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HomeMy WebLinkAbout03482 ORD - 06/10/1953AN ORDINANCE GRANTING TO KNOLLS JERSEY MILK PRODUCTS COMPANY A FRANCHISE TO USE AS MUCH OF THE ALLEY, 11HICH RUNS FROM BOOTY TO ELIZABETH STREET BETWEEN SOUTH STAPLES AND SOUTH ALAMEDA, AS ADJOINS THE PLACE OF BUSINESS OF KNOLLS JERSEY MILK PRODUCTS COMPANY AT 1531 SOUTH STAPLES, BEING LOTS 12, 13, AND 14, BLOCK 4, BOOTY AND ALLEN ADDITION TO THE CITY OF CORPUS CHRISTI, AND THE PROPET= TO THE REAR ON THE CORNER OF BOOTY AND SOUTH ALAMEDA, BEING LOTS 10 AND 11, BLOCK 4, BOOTY AND ALLEN ADDITION TO THE CITY OF CORPUS CHRISTI, FOR OVERHEAD PIPELINES TO TRANSPORT AMMONIA FOR A PERIOD OF FIVE YEARS, IN SUCH MANNER. AND IN SUCH PLACES AS NUT TO INTERFERE WITH THE USE OF THE ALLEY BY THE CITY OR INHABITANTS THEREOF, WHICH FRANCHISE SHALL BE ASSIGNABLE BY THE GRANTEE, PROVIDING FOR FOR- FEITURE OF THE FRANCHISE IN CASE OF FAILURE UPON THE PART OF THE GRANTEE TO OBSERVE THE TERMS AND RESTRICTIONS OF THIS ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEV.S : That Knolle Jersey Milk Products Company, of the City of Corpus Christi, its successors and assigns, be, and they'are hereby granted the right in the City of Corpus Christi, Texas, to build, maintain and use overhead pipelines for transporting ammonia across the alley which runs from Booty Street to Elizabeth Street between South Staples Street and South Alameda Street at such points as the alley adjoins the premises of Knolle Jersey Milk Products Company at 1531 South Staples Street, being Lots 12, 13 and 14, Block 4, Booty and Allen Addition to the City of Corpus Christi, and the premises of Knolle Jersey Milk Products Company at the corner of Booty and South Alameda Street, being Lots 10 and 11, Block 4, Booby and Allen Addition to the City of Corpus Christi, under the following terms and restrictions, to wits First. The term of this grant shall be for five years from this date. Second. The pipelines of the Grantee of herein, and its successors and assigns, shall be placed and erected in such manner and in such places as not to interfere with the use of the alley to be crossed, by said city or the inhabitants thereof, or the rights of any other holder of a franchise or right to use said alley; and the placing, construction and maintainance of said pipelines, as well as the fixtures and attachments upon same, shall at all times be subject to the control of the City Council and appropriate city officials of the City of Corpus Christi, Texas, in order to protect the rights and conveniences of third parties and the public generally within such city. Third. The full control and management of said alley is expressly reserved to the City of Corpus Christi, Texas. fI Fourth. This franchise, as well as the rights herein, may be assigned by the Grantee herein, as well as by all succeeding Grantees at their option, or the rights of such Grantee or successors herein may be transferred under foreclosure proceedings or by judicial sale, or may be transferred from one holder to a third party by the operation of a for- feiture clause of any agreement between such persons, in which case the assignee shall succeed to all of the rights, duties and liabilities of the Grantee hereunder. Fifth. A failure upon the part of the Grantee herein, its successors or assigns, to observe the terms and restrictions of this ordinance, shall, as continued or persisted in after due notice in writing and due opportunity to observe this ordinance or to remedy any non - observance thereof, be grounds for the forfeiture and termination of all rights under this grant. This the day of h7 A. D. 1953. 4 Mayor of the ity of Corpus Chftsti, Texas ATTEST: Secretary of trhe ty of orpus Clhn4sti, Texas The above and foregoing ordinance read, adopted on first reading and passed tke second reading by the following vote the T day of 1953, at the regular session of the City Councils Albert Li9tenstein, Mayor, voting l/aA Ellroy King, Councilman, voting W. James Brace, Councilman, voting J. S. Naismith, Councilman, voting P. C. Callaway, Councilman, voting The above and foregoing ordinance read, adopted on second reading an assed the third reading by the following vote the J— day of 1953, at the regular session of the City Council: ert Lichtenstein, Mayor, voting Ellroy King, Councilman, voting W. James Brace, Councilman, voting J. S. Naismith, Councilman, voting P. C. Callaway, Councilman, voting This is to certify that the above and foregoing ordinance, after its due introduction, was read and was at such regular sessions adopted by the above votes of the City Council of the City of Corpus Christi on the dates above given, and was finally read, adopted, approved by the mayor and made an ordinance of said City of Corpus hristi at a regular session of such Council on the day of X, 1953, by the follow- ing votes Albert Lichtenstein, Mayor, voting Ellroy King, Councilman, voting W. James Brace, Councilman, voting J. S. Naismith, Councilman, voting P. C. Callaway, Councilman, voting / ' Secret of the P" of Cor s Christ', Texas 3Y8Z