HomeMy WebLinkAbout02440 ORD - 01/08/1949AN ORDINANCE
PROVIDING FOR THE PUBLICATION IN THE CORPUS
CHRISTI Tn=, TEE OFFICIAL NEWSPAPER OR TEE
CITY OF CORPUS CHRISTI, ONCE A YdE73K FOR THREE
CONSECUTM WEEKS, OF AN ORDrWCE PROPOSED TO
BE PASSED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI. TEXAS, GRANTING HOUSTON NATURAL
GAS CORPORATION A FRANCHISE TO OPERATE A NATURAL
GAS SYSTEM IN A PORTION OF THE CITY, SAID POR-
TION DESCRIBED IN SAID ORDINANCE; AND DECLARING
AN EMaGENCY.
WREREAS, on December 19, 198, Houston Natural Gas Corporation
Piled an amended application for the grant of a franchise to operate a
natural, gas distribution system in a certain portion of the City of Corpus
Christi; and,
wFi EAU, Article II, Seotious 17 and 18 of the City Charter of
the City of Corpus Christi requires that before an ordinance granting a
franchise shall be passed, same shall be.published in the official publi-
cation of the City in detail once a week for three consecutive weeks] and,
WHEREAS, it is deemed necessary that the proposed ordinanoe grant -
imi a franchise to Houston. Natural Gas Corporation be published in the of-
fioial: newspaper as required by the Charter of the City]
NOV, THEREFORE, BE IT ORDAINED BY TEE CITY COUNCIL OF TER CITY OF
CORPUS CHRISTI, TEXAS,
SECTION 1. That all things set out in the preamble of this
ordinance are found to be true and correct.
SECTION 2. That the following ordinance proposed to be passed
by the City Council, granting a franchise to Houston Natural Gas Corpora-
tion shell be published in the Corpus Christi Tines, the official news-
paper for the City of Corpus Christi once a week for a period of three
oonsaoutive weeks, said ordinance proposed to be passed being as follows,
to wit.
MUT
TITLE OF AN QRVWMCA C ANTUW A $$ANCIUSE
TO ErQUSTON NATWiAL GAS COSPORATWX
An Ordinance of the City Council of tits CW of Corpus
Christi sweating to Houton Natsrat Gen Corporation the
right, privilege and tranoMU to construct and operste
gas pipes and mains along the streets, avenues, alloys
and public pieces of a perlion of the City of Corpus
Christi iully described in such Ordinancs for distrihn-
taan end sale of SOMSi gas - prev[diag that War& be
do aa under Supervision of City Englaser - providing for
extensions to new customers - reserving to City the
right of regulation - providing for gas of good quality -
prohiidting tateriaremea With drainage - providing that
said franchise is ant exclusive - reserving to City the
right to inspect minters - prohibiting interference with
sewers and other pipes and drains - reserving right to
City to repair streets at Corporation's cost in event of
unreasonable delay - respiring removal of rubbish and
notarial - subjecting work of refilling and repairing ex-
oavaiiaas and streets to supervision of City Coarsen -
timitd s Interference with use of streets for travel
reseeving to City foil regulatory powers - providing for
bond - reserving to City right to decide eoaiitating
rights radar this franchise cad other freaahisse - re-
quirteg relocation of pipes to ecceanmodeb public works
reservation of lien by City to secure mantes due City
order franSIA" and for tMOS - providing
franchise shall not impair right of City to prescribe
charges - prescribing consideration for franchise -
providing for payment by said Corporation to City of
two per cent (2%) of gross receipts from sale of gas
in territory covered by and included in this franchise -
requiring annual statement to City - requiring proper
maintienance of pipeage system - prescribing term of
francbise and option of City to purchase physical
properties of the Corporation and prescribing basis
for valuation - prescribing terms of forfeiture - re-
serving right to City to regulate Corporation - sub-
jecting books and records of Corporation to examin-
ation and inspection - making franchise binding on Cor-
poration's successors or assigns - repealing ordin-
ances and portions thereof in conflict herewith, and
filing generally the rights of the parties under such
franchise and fixing penalties.
BE IT ORDADMD BY THE CITY COUNCII. OF THE
CITY OF CORPUS CHRISTI-
SECTION L There is hereby granted to Houston Nat-
ural Gas Corporation, a Texas corporation with its domicile and
principal place of business at Houston, in Harris County, Texan,
hereinafter referred to as Grantee, its successors and assigns,
subject to the germs and conditions hereof, the right, privilege and
fr ---164 a to construct. extend, operate and maintain, from time to
time and contianeusly during the term hereof, a plant and pipeage
system, including all lines, connections and other equipment acc-
essary and incident thereto, for the distribution and sale of natural
gas to the people residing in and the industrial, cc=rnercial, edu-
cational and other institutions located in the portion or portions of
the City of Corpus Christi as designated and described in SECTION
3 hereof at such rates as the City Council of the City of Corpus
Christi shall make, from time to time. and for the transportation and
sale by Grantee of natural gas in, -into and through the portion or por-
tions of the City of Corpus Christi designated and described in SEC-
TION 3 hereof, upon, beneath, over and across the streets, avenues,
thoroughfares, bridges, streams, alleys, parks, lanes and squares
of said City of Corpus Christi located in the territory designated and
described in SECTION 3 hereof, upon the conditions and stipulations
set forth in this ordinance.
SECTION 2. Throughout this ordinance the Houston
Natural Gas Corporation is referred to as `Grantee ", the City of
Corpus Christi is referred to as 'The City, and the City Council of
the City of Corpus Christi is referred to as `City Council', and
shall be so understood.
SECTION 3. The territory within said City covered by
this franchise and to which the franchise is applicable is described
as follows, to -wit:
AREA ONE
Beginning at a point on the South boundary line of
Doddridge street and shoreline of Corpus Christi Bay.
same being loo feet N. Sao 54• E. of the Northeast
corner of My" Park Addition;
Thence in a Southwesterly direction with the
South boundary line of Doddridge Street to the East
boundary line of Alameda Drive;
Thence in a Southeasterly direction with the East
boundary line of Alameda Drive to the West boundary
line of Everhart Road;
Thence in a Southwesterly direction with the West
boundary line of Everhart Road to a point opposite the
Southwest corner of Lot 1, Section 2. of the Flour
Bluff and W.—i—i Farm and Garden Tracts;
Thence in a Southeasterly direction with the South
boundary line of Lot 1, Section 2, Flour Ali, and En-
eiaal Farm and Garden Tracts, same being the South
boundary line of Alameda Park Addition, to a point 150
feet East of the center -line of Everhart Road, the pres-
ent City Limits Line:
Thence and following the present City Limits Line
in a Northeasterly direction parallel to and 150 feet
East of the centerline of Everhart Road to the North
boundary line of Section 2 of Flour Bluff and Encinal
Farm and Garden Tracts;
Thence in a Southeasterly direction with the pre. -.
eat City Limits Liao and the North property line of
Sections 2 & 14, same being the centerline of Alameda
Drive and Alameda Drive projected, to the Northwest
corner of Lot 5, Section 14, Flour Bluff and Encinal
Farm and Garden Tracts;
Thence in a Southwesterly direction with the pres-
ent City Limits Line to the Southwest corner of Lot 5.
Section 14, Flour Bluff and Encinal Farm and Garden
Tracts;
Thence in a Southeasterly direction with the pres-
ent City Limits Line to the Southeast corner of Lot 5,
Section 14. Flour Bluff end Encinal Farm and Garden
Tracts;
Thence in a Northeasterly direction with the pres-
ent City Limits Line to the Northeast corner of Lot 5,
Section 14, Flour Bluff and Encinal Farm and Garden
Tracts;
Thence in a Southeasterly direction with the North
property line of Sections 14 & 17, Flour Bluff and Encin-
al Farm and Garden Tracts, and with the present City
Page 2.
Limits Line to the West bank of Cayo Del Ono;
Thence in a Northwesterly direction following the
meanders of the West bank of Cayo Del 0 s and the
present City Limits Line to its intersection with Cor-
pus Christi Bay;
Thence in a Northwesterly direction with the
Shoreline of Corpus Christi Bay to the South boundary
line of Doddridge Street, the place of beginning.
AREA TWO
Beginning at a point in the present City Limits
Line 180 feet South of the centerline of Golliba* Road
and opposite the East boundary line of Carroll Lane;
Thence in a Northeasterly direction with the
East boundary Ifve of Carroll Lane to a point 185 feet
North of the North boundary line of Houston Street
Thence In a Northwesterly direction with a line
that is 185 feet North of and parallel to the North
boundary line of Houston Street to a point in the South-
east boundary line of the Lora Meespies Est. 51.6
acre tract, `out of the Lewis and Willard Tract;
Thence in a Southwesterly direction with the
Southeast boundary line of the Lora Kleespies Est.
51.6 acre tract and the Northwest boundary line of the
Gust Heys Subdivision, to the North boundary line of
Horne Road;
Thence in a Northwesterly direction with the
North boundary line of Horne Road to a point in the
South boundary line of Cliff Maus Municipal Airport
Thence in a Westerly direction with the South
boundary live of CHU Maus Municipal Airport to the
Northeast corner of Lot 8, Section 5, Range 9, Gugan-
heim and Cohn Farm Lots, same being a point in the
Present City Limits Line;
Thence in a Southerly direction with the East
property line of Lots 8, 9. & 16, Section 5, Range 9,
Gugenheim and Cohn Farm Lots, and following the
present City Limita Line to a point 180 feet South of
the centerline •of Gollihar Road projected;
Thence in a Southeasterly direction with a line
that is 180 feet South of and parallel to the centerline
of Gollihar Road, said line being the present City
Limits Line to the East boundary line of Carroll
Lane, the place of beginning.
It is specifically understood that the franchise granted hereby relates
to and covers only the above described portion or portions of said
City and the rights and privileges granted hereby are applicable to
Page 3.
such territory only and no other portion or portions of said City.
SECTION 4. Grantee, subject to the performance by it of
all obligations herein assumed by it, shall have the right, subject to
the Charter and Ordinances of The City, and the terms and conditions
hereinafter set forth, to extend, replace and repair its pipeage system
now fn use and hereafter constructed coextensive with the limits of the
territory described in SECTION 3 hereof, but shall restore the streets
upon which the pipes are extended, replaced, repaired or constructed,
putting them in as good condition as before. Grantee shall be required,
before doing any work in the streets, to first notify the City Engineer
of its intention to do so; all such work shall be done under approved
specifications and supervision of said Engineer. To this end, The City
hereby grants and concedes to Grantee the right and privilege to enter
upon, and to construct, operate and maintain its mains and pipes in,
upon, across and along any and all of the streets, squares, parks,
lanes, alleys and public thoroughfares of The City, and over and across
any stream or streams, bridge or bridges, owned or controlled by The
City, when approved by the City Engineer, and to take up paving and
sidewalks in and upon said streets, alleys, and lanes, and over and
across any stream or bridge, and to make such excavations as may be
necessary, and to take up, construct, repair, replace, operate and main-
tain its pipes and lines in, along, over and across the same, such rights
and privileges being restricted, however, to the territory described in
SECTION 3 hereof. All excavations made in any of said streets, lanes,
alleys and bridges shall be done in such a manner as to give the least
inconvenience to the public, all work shall be done speedily and all ex-
cavations and openings shall be replaced in good condition at the cost
and expense of Grantee, and to the satisfaction of City Council.
Page 4.
This grant and franchise to so use the streets, alleys, lanes
and avenues is based upon and the consideration therefor is the sum
of Five Thousand {$5,000.00) Dollars paid by Grantee to said City and
the further consideration of the strict performance by Grantee of all
of the obligations undertaken by it under the terms and provisions of
this franchise.
SECTION 5. Grantee shall extend its pipes within the terri-
tory described in SECTION 3 hereof and shell furnish services, from
time to time, as City Council may demand, upon a showing that one
new customer for gas for every one hundred feet (100') of new exten-
sion has agreed in writing to take and use gas on such extension.
SECTION 6. In granting this franchise The City does not
waive its regulatory powers, or any other rights, under its Charter as
it now exists, or as it may be amended hereafter, nor any of its rights
under the laws, present and future, of the State of Texas, nor any of
its right. under present or future Ordinances of said City.
SECTION 7. Grantee shall furnish gas of a good, high
grade, first class quality, as ascertained and determined, from time
to time, by the City Council under its present or future regulatory
powers.
SECTION 8. Grantee shall not impair in any manner the na-
tural or artificial drainage of The City or its underground fixtures,
and in crossing any stream with its lines it shall do so in such manner
as not to impair navigation or the natural drainage of the stream, and
to the satisfaction of the City Council.
SECTION 9. The rights herein granted shall not be exclus-
ive and The City reserves the power to grant like rights for similar
uses, subsequent grants, however, not to interfere unreasonably with
the proper exercise of the rights and privileges herein granted, and
Page S.
further reserves the right to extend its own lines and distribute gas
in the territory covered by this franchise.
SECTION 10. Grantee's meters shall be subject, at all _
reasonable times, to inspection by the authorized agents of The City.
Grantee shall be subject to all ordinances now in force and all ordin-
ances that may be hereafter passed by the City Council.
SECTION 11. In making extensions or repairs to its
pipeage system Grantee sha11 not interfere with any sower, water or
heating pipes or public or private drains in any street, highway or
alley, nor, shall the same be disturbed or molested in any —", r ex-
cept with the consent and under the direction of the. City Council.
SECTION 12. If, in the opinion of the City Council, there
is an unreasenehle.delay.by Grantee in restoring streets, highways,
bridges, etc., after excavations, repairs and extensions have been
made, The City stmt have the right to restore or repair same and to
require Grantee to pay the reasonable cost thereof.
SECTION 13. All dirt, rubbish and material left after the
streets, highways or alleys have been restored or repaired by Gran-
tee shall be removed by it at once. U. after such restoration or re-
pairing, the places excavated and refilled become depressed or sink
because of work done by Grantee so as not to be in as good condition
as before the excavations were made, then, and in such event, Grantee
shall again, and from time to time, as necessary, restore said
A
streets, highways or alleys so that same shall be in as good condition
as before the excavations were made, and upon Grantee's failure so
to do the City shall have the right to make such restorations, for the
reasonable cost of which Grantee shall be liable to The City.
SECTION 14. In the construction, maintenance and repair
of its lines, Grantee, without express consent of City Council, sh.0
not permit the existence of any unfilled excavation or ditch in excess
Page 6.
of a distance of five hundred feet (Soo') on any public street, alley,
thbronghfare or other public place. Any work being done, whether
extensions or repairs, necessitating-the excavating or tearing up of
a street -ball be dose with all reasonable dispatch and fa such man -
Urr as not to interfere unnecessarily with the use of the street for
travel.
SECTION 15. The enumeration herein of special duties
required of Grantee shall not be construed as a limitation of the
powers and dutiea conferred upon The City by its Chart -r, the laws of
the State of Texas and all present and future ordinances, and Grantee
shell perform all duties required of it by the Charter and all valid
ordinances of The City and the laws of the State of Texas.
SECTION 16. 9 Grantee, in laying its pipes, Coates in Con-
flict with the rights of any other person or corporation having a fran-
chise from The City, the City Council shall decide all questions con-
cerning any conflicting rights of the respective parties, and shall de-
termine the location of the structures of said parties and what changes,
if any, should be made and at whose cost, and shall reconcile the dif-
ferences of the parties in such matter.
SECTION 17. if The City, In constructing its sewers,
streets or other public works, should require any pipe or pipes of
Grantee to be shifted or relocated, such pipe or pipes shall be prompt-
ly shifted or relocated by Grantee, at its own expense as and when re-
gnired by The City.
SECTION 18. For any and all moneys which may be just-
ly due, or become due, to The City under the provisions of this ordin-
ance, as well as aY lawful taxes which may be imposed and become
due and Payable to The City upon this franchise, or any other property
of Grantee.. situated within the corporate limits. The City shall have a
valid and enforceable lien upon all of Grantee's property as well as
Page 7.
to
the franchises and rights -herein granted.
SECTION 19. If any pipe or other equipment of Gran-
tee should get out of order or in bad condition so as to affect or
threaten to affect the public health, safety or conveniences of the
Public, Grantee, on request of the City Council, will restore same to
good condition; and upon Grantee's failure so to do, The City shall
have the right to remove such pipe or equipment, or put the same in
good condition, for the reasonable cost of which Grantee shall be
liable.
SECTION 20. In granting this franchise The City re-
serves its rights to regulate all public utilities, including Grantee,
and to regulate the rates or charges for services within The City
agreeable to the Constitution and laws of the State of Texas.
SECTION 21. As further consideration for the granting
Of this franchise, Grantee shall pay, to The City annually, during the
period of this franchise, two per cent (z%) upon its anonal gross re-
ceipts from the sale of gas within the territory covered by this fran-
chise, such payment to be made on or before sixty. (60) days after the
end of each calendar year.
SECTION 22. Grantee shall furnish, on or before sixty
(60) days after the closing of each calendar year during the life of
this franchise, to the City Council, a written statement showing its
gross receipts from the sale of gas in the territory covered by this
francWas, for the previous calendar year, and Grantee shall simul-
taneously with the furnishing of the aforesaid statement, make pay-
ment to The City of the two per cent (2%) of the gross receipts as pro-
vided for in the preceding section. The books of the Grantee shall be
subject, at all times, to inspection by the City Council and other au-
thorized City officials.
SECTION 23. At any time after ten (10) years from the ef-
fective date of this franchise, The City, at its option. may purchase the
Page S.
gas distribution lines of Grantee then owned and used by it within the
then corporate limits of The City, including service lines, meters,
house regulators and other property used in connection with the dis-
tribution of gas in The City and situated within its corporate limits, at
the then fair and reasonable value thereof. If The City elects to exer-
cise its option aforesaid the fair and reasonable value of such property
shall be determined by agreement between Grantee and the City Council.
In the event Grantee and the City Council cannot agree upon the fair and
reasonable value of said property such value shall be determined by a
Board of Arbitrators consisting of five (5) members, two (Z) of such mem-
bers to be selected by Grantee, two (2) of such members to be selected
by the City Council and the fifth (5th) member to be selected by the four
(4) members so selected by Grantee and the City Council. In the event
the four (4) members so selected by Grantee and the City Council cannot
agree upon a fifth (5th) member then such fifth (5th) member of said Board
of Arbitrators shall be selected by the Senior Judge of the United States
Christi
District Court in and for the District in which the City of Corpuais then
situated. The five (5) members of the Board of Arbitrators shall then
fix the fair and reasonable value of said properties and Grantee and The
City agree to abide, and be bound, by the value so fixed by the Board of
Arbitrators, and a decision by a majority of said Board of Arbitrators
shall be considered the decision of said Board. In fixing such value, as
herein provided, Grantee shall not be entitled to any payment or valua-
tion because of value derived from the franchise herein granted, or the
fact that Grantee may, at the time of said valuation, be a going concern du-
ly installed and operating. The City shall give Grantee six (6) months
written notice of its election to exercise the option hereby created.
SECTION 24. In addition to the rights, privileges, and fran-
chise granted to Grantee, as hereinabove set forth, Grantee is hereby
Page 9.
�;L
granted the right of ingress and egress for the purpose of operating,
maintaining, repairing, and replacing that portion of Grantee's gas
transmission line located within the corporate limits of The City, which
transmission line Grantee is now using for the purpose of serving the
areas described herein and areas beyond the present City Lialts,includ-
ing the U. S. Naval Air Training Station.
SECTION 25. The rights, privileges and franchise herein
granted to Grantee shall extend to and include its successors and assigns,
and the terms, conditions, provisions, requirements, and agreements in
this ordinance contained, and each of them, shall be binding upon the suc-
cessors and assigns of Grantee. No assignment of this franchise, howev-
er, shall be binding upon the City without its consent and approval thereof
having been obtained.
SECTION Zb. Grantee shall file with The City, within twenty
(20) days after the final passage of this ordinance, its bond and obliga-
tion, to be approved by the Mayor, in the sum of Twenty -five Thousand
($25,000.00) Dollars, conditioned that no excavations shall be made un-
necessarily, and that any and all excavations made or obstructions placed
in-any street, alley or public grounds of The City, under this franchise,
shall at all times be properly guarded by Grantee, end any and all pave-
ments, sidewalks and intersections that may be opened or torn up by
Grantee shall be replaced speedily, properly and safely, with all reason-
able dispatch and in first class manner, and such obligation shall be re-
hewed when and as often as the City Council shall require.
SECTION 27. If Grantee fails to maintain its plant and pipeage
system, including all of its lines, connections and other equipment in
good condition, or fails to operate the same with efficiency and at reason-
able rates, or if Grantee fails to comply with the provisions of this fran-
chise, such failure to be judicially determined, then at the option of the
City Council the Grantee shall forfeit and surrender all the rights,fran-
chiles and privileges herein granted, and the same shall thereupon imme-
diately terminate: the power here given to forfeit the franchise herein
Page 10.
S a
greeted in to additlon to powers resered or given to The Cuy by o-
ar parts of thts ordbacto and by the Charter of said City and the I",
of the State of To". and We settlon ahsll not be congt mW as limit-
nag or restricting each other powers.
SECTION 88. Ant ordiaaacas and pens of ardiaaeses whisk
in MAY maaav coaflfct wfih the praviatoae of this ordiasap are hereby
rapsaled insofar as that' UAY be in conflid with this osdiaaaae or any
partthersof.
SECTION 89. iTpon the falf ful sompUfts by Grantee with
the taryas and soaditlana of this ardhosee, Grsatse shall have and an-
joy the 910te, pewers ofd privileges herein granted for a term ending
and expiring twenty -five (85) years from and after the attentiva data
of this ordivasoa.
SEGTiON 80. Simaltaneously with the final passage of We
Ordinance Grantee has fil" its written accaptsaceof same with the City
asasetary.
SECTION 91. This erdfstanea shall be @Manve foamed €ably
upon its passage and approval ae provided by the City Charter and upon
CPrsatee filing amt the Mayor approves the Bond as provided for to
SECTION 36 bereot.
The foregoing Ordtasare was read the That Una and passed
to efts Saw readimg oA the day of 11"91
by the following wee,
Washy E. Seale
George R. Clark, Jr.
John A. Ferris,
R. R. Hearp
Joe T. Bawsou
The toragaftg mrdinancs was rand ilia seamed OM and passed
to the third reading so the day of
by ft* foilovving vote:
-u-
Wesley E. 8""
George R. Clark, Jr.
John A. Ferris
R. R. Remy
Joe W. Dawson
TbA foregoing Ordbnvxw was we" as third time mid pass"
and ordered approved by 69 Mayas'. an the _ day of
1949, by the bU"Ug votat
Wesley M. sea"
George R. Clark, Jr.
JaM A. FaTb
R. R. Hemy
Joe T. Dwwsm
"PROVED We "y of .109.
MAYOR
City of Corpus Christi. Ton".
ATTEST.
Cw socresm-sy
APPROVED AS TO LMQAL FOWL
- City Attawasy-
SECTION 3. The necessity for insuring and procuring adequate
natural gas facilities for the City of Corpus Christi creates a public
emergency and Imperative necessity requiring the suspension of the Charter
rule that no ordinanoe or resolution shall be passed finally on the date
it is introduced and that such ordinance or resolution shall be read at
three several meetings of the City Council, and the Mayor having declared
that such public emargeaoy and imperative necessity axiet, and having re-
quested that suolu Cbarter rule be suspended, and that this Ordinance be
passed finally on the date of its introduction and take effect fron and
after its passage, IT IS ACCORDINGLY SO ORDAIN -...D.
PASJED AND APPROVED this day of January, A. D. 1949.
T
O
City of Corpus Christi, Teaae
Corpus Christi, Texas
January 8 , 1949
TO THE MMMS OF THE CITY UMCIL
Corpus Christi, Texas
Gentlemenc
For the reasons set Forth in the emergenoy clauee of the fore-
going ordinance, a public emargeaoy and imperative necessity exist for
the sucpansion of the Charter rule or requirement that no ordinance or
resolution shall be passed finally on the date it is introduced, and
that such ordinance or resolution shall be read at three meetings of
the City Council; I, therefore, hereby request that you suspend said
Charter rule or requirement and pass this ordinance finally on the
date it is introduced, or at the present meeting of the City Council.
Respectfully,
R
City of Corpus Christi, Texas
The Charter rule was suspended by the following vote;
Wesley E. Seale
George R. Clark, Jr.
John A. Ferris
R. R. Henry
Joe T. Dawson
The above ordissanoe was passed by the olio tng vote:
:ssley E. Seale
George R. Clark, Jr.
John A. Ferris
R. R. Henry
Joe T. Dawson