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Home My WebLink About09740 ORD - 05/13/1970 (3).7-3P-10 AN ORDINANCE GRANTING A FRANCHISE TO HUMBLE PIPE LINE COMPANY TO LAY, CONSTRUCT, OPERATE MAINTAIN, REPAIR AND REMOVE A Cr'1SAIN FOUR -INCH (4 ") PETROLEUM PRODUCTS (INCLUDING CRUDE OIL AND GAS) PIPELINE WITHIN, BENEATH, ALONG AND ACROSS CERTAIN STREETS WITHIN THE CITY OF CORPUS CHRISTI, TEXAS AS FOLLOWS: ALONG WALDRON ROAD FROM THE KING RANCH GATE TO YORKTOWN ROAD; ALONG YORKTOWN ROAD TO FLOUR BLUFF DRIVE; ALONG FLOUR BLUFF DRIVE, IN A NORTHERLY DIRECTION, TO A POINT IN AN EXISTING PIPELINE LOCATION ABOUT 2071 FEET NORTH OF PURDUE ROAD AND ACROSS WALDRON ROAD, YORKTOWN BLVD., CARIBBEAN (NOT OPEN), GLENOAK DRIVE, FLOUR BLUFF ROAD, AND DIVISION ROAD (UNOPEN) FOR THE TRANSPORTATION OF LIQUID PETROLEUM PRODUCTS, INCLUDING CRUDE OIL AND GAS; SETTING FORTH THE TERMS OF SAID FRANCHISE; PROVIDING FOR FORFEITURE OF FRANCHISE UNDER CERTAIN CONDITIONS; PROVIDING FOR PUBLICATION; AND SETTING FORTH OTHER PRO- VISIONS PERTAINING TO SAID FRANCHISE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Humble Pipe Line Company, a Delaware corporation, with its principal office and place of business in Houston, Texas, be, and the'sene is hereby granted the right in the City of Corpus Christi to lay, construct, operate, maintain, repair and remove a certain four -inch (4 ") petroleum products (including crude oil and gas) pipeline along and under City Streets along the route shown on the map attached hereto and marked Exhibit "A" and under and across Waldron Road, Yorktown Blvd., Caribbean (not open), Glenoak Drive, Flour Bluff Road and Division Road (unopen), as shown on the map attached hereto and made apart hereof, marked Exhibit "A ", and as shown on the plans filed with the Director of Public Works of the City of Corpus Christi, 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 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 s aid City of Corpus Christi, Texas. All rights granted hereby shall be subordinate to all uses by the City and shaSl 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 typical street add road crossing installation of the pipe in the streets and roads is made apart hereof, marked Exhibit "B ". FOURTH: This franchise shall not become effective until a written acceptance of this franchise shall be delivered to the City Secre- tary. 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 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 of, or incident to the construction, laying, maintenance, operations, 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 pipeline. The pipeline shall have at least 36 inches of earth cover. The Grantee shall erect markers on both sides of street where pipeline crosses a street. -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 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 for 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 maybe transferred under foreclosure proceedings or by judicial sale, or maybe 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. 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 is granted, the Grantee shall obtain the necessary approval from the Texas Highway Department for any work on or use of the right of way of said road or highway. 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. -3- 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. TWELFTH: Within thirty (30) days of the date of final passage of this ordinate, Humble Pipe Line Company shall file its written acceptance of same with the City Secretary, and pay the costs of publication required by the City Charter as a part of the procedure of granting this franchise. xaunin arrn: Upon the payment of publication fees and the filing of the written acceptance provided in FOURTH paragraph hereof, this ordi- nance shall immediately become effective as of the date of its final adoption by the City Council. rvuiur;r.iv m: A copy of this ordinance shell 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 ordinance, and the expense of such publication shall be borne by the Grantee. FIFTEENTH: THIS FRANCHISE SHALL NOT BECOME EFFECTIVE UNTIL A FEE OF Two HUNDRED FIFTY AND No /100 DOLLARS ($250.00) SHALL BE PAID TO THE CITY AND A WRITTEN ACCEPTANCE OF THIS FRANCHISE DELIVERED TO THE CITY SECRETARY. 11 L._ 121 lb ri) . „ Z2ir L9711"---•;--sr.,,, 14 1=4 I 32 bcou, OAT,: leilk " 41 4 / FL9V ? ,011P r,.2 /0 —enr-P9 t I OUS. CrR, 15 Lat t I) 1 1 • stb 12.! CI .11: • r 6 t, 4 ; g •■••■ e,glam/•■• 141 • 1 1 1 /Aver' 0.7■ AIIMOOLI " 0 ■11,,,,i-- ....:.■ ..LP-i, 1 EV 1 . ■eidg'.. . 1,0 .51 aa ',74, ' rm. '.. R -brer=r•trl Corr SCHOOL - I ; 1 19 -2 Si+. - •7r9arr7----16 Trew -71. .*-1 ''' - SafF 1! .__F I a tieb‘a ; • i — , • I br) 1 .+- + + + + + 1 bloi.rebov 1 1 1111 241 A 25 38° --= 14] W/- I •tert4 0.thr.b.1 L L 51 j 1 _ 1 I r 10:1 171 OCAT1 M A FA • + + + .1 'P,pehia 1 c 4.v 6 1 Corpa rg was ' I I-, 1 I • I. I I Grabble OL016 ha/ Lunde -Lou, 00 9 MI Moo 2000 5700 4000 4000 moo 61,6 11.3 EXhirair N jj RAN C H — Pr ora,.1 93j A' REVISED DATE ROW PLAN VOW TYPICAL hIPELINE C12,t-)17S1NC; GITY STREET • s �I 1 TITIITTT 4" 4TEEL,wanEp PIPE \ wiTNIN 8 "11TEEL CMINC, P1011LE N.Th. DESCRIPTION DRAWN CNEON•O APPROVED a I HUMBLE PIPE LINE CO. ENOIN66RINO DEPARTMENT HOUSTON, TEXAS TYPICAL PIPELINE CROOING hTREETS WITHIN CITY LIMIT4 OK CORPUS CHRISTI - NUECEh COUNTY , TE%Ah SCALE kDATE (A_ That the foregoing ordinance was read for th rst time and passed to its second reading on this the , -day of� 1970 ,, by the following vote: ((U Jack R. Blackmon Gabe Lozano, J. V. A. "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore That the foregoing ordinance was read for he second time and passed to its third reading on this the / day of Ll 44-,e, , 19 Z09 , by the following vote : Jack R. Blackmon Gabe Lozano, Sr. a V. A. "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore That the foregoing ordina_nc__/)( e� a�slread for the third time and passed finally on this the /,3 Y-4.d day of vote: , 19 70 , by the following Jack R. Blackmon ( Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore PASSED AND APPROVED, this the / B 4C_dIy of , 19 70 . ATTEST: 0,04 Axit,‘,..1 City Secr("f0 ary I MAT APPROVED AS TO LE L FORM T M DAY OF i� ' 1 THE CITY OF CORPUS CHRISTI, TEXAS 1 PL -70 ti LY HUMBLE PIPE LINE COMPANY 1+14 Lantana Street Corpus Christi, Texas 78408 June 12, 1970 Re: City Franchise Pita Island - Jct. 393 -4" Mr. T. Ray Kring City Secretary City of Corpus Christi P. 0. Box 9277 Corpus Christi, Texas 78408 Deer Mr. Kring: Please accept this letter as our acceptance of a franchise authorized by Ordinance No. 9740, which grants Humble Pipe Line Compaey to construct a pipeline along and under certain streets in the Flour Bluff Area. Enclosed is our draft in the amount of 5250.00 in payment of the required fee. We appreciate the excellent cooperation extended us by you and the other city officials. cc: D. C. Lamm L. V. Dennis Yours very truly, HUMBLE PIPE LINE COMP V. P. Massey, District Manager ,_f_e.6zJ v ..erg i 7- 4- 7& M�..I:elond_t3arr►es Classified {7 partment - Catler �.TSmes _ corpus Christi; Texas clear i elah�: ' The att40hed invoice wtth'Pui ldshae's ftfffdavft covering'the pr blicatfani..of the_ franchise whtch ba two uddl`tional readings and publications' is being retutned.- -_ If is deht�ed to hove one. invoice =and one publisher's Affidavit.' i1t Mrt W:`T. Tel) Assistant Dtstri t Manager' Humble.P[pe Line Coin ' ' y, '4141.antana arp fi ti, Texps' 784Q8 i ar Mi., Tull Ili s'hey,,referente:tq your -regti ai''of'March 3G� 1i? fow construct a fo09nch pipeline in - the Fkaur Bluff Arsa._.;. "The franchise, .which s= authorize0-4b i inance -on third.raading.yesterday,liy the'City Council -?nd, attached,heret '7110,fwvoice for cost "of publication.a when s ;*ti!‘ i4-4 s . : , • '"- 41 13, t9nt, ciastifInti Ofixarteteet ' - P 8!6* 9t36 Corpus Chrtsfl, Teas 78403 -."1),-nat Leind - - Suptemettmy Inner oF Apr,11- with witty qz 'ordinance, was enalOsiel -granting 'iffitiohti6-te the htetehle,- April 17-e: qnd. May T5 19704 rani athichins-a;:carticted copy of ftha- - r ordinance 4ileh you w II p1eae 13,011511-2,Aititi1 1/ and -May 1 '‘ -" striaerai _ City $ciarntniy,r,-,, - ' f April 9, 1970 Mr. Leland Barnes Classified Department Caller - Times P. 0. Box 2191 Corpus Christi, Texas 78403 Dear Leland: Herewith is an ordinance granting a franchise to Humble Pipe Line Company to lay, construct, operate, maintain, repair and remove a certain 4" petroleum products pipeline within the City of Corpus Christi, Texas. Please publish this ordinance on April 13, April 17, and May 15, 1970. The second and third reading votes will be called in after the meetings. Sincerely, T. Ray Kling City Secretary TRK/jw enclosure • r =, PUBLISHER'S AFFIDAVIT 0 STATE OF TEXAS, L. County of Nueces. J Before me, the undersigned, a Notary Public, this day personally came who being first duly sworn, according to law, says that he is the ..C1 sci fi qd 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 gr --Al ORDINA,p1wE GRATTING FRANCHISE TO HUMBLE PIPE LINE CO. "11 of which the annexed is a true copy, was published in th .. Tm on the_..1.3... day of .Apri l 19....7.Q and once each.....das___thereafter for 5191)9011ft--znor-e---hlmea--on—Lp-r-i.1. 17, and May 15, 1970. 12.5,30 • 1 Lela d •arne 4F,41(1100../ - , • ' dv. Mgr. Subscribed and sworn to before me day 19..70 9 Louise Vick Notary Public, Nueces County, Texas