HomeMy WebLinkAbout02779 ORD - 05/23/1950AN ORDINANCE
PROVIDING FOR THE PUBLICATION, IN THE CORPUS
CHRISTI TIMES, THE OFFICIAL NEWSPAPER OF THE
CITY OF CORPUS CHRISTI, ONCE A WEEK FOR THREE
CONSECUTIVE WEEKS, OF AN ORDINANCE PROPOSED
TO BE PASSED BY THE CITY COUNCIL. OF THE CITY
OF CORPUS CHRISTI, TEXAS, GRANTING HOUSTON
NATURAL, GAS CORPORATION A FRANCHISE TO OPER-
ATE A NATURAL GAS SYSTEM IN A PORTION OF THE
CITY, SAID PORTION DESCRIBED IN SAID ORDINANCE;
AND DECLARING AN EMERGENCY.
WHEREAS, Houston Natural Gas - Corporation has made 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,
WHEREAS, Article 11, Sections 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 ordinance grant-
ing a franchise to Houston Natural Gas Corporation be published in the of-
ficial newspaper as required. by the Charter of the City;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
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 shall be published in the Corpus Christi Times, the offical newspaper
for the City of Corpus Christi once a week for a period of three consecutive
weeks, said ordinance proposed to be passed being as follows,
to -wit:
_�9
TITLE OF AN ORDINANCE GRANTING A FRANCHISE
TO HOUSTON NATURAL GAS CORPORATION
An ordinance of the City Council of the City of Corpus Christi
granting to Houston Natural Gas Corporation the right, privil-
ege and franchise to construct and operate gas pipes and mains
along the streets, avenues, allays and public places of a portion
of the City of Corpus Christi fully described in such Ordinance
for distribution and sale of natural gas - providing that work
be done under supervision of City Engineer - providing for
extensions to new customers - reserving to City the right of
regulation - providing for gas of good quality - prohibiting
interference with drainage - providing that said franchise is
not exclusive - reserving to City the right to inspect meters -
prohibit ing interference with sewers and other pipes and drains -
resdrving right to City to repair streets at Corporation's cost
in event of unreasonable delay - requiring removal of rubbish
and material - subjecting work of refilling and repairing ex-
cavations and streets to supervision of City Council - limiting
interference with use of streets for travel - reserving to City
full regulatory powers - providing for bond - reserving to City
right to decide conflicting rights under this franchise and other
franchises - requiring relocation of pipes to accommodate public
works - reservation of lion by City to "care monism due City
under franchise and for taxes - providing franchise shall not
impair right of City to prescribe charges - prescribing considera-
tion for franchise - providing for payment by said Corporation to
City of two per cent (I$) of gross receipts from sub of gas in
territory covered by and included is this franchise - requiring
annual statement to City - requiring proper maintenance of pipeage
system - prescribing term of franchise and option of City
to purchase physical properties of the Corporation and prescrib-
ing basis for valuation - prescribing terms of forfeiture - re-
serving right to City to regulate Corporation - subjecting books
and records of Corporation to examination and inspection -
making franchise binding on Corporation's successors or
assigns - repealing ordinewes s and portions thereof in con-
flict herewith. and fining generally the rights of the parties
Under such franchise and fixing penalties.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI.
SECTION 1. There is hereby granted to Houston Nataral
Gas Corporation. a Texas corporation witk its domicile and principal
Place of business at liieatoa. is Harris County, Texas. hereinafter
referred to as Grantee, its snessasers a" assigns. subject to the
terms and Conditions hereof, the right, privilege and franchise to con-
struct. extend. operate and maintain, from time to time sad continuously
during the term hereof, a plant and pipeage system, including all lines.
connections end other equipment necessary and incident theretoi for
the distribution and sale of natural gas to the people residing in and
the industrial, commercial, educational and other institstiona located
in the portion or portions of the City of Corpus Christi as designated
and described is SECTI :3N 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 portions of the City of Corpus Christi designated and
described in SECTION 3 hereof, upon, beneath, over and across the
streets, avenuse. thoroughfares. bridges. streams, alleys, parks, lanes
and squares of said City of Corpus Christi located is 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 Naftral
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 Cousell "f: and shall be so underatood.
SECTION 3. The territory withiT said City crwered by
this franchise and to which the franchise is applicable is described
as follows, to -wits
WINDSOR PARK ADDITION (UNIT NO. ONE):
Beginning at a point to the centerline of Alameda
Drive. "am being flee Northwest corner of Windsor
Park Addition (Uait Number one) and a point is the
present; City limits line;
Thence S. ?90 oa' W. with the Northwest boundary
line of Windsor Park Addition (Unit Number Oat) same
being the present City limit& line, 2640 feet to a point
is the centerline of Golithar Road. the Southweat corner of
Windsor Park Addition (Unit Number One);
Thence S. 610 001 E. with the Southwest boundary line
of Windsor :Park Addition (Unit Number One) same being
the ceatsrlina of Goilthar Road and the present City limits
line. 849 feet to the Southeast corner at Windsor Park
Fed ditlon (Unit Number 7ne);
Thence N. 290 OWE. with the Southeast boundary line
of Windsor Park Addition (Unit Number .one) same being
the present City limits line, 2640 feet to a point in the
centerline of Alameda Drive. the Northeast corner of
Windsor Park Addition (Unit Number 0")i
Thence N. 610 00' W. with the Northeast boundary
line of Windsor Park Addition (Unit Number One) awns
being the centerline. of Alameda Drive, 949 feet to the
place of beginning.
ROSEMARY PI.A CE ADDITION
Beginning at a point in the present City limits line
180 feet South of the centerline of Gollihar Road and the
Northwest boundary line of Rosemary J'lace Addition;
Thence S. 28o 10' W. with the Northwest boundary
line of Rosemary Place Addition, same being the present
City limits line, 1140.5 feet to a point in the centerline
Of Siannybrook Road, the Southwest corner of Rosemary
'lace Addition.
Thence S. 610 40' E. with the Southwest boundary
line of Rosemary Place Addition, same being the Center-
line of Sannybreok Road, and the present City limits line.
665.7 feet to the Southeast corner of Rosemary Place
Addition.
Thence N. 280 10' E. with the Southeast } boundary line
Of Rosemary Place Addition same being the present City
limits lime 1140.5 feel to a paint 180 feet South of the center-
line of C,ollihar Road.
Thence Ni. 610 40' W. with a line that is 180 feet South
of end parallel to the centerline of Gollthar Road 665.9 feet
to the place of beginning.
Page 2.
it is specifically understood that the franchiss granted hereby relates
to and covers only the above described portion or portions of said
City and the rights and privileges great" hereby are applicable to
such territory only and no other portion or portions of said City.
SLCTI3N 4. Grantee, subject to the performance by it
of all obligatieas herein assumed by it, shall have the right, subject
to the Charter and Ordinances of Tae City, and the terms and conditions
hereinafter set forth, to extend, replace and repair its pipeage system
now in use and hereafter constructed coextensive with the limits of
the territory described in SECTADN 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 maintain 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 is any of said
streets, lanes, alloys and bridges shall be dome in each a .manner as
to give the least inconvenience to the public, all work shall be done
speedily and all excavations and openings shall be replaced is good
condition at the cost and expense of Grantee, and to the satisfaction of
City Council.
Page 3.
This grant and franchise to so use the streets, alleys, lases
and rvem►es is based upon and the consideration therefor to the sum of
One Hundred ($1100.04) Dollars paid by Grantee to said City and the
further consideration of the strict porform4ace by Grants* of all of the
obligations undertakes by it under the terms sad provisions of this fraa-
chile.
SECTION 5. Grantee shall extend its pipes within the ter-
ritory described in SECTION 3 hereof and &hail furnish services, from
time to time, as City Council may demand, upon a showing that one
new customer for gas for every one hundred (160') feet of now exten-
sion ha* 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 say 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
rights 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 power a.
SECTION S. Grantoe shall not impair in any manner the
natural or artificdal drainage of The City or its underground fixtures,
and in crossing any stream with its lines it @hall 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
further reserves the right to extend its own lines and distribute gas
in the territory covered by this franchise.
SECTION 10. Grantee's meters &hall be subject, at all
reasonable times, to inspection by the authorised agents of The City.
Page 4.
Grantee shall be subject to all ordinances now in force and all ordin-
ances that may be hereafter passed by the City Council.
SECTION U. In making extensions or repairs to its
pipeage system Grantee shall not interfere with any sewer, water or
beating pipes or public or private drains in any street, highway or
alley, noo• shall the same be disturbed or molested in any manner ex-
cept with the consent and under the direction of the City Council.
SECTION 12. U. in the opinion of the City Council, there
is an unreasonable delay by Grantee in restoring streets, highways,
bridges, etc., after excavations. repairs and extensions have been
made, The City shall 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 Grantee
shall be removed by it at once, if, after such restoration or repairing,
the places excavated and refilled become depressed or sink because
of work done by Grantee so ae 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 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 sad repair
of its lines, Grantee, without express consent of City Council, shall
not permit the existence of any unfilled excavation or ditch in excess
of a distance of five hundred feet (Soo') on any public street, alley,
thoroughfare or other public place. Any work being done, whether
extensions or repairs. necessitating the excavating or tearing up of
a street shall be done with all reasonable dispatch and in such manner
as not to interfere unnecessarily with the use of the street for
travel.
Page 5.
SECTION 15. The enumeration herein of special duties
required of Grant" shall not be construed as a limitation of the
powers and duties conferred upon The City by its Charter, the taws of
the State of Texas and all present and future ordinances, and Grantee
*hail 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, If Grantee, in laying its pipes, comes in con-
flirt with the rights of say 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,
U any, should be made and at whose cost. and shall reconcile the dif-
ferencea 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 shalt be promptly shifted or
relocated by Grantee, at its own expense as and when required 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 any 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
the franchises and rights herein granted.
SECTION 19. If any pipe or other equipment of Grantee 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 &hail be liable.
Page 6.
SECTION 20. In granting this franchise The City reserves
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 (2"/0) upon its annual 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
franchise, 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 (2a) 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-
thorised City officials.
SECTION 23, Upon the termination of this franchise The City,
at its option, may purchase the gas distribution lines of Grantee then
owned and used by it within the area covered by this franchise, includ-
ing service lines, meters, house regulators and other property used
In connection with distribution of gas used in such area at the then
fair and reasonable value thereof. if The City elects to exercise
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 (2) of such members to be selected by Grantee, two (2)
Page 7.
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) snembera so selected by
Grantee and the City Council cannot agree upon a fifth (5th) member than
such fifth (5th) member of said Board of Arbitrators shall be selected by
the Senior judge of the united States District Court in and for the District
in which the City of Corpus is 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 Hoard of .Arbitrators, and a decision by a
majority of said Board of Arbitrators shall be considered the decision
of said Hoard. In fixing such value, as herein provided, Grantee shall
not be entitled to any payment or valuation 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 duly 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-
china granted to Grantee, as hereinabove set forth, Grantee is hereby
granted the right of ingress and *gross 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 Limits, 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 Aral assigns,
and the terms, conditions, provisions, requir*m*nts, and agreements in
this ordinance contained, and each of there, shall be binding upon the
successors and assigns of Grantee. No assignment of this franchise,
however, shall be binding lapon The City without its consent and approval
thereof having been obtained.
Page 8.
SECT1i7N 26. Grantee shall snake no unnecessary excavations
and 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, and any and all pavements, side-
walks and intersections that may be opened or torn up by Grantee shall
be replaced speedily, properly and safely, with all reasonable dispatch
and in first -class manner. The bond heretofore filed by Grantee with
the City, in the sum of Twenty-five 'Thousand ($ Z5,000.00) Dollars, in`
accordance with Section Z6 of that certain franchise heretofore granted
by The City to Grantee under date of &lay 1, 1949, shall extend to and
cover the obligations imposed upon Grantee under this Section 26,3f
this franchise.
SE CTIaN V. 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
franchise, such failure to be judicially determined, then at the option ')f
the City Council the Grantee shall forfeit and surrender all the rights,
franchises and privileges herein granted, and the same shall thereupon
immediately terminate; the power here given to forfeit the franchise
herein granted is in addition to powers reserved or given to The City
by other parts of this ordinance and by the Charter of said City and
the laws of the State of Texas, and this section shall not be construed
as limiting or restricting such other powers.
SECTION Z8. All ordinances and parts of ordinances which
in any manner conflict with the provisions of this ordinance are hereby
repealed insofar as they may be in conflict with this ordinance or any
part thereof.
SECTION 29. Upon the faithful compliance by Grantee with
the terms and conditions of this ordinance. Grants* shall have and en-
joy the rights, powers and privileges herein granted for a term ending
and expiring five (5) years from and after the effective date of this
ordinance.
Page 9.
SECTION 30. Simultaneously with the final passage of this
ordinance Grantee has filed its written acceptance of same with the City
Secretary.
SECTION 31. This Ordinance shall be effective immediately
upon its passage and approval as provided by the City Charter.
The foregoing Ordinance was read the first time and passed
to the second reading on the day of 1950,
by the following vote:
Leslie Wasserman
Jac: DeForrest
Barney Cott
Sid Herndon
George Lowman
The foregoing Ordinance was read the second time and passed
to the third reading on the day of , 1950, by the
following vote:
Leslie Wasserman
Jack DeForreat
Barney Cott
Sid Herndon
George Lowman
The foregoing Ordinance was read the third time end passed
and ordered approved by the Mayor. on the day of ,
1950, by the following vote:
Leslie Wasserman
jack DeForrest
Barney Cott
Sid Herndon
George Lowman
APPROVED this day of '1950.
.w aJV�.aV
ATTEST:
MAYOR
City of Corpus Christi, Texas.
City Secretary
APPROVED AS TO LEGAL FORM:
ty Atierney
Page 10.
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 ordinance 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 emergency and imperative nepessity exist, and. having.re-
quested that such Charter rule be suspended, and that this Ordinance be
passed finally on the date of its introduction and take effect from and
after its passage, IT IS. ACCORDINGLY SO ORDAINED.
PASSED AND APPROVED this X3. F.0 -day of May, A. D. 1950.
APPROVED AS TO LEGAL FORM:
Uity Attorney
r
1C�L�aYOR-
City of Corpus Christi, Texas
Corpus Christi, Texas
May , 1950.
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
Gentlemen:
For the reasons set forth in the emergency clause of the fore-
going ordinance, a public emergency and imperative necessity exist for
the suspension 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,
MAYOR
City of Corpus Christi, Texas
The Charter rule was suspended by the following vote:
Leslie Wasserman QIA-t J
OF
Jack DeForrest LP
Barney Cott aw )
Sid Herndon
George Lowman /
The above ordinance was passed by the following vote;
Leslie Wasserman,, J
Jack DeForre sty
Barney Cott
Sid Herndon
George Lowman