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HomeMy WebLinkAbout03791 ORD - 06/23/1954AN ORDINANCE AN ORDINANCE GRANTING TO SOUTHWESTERN OIL AND REFINING COMPANY A FRANCHISE TO LAY CONSTRUCT, OPERATE MAINTAIN, REPAIR AND REMOVE A PIPE LINE 2'rIN DIAMETER FOR THE TRANSPORTATION OF BUTANE ALONG THE WEST BOUNDARY LINE OF THE RIGHT -OF -WAY OF NUECES BAY BOULEVARD WITHIN THE CITY OF CORPUS CHRISTI, TEXAS).FROM THE POINT AT WHICH THE CITY LIMITS OF SAID CITY CROSS SAID RIGHT - OF -WAY TO.A POINT OF TIE -IN TO AN EXISTING LINE OWNED BY TAYLOR OIL AND GAS COMPANY IN THE RIGHT -OF -WAY OF WEST BROADWAY STREET, AND TO USE AS MUCH OF THE RIGHT -OF -WAY OF NUECES BAY BOULEVARD AND WEST BROADWAY STREET AS IS NECESSARY THERETO; PROVIDED THAT THE SAME SHALL BE IN SUCH MANNER AND TN SUCH PLACES AS NOT TO INTERFERE WITH THE gSE OF SAID STREETS BY.THE CITY OR INHABIT- ANTS THEREOF, WHICH FRANCHISE SHALL BE ASSIGNABLE BY THE GRANTEE, pROVIDING_FQL FORFEITURE 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, TEXAS: That Southwestern Oil and Refining Company, a Texas corporation with its principal office and place of business in Corpus Christi, Texas, its successors and assigns, be, and it is hereby granted the right in the City of Corpus Christi to lay, construct, operate, main- tain, repair and remove one 2" pipe line for the trans- portation of butane along and parallel to the west boun- dary line of Nueces Bay Boulevard within the City of Corpus Christi, Texas, from the point at which the city limits of said city cross said right -of -way to a point of tie -in to an existing line owned by Taylor Oil and Gas Company in the right -of -way of West Broadway Street, under the following terms and restrictions, to -wit: First. The term of this grant shall be for five years from this date, Second. Grantee shall have the right to utilize �7��I as much of the right -of -way of said Nueces Bay Boulevard and West Broadway Street as is necessary to lay, construct, operate, maintain, repair and remove said pipe line but it shall be placed, laid and constructed in such a manner and along a route thereon as hereinabove specified so that it will not inter- fere with the use of either of said streets by said city or its inhabitants or the right of any other holder of a franchise or right to use such streets; and the laying, construction, maintenance, operation, repair and removal of said pipe line, as well as the fixtures and attachments upon the same shall at all times be subject to the control of the City Council of the City of Corpus Christi and the city officials of the City of Corpus Christi in order to protect the rights and conveniences of third parties and the public generally with- in such city. Thirds The full control and management of such streets is expressly reserved to said City of Corpus Christi, Texas. All rights granted hereby shall be subordinate to all uses by the City and shall upon notice by the City be made to conform to such other uses as the City may make of such street or public right -of -way for public uses. A_map -.or plat of the exact location of the pipe in the street shall be filed in the office of the City Director of Public Works upon commencement of installation showing the size and locations of valves and the depth of all installations. Fourths This franchise shall not become effective until a fee of $150.00 shall be paid to the City and a written acceptance of this franchise delivered to the City Secretary. Fifth: Grantee shall comply with city ordinances, including . safety measures concerning butane pipe lines, AND ALL REGULATIONS as are in effect by the terms of any state law or city ordinance or as may be hereafter adopted. Sixth: Grantee will pay to grantor, its successors -2- and assigns, any and all damages of any kind whatever resulting from, growing out of, or incident to the construction, laying, maintenance, operation, repair, removal, changing the size of or replacement of said pipe line under, upon, over and through the above described land. Seventh: Grantee shall conduct all of its operations in the use of this franchise in a careful manner and will in- demniry the City from any and all damages resulting from its operations or negligent conduct. Eighth: All rights to use and occupy said right -of- way for the purposes aforesaid, or any other rights hereunder, shall cease and terminate if said pipe line shall be unused for one year or if grantee shall at any time abandon the use of same for the purpose granted herein. Ninth: This franchise, as well as the rights herein, may be assigned by the grantee herein, as well as by all succeed- ing 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 forfeiture clause of any agree- ment between such persons, in which case the assignee shall succeed to all of the rights, duties and liabilities of the grantee here- under. Tenth: 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 termina- tion of all rights under this grant. Eleventh: That the foregoing ordinance was read for the first time and passed to its second reading on this the day of June, 1954, by the following vote: P. C. Callaway Ellroy King James S. Naismith -3- W. James Brace F. P. Peterson, Jr That the foregoing ordinance was read for the second time and passed to its third reading on this the day of June, 1954, by the following vote: P. C. Callaway Ellroy King James S. Naismith� W. James Brace F. P. Peterson, Jr That the foregoing ordinance was re for the third time and passed finally on this the day of , 1954, by the following vote: P. C. Callaway Ellroy King James S. Naismith ATTEST: Ali City Secretary / APPROVED AS TO LEGAL FORM: City Attorney W. James Brace F. P. Peterson, Jr MAYOR THE CITY OF CORPUS CHRIST/ TEXAS ��91