the n>iures orM oilwct me lal at 1l11es be sublet t cml{ol of the City Council of the City of Corpus Christi In order to protect the rlBms antl canvenlema W Ihlrtl parties antl the Wbllc generally wdhln such Clty. THIRD: The full control antl man - allemenl of such "free' Is exprevly ervetl to sold City of Corpus -".I M1aIITbe" bIr vlete fan: here- by the Clty end shell upon notlte M the Cl, be made to eNdarm rt su h other uses as the Ciry Oy make al uch arreels or public �ghis of way tar pub It uses. A may 0, plot at the stact location of the ppipe In the reets shag be "led In Yna aIli" of the City Director of Public Works upon com n—ment 1 Iwivllallon shaving nine elze and location 0f valves ad fha tlepih of all Installo- films. FOURTH: This frnchlse shall not become effects- ntll a In of SIM shell be paid t0 the City and a wrl "en atteplanm of his franchise dellVered to the ` Secretary FIFTH: Gra¢ shall am mmpiy wIlh ei eartllrmn¢S Including safety mm- e ncarning all ppipe Ilnes, tl IlI regul011du as are Y, eHeat by Yne terms of any state low ar city ardl- nanm arm may be herevlter adopt- ed. SIXTH: Grantee will pay ro grantor„ Ih 9u vntl ovlIns, any and all dereall. of any klntl whatever resulting from, mewing out 01, a incident to the cros To" loyil�, maintenance, operatlon, repair, r movol, M1en Ina the size of e e pi—no.. plpe line under, Uuppon, upon, lad Through the above SEVENTH n: Granite shall conduct II at Its o .. lens In the use of rhls ,—Jdse In a careful m and will Indemnify the CIry Tram any and all damages resulting lram 119 tparo- Iitn or negligent to ect. EIGHTH: All riphla teset�etlWOo- popyy said right of It esreunaerr,ashan cea any dt ie:rriiigwhtle H -Said pipe in shall be unused I01 on¢ ymr ar If grantee shall at ay rime amnion he use m s ¢ tar the purpose yraidad heraln.vm NINTH: Th IS hmcnI" as troll as the rights herein, may m asslgnetl bV the grantee herein, n well as by all 0rediml grantees of their pilau' the Ighls of Such grardee v UM Jack R. Blackman Aye Ramie Sizemore Aye V, , J A. "Dlck' Bradley, Jr. Aye P. Jim,., M.D. Aye Gabe Lozano, SL Aye En McDaniel Aye W J. "Wronalee, Roberts Absent That Iha forefoot ardlnonca w read for Ibe eecnd nme and Bossed to Its third reading on' Ibis the 5 day of Feb., 1969, by the follow. fang We: Jack R. Blackman Aye Ronnie Sizemore V. A. "Dick Bradley, Jr. Aye Aye' P. Jlmermz, Jr.,. M.D. Gam Lozano, Sr. Ken McDaniel Aye Aye Aye W. J. Wrangler" Roberb Aye ur Tf -the foregoing ordinance Was d for the third time and ffnally on ih' Iha 6th day of paved March, 1969, by the fallowing vote: Jack R. Blackmon Aye Rana,. Sizemore V. A. "Dick" Bradley, Jr. P. Jimenez, Jr., M.D. Aye Aye Aye Gabe Lozano, Sr. Ken McDonlol Aye o Aye W. J. "Wrangler" Roberts Aye of APPROVED, this the Soh day Marrcch, 6. ATTEST: T. RAY KRING JA Secretaryy JACK R.. BIACXMON MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED AS TO LEGAL FORM THIS THE N DAY OF Jan., 1969: I. M. Singer City Attorney h_ ` 1]m t � �y F Js9untide Pipe Line Company V Mr. T. Ray Kring City Secretary City of Corpus Christi P. 0. Box 1622 Corpus Christi, Texas 78403 Dear Mr. Kring: <0> P. 0. Box 2808 CORPUS CHR 1871, TEXAS 78102 8129454811 March 25, 1969 Enclosed is Suntide's check No. 19870 in the amount of $150, covering a Franchise fee to the City of Corpus Christi. Suntide accepts the terms and conditions as outlined under Ordinance No. 9260. Also, enclosed is a copy of our check to The Corpus Christi Caller - Times covering their invoice to you. Yours very truly, ( M 1N- M. F. Griffin Superintendent Enc. I'^ }f{ 1 January 30, 1969 T Mr. Leland Banes Manager, Classified Department Corpus Christi Caller -Times 820 Lower Broadway Corpus Christi, Texas 78401 Dear Leland: Herewith is an ordinance granting a franchise to the Suntide Pipe Line Company which I would appreciate being published February 3, February 7, and March 7. We will call your office following the second and third meeting regarding the vote to be filled in. Thank you. TRK /jw Enclosure Sincerely, T. Ray Kring City Secretary