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Home My WebLink About04669 ORD - 11/07/1956AN.ORDINANCE GR.ANTING..SQ.UTHWEST.ERN OIL &. REFINING COMPANY A FRA,iICIiISE..TO LA , CDNSTRUCT,. MAINTAIN,._.REPAIR AND g.FMnVF:,A PTPF, LINE. 14" IN DIAMETER FOR THE TRANSPORTATION OF GASOLINE, A PIPE LINE 14" IN DIAMETER FOR THE TRANSPORTATION OF FUEL OIL, A PIPE LINE 6" IN DIAMETER FOR THE TRANSPORTATION OF HEATING OIL, A PIPE LINE 6" IN DIAMETER FOR THE TRANSPORTATION OF NAPTHA, A PIPE LINE 6" IN DIAMETER FOR THE TRANSPORTATION OF KEROSENE, AND A PIPE LINE 6" IN DIAMETER FOR THE TRANSPORTATION OF FUEL OIL, ALONG THE WEST BOUNDARY LINE OF THE RIGHT OF WAY OF NUECES BAY BOULEVARD WITHIN THE CITY OF CORPUS CHRISTI, TEXAS, FROM THE POINT A.T WCH ,TFE ,SQ'H BQUNDARY LINE OF THAT CERTAIN TR.AGT..4F...LAND coNT.AI.NING..39:.64.._ACRES _.CONVEYED BY BARNSDALL OIL COMPANY TO SAID SOUTHWESTERN OIL & Iff.FINING COMPANY BY DEED DATED APRIL 25, 1947, RECORDED IN VOLUME 365, PAGE 324, DEED RECORDS, NUECES COUNTY, TEXAS, Rr ,F.+G.TS., A.,Tp FgS.„B,9Y BQUIZ.f ,—TO_...TNE..SQUTH HQUNJARY LINE OF THE. RIGHT OF WAY OF THE SAN ANTONIO, UVALDE AND GULF RAILROAD a :.. T.FiENCE IN AN EASTERLY DIRECTION ACROSS SAID— EgO.E5,.DAY BOULEVARD TO THE EAST BOUNDARY LINE THE RIGHT OF WAY OF NUECE RAY B0IQI ,EVARDAASMI.S,HNECESSAFtZ TH F TO, PRO- VIDED THAT THE SAME SHALL BE IN SUCH MANNER AND IN SUCH PLACES AS NOT TO INTERFERE WITH THE USE OF SAID STREET BY THE CITY OR INHABITANTS THEREOF; WHICH FRANCHISE SHALL BE ASSIGNABLE BY THE GRANTEE; PROVIDING FOR THE FORFEITURE OF FRANCHISE IN CASE OF FAILURE ON THE PART OF 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 & 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, maintain, repair and remove a pipe line 14" in diameter for the transportation of gasoline, a pipe line 14" in diameter for the transportation of fuel oil, a pipe line 6" in diameter for the transportation of heating oil, a pipe line 6" in diameter for the transporta- tion of naptha, a pipe line 6" in diameter for the trans- portation of kerosene, and a pipe line 6" in diameter for the transportation of fuel oil, 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 -1- IMS:AP ;11/7/56 THE SOUTH BOUNDARY LINE OF THAT CERTAIN TRACT OF LAND CONTAINING 30.64 ACRES CON- VEYED BY BARNSDALL11 OIL COMPANY TO SAID SOUTHWESTERN OIL & REFINING COMPANY BY DEED DATED APRIL 25, 1947, RECORDED IN VOLUME 365, PAGE 324, DEED RECORDS OF NUECES COUNTY, TEXAS, INTERSECTS SAID NUECES BAY BOULEVARD, AND THENCE ON AND ALONG THE SAID NUECES BAY BOULEVARD TO THE SOUTH BOUNDARY LINE OF THE RIGHT OF WAY OF THE SAN ANTONIO, UVALDE AND GULF RAILROAD COMPANY; KEEPING ALL INSTALLATIONS AND OPER- ATIONS WITHIN THE WESTERN ONE -HALF OF THE STREET PORTION OF SAID NUECES BAY BOULEVARD; • THENCE IN AN EASTERLY DIRECTION ACROSS SAID NUECES BAY BOULEVARD TO THE EAST BOUNDARY THEREOF; ALL OF SAID INSTALLATIONS TO BE CONFINED WITHIN A STRIP NOT EXCEEDING TEN FEET IN WIDTH WITHIN THE ABOVE DESCRIBED AREA AS DIRECTED BY THE DIRECTOR OF PUBLIC WORKS; UNDER THE FOLLOWING TERMS AND RESTRICTIONS, TO -WIT: FIRST: THE TERM OF THIS GRANT SHALL BE FOR FIVE (5) YEARS FROM ITS EFFECTIVE DATE. SECOND: GRANTEE SHALL HAVE THE RIGHT TO UTILIZE AS MUCH OF THE RIGHT OF WAY OF SAID NUECES BAY BOULEVARD ABOVE DESCRIBED AS 15 NECESSARY TO LAY, CONSTRUCT, OPERATE, MAINTAIN, REPAIR AND REMOVE SAID PIPE LINES, BUT THEY SHALL BE PLACED, LAID AND CONSTRUCTED IN SUCH A MANNER AND ALONG A ROUTE THEREON AS HEREINABOVE SPECIFIED SO THAT THEY WILL NOT INTERFERE WITH THE USE OF SAID STREET BY SAID CITY OR ITS INHABITANTS OR THE RIGHT OF ANY OTHER HOLDER OF A FRANCHISE OR RIGHT TO USE SAID STREET; AND THE LAYING, CONSTRUCTION, MAINTENANCE, OPERATION, REPAIR AND REMOVAL OF SAID PIPE LINES, 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 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 STREET I5 EXPRESSLY RE- SERVED TO SAID CITY OF CORPUS CHRISTI, TEXAS. ALL RIGHTS GRANTED HEREBY SHALL BE SUBORDINATE TO ALL PRESENT OR FUTURE USES BY THE CITY AND SHALL UPON NOTICE BY THE CITY BE MADE TO CONFORM AT THE SOLE COST OF THE HOLDER OF THIS FRANCHISE 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 PIPES IN THE STREET SHALL BE FILED IN THE OFFICE OF THE CITY DIRECTOR OF PUBLIC WORKS UPON COMMENCEMENT OF INSTALLATION SHOWING THE SIZE AND LOCATION OF VALVES AND THE DEPTH OF ALL INSTALLATIONS, AND ALL INSTALLATIONS SHALL BE IN ACCORDANCE WITH SAID PLAN. ALL PIPE LINES SHALL BE EQUIPPED WITH A CUT OFF VALVE WEST OF THE WEST BOUNDARY OF NUECES BAY BOULEVARD FOR EMERGENCY USE IN CASE OF A BREAK IN ANY ONE OR MORE OF SAID PIPE LINES, THE EXACT LOCATION OF SUCH VALVE TO DE DISCLOSED TO THE CITY FIRE CHIEF PRIOR TO THE COMPLETION OF INSTALLATION. FOURTH: THIS FRANCHISE SHALL NOT BECOME EFFECTIVE UNTIL A FEE OF TEN ($10.00) DOLLARS SHALL BE PAID TO THE CITY AND A WRITTEN ACCEPTANCE OF THIS FRAN- CHISE DELIVERED TO THE CITY SECRETARY. -2- FIFTH: GRANTEE SHALL COMPLY WITH CITY ORDINANCES INCLUDING SAFETY MEASURES AND ALL REGULATIONS AS ARE IN EFFECT BY THE TERMS OF ANY STATE LAW OR CITY ORDINANCE OR AS MAY BE HEREAFTER ADOPTED CONCERNING SUCH PIPE LINES AND ALL TANK INSTALLATIONS CONNECTED WITH SAID PIPE LINES WILL BE PROVIDED WITH ADEQUATE DIRT FIRE WALL PROTECTION. SIXTH: GRANTEE WILL PAY TO GRANTOR, ITS SUCCESSORS 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 LINES UNDER, UPON, OVER AND THROUGH THE ABOVE DESCRIBED LAND, INCLUDING THE COST OF RESTORATION OF PAVING, SIDE- WALK AND GUTTER AS WELL AS DRAINAGE FACILITIES. SEVENTH: GRANTEE SHALL CONDUCT ALL OF ITS OPERATIONS IN THE USE OF THIS FRANCHISE, AND MAINTENANCE OF INSTALLATIONS IN A CAREFUL MANNER AND WILL INDEM- NIFY THE CITY FROM ANY AND ALL DAMAGES RESULTING FROM ITS OPERATIONS OR NEG- LIGENT CONDUCT./ ALL INSTALLATION WILL BE SUBJECT TO INSPECTION OF THE CITY, AND THE COST OF SUCH INSPECTION WILL BE PAID BY THE GRANTEE AT THE RATE OF $3.00 PER HOUR FOR EACH HOUR OR FRACTION THEREOF DEVOTED TO SUCH INSPECTION SERVICE FOR WHICH PAYMENT SHALL BE MADE WITHIN THIRTY DAYS AFTER STATEMENT RENDERED. EIGHTH: IN THE EVENT ANY SUCH PIPE LINE SHALL BE UNUSED FOR ONE YEAR OR IF GRANTEE SHALL AT ANY TIME ABANDON THE USE OF ANY SUCH PIPE LINE FOR THE PUR- POSE GRANTED HEREIN, THEN ALL RIGHTS TO USE AND OCCUPY SAID RIGHT OF WAY FOR THE LAYING, CONSTRUCTION, OPERATION, MAINTENANCE AND REPAIR OF THAT PIPE LINE SHALL CEASE AND TERMINATE AS TO THAT PIPE LINE 50 UNUSED OR ABANDONED. 1 NINTH: 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 FORE- CLOSURE 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 AGREEMENT BE- TWEEN SUCH PERSONS, IN WHICH CASE THE ASSIGNEE SHALL SUCCEED TO ALL THE RIGHTS, DUTIES AND LIABILITIES OF THE GRANTEE HEREUNDER. No ASSIGNMENT SHALL BE EFFEC- TIVE, HOWEVER, UNLESS AND UNTIL WRITTEN NOTICE BY REGISTERED MAIL, ADDRESSED TO THE CITY SECRETARY SHALL HAVE BEEN DELIVERED TO GRANTOR SHOWING SUCH ASSIGN- MENT FULLY IDENTIFYING THE ASSIGNEE AND AN EXECUTED WRITTEN ASSUMPTION BY THE ASSIGNEE OF THE OBLIGATIONS OF GRANTEE HEREIN. Tenth: A failure upon the part of the grantee herein, its successors or assigns, to observe the terms and restric- tions 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. Eleventh: That the foregoing ordinance was read for the first time and/passed to its second reading on this the tt day of , 1956, by the following vote: Farrell Dee Smith Minor Culli W. J. Roberts B. E. Bigler M. P. Maldonado That the foregoing ordinance was read for the second tim -'a d passed to its third reading on this the ; 1956, by the following vote: Farrell Dee Smith Minor Culli W. J. Roberts B. E. Bigler M. P. Maldonado day That the foregoing ordinance s read for the third time and passed finally on this the 7 day of 7(17.r.,1956, by the following vote: Farrell Dee Smith 0.74, Minor Culli W. J. Roberts B. E. Bigler M. P. Maldonado ATTEST: City Secretary APPRQVED AS TO LEGAL FORM: City Attorneyh Mayor, The City of Corpus Christi, Texas 'fwel STATE OF TEXAS, / $ County of Nueces. PUBLISHER'S AFFIDAVIT Before me, the undersigned, a Notary Public, this day personally came Leland G. Barnes who being first duly sworn, according to law, says that he is the - Ci a. s. ci fied...flduar- t-laiug- ItIsmager of the Corpus Christi Caller and The Corpus Christi 'Imes; Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of LEGAL, -- AN 913DITiAILC..-- gxaating— s u.Zhxestarn..Ail._& nafining_.Ga._.a..fraachiB to lay, construct, maintain, - - -and remove a pipe line 14" of which the annexed is a true copy, was published in .1`he.lim s on the...8 day of.... .Sep.t. 19_56., and sataxc _.2...i.imes thereafter tax aunxeccdmxa:cgt SepteCabex..1S• November 10,1956 3 Times. Classiffed Advertis Ong Manager -" Subscribed and sworn to before -me this 14 day of November 19 • Louise Vick Notary Public, Nueces County, ifexas /FOLIO ' CLASS DAYS, 012E STARTING EXPIRING 2 CLASSIFIED INVOICE FROM e {g P. O. BOX 2191 CORPUS CHRISTI. TEXAS PREVIOUS BALANCE TOTAL OVE -,-Y AMOUNT 113.10 DATE r t17 of Corpus Christi City L 12.46 -56 Attar: T. LI ltitn J RETURN THIS PORTION WITH REMITTANCE 4— CLA5a.$IFIED'1 MORNIN EVENING SUNDAY' IM1H999 AYpi, BUREAU OF CIRGULIITIONI KEEP THIS RECORD FOLIO NO. PAID BY.. - TLMET_ BY THE CALLER.TIMES PUBLISHING CO- Mm1i1U—wom amass PM" IK. MOM LINK• 2d 11 HEVARR D T 0400 SUCH MAO ' PLACES AS FERI STRE HASP FRAN TEE; FOR. E IN TpaHE INS AND E- A THIS NCE ORDIN• BE IT ORDAINED BY THE CITY COTINCIL OF THE Cf1Y OF CDR. - PUS CHRISTI. eEX0S. That Southwestern oorp ra Reflnin {{Ompani a Tesas corporation wit k�tsslnels in Carps d Olace _ is su see rs Pandt Chris4, be fla d tt Is hereby ,mute assigns, rl10 and construct, 04 a otell. repair id and lie. a pipe line -14 10 diameter — for move 'tra1nsporntation of gasoline. .yiPe line etLon of diameter, for p/he. It line60' m diameter fora the' harts. e1 6" to dismllrr hto 11116 trance rla it a ameterr�iar�ihe lra °nslO tatioon f 01 kerosene. for °the frausportabon sa fuel 00. along Ole west boundary '� line 'the ,r§ht of w o[ Nuecea bar 0101evartl w thin the City f o 0000us Christi, Texas. from the pt t t 00 the stra bof lard fin 4e that certain tract 0t land 0 nlammg 40 0 nveyed by 'a S utnwe tern 1i0i!` & Re[ nine C040 01 pacwded 10 Volurned 0664. Pagely14. a Deed 0600008 01 Nuecs6 2'4100'. „i Doua ro.e104l[hence 11 6ceds 04ar said Nueces nay noutevara to me 41 16 boundary hne f the right aadvt u1Cr0400040 Con`p a :,deep- a0 Inatwestern and rations vvnhin the r one-121' 1164 1 1011iovu6eu1� said '041014 Bay - 0• 010eiond 4rru1PCe66j4 Buenos [Bay 1! thereat; ander ine ro;lowdnebQ1 teams , • and 1061: tTher term owl mint shall :0 f e [tor five. tot yearn Jte 1f. e0econd: lllze shalt balky 01 :the ht E of al0 of s '4 Nueces 1311 Bom4. rr vard above described a a. o 6)0lay.. ypnstrunbm 0e ate 6 m n, parr 60'6 e d Dia lines, nso they hell 06 placed. lard and along a iroule6 thereon ed e heieinauove specified so 'Nat .they vn d street tbii 1414 C l0' 00 its o ha 011101 art tan hrlseal riabm toter seta street, I11 and ,ance.laroperation. 0 s patrr and rem al 1 said D!a4 litres, a1 ell as fhe 11 Stores d l' lachments port 0e seam t ell times be 001601 10 106 trot of the C110 Council of the ClIr 01 Carpus C11ri10 'iu order t p 01101 the iesh:e d o n' nc s enerally a ties and 1114 400000 06001611, w1T0011], 000CLWI control and Ce m agem o10 ad id sh a I sCa11 1 0' Christi. Texas. All `i 0ht grained 010100) 0 future ,her hall be u0010mgte to a n s eb 0y 0 1111 CRY ed shall upon notice bt t City the tohse ncNSe to ch oter uses s the City m make f offsuch publlcet or public right_ plat of the a 'act uloe¢tirn - E the 'pas n the street hall be flied 0ti. Pu 00104 f the City mirect°r oI of nc Works pan Commencement af location installation showing d the i d ll On t aloes and the size and shall oinstallations, cco danlceinstallations w ta wli10 ' ll pip off PBr lv¢11 bet 400P 0100, west bound[re 0 NueceswHall Houle:, bera for emergency use in of a reak In any o said 0104 hoes, the exact or [ h; Pig to be 00,01 sod 1opim'e City Faire Chief prior lr Lbe plelipn 01 installations. becomeheffeechllve until aefeehnf Tent C-110.1)0) Dollars shall be paid to the ity end written acceptance I this franchise delivered to the CITY SeFiifth }Grantee shah omplr with me rest and. all regulations s are measures by the terms of any state law p -ty ore0Oanre er as Y be hereafter dotted c° ce 10 tu h mpg lines nd It lank instal aboos . n ten wzw sad pate dint 00:41 provided with adequate Sixth: s Grantee wand paasal(0 Bran, end nil. rlameeess 0f an.0g x004 whab - suning from, 00 uc o l tfe ore incident to the n tF tiom aring oal, maintenance. operation, 000 pair[ p 10050, hanging the size 00 eplacementc Of 's d ape lines order, 0O0, d through the above drestordelanad. including de- 0, walk and gutted as well paving, drainage f000000h: Grantee ,hall 0000006 afa f n h- seer00tl- maintenance off line • 0 stallations in a ireful m and Lj and llld damageshresultingrt from 106 rattans Or egllgent c duct. All spectilati0n xhel be gunnel( t° i stes001, ieelltionttw'll tie tph014 by hour °e<'foree aththehomte of fraction 100 0, teeof ° 40000ed to such Inspe tton made :within which 4000 afte[ slate. • m t nde0 r s n EiOhine In the event - 0000 pine hoe Shan be d foyC r ,00000 r00 ante:Sahel^ateach pipe time line fO[ the purpose 30 504 00000. then afa rights to a and 1c upY said right rt way for the laying. m slructirn, anon, m in[enance and r o[ that p pe lane shall eawandrteeminate a lO that pipe ]ineSQS used o abandoned. the lnllgh0Thte Ran10100 bas wellG)led by the grantee herein. as 8$ell by all succeeding grantees at their • option, c ss the r ights of such grantee s herein _ be trans- ferred frowm a holder to a third party by then operation of a for eare such persons, IeBCehichnt a 'he be- tween sipaee shall s cC d to ell the Ia duties d 1100111 ass Of the — grantee 00 e hereunder.- e0 however. unless aand until w itten n Lice 00 'r els- ;A tered mall, ddresaed en the City • Secretary shah have heel delivered tm trfulliwp idevtalYiane 'Inc ses 0000 • �I� and the assignee of written te obligaatione- ( grante0 harem. of 000 grantee l 000000, the l ssiOns. do observe the succes- sors 010, or this ordinance, shall, s eo tine or oar a,tea In oppr due n0[lee=ln Observe t nd ape ae or to omedy a this ordi- thenance el Ihereot. remedy gr'ounde ad 0000nilura d terminatnan r[ LL 0(01103 u der 0016 q t. or- dinance Thad fort 0110' .1 0,00 and d I.os its ,e ed eading 00 „pass ies follaw100 00000 .,gepl�� 195& Farrell Dlep, Smith_ - 'Aye :10000 Absent Ave t 0115 101000105 ardlnsncee _., (00 000 seednd.n000,0 and passed 1th day of 9epk: 0056, by tnehnfonthe l'nar eLLCDee Smith Aye W. 7. _ B p nh°euns d Aye ord. ! �0p 04... by the 1011O0, 0010: ell Cully Sm100 1OO Ave Hreler� Are 0. P. Maldonado AY T Maas or. The City of Corpus Chnse [I. ATTEST: ' City S..g.VarY C1Y All r00DYA3 1V LEGAL FOCM: P. O. DRAWER 609 fl SOUTHWESTERN OIL & REFINING COMPANY CORPUS CHRISTI, TEXAS November 19,1956 City of Corpus Christi City Hall Corpus Christi, Texas Attention: Mr. T. Ray Kring, City Secretary Gentlemen: Reference is made to Ordinance No. 4669 granting a franchise to this company for the laying of certain pipe lines therein described. This letter is written for the purpose of expressing acceptance of the franchise granted by said ordinance, and you will find enclosed a check of this company in the amount of $10 payable to the City of Corpus Christi as required by Paragraph Fourth of the ordinance. Yours very truly, SSS: gp /HWH encl. PHONE TU 4- BB5,3 SOUTHWESTERN OIL & REFINING COMPANY By (") I, r 141 J S. S. Ii,9er President r- �', l- T.:• -. Cam.' • . �_..i i '�i °. �'.- -\ '• t .— v � 9 ~f 2 l • Li `J• �.iJNY� t�J DRAWING No [SATE 3RA►1h REFERENCE y3 WI REVISIONS R YI