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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. a313 I 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.