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HomeMy WebLinkAbout09360 ORD - 05/14/19693/19/69:e AN ORDINANCE GRANTING TO PHARAOH ENTERPRISES, LTD., A FRANCHISE TO LAY, CONSTRUCT, OPERATE, MAINTAIN, REPAIR AND REMOVE A PIPELINE EIGHT INCHES IN DIAMETER FOR THE TRANSPORTATION OF THE SEWAGE EFFLUENT PROM THE OSO SANITARY SEWER TREATMENT PLANT WITHIN AND UPON CERTAIN ROADS AND STREETS OF THE CITY; SETTING FORTH PROVISIONS TO THE EFFECT THAT SAID PIPELINE BE CON- STRUCTED, MAINTAINED AND OPERATED IN SUCH MANNER AND IN SUCH PLACES AS NOT TO INTERFERE WITH THE USE OF SAID STREETS BY THE CITY OR THE INHABITANTS THEREOF AND CONTINUING CERTAIN OTHER PROVISIONS, RESTRICTIONS AND CONDITIONS; AND PROVIDING FOR FORFEITURE OF THE FRAN- CHISE UNDER CERTAIN CONDITIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That Pharaoh Enterprises, Ltd., Developers, having their principal office and place of business in Corpus Christi, Nueces County, Texas, be and the same are hereby granted the right to lay, construct, operate, maintain, repair and remove one eight -inch pipeline for the trans- portation of effluent from the Oso Sanitary Sewer Treatment Plant within the City of Corpus Christi, on and along a route within said City having the following centerline, to -wit: Beginning at a point on the existing 36 outfall line from the Oso Sewer Plant, said point being northwest of and 65 feet at right angles from the center line of Ennis Joslin Road; Thence in a southwesterly direction parallel to and 65 feet northwest of the center line of Ennis Joslin Road and continuing in a southwesterly direction 65 feet northwest of the centerline of Nile Drive to a point that is 40 feet northeast of the existing northwest boundary line of that certain tract of land conveyed to the City of Corpus Christi by deed dated December 5, 1962, of record in Vol. 190, Page 39, Deed Records of Nueces County, Texas; Thence in a southwesterly direction crossing Nile Drive at a 45' angle to a point that is 45 feet southeast of and at right angles to the centerline of Nile Drive; Thence in a southwesterly direction 45 feet southeast of and parallel to the centerline of Nile Drive to a point that is 10 feet of the southeasterly extension of the common boundary line of Lots 9 and 18, Section 17 of the Flour Bluff and Encinal Farm and Garden Tracts; Thence in a northwesterly direction parallel to and 10 feet southeast of the southeasterly extension of said Lots 9 and 18 crossing Nile Drive and continuing parallel to and 10 feet of the common boundary line southwest of said Lots 9 and 18 to a point 170 feet from the centerline e' of Nile Drive; under the following terms and conditions, to -wit: 9360 FIRST: The term of this grant shall be for five years from the date of the final passage hereof. SECOND: Grantees shall have the right to utilize as much of the right of way of said Nile Drive 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 herein- above described that it will not interfere with the use of any of said streets and property owned by the City or the right of any other holder of a fran- chise or right to use such streets or City -owned property; 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. THIRD: The full control and management of such streets and City - owned property 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 may make of such streets or property owned by the City. A map or plat of the exact location of the pipe in the streets shall be filed in the office of the Director of Public Works of the City upon commencement of installation showing the size and location of valves and the depth of all installations. FOURTH: This franchise shall not become effective until a written acceptance of this franchise is delivered to the City Secretary. FIFTH: Grantees 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 pipeline under, upon, over and through the above described land. SIXTH: Grantees shall conduct all of their operations in the use of this franchise in a careful manner and will indemnify the City from any and all damages resulting from their operations or negligent conduct. -2- SEVENTH: 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 pipeline shall be unused for one year or if Grantees shall at any time abandon the use of same for the purpose granted herein. EIGHTH: This franchise, as well as the rights herein, may be assigned by the Grantees herein, as well as by all succeeding Grantees at their option, or the rights of such Grantees 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 forfei- ture clause of any agreement between such persons, in which case the assignee shall succeed to all of the rights, duties and liabilities of the Grantees hereunder. Failure on the part of the Grantees herein to observe the terms and restrictions of this ordinance and franchise shall, if continued or persisted in, after ten -days notice in writing shall be grounds for immediate forfeiture and termination of all rights hereunder by Motion of the City Council adopted at any Regular Meeting of the City Council. THAT THE FOREGOING ORDINANCE WAS yt'�}CD FOR THE F TIME AN PAS�TO ITS SECOND READING ON THIS THE DAY OF 19 , 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 FOREGOING ORDINANCE WAS READ FOR THE SEND TIME AND PASSED TO ITS THIRD READING ON THIS THE, DAY OF A a , 19±9 , BY THE FOLLOWING VOTES JACK R. BLACKMON oa o RONNIE SIZEMOREJ V. A. "DICK" BRADLEY, JR. P. JIMENEZ, JR., M.D. y GABE LOZANO, SR. KEN MCDANIEL W. J. "WRANGLER" ROBERTS THAT THE FOR GOING ORDINANCT, WAS READ FOR THE THIRD TIME AND PASSED FINALLY ON THIS THE DA Y'OF tg BY THE FOLLOW- ING VOTE: JACK R. BLACKMON� RONNIE SIZEMORE V. A. "DICK" BRADLEY, JR. GABE LOZANO, SR. 4 KEN MCDANIEL W. J. "WRANGLER" ROBERTS PASSED AND APPROVED, THIS THE Z-6/�AY Of ATTEST: CITY-SECRETARY APPROVED AS TO LEGAL FORM THI ,TH9E DAY�OF Yr ,19�: CITY ATTORNEY MA R THE CITY OF CORPUS CHRISTI, TEXAS