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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