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Home My WebLink About09435 ORD - 07/16/1969JKH:D -77 -by AN ORDINANCE GRANTING A FRANCHISE TO HUMBLE OIL & REFINING COMPANY TO LAY, CONSTRUCT, OPERATE, MAINTAIN, REPAIR AND REMOVE CERTAIN PIPELINES WITHIN SPECIFICALLY DESIGNATED LOCATIONS BY CROSSING SAID STREETS, ROADS AND HIGHWAYS AT SAID DESIGNATED POINTS, FOR THE TRANSPORTATION OF PETROLEUM PRODUCTS; 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 F.idRISTI, TEXAS: SECTION 1. THAT HUMBLE OIL & REFINING COMPANY, A TEXAS CORPORA- TION, AUTHORIZED TO DO BUSINESS IN TEXAS,AND WITH AN OFFICE IN CORPUS CHRISTI, NUECES COUNTY, TEXAS, BE, AND IT IS GRANTED THE RIGHT IN THE CITY OF CORPUS CHRISTI TO LAY, CONSTRUCT, OPERATE, MAINTAIN, REPAIR AND REMOVE ITS PIPELINES WITHIN THE PUBLIC RIGHT OF WAY AT CROSSINGS OF PUBLIC RIGHT OF WAY OF STREETS, ROADS AND HIGHWAYS AT THE FOLLOWING LOCATIONS: 1. LOLA JOHNSON ROAD - FLOUR BLUFF AND ENCINAL SUBDIVISION, SECTION 54, AS INDICATED ON PLAT SWf -A- 22914, ATTACHED HERETO; 2. CHURCH DRIVE - FLOUR BLUFF AND ENCINAL SUBDIVI- SION, SECTION 47, AS INDICATED ON PLAT SWf -A -2995, ATTACHED HERETO, 3. VALERIE STREET DRAINAGE DITCH, IN FLOUR BLUFF HEIGHTS SUBDIVISION, AS INDICATED ON PLAT SW( -A -2996, ATTACCED HERETO; 14. SKIPPER LANE AND JESTER STREET, IN FLOUR BLUFF HEIGHTS SUBDIVISION, AS INDICATED ON PLAT SWr -A -2997, UNDER THE FOLLOWING TERMS AND RESTRICTIONS, TO -WIT: 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 STREETS AND WAYS AS IS NECESSARY TO LAY, CONSTRUCT, OPERATE, USE, MAINTAIN, REPAIR AND REMOVE SAID PIPELINES, BUTYHLY SHALL BE PLACED, LAID AND CONSTRUCTED IN SUCH MANNER ALONG THE ROUTES DESCRIBED IN SAID PLANS SO THAT THEY WILL NOT INTERFERE WITH THE USE OF ANY OF SAID STREETS OR WAYS BY SAID CITY OR ITS INHABITANTS, OR ANY PIPELINE OF THE CITY, OR ANY DRAINAGEWAY OF THE CITY OR OF THE INSTALLATIONS OF ANY OTHER HOLDER 9435 OF A FRANCHISE OR RIGHT TO USE SUCH STREETS OR WAYS; AND THE LAYING, CONSTRUCTION, MAINTENANCE, OPERATION, REPAIR AND REMOVAL OF SAID PIPE - LINES] 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 AND WAYS 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 LOCA- TIONS OF THE PIPES IN THE STREETS AND WAYS IS ATTACHED HERETO AND MADE A PART HEREOF. FOURTH: THIS FRANCHISE SHALL NOT BECOME EFFECTIVE UNTIL A FEE OF $300.00 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 SAID PIPELINES, AND ALL REGULATIONS AS ARE IN EFFECT BY THE TERMS OF ANY STATE LAW OR CITY ORDINANOEOR AS MAY BE HERE- AFTER ADOPTED. SIXTH: GRANTEE 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. THE GRANTEE WILL REPAIR AND RESTORE ALL STREETS AND ALL DAMAGE CAUSED BY CONSTRUCTION OR MAINTENANCE OF THE PIPELINES. THE PIPE- LINES SHALL HAVE AT LEAST 30 INCHES OF EARTH COVER. THE GRANTEE SHALL ERECT MARKERS ON BOTH SIDES OF STREETS OR WAYS WHERE PIPELINES CROSS A STREET OR PUBLIC RIGHT OF WAY. -2- 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 PIPELINES 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 14AKE OF SUCH STREETS OR PUBLIC RIGHTS OF WAY FOR PUBLIC PURPOSES. NINTH: THIS FRANCHISES 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 PROCEEDINGS 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 ASSIGNEE SHALL SUCCEED TO ALL OF THE RIGHTS DUTIES AND LIABILITIES OF THE GRANTEE HEREUNDER. TENTH: BEFORE ANY OPERATIONS ARE CONDUCTED WITHIN ANY STREET OR PUBLIC 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 AND PUBLIC RIGHTS OF WAY SHALL BE RESTORED TO THEIR PREVIOUS CONDITION AT THE EXPENSE OF THE GRANTEE. IT IS UNDERSTOOD THAT THE RIGHTS OF THE PUBLIC TO USE OF SAID STREETS AND RIGHT OF WAY 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 SOSERVE THIS ORDINANCE OR TO REMEDY ANY NONOBSERVANCE THEREOF, BE GROUNDS FOR FORFEITURE AND TERMINATION OF ALL RIGHTS HEREUNDER. -3- TWELFTH: WITHIN THIRTY (30) DAYS OF THE DATE OF FINAL PASSAGE OF THIS ORDINANCE, HUMBLE OIL & REFINING COMPANY SHALL FILE ITS WRITTEN ACCEPTANCE OF SAME WITH THE CITY SECRETARYp AND PAY A FEE OF $300.00, TOGETHER WITH THE COSTS OF PUBLICATION REQUIRED BY THE CITY CHARTER AS PART OF THE PROCEDURE OF GRANTING THIS EXTENSION OF FRANCHISE. THIRTEENTH: UPON THE PAYMENT OF FEES AND PUBLICATION CHARGES AND THE FILING OF THE WRITTEN ACCEPTANCE PROVIDED IN FOURTH PARAGRAPH HEREOFS THIS ORDINANCE SHALL IMMEDIATELY BECOME EFFECTIVE AS OF THE DATE OF ITS FINAL ADOPTION BY THE CITY COUNCIL. FOURTEENTH: A COPY OF THIS ORDINANCE SHALL BE PUBLISHED IN THE CORPUS CHRISTI TIMES, THE OFFICIAL NEWSPAPER OF THE CITY OF CORPUS CHRISTly WITHIN FIVE (5) DAYS FOLLOWING EACH OF THE THREE READINGS OF THIS ORDINANCE, AND THE EXPENSE OF SUCH PUBLICATION SHALL BE BORNE BY THE GRANTEE. FL.OVR 0 B1-UFF In Robert F /afo cf o/ A J5NC1NAL .BK 5.39 /2-7 A SECTION S4 - —pock zoo' Back Oi Oifcri O{• E'dgor M! LJi�d'cnhoycr i ? "ve 7 ni - 1 e �� f0� Mr's. W..-.../ohnson S,uBQ• J5NC1NAL .BK 5.39 /2-7 - —pock Back Oi Oifcri O{• 2" k'cnf i ? "ve 7 ni - 1 `-BIOCk �� f0� Ccrcr Covcr 50 Cm' =.¢Q'� Gq5 4�' - /O° lJYe /u-I�cf CoSrrr vY/ /r'� l�vfci-trghf Sid /s Af Ends SECTI ON A - A /✓O �GA L.E PRC >PC>SEC, fc" PIPELINE CF20FDZ tlWG HUMBLE OIL & REFINING COMPANY LOLA JOHNSON ROAL7 - FLOUR 'BLUFfi SOUTHWEST REGION Ek IENCINNL SUBDIV1510N, SECTION 54 PRODUCTION DEPARTMENT CORPUS CHRISTI D15T, NUF_CES COUNTY, TEXAS CORPUS C1- tR151'I. TEXAS RG, BORRMANN DRAWN CIVIL SECTION REVISED AS SHOWN JOB NO. FlLE NO. tX[CKED�`t_ �t�•. -�•.S_ iENCR. .1PPROYED �-1 -- SCALE- 6 -2- �c$ .SYYT-Q'Z�JrI- s PI 4( Bach Di .OifGh Gofh. Gho `� P L A N /"= xeOO ' e3 /oc.EfcP P Crycn- I 43" Mein. ( Cover SECTION A -A ,A& G--o74 E. Bock OF O:ich I r �n FYinth 4Yofcr- _� fi hf .S'co /s A Ene�S •PROPOSER V PIPELINE CPC)SSINCz CHURCH HUMBLE OIL & REFINING COMPANY DRIVE - FLOUa BLUFF 8- E',ICINAL SOUTHWEST REGION 5UB0lVlS10N 5EC {-10N -4-1 PRODUCTION DEPARTMENT CORPUS CHRIln"TI , [3157. NUECES COUNTY,`I"EX. CORPUS Cl1R15T1,TEXAS F2.cb.t,oR.RMANN CIVIL. A5 SMOVlNI IOe NO. DRAW ENOR. SECTION['� REVISLD _- SCALE n CH[[REO� »�'i APPROYED `_ jSWT.FILEtI0. r, -ZJ9s DATE' �o�Ca -A� SAT F4. L.IN�. - 51QIPP Ef3 t_0.M� �� j T- 7---r -, --,T--T--J--T--- Y > 3 r y a s Ipr :,a* 4I=4QUR t i a E� U 111.11 It 11.1 1111_x.1 VALL'RIM 3T. Af2AtIdRFi t° OlTGi ^^ --a+- M T T T 3 � E FI-a U R♦ ., t ++ a. ♦ 4d �,1 y. a a s r r r r r > 3 "u 3A U ,5Ncjt4AL s� Sam �'. 69/i /5vn ✓i-: F_ s Ica tic P L- A N 54,4 —G as . / "s..90J' k` DF 6�o /eric ski -ccr� 25' 1 �.v 'hl 2` LA& L) 25 ` l�rr�inogc l�i�ch .2 2' �" �' /v Gas /.✓i>c sa !o "Wc• %'cd Casinr�r lY /Wodcrfighi S'�o /s lJtl E/�a; BK. 98313 � S F CT l 01V A- FRCIPdSEL7 (2)" PIPELINE CROSSING HUMBLE OIL & REFINING COMPANY YALER1 E STREET DRAINAGE 01-TCN SOUTHWEST REGION tN FLOUR BLUFF= VJF -1GHT5 SIJBDIN41 10N PRODUCfiOM DEPARUIEM CORPUS CH'315TI DINT, NUECEB COU114TV11TIEXPS CORPUS C14R15 -P'1 R.G. YhRRCn ANN CIVIL AS S440WT! JOB NO. FIL9 na RA4M ENan. BECl10N�- — REVISER SCALE__ gW-1-- A-295�n '.NECpEo ,,r ': �f APPRUYEO DRTL_ U LIN - -- - -jl J- KIPPER LAME 1 .1 I> LAG I r r + E > ae+ 43 =LOU BLU PF: + -Q, ¢ 4 Bc a LLjrF n _ -L-.L --I 11 -L n-. U11 A�� YALERI'a 9T. L+l2AINAG E c" 3 7TT 7- "T T 17-'T- TT -T-r TB F�0 + + + + + } i T 1j�=�.1��V 1� 1 J + + + 4- > a T 'i T �� \`} T T 3Q+ U 10, � � ENcir1R� S6 Sam E . 1 WjISC;1n Jr. p L_ A N C FI 4.6. / "c Z00' Bork OFOn/ch Z_ I��~- A �•- _ O' BLACKTOP I �B M //1. C'DYCr _ • n , ` A4$' M *, COVC/ ��' �O � GOa —T •' zinc , 50' /G" li'�' /dcLi - SK. 9$9/3 SECTIOI-! A -A `- - 'Cosh» w /'s•Yl>�cr- t!<�hfl `ScrJ/ ./Ire Ehc� BOL/C ( •- L)lrL.�I r 0 5 4� .Q 4 L�7 �` 1 -.--Y q3" MirJ. jf/of�r fi4'i7 r� Srr.J /S III` Ell o'S — COYGr BK. 98.3 /�a SEC -"T iom F5 -el /H-UME;LE �p sGALE PP,OPOSED Z" PIPELINE OIL £ REFINING COMPANY SKIPPER LANE AND JESTER. STREET SOUTHWEST REGION IN FLOUR f5L UF-1= HEIGHTS SUSDIVI51011 PRODUCT0N DEPARTMEW CORPUS CHPLIS -TI DIST. NUEcEs CCIJNry. 7EXAS CORPUS CHRISTI , TEXAm+ RGHORRMAMH1 DRAYIN C1v IL ENOR.SEOTION REVISED APPROVED_ s' SCnLE DTP � S5 OVA! JOB NO. -- i14 NO. SYlT•A•293`7 .r•l %� CNECKEDCi U That the foregoing ordinance was rpad for the ZDrEt time and passed to its second reading on this the day of 19�, by the following vote: Jack R. Blackmon Gabe Lozano, Jr. V. A. "Dick" Bradley, Jr. Eduardo E. de Ases _ Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore That the foregoing ordinan a was read fo �...:nd time and passed to its third reading on this the / day of , 19 by the following vote: Jack R. Blackmon is PJ Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore That the fore,N7 ordinanc was read for the t ird time and passed finally on this the ��0� -A� day of , 196L_, by the following vote: 61 a Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick_" Bradley, Jr. Eduardo E. de Ases Ken McDaniel i W. J. "Wrangler" Roberts Ronnie Sizemore _ PASSED AND APPROVED, this the 1lO"Itday of , 19 0 ATTEST: City ecret y APPROVED AS TO LEGAL FORM THIS THE DAY OF�, 1: z dell C ty Attorney' MAY ! AM CITY OF CORPUS CHRISTI, TEXAS " HUMBLE OIL & REFINING COMPANY CORPUS CHRISTI, TEXAS 78401 WILSON TOWER PRODUCTION DEPARTMENT July 17, 1969 SOUTH TEXAS DIVISION Mr. T. Ray Kring City Secretary City of Corpus Christi City Hall 302 S. Shoreline Corpus Christi, Texas Dear Sir: This will acknowledge receipt of alCertiffied rantinf Ordi- nance No. 9435, passed and app y , 1969, granting Humble Oil & Refining Company a franchise for the construction of certain pipelines across streets in the Flour Bluff area. Humble hereby accepts the franchise granted by said Ordi- nance, and agrees to be bound by and to conform to and comply with all of the provisions thereof subject to the stipulation, however, that Humble Oil & Refining Company is not a public utility. Yours very truly, HUMBLE OIL & REFINING COMPANY W. J. Barrett Agent and Attorney -in -Fact