HomeMy WebLinkAbout02313 ORD - 07/20/1948AN ORDINANCE 2 3 13
GRANTING To AMMICAN 1MZR LrSPIRTTS..4CE/PAHY THE
RIGHT. PEIVU8= AND FRANCHIM To Lay
AND MAI TAIN A PIPE LINE FOR THE TRANS -
PCRTATION OF OIL, cm PETROLm AND
TBEIR BY- PRODUCTS OM AND ALONG CERTAIN
STREETS OF TEN CITY CF CORPUS CHRISTI,
TESAAgs AND PROVIDING FOR REAsOnum
REGDLATICNS, FOR A CONSIDERATION AND FOR
FoRMITDBB.
NUMAS, by Ordinance No. 129+ passed and approved by the City
00unoil of the City of Corpus Christi, Texas, on the 5t4 day of August,
191,1. Ameoo Pipe Lira Company was granted the right to lay and maintain a
Pips line on certain streets in the City, set out in said ordinance for a
five year periods and,
VERREAS, the term of said right of franchise has expired and American
Mineral Spirits Company is desirous of renewing their franchise in order
to allow them to continue maintaining a pipe line as aforesaid,
NOW, THEREFORE, BE IT ORDAINED BY TBB CITY COUNCIL OF THE CITY
CF CCRPCS CHRISTI, TEBASs
SECTION 1. That the right, privilege and franchise is hereby
Company
granted to American. Mineral Spirits /aoration, its suocesacrs and
assigns to maintain a pipe line from within the City Limits of the City of
Corpus Christi along the following described routes
Beginning at a point in the western boundary line of
the City Limits of Corpus Christi, 'West of Nueoes Bay
Boulevard where the approximate extension of West
Broadway interseots it to its facilities and proceed-
ing in an easterly direction on the North aide of West
Hrosdway to their facilities situated on the General
American Tank Storage Terminal No. 1 in said City, all
as is more fully sh— by map of said pipe line here-
tofore filed with the City Secretary and the Director
of Public Works at the time of the passage of Crdi-
nance No. 7294,
for the purpose of transporting oil, crude petroleum and their by- produots
mainly into refineries to be processed and refined.
SECTION 2. This grant is on the express condition that such
pipe line will be maintained in a good and workmanlike manner, subject to
the regulations of the City of Corpus Christi and under the direction and
supervision of the Director of Public works of said City.
SECTION 3. The grantee shall save and keep harmless the City of
Corpus Christi from any and all damages arising out of the laying, mainte-
name and existence of such pipe live or any work or axoavation done in
connection therewith.
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SECTION 4. This franchise shall take effect from and after its
final passage and approval and continue for five (5) years thereafter. Said
franchise shall be subject to forfeiture for cause at any tim®s provided
that grantee sball.be given thirty (30) days written notice of such intention.
Cause for forfeiture shall be the failure of grantee to maintain the pipe line
in accordance with the provisions of this franchisef and its failure to remove
and eliga -aid pipe Use to conform to any changes in the route or grade of
the public property on which it is laid.
SECTION 5• An consideration for this franchise, grantee shall pay
the City of Corpus Christi the sum of Ten Dollars ($10.00) upon the final
passage and approval of this ordinance and the further eem of Ten Dollars
($10.00) for each year of the term thereof. Should grantee remove the
Pipe line covered by this franchise, or say portion thereof, it shall re-
place at its expense that portion of the streets traversed by said pipe
line in as good condition as before said pipe line was removed. In like
manner, in laying said pipe line, grantee shall replace the street in as
good condition as before said pipe line was laid.
SECTION 6. Thin grant is on the express condition that no natural
gas, or gee of noT nature, will be transported through such pipe line.
SECTION 7- Upon the termination of this grant, this franchise,
as well as the property of grantee in the streets of Corpus Christi, may
beocme the property of the City upon the payment of a fair valuation there-
for, to be fixed by a board of arbitration composed of three members, one
selected by the City, one by the grantee and the third selected by the first
two, and such arbitration shall be had in accordance with the laws of Texas
governing arbitrations provided that, the grantee shall never be entitled to
eW payment or valuation because of any value derived from the franchise or
the fact that it is or may be s going concern duly installed and operated.
SECTION B. In the event of the termination of this franchise and
the City at such time not desiring to take over said line by purchase
through arbitration, the Grantee herein agrees to remove said line at their
on expense and to replace all streets in the sae good condition they were
in at the time of the removal of said line.
SECTION 9. grantee shall file with the City of Corpus Christi a
written aooeptaaoe oP the provisions of this fr —hiss �dthin thirty days
after its final passage and approval.
The foregoing Ordinenoe was read the first time, and passed to
the seoond reading, on the day of July. A. D. 1948, by the following
vote s
Wesley 8. Beale
George & Clark, Jr.
Jobe A. Berrie
a. R. Henry
Joe T. Dawson
The foregoing Ordinance was read second time, and passed to
the third reading on the. /3 dhp Of July, A. D. 194B, by the Pollowiag
votes
Wesley E. Seale
George R. Clark, Jr.
John A. Ferris
R. H. Henry
Joe T. Dawson
The foregoing Crdinanoe was road third time and passed and
ordered approved by the Mayor, on ths,2&_day Of July, A. D. 1948, by the
following votes
Wesley E. Seale
George R. Clark, Jr.
John A. Ferris
R. H. Henry
Joe T. Dawson
8PPa0P&D this -day of July, A. D. 194$,
ATTS3Tt
City of Corpse Christi, T.
e
APPRO70 AS TO LEGAL FQMa
Is wo.ne,, X313.