HomeMy WebLinkAbout03140 ORD - 09/25/1951MMMM AN ORDINANCE GRANTING A �lJ, Jtl d
FRANCHISE TO SOUTHEFLN COMMUNITY GAS COMPANY.
An Ordinance of the City Council of the City of Corpus
Christi granting to Southern Community Gas Company the
right, privilege and franchise to construct and operate
gas pipes and mains along the streets, avenues, alleys
and public places of a portion of the City of Corpus
Christi fully described in such Ordinance for distribu-
tion and sale of natural gas - providing that work bw
done under supervision of City Rigineer - 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 - prohibiting interference with
sewers and other pipes and drains - reserving right to
City to repair streets at Company's cost in event of un-
reasonable delay - requiring removal of rubbish and
material - subjecting work of refilling and repairing ex-
oavations and streets to supervision of City Council -
limlting 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 - requir-
ing relocation of pipes to accommodate public works -
reservation of lien by City to secure monies due City
under franchise and for taxes - providing franchise shall
not impair right of City to prescribe charges - prescrib-
ing consideration for franchise - providing for payment
by Company 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 maintenance of pipeage system -
prescribing term of franchise - prescribing terms of for-
feiture - reserving right to City to regulate Company
- subjecting books and records of Company to examina-
tion and inspection - making franchise binding on Company's
successors or assigns - repealing ordinances and portions
thereof in conflict herewith, and fixing generally the rights of
the parties under such franchise and fixing penalties,
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI:
SECTION 1. There is hereby granted to Southern
Community Gas Company, a Texas corporation with its domi-
cile and principal place of business at Corpus Christi, in
Nueoes County, Texas, hereinafter referred to as Grantee,
its successors and assigns, subject to the terms and condi-
tions hereof, the right, privilege and franchise to con -
stimot, extend, operate and maintain, from time to time and
continuously during the term hereof, a plant and pipeage
system, including all lines, connections and other equip-
ment necessary and incident thereto, for the distribution
and sale of natural gas to the people residing in, and the
industrial, commercial, education 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 trans-
portation 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 RECTION 3 hereof, upon, beneath,
over and across the streets, avenues, thoroughfgres, bridges, -
streams, alleys, parks, lanes and squares of said City of
Corpus Christi located in the territory designated and des-.
Bribed in SECTION 3 hereof, upon the conditions and stipula-
tions set forth in this ordinance.
SECTION 2. Throughout this ordinance the Southern
Community Gas Company 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:
Page 1.
FIRST AREA:
Beginning at the intersection of the south boundary line of Highway 9 and the
present'City limits line of the City of Corpus Christi, same being also the west
boundary line of Villa Gardens Addition to the City of Corpus Christi; thence
southerly a distance of 100 feet, along the west boundary line of said Villa
Gardens Addition; thence easterly in a line parallel to the south boundary line
of Highway 9 to the west boundary line of van Cleve Street; thence ncr therly
along the west boundary line of Van Cleve Street and the extension thereof to the
juncture of said line with the north boundary line of Highway 9; thence easterly along
the north boundary line of Higbway 9 a distance of two long blocks to the corner of
Highway 9 and theeast drive of Oak Park Avenue; thence northerly along the west
boundary line of the east drive of Oak Park Avenue to the corner of the east drive
of Oak Park Avenue and Up River Road; thence westerly along the south boundary
line of Up River Road a distance of 200 feet; thence southerly along a line 200
feet from and parallel to the west boundary line of the east drive of Oak Park
Avenue to a point where said line intersects and meets with a line 200 feet
northwest of and parallel to the north boundary line of Highway 9; thence westerly
along a line 200 feet northwest of and parallel to the north boundary line of
Highway 9 to the present city limits of the City of Corpus Christi, same being
` also the east boundary line of Westchester Place Addition; thence along said city
limits line to the place of beginning.
SECOND AREA:
Beginning at the intersection of the present city limits line of the City of
Corpus Christi and Poth Lane; thence south easterly along the said city limits
line to its juncture with the center line of Retaa Street; thence southwesterly
along the center line of Retama Street to a point in said line which would inter-
sect with the southwest boundary line of Harbor View Addition if same were extended.
southeasterly to the center of Retama Street; thence nothvresterly along the south
west boundary line of Harbor View Addition to the present city lia¢t a along Poth
Lane; thence along said city limits to the point of beginning.
THIRD AREA:
Beginning at the juncture of the center line of Airport Road and Morgan Avenue;
thence northerly along the center line of Airport Road to a point in the center line
of Airport Road where the north boundary line of the main portion of Lou Street would
intersect if same were extended westerly; thence easterly along the north boundary
line of the stated main portion of Lou Street if same had been extended westerly
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as above stated, to a point where said line would meet with the centerline of
Cortez Street; thence northerly at right angle to the — th boundary line of Lou
Street to the north,boundary line of Agnes Street; thence westerly along the north
boundary line of Agnes Street to its juncture with the center line of Old Robstown
Road; thence northerly and northeasterly along the center line of Old Robstown Road
to a point 150 feet short of the intersection of the center line of Old Robstown
Road and the south boundary line of Bluebonnet Drive if same were extended westerly;
thence at right angle to the center line of Old Robstown Road southeasterly a dis-
tance of 200 feet past the east boundary line of Old Robstown Road) thence south-
westerly along a line 200 feet from the east boundary line of Old Robstown Road
and parallel to said road to a point 300 feet north of the north boundary line of
the Texas Mexican Railroad right of wary; thence easterly along a line 300 feet north
of the north boundary line of the Texas Mexican Railroad right of way to a point
which would meet the center line of Felipe Street if same were extended southerly;
thence northerly along the center line of Felipe Street to the south boundary line
of Industrial Road; thence easterly along the south boundary line of Industrial
Road to a point 100 feet east of and parallel to the east boundary line of Gonzales
Street to a point 300 feet north of the north boundary line of the Texas Mexican
Railroad; thence easterly along a line 300 feet north of the north boundary line
of the Texas Mexican Railroad to the center line cE Port Avenue; thence along the
centerline of Port Avenue to its intersection vdth the center line of the main
tract of the Texas Mexican Railroad, thence easterly along the center line of the
main track of the said railroad to a point where same would intersect with the east
boundary line of Block One of the Steele Addition if same were extended northwester-
ly in a straight line; thence southeasterly along the eastern boundary line of
Block One of the Steele Addition until same reaches Agnes Street; thence westerly j!
along the north boundary line of Agnes Street to the center line of Harmon Street;" '
thence southerly along the center line of Harmon Street to the centerline of
Marguerito Street; thence westerly along the center line of Marguerite Street to
the center line of Duncan Street; thence northerly along the center line of Duncan
Street to the north boundary line of Agnes Street; thence westerly along the north
boundary line of Agnes Street to a point midway; between the nathern extension of
Elesa.and Francisca Streets; Thence in a southerly direction along a line midway
between Blase and Francisca Streets parallel to Elesa Street to a point 100 feet
north of the North boundary line of Mary Street; thence westerly parallel to and 100
£eat north of Mary Street to a point midway between Elesa amd Eleanor Streets; thence
northerly along a line parallel to Ele.mor Street midway between Elesa and Eleanor
Streets to the North boundary line of Agnes Street; thence along the north boundary
line of Agnes Street to a point 50 feet west of the west boundary line of
Hiawatha Avenue; thence southerly and at a right angle a distance of 250 feet past the
southern boundary line of Agnes Street to a point for a corner; thence westerly
and parallel to the southern boundary of Agnes Street to the centerline of Shawnee
Avenue; thence northerly along the center line of Shawnee Avenue to the north boun-
dary line of Agnes Street; thence westerly along the north boundary line of Agnes
Street to a point'where same would intersect the western boundary line of Block
Eight of Meadow Park Addition if said western boundary line of Meadow Park Addi-
tion were extended northerly in a straight line; thence at a right angle and
along the western boundary line of Blocks Eight and Nine of Meadow Park and
along the center line of Balboa Street to a point 150 feet short of Baldwin
Boulevard; thence southeasterly in a line parallel to Baldwin Boulevard a dis-
tance of 200 feet; thence .southerly in a line parallel to Pueblo Street to the
south boundary line of Baldwin Boulevard; thence northwesterly along the south-
ern boundary line of Baldwin Boulevard to the center line of Cortez Street;
thence along the centerline of Cortez Street to the center line of Navajo Street;
thence along the center line of Navajo Street to the center line of Guatemczin
Street; thence along the center line of Guatemozin Street and the western boun-
dary line of the Stephen F. Austin Elementary School property to the center
line of Morgan Avenue; thence along the center line of Morgan Avenue to the
point of beginning.
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 ex-
tend, replace and repair its pipeage ) system now in 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 aid 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 ter-
ritory 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 excava-
tions and openings shall be replaced in good condition at the
cost and expense of Grantee, and to the satisfaction of City
Council.
This grant and franchise to so use the streets, al-
leys, lanes and avenues is based upon and the consideration
therefor is the sum of One Hundred ($100.00) Dollars paid
by Grantee to saldCity, and the further consideration of
the strict performance by Grantee of all of the obligations
undertaken by it under the terms and provisions of this
franchise.
SECTION 6. Grantee shall extend its pipes within
the territory described in SECTION 3 HEREOF and shall furnish
services, from time to time, as City Council may de-
mand, upon a showing that one new customer for gas for every
one hundred feet (1001) of new extension has agreed in writ-
ing to take and use gas on su�, extension.
SECTION 6. In granting t$is 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 here-
after, 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 deter-
mined, from time to time, by the City Council under its pre-
sent or future regulatory powers.
SECTION 8. Grantee shall not impair in any manner
the natural or artificial drainage of The City of its under-
ground 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 satisfac-
tion of the City Council.
SECTION 9. The rights herein granted shall not be
exclusive, 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
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rights and privileges herein granted, and further reserves
the right to extend its own lines and distribute gas in
the territory covered by this francg.lse.
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 ordinances that may here-
after by passed by the City Council.
SECTION 11. In making extensions or repairs to its
pipeage system Grantee shall not interfere with any Sewer,
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 manner except with the consent and under
the direction of the City Council.
SECTION 12. If, 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 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 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, shall not permit the existence of any unfilled
excavation or ditch in excess of a distance of five hundred
feet (5001) 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.
SECTION 154 The enumeration herein of special
duties required by Grantee shall not be construed as a
limitation of the powers and duties conferred upon The City
by its Charter, the laws of the State of Texas, and all pre-
sent and future ordinances, and Grantee shall 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 Raying its pipes, comes
In conflict with the rights of any other person or corpora-
tion having a franchise from The City, the City Council shall
decide all questions concerning any conflicting rights of
the respective parties, and shall determine 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 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
ordinance, 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 cor-
porate limits, The City shall have a valid and enforceable
lien upon all of Grantee's property as well as the rights
and franchises 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 convenience 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, includ.+
ing 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 grant-
ing of this franchise, Grantee shall pay to The City annual-
ly, during the period of this franchise, two per cent (2 %)
upon its annual gross receipts from the sale of gas within
the territory covered by this franchise, 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 dur-
ing the life of this franchise, to the City Council, a writ-
ten 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 simultaneously
with the furnishing of the aforesaid statement, make payment
to The City of the two per cent (2%) of the gross receipts.,
as provided for in the preceding section. The books of
the Grantee shall be subject, at all times, to inspection
by the City Council and other authorized City officials.
SECTION 23. The rights, privileges and franchise
herein granted to Grantee shall extend to and include its
successors and assigns, and the terms, conditions, pro-
visions, requirements, and agreements in this ordinance
contained, and each of same, shall be binding upon the suc-
cessors and assigns of Grantee. No assignment of this
franchise, however, ahall be binding upon The City without
its consent and approval thereof having been obtained.
SECTION 24. Grantee shall file with The City, within
twenty (20) days after the final passage of this ordinance,
its bonds and obligation, to be approved by the Mayor, in the
sum of Ton Thousand (910,000.00) Dollars, conditioned that
no excavations shall be made unnecessarily, 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, and any
and all pavements, sidewalks 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, and such obligation shall be renewed
when and as often as theCity Council shall require.
SECTION 25. 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 reasonable rates, or if
Grantee fails to comply with the provisions of this franchise,
such failure to be judicially determined, then, at the option
of 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 26. 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.
SEC.CION 27. Upon the faithful compliance by Grantee
with the terms and conditions of this ordinance, Grantee
shall have and enjoy the rights, powers and privileges here-
in granted for a term ending and oxpii•ing rive (5) years
from aryl after the effective date of this ordinance.
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SECTION 28. Simultaneously witn cne linal passage
of this ordinance Grantee has filed its written acceptance
of same witn the City Secretary.
SECTION 29. This Ordinance shall be effective immealaue»
ly upon i6s passage ana approval as provided by the City
Charter and upon Grantee filing and the Mayor approving the
Bond as proviaea for in Section 24 hereof.
The foregoing Ordinance was read th first tame and
passea to one secona reacting on ine / ay o
295i, oy the following vote:
Leslie Wasserman
Jack DeForrest Q�]-A,P
Barney Cott `(�/(]yyQ_U—
Sid Herndon
George Lowman
The foregoing-ordinance was read the second time and
passed to the third reading on the ��sy of
A
N
X951, by the following vote:
Leslie Wasserman (u,c
Jack DeForrest _�
Barney Cott
Sid Herndon l/^„✓►
George Lowman
-- U
The foregoing Ordinance was read the third time /and
passed an ordered approved by the Mayor, on the 12J --
day of 1951., by the following vote:
Leslie Wasserman
Jack DeForrest
Barney Cott
Sid Herndon
George Lowman
APPROVED this day of , '1951.
YO
City of Corpus Christi, Texas.
ATT EST:
City.Secre ary
APPROVED AS TO L AL FORM
City Attornbg
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