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HomeMy WebLinkAbout05394 ORD - 06/17/1959�S r�•T� 1 � _ AN ORDINANCE ORDERING AN ELECTION TO BE HELD ON THE 11TH DAY OF JULY, 1959, AT WHICH ELECTION THERE SHALL BE SUBMITTED TO THE QUALIFIED VOTERS OF THE'CITY OF CORPUS CHRISTI THE QUESTION OF WHETHER OR NOT THE CITY COUNCIL SHALL ENACT AN ORDINANCE GRANTING AN EXTENSION OF THE PRESENT FRANCHISE OF HOUSTON NATURAL GAS CORPORATION FOR A TERM OF THIRTY (30) YEARS FROM AND AFTER THE EFFECTIVE DATE THEREOF FOLLOWING FINAL PASSAGE OF SUCH EXTENSION ORDI- NANCE BY THE CITY COUNCIL, SAID ,ORDINANCE GRANTING SUCH EXTENSION BEING SET OUT IN THIS ORDINANCE AND MADE A PART HEREOF, AND DELETING CERTAIN SECTIONS OF SAID FRANCHISE; DESIGNATING THE PLACES FOR HOLDING SUCH ELECTION; NAMING THE OFFICERS THEREFOR; PROVIDING FOR NOTICE OF ELECTION; ENACTING PROVISIONS INCIDENT AND RELATING TO THE HOLDING ' OF SUCH ELECTION AND THE RETURNS THEREOF; AND DECLARING AN EMERGENCY. WHEREAS, BY ORDINANCE NO, 4018 OF THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, HOUSTON NATURAL GAS CORPORATION WAS GRANTED A FRANCHISE FOR A PERIOD OF FIVE (5) YEARS FROM AND AFTER JANUARY 1, 1955, TO CONSTRUCT AND OPERATE GAS PIPES AND MAINS ALONG THE STREETS, AVENUES, ALLEYS AND PUBLIC PLACES OF-',THE CITY OF CORPUS CHRISTI AS FULLY DESCRIBED IN SUCH ORDINANCE FOR DISTRIBUTION AND SALE OF NATURAL GAS; ANb WHEREAS, UNDER THE PROVISIONS OF SAID FRANCHISE IT IS PROVIDED THAT THE CITY COUNCIL SHALL CALL AN ELECTION AND SUBMIT TO THE QUALIFIED VOTERS OF THE CITY OF CORPUS CHRISTI, TEXAS, THE QUESTION OF WHETHER HOUSTON NATURAL GAS CORPORATION SHALL BE GRANTED A THIRTY (30) YEAR EXTENSION OF ITS PRESENT FRANCHISE; AND WHEREAS, HOUSTON NATURAL GAS CORPORATION HAS AGREED TO BEAR THE t EXPENSE OF SUCH ELECTION, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1, THAT AN ELECTION SHALL BE HELD IN THE CITY OF CORPUS CHRISTI ON THE 11TH DAY OF JULY, 19591 FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY OF CORPUS CHRISTI THE QUESTION OF WHETHER OR NOT THE CITY COUNCIL SHOULD ENACT AN ORDINANCE GRANTING TO HOUSTON NATURAL GAS CORPORATION AN EXTENSION OF ITS PRESENT FRANCHISE BY AN ORDINANCE WHICH READS AS FOLLOWS, INCLUDING THE CAPTION THEREOF AND APPROPRIATE BLANKS FOR THE INSERTION OF THE DATES OF ITS PASSAGE OF SEVERAL READINGS BY THE CITY COUNCIL, YO -WIT: D P- jps�u- '�_ 5394 f � AN ORDINANCE GRANTING TO HOUSTON NATURAL GAS CORPORATION AN EXTENSION FOR A PERIOD OF THIRTY (30) YEARS OF ITS PRESENT FRANCHISE TO CONSTRUCT AND OPERATE GAS PIPES AND MAINS, ALONG THE STREETS, AVENUES, ALLEYS AND PUBLIC PLACES OF THE CITY OF CORPUS CHRISTI, TEXAS, A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE AND INCORPORATED THEREIN BY REFERENCE, AND DELETING CERTAIN SECTIONS THEREOF; MAKING SUCH FRANCHISE AS EXTENDED BINDING ON SUCH CORPORATION'S SUCCESSORS AND ASSIGNS; PROVIDING FOR ACCEPTANCE BY THE COMPANY; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THERE IS HEREBY GRANTED TO HOUSTON NATURAL GAS CORPORA- TION, A TEXAS CORPORATION, AN EXTENSION FOR A PERIOD OF THIRTY (30) YEARS FROM THE EFFECTIVE DATE OF THIS ORDINANCE OF ITS PRESENT FRANCHISE TO CON - STRUCT:AND OPERATE GAS PIPES AND MAINS ALONG THE STREETS, AVENUES, ALLEYS AND PUBLW C PLACES OF THE CITY OF CORPUS CHRISTI SUBJECT TO AND IN ACCORDANCE WITH ALL OF THE3EXISTING TERMS AND PROVISIONS OF SAID PRESENT FRANCHISE EXCEPT THE PROVISIONS OF SECTION 24 AND SECTION 31, WHICH THE FRANCHISE AGREE- MENT HEREBY EXTENDED PROVIDES SHALL BE DELETED AT THE TIME OF THE GRANTING OF THIS EXTENSION. A COPY OF THE PRESENT FRANCHISE TO BE EXTENDED BY THIS ORDINANCE WITH SECTIONS 24 AND 31 DELETED IS ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE AS EXHIBIT "An TO THIS ORDINANCE. SECTION 2. THE TERMS AND PROVISIONS OF SAID PRESENT FRANCHISE AS EXTENDED HEREBY SHALL BE BINDING IN ALL THINGS UPON HOUSTON NATURAL GAS CORPORATION, ITS SUCCESSORS AND ASSIGNS IN ACCORDANCE WITH THE PROVISIONS OF THIS ORDINANCE. SECTION 3. WITHIN THIRTY (30) DAYS AFTER THE FINAL PASSAGE OF THIS ORDINANCE, HOUSTON NATURAL GAS CORPORATION SHALL FILE ITS WRITTEN ACCEPTANCE OF SAME WITH THE CITY SECRETARY. SECTION 4. SUBJECT TO THE FILING OF SUCH WRITTEN ACCEPTANCE /AS PROVIDED IN SECTION 3 HEREOF, THIS ORDINANCE SHALL BE EFFECTIVE SIXTY (60) DAYS AFTER THE DATE OF ITS FINAL ADOPTION BY THE CITY COUNCIL FOLLOWING PUBLICATION AS PROVIDED BY THE CITY CHARTER. -2- SECTION 5. THE MAYOR OF THE CITY OF CORPUS CHRISTI IS HEREBY AUTHORIZED AND DIRECTED TO CAUSE A COPY OF THE FULL TEXT OF THIS ORDINANCE INCLUDING EXHIBIT "A'! PUBLISHED IN THE CORPUS CHRISTI TIMES, THE OFFICIAL NEWSPAPER OF THE CITY OF CORPUS CHRISTI TEXAS, BEING A NEWSPAPER OF GENERAL CIRCULATION PUBLISHED WITHIN THE CITY OF CORPUS CHRISTI: TEXAS, WITHIN FIVE (5) DAYS FOLLOWING EACH OF THE THREE READINGS OF THIS ORDINANCE. THE EXPENSE OF EACH SUCH PUBLICATION SHALL BE BORNE BY HOUSTON NATURAL GAS CORPORATION. THE FOREGOING ORDINANCE WAS READ AND PASSED TO THE SECOND READING ON THE DAY OF ,1959- ELLROY KING .JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR. THE FOREGOING ORDINANCE WAS READ THE SECOND TIME AND PASSED TO THE THIRD READING ON THE DAY OF , 1959, BY THE FOLLOWING VOTE: ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART .JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR. -3- THE FOREGOING ORDINANCE WAS READ THE THIRD TIME AND PASSED AND ORDERED APPR9YED BY THE MAYOR ON THE DAY OF , 1959Y'B THE FOLLOWING VOTE: ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR. APPROVED THIS DAY OF • 1959• ATTEST: CITY SECRETARY APPROVED AS TO LEGAL FORM THIS 16TH DAY OF JUNE,1959: + CITY ATTORNEY MAYOR THE CITY OF CORPUS CHRISTI, TEXAS -4- D r� -- r E7GRIBIT uA!t ORDINANCE NO. 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, PRIVI- LEGE AND FRANCHISE TO CONSTRUCT AND OPERATE GAS PIPES AND MAINS ALONG THE STREETS, AVENUES, ALLEYS AND PUBLIC PLACES OF THE CITY OF CORPUS CHRISTI AS FULLY DESCRIBED IN SUCH ORDINANCE FOR DISTRIBUTION AND SALE OF NATURAL GAS - PROVIDING THAT WORK BE DONE UNDER SUPERVISION OF THE CITY'S DIRECTOR OF PUBLIC WORKS - ESTABLISHING DESIGN CRITERIA AND STANDARDS - PROVIDING FOR EX- TENSIONS TO NEW CUSTOMERS - RESERVING TO CITY THE RIGHT OF REGULATION - PROVIDING FUR GAS OF GOOD QUALITY - PROHIBITING 11MM MIERCE WITH DRAINAGE - PROVIDING THAT SAID FRANCHISE IS NOT EXCLUSIVE - RESERVING TO CITY THE RIGHT TO INSPECT METERS - PROHIBITING INTERFERENCE WITH SEWERS AND MEER PIPES AND DRAINS - RESERVING 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 EXCAVATIONS AND STREETS TO SUPERVISION OF THE CITY'S DIRECTOR OF PUBLIC WORKS - 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 LIEN BY CITY TO SECURE MONIES DUE CITY UNDER FRANCHISE AND FM TAXES - PROVIDING FRAN- CHISE SHALL NOT IMPAIR RIGHT OF CITY TO PRESCRIBE CHARGES - PRESCRIBING CONSIDERATION FOR FRANCHISE - PROVIDING FOR PAYMENT BY SAID CORPORATION 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 - REWIRING PROPER MAINTENANCE OF PIPEAGE SYSTEM - PRESCRIBING TERM OF FRANCHISE AND OPTION OF CITY TO PURCHASE DEFINED PHYSICAL PROPERTIES OF THE CORPORATION AND PRESCRIBING BASIS FOR VALUATION AND PROCEDURES TO BE FOLLOWED - PRESCRIBING TERMS OF FORFEITURE - PROVIDING FOR AN APPEAL - RESERVING RIGHT TO CITY TO REGULATE CORPORATION - SUBJECTING BOOKS AND RECORDS OF CORPORATION TO EXAMINATION AND INSPECTION - MAIQNG FRANCHISE BINDING ON CORPORATION'S SUCCESSORS OR ASSIGNS - FIXING GENERALLY THE RIGHTS OF THE PARTIES UNDER SUCH FRANCHISE AND FIXING PENALTIES - AND PROVIDING FOR PUBLICA- TION. BE IT ORDAINED BY THE CITY COUNCIL Cx TIE CITY 00' C'OR'PUS CHRISTI: SECTION 1. There is hereby granted to Houston Natural Gas Corporation, a Texas corporation with its domicile and princiral place of business at Houston, in Harris County, Texas, hereinafter referred to as Grantee, its successors and assigns, subject to the terms and conditions hereof, the right, privilege and franchise to construct, extend, operate and maini,z;di,, f:cm time to time and con- tinuously during the term hereof, a plant and pireage system, including all lines, connections and other eoai2inc nt recessa:-y ar—' ino`dent '.hereto, i' ::. ,.he distri- bution and sale of nai,u_a1 gas to the people xoriding in aad the irdustrial, commercial, educational and ether institutions lc,:hted in the ?artiou or portions of the City of Cor as Ohr;st:i ca dpsigr_atei an3 descri ea 3n Si1,11'YOA1 3 hereof at such rates as the City Comcil of ±he City of Corpus zrisfi shell make, from time to time, and. for the trancporte Aor, and ssle by era ::ee of natu;-r.l. gas in, into and through the portion or portiere of the City of Ccrpus Christi decipzated and des- cribed in STWT.ICN 3 hereof., upon, beneath, over rand across Lhe streets, avenues, thoroughfares, bridges, streams, alleys, parks., la:neB =d e9uares of said City of Corpus Christi located in tha territory designa.ed and described in 13WTION 3 hereof, upor the conditions ar_d stip,;lations set forth i7 this ordinance. SECTION 2. dhroughout this ordinan, •the Ro,iston Na tural Gas Corporation is referred. to as "Gzantee,t, 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 covered by this franchise, whether within the boundaries of the corporate limits of the City of Corpua Christi at the present time or not, and to which this franchise is, or sbsll become applicable as portions thereof are annexed to the City of Corpus Christi, is described as follows, to -wit: AREA 1 SOUTH AREA Beginning at the intersection of the south boundary line of Doddridge Street projected and the shoreline of Corpus Christi Bay; Thence in a southwesterly direction with the projection of the south boundary line of Doddridge Street and the south boundary line of Doddridge Street to a point in the east boundary line of Alameda Drive, same being the northwest corner of Lamar Park Subdivision; Thence in a southeasterly direction with the northeast boundary line of Alameda Drive to the intersection of the west boundary line of Airline Road; -2- q k: n Thence in a southerly di-etieL r;. G1rg Rua .:i.,., tie sreri; boundary line of Airline Road to a point of intersection with a li. :e F_trallel to and 132 feet northwest of the northwest bcuru,;ry line of Section #14, Flour Bluff and Encinal Farm and Gazdon Tracts, came line rein;_ pe.aliei to and 132 feet northwest of the northwest bound -.-;; line of Koolside Addition.; Thence in a southwesterly direction along and with r: line parallel to and 132 feet northwest of the ncrtI ,reel round,;rr line of Section #14, Flour Bluff and Encinal Farm and Garden Tracts to a point of intersection with the center line of McArdle Road; Thence in a southmsterly dir<.c.<_J.nn ai.ong Aa:c <1;: the center line of McArdle road to the most northerly corner of Section #13, Flour Bluff and Encinal Farm and Garden :'facts; Thence ir a sou•Wrresta -•L; rK v 3ircci;i;n.. aicr:g a kJ::r ,hs. roxtnwest boundary line of Suction #13, Flour Bluff cn;i Ynainal Farm and C-axden Tracts and the center l :ie of South Staples Stsee-; (Dump tivad) to a point of inter- section with the southeesh boundary line of H.o11y ;toed; Thence in a southeasterly direction along and with the southwest boundary line of said Eo1)y Road to a p,;in,; 1 "C feet southeast of tra center line of South Staples Street (DU= Road); Thence in a northeasterly direction along a line 180 feet southeast of and parallel to the center Una of esid South Staples. Street (Dump Fond) to a Point 180 feet, southwest of the center line of a roun':c toad sometimes knocm as r.`hompson Roc,? oe Williams. Drive, saner ceing a l,oint 160 feet S.R. Of the center of South Staples Street (iramp Rcad) and 180 fe ^t southwest of the northeast line of Tr)t 17, Bock 13 r'Z the Flour ?iu. ' and Encinal Farm and Garden Trsets; Thence in a southeasterJy direction along a li.nc 180 feet southwest of and parallel to the northeast boundary- line of Lots ET t:, 24 inclusive, Section #13, Flour Bluff and F canal .Farm and garden Tracts and the center line of Thompson. Ro %4 or Wil).i.ams Drive to a point 660 feet southeast of the center of Rodd Field Road eome'cimas .ailed Langley Blvd. as row existing, same being a point ..n the southeast line of Lot 17, i'.wcP. ?S, ants i90 ieeb southwest of the northcast line of Lot 17, Block 28 vt the Flour Bluff and Encinal Farm and Garden Tracts; Thence in a northeasterly direction along a line 660 feet southeast of and parallel to the center line of said Rodd Field Road or Langley Blvd. as now existing to the mean low tideline of the Cayo Del Oso, same line being in a northeast direction along the southeast line of Lots #17, #16, and #1 of Block #28, and Lots 6 and #1 of Block #29, Flout Bluff and Encinal Farm and Garden Tracts; Thence in a northerly direction with the meanders of the said mean low tide- line of the Cayo Del Oso to a point at the intersection of the said mean low tideline with the eastern boundary line of Ennis Jorli_n Road as now existing; Thence in a northerly direction along and with the eastern boundary line of said Ennis Joslin Road to a point of intersection with the northeast boundary line of Section #17, Flour Bluff and Encinal Farm and Garden Tracts; Thence in a southeasterly direction along and with the northeast boundary line of Section #17, Flour Bluff and Encinal Farm and Garden Tracts, to the west bank of Cayo Del Oso; Thence in a northeasterly direction following the meanders of the west bank of Cayo Del Oso, same being the nreseni; ci'Jy limits line to its intersection with Carpus Christi Bay; Thence in a northwesterly direction with the shoreline of Corpus Christi Bay to the south boundary lire of Oo%drid_ne Street, projected, being the place of beginning. -3- The South Area nr Axan 1, i.b.­;'e dlasrelbed, ahal1 also inclt,de all conti^iouv isr;'u.tarj, when 5tt:h territory is hereafter rnrer_ed by try, City ct wcrus Gnri.sti., but shall be '.i*_�ite$ to tae terrizorg 1.j rtr and situated sout's_, c nr'. Southeasterly o° aon *h Staples ;street (Dump Road) and of any pro�iec�i.en or ecaension cf such street or road. AKA 2 COTY -NOE T ARF2 Beginning at the intersection of t2-,e eccntar line of Gollihar Road and on the southeast bolredary line of Carroll La;.e; Thence in a northeasterly direction with the ;outhes.;t boundary line of Carroll Lane to a point 185 feet Dort -hrast of the northeast boundary line Of Houston Street; Thence in a northwesterly direction with a line that is 185 feet northeast of and parallel to the northeast Soune? ;-y line of Houston Street to its inter- section with the southwest boundary line Oe Westeai•d Lane and following the southwest boundary line of Weatg;ard Lane and its northwesterly extensions thereof to a point in the couthe:_st brnmdary line of Sam Houston Addition; Thence in a southwesterly direction with the southeast boundary line of Sam Houston Addition, to the northeast boundary line of Horne Road; Thence in q northwesterly direction along and idth the northeast boundary line of Horne Road and the southwest boundary 1_ne of Cliff Maus Municipal Airport to the point cf intersection with the northwest line of Old Brownsville Road; Thence in a northeasterly direction alone and with tbu northwesterly boundary line of Old. Brownsville Road to a point of intersection with center line of County Road #34 sometimes known as Henh.pen Street or Kosar Road, near the southeast corner of Blo:;k #15 of the Russell Farm Tracts; Thence in a westerly direction along and vith tue center line of said County Road #34 sometimes known as Hennipen Street or F.osar Road to a point of inter- section with a line parallel to and one - quarter (1/4) mile northwest of the center line of Old Brownsville Road as now existing; Thence in a southwesterly direction with a line parallel to and one - quarter (1/4) mile northwest of the center line of Old Brownsville Road to a point one - quarter (1/4) mile southwesterly from the center line of Lexington Blvd. right of way for a corner; Thence in a southeasterly direction along a line one - quarter (1/4) mile south- westerly from and parallel to the center line of said Lexington Blvd. right of way to the most northern corner of Southland Estates Subdivision, same line being the northeast boundary line of Lots #6 and #3, Section #4, and the north- east line of Lot #5, Section #3 of the Bohemian Colony lands; Thence in a southwesterly direction with the northeest boundary line of said Southland Estates Subdivision to the most westerly comer of said subdivision; Thence southeast along the southwest line of Southland Estates Subdivision and the Moravian Village Subdivision and its southeasterly extension to a point 180 feet southeast of the centre- line of Kostoryz Road; Thence northeast with a line 180 feet southeast of and parallel to the center line of Kostoryz Road to a point in the northeast line of Lot 6, Section 2 Bohemian Colony Land;, sai,;. point being 180 feet southeast of the center line Of I:ostoryz Rjad; Thence southeast alonS the .: rM,cazt lines of Lots #5 and #3, Section kl, Bohemian Colony Lards to a point One (1) foot northwest of the southeast boundary line of Weber Road; -4- r Thence 'northeast with a lien narelle2 4 and one (1) foot northwest of the southeast boundary line of w.aber Ppad w a point 99.75 >eet southwest of the center line of Gol,j- 11. ^.r• Road; Thence southeast with a lint; _�sra7lei, to anc X19,75 peer southwest of the center line 'of Gollihar Road a distu ,ce• of 1'41 feet to a point, same being the most southerly corner of Houston Natural Gas, Col : -Poration's mater and regulator station site oiut of Lot #12, Seotion "A ",, Paisley's Subdivision of the Hoffman Tract; The.,c� ,northeast with a line pa. allal to ar.3 d ' =, t southeast of the' center line 'of 4Ie6er AW_ to a point: in the center -line ,of Gollihar Road; Thence northwest with the center lire Of GolZihdr Road to the southeast boundary line of Carroll Lane, the place of beginning. The Southwest Area or Area 2, above described, shall also include all contiguous territory+2yin& and situated southwesterly of such area, when such terri- tory is hereafter annexed to the City of Corpus Christi, btlt shall be limited to territory thereof lying and situated between ar axtension or .projection of the most northwesterly line of such area, described above, and of any extension or projection of Weber Road. AREA 3 'BEST -V2A Beginning at the intersection of the west bound =7 of Poth Larne and the north boundary line of Up River (Shell)Road; Thence in a northwesterly and westerly direction along the north boundary line of Up River (Shell) Road to its intersxtion ulth th•a northeasterly extension of the boundary line between the Meagy 55 -acre tract and the Lunn 100 -acre tract, said boundary line being the east line of said Dunn tract described In a deed recorded in Volume K, on Page 9o, of the Deed Records of Plueces County, Texas; Thence southwesterly with the aforesaid axtennion of the common boundary line between the Meany and Dunn tracts and continuing on akng,said common boundary line to a corner, said corner being the most southwesterly corner of the John Dunn 14.5 -acre tract and being the southwestern corner of the tract described in a deed recorded in Volume 153, Page 421, Deed Records of Nueces County, Texas; Thence in an easterly direction with the southerly boundary line of the said Dunn 14.5 -acre tract to its intersection with the northerly extension of the most westerly bolmndary line of Ebony Acres Addition No. 3, as recorded In Volume II, Page 35 of the ranp or plat records of Nueces County, Texas; Thence in a southerly direction with the northerly extension of the west boun- dary line of said Ebony Acres Addition No. 3,, to the north boundary line of said Ebony Acres Addition No. 3; Thence in a westerly direction along the westerly extension of the most north- erly boundary line of said Ebony Acres Addition No. 3, and continuing along the north boundary line of the James McBride Partition a distance of 300 feet to a point for corner; Thence in a southerly direction along a line which is 300 feet west of and Parallel to the west boundary line of said Ebony Acres Addition No. 3, to the intersection with the northeasterly extension of the northwest boundary line of that certain 6.689 -acre tract as described ;n a deed recorded in Volume 600, Page 326, Deed Records of Nueces County, Texas; Thence in a southwesterly direction along the said extension of the said northwest boundary of the said 6.689 -acre tract and continuing along the said -5- northwest boundary of 0a,14 tract td the mast westerly coiner of the ssicl' tract; Thence in a southeasterly direction aior g she ;puthwest 'c,ou,1 -L�r line of the said 6.669 -acre tract and ito outheastarly extension to the point o. inter- section with a line parallel to and 360 feet southwesterly from the center line of the right of way of Lexington Boulevard as now existing; Thence in a southerly direction along said line 360 feet southwesterly and westerly from and parallel to th center line of said Lexington Boulevard right of wy to a -point in the center line of State Highiray No. 44 as now existing; Thence in an easterly direction along the ceptev line of State Highlray No. 44 as now existing to a point of intersection wi;,h the west boundary line of Old Robstown Road; Thence in a northerly direction with the west boundary line of Old Robstown Road to the most southerly corner of Glen Rcyal Addition; Thence in a northwesterly direction along the southwest boundary line of Glen Royal Addition and the southwest boundary line of Villa Gardens Addition to the most westerly corner of said Villa Gardens Addition; Thence in a northeasterly direction along the rorthwest boundary line of Villa Gardens Addition (same being the 'southeast boundary line of the Paul Sturm Tract) and the southeast boundary line of Westchester Place to the place of beginning. The West Area or Area 3, above Described, shall also include all contiguous territory lying and situated northeasterly, north and west of such area, when such territory is hereafter annexed by the City of Corpus Christi, but shall-not include territory lying and situated south of Agnes Street (State highway No. 44). AREA 4 INDUSTRIAL AREA In addition to the industrial rights granted and included in Areas 1, 2 and 3 above, the territory contiguous to Grantee's existing industrial transport and delivery pipe lines as the same exist at the effective date hereof, with such use being limited to customers located directly on such line and using gas for industrial purposes, a map showing such lines being on file in the office of the City Secretary, to which reference is here made. In the event of the extension of the present city limits of Corpus Christi, howsoever the same may be brought about, all of the rights, duties, lia- bilities,obligations and covenants herein set forth shall likewise apply to the portions of the areas above described which are outside the present city limits as the same are added to the territorial limits of the City of Corpus Christi, but not otherwise. SECTION 4. GlaZMOey subject to the performance by it of all obligations herein assumed by it, shall ha,,-e the rig'rit, subjeez to the Charter and ordinances —6- of The City, and the terms an9 conditions herei.,after set forth, to exten.l, replace and repair its pipeage system now in use and hereafter constructed coextensive with the limits of the territory described in SECTION 3 hereof, 5.t shalt restore the streets upon which the pipes are extended, replaced, repaired or constructed, put- ting them in as good condition as before. Grantee shall be required, before doing any work in the streets, to first notif`y the Director of Public Works of its inten- tion to do so; all such work shall. be done under approved specifications and super- vision of said Director. To this end, The City hereby grants and concedes to Grantee the right and privilege to enter upon, and to construct, operate and main, R tain its mains and pipes in, upon, acs'oss 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 Director of Public Works, 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 terri- tory described in SECTION 3 hereof. All excavations made in any of said streets, squares, parks, 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 excavations and openings shall be replaced in good condition at the cost and ex- pense of Grantee, and to the satisfaction of the Director of Public Works. Grantee shall hold the City harmless on all claims for loss due to property damage or personal injury occasioned by the acts of Grantee, iss servants, agents, contract- ors, and employees in exercising the rights herein granted. Wherever feasible, all paved street crossings shall be bored or punched but not cased, and all pipe lines laid in any street area shall be laid between the curb and sidewalk whenever it is possible to do so. SECTION 5. Each of the provisions herein stipulated is accepted by Grantee as a condition to the grant, and failure to comply herewith after being notified in writing through action by the City Council shall, at the option of the Council, subject this franchise to cancellation in accordance with the provisions of Section 28 hereof. EMTION 6. Grantee shall ext -nd its pipes within the territory des- cribed in SECTION 3 hereof and shall ; : ^a sh ser it es, from time to time, as -7- City Council may demand, upon a showing that one new customer for gas for every one hundred (100') feet of new extension has rode an applicetien in writing to take and use gas on such extension. SECTION 7. In granting this 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 hereafter, nor any of its rights tinder the laws, present and future, of the State of Texas, nor any of its rights under present or fixture ordinances of said City. Any restriction or limitation on the Grantee, or reserving powers in the City by reason of the State Constitution or laws, or by reason of the City Charter, as such constitution, laws or charter now exists, or as the same may be hereafter amended, are hereby made a part hereof as restrictions and limitations on the grant hereby made and as reserving rights, pri.`il-.ges or options in the City to the same effect as if written herein. SECTION 8. Grantee shall furnish gas w•:th a minimum 900 B.T.U. per standard oubie foot heating value with not more than 20 grains of total sulphur or more than one (1) grain of hydrogen sulphide pex L;^ azandard cubic foot, as ascertained and determined, from time to time, by Tl::• Uity Council under its present or future regulatory powers. SECTION 9. Grantee shall not impair in any manner the natural or arti- ficial drainage of The City or its underground fixtures, and in crossing any stream, canal or waterway 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 satifaction of the City Council. SECTION 10. The rights herein granted shall not be exclusive and The City reserves the power to grant like rights for similir uses, subsequent grants, and further reserves the right to extend its own lines and distribute gas in the territory covered by this franchise. SECTION 11. 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 be hereafter passed by the City Council. SECTION 12. In making extensions or repairs to its pipeage system, Grantee shall not interfere with any sewer, water or heaairg pipes or public or private drains in any street, highway, alley] public easement; or other city -8- Property, nor shall the same be disturbed or molested sa any manner except with the consent and under the direct,,ior_ of the P.i,Me,!tor of Public Worrr. SECTION 13, If, in the opinion of the City Council) there is an un- reasonable delay by Grantee in restoring streets, highways, bridges, etc., after excavations, repairs anA /or extensions have been made, The City shall have the right to restore or repair same and to require Grentce to,pay the reasonable cost thereof. SECTION 14. All dirt, rubbish, and =Lerial left after the streets, highways, alleys or other public property have been restoref 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 failuxe so to do The City shall have the right to make such restorations, for the red_,nable cost of which Grantee shall be liable to The City. SECTION 15. In the construction, maintunt -nce and repair of its lines, Grantee, without express coziAcat of the Director of Public Works, shall not per- mit the existence of any unfilled excavation or ditch in excess of a total distance of' five hundred (500') feet on any public street, alley, thoroughfare and /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 dis- patch and in such manner as not to interfere unnecessarily with the use of the street for travel. SECTION 16. The enumeration herein of special duties required of 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 present 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 17. If Grantee, in laying its pipes, comes in conflict with the rights of any other person or corporation having a franchise from The City, the City Council shall decide all questions concerning any conflicting rights of the respective parties, anti shall determine the location v_7 the structures of said parties and what changes, if any, should be made and at whose cost, and shall -9- reconcile the differences of the parties in such matter. SECTION 18. If The City, in cons *_•ructirg its ,-• -ers, streets, or other Public works, should require any pipe or pipes of 'grantee to be shifted or relo- sated, such pipe or pipes shall be prorsotly shifted or rvlocated by Grantee, at its own expense as and when required by Th.- City. SECTION 19. For any and all moneys which may be justly 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 frauchise, and /or any other property of Grantee, situated within the corporate l.im:ts, The City shall have a valid and enforceable lien upon all of Grantee's proper "ty'as well as the franchises and rights herein granted. SECTION 20. 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 Director of Public Works, 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 21. In granting this franchise The City reserves its rights to regulate all public utilities, including Grantee, and to regulate the rates, installation and service charges within the City agreeable to the constitution and laws of the State of Texas. SECTION 22. 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%) upon its annual gross receipts from the sale of gas to ultimate con- sumers at sale delivery points located 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 23. Grantee shall furnis#,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 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 suuject, at all times, -10- to inspection by the City Council and other City officials. SECTION 24. The City, et its option, after th•, expiration of this fran- chise may purchase the gas distribution system of Grantee upon the terms and con- ditions hereinafter set out: A. PROPERTY The property covered by this option during '.r,,, time when such option may be exercised shall include the following: (1) All gas mains then owned and used by Grantee in its distribu- tion systems within the City of Corpus Christi, within or without areas covered by this franchise, save and except Grantee's gas mains located in the area• described as "Area 3, West Area ". (2) All gas mains then owned and used by Grantee in its distribution systems outside the City of Corpus Christi when such gas mains are directly con- nected to and dependent for gas supply upon Grantee's gas mains located inside the areas of the City described in (1) above, (3) All gas appurtenances then affixed c'r c-onnected to the gas mains detailed in (1) and (2) above, including regulrw r,­ valves, fittings and meters. (4) All easements and rights of way that are then owned by Grantee and which are used exclusively in the operation of the gas mains defined in (1) and (2) above, No value shall be allocated to easements acquired by gift. (5) Such additional items of property as may be mutually agreed upon in writing between The City and Grantee. (6) For all purposes herein "gas mains" are defined to mean, and shall mean, all gas feeder and gas distribution pipe lines that are normally operated by Grantee at inlet pressures up to 25 p- s.i.g. and normally having inlet peak load operation up to 60 p.s.i.g., and being located and found in the areas specified in (1) and (2) above. This definition shall neither be construed to include any of Grantee's gas measurement and delivery facilities then functioning as city gate stations and /or as industrial delivery stations nor be construed to include any gas pipe lines then operated by Grantee as gas transmission lines, industrial gas transport lines, or industrial gas delivery lines. (7) All assignable customer contracts, sec-urity deposits, and accounts receivable of cue'xmers located in the areas above described who are -11- ; c 00 then being served by Grantee. (8) No part of Grantee "s industrial gas sya;.em or any of its con- tracts which provide for the sale of gas for industrial purposes shall be in- cluded within the terms of this option, it being intended that Grantee shall continue to operate its industrial gas system and to sell gas for industrial Purposes within the then city limits subsequent to the date of the expira +..on of this franchise under such franchise as may then be granted to Grantee. B. OPTION PRICE The price to be paid for such property, for ffarposes of this option, shall be the sum of: (1) The fair and 'reasonable value of items (1) through (6) above, inclusive, when used for the purpose for which it was intended, determined as of the date of the inventory hereinafter mentioned. Due regard shall be given to the physical condition of such property, but no allowance shall be made for "going concern ", "franchise ", or good wiJ.l value; (2) The book cost o€ all additions and improvements made to such property subsequent to the date of the inventory and prior to the consummation of the purchase; (3) The book value of accounts receivable and security deposits of customers located in the areas covered by this option who are then being served by Grantee. C. PROCEDURES (1) If the City elects to exercise its option to buy such property, the City shall, at some time between the date three years and nine months from . the effective date hereof and the date four years from the effective date hereof, give notice to Grantee in writing that the City contemplates .he acquisition of such property. (2) Within sixty (6o) days from receipt of such notice, Grantee shall submit to the City its determination of the fair and reasonable value of such property, accompanied by a map or maps showing the locations of such proper- ties, together with a summary inventory of the various items comprising items (1) through (6), inclusive, of such property. (3) In the event no agreement is reached as to the fair and reasona- ble value of the property within sixty (60) days after re::eipt of Grantee's pro- posal and inventory, or by earlier agreement of the parties, an independent -12- engineering or valuation firm shall be engaged to make an apt°valsal of such value of the property reported in said inventory. Such independent engineering or yc.lugiV.La firm shall be selected by a majority vote of a committee of five p_rsonp, °1.•77a of whom sha?Y ;be named by the City and two by the Grantee; the fifth member shall be selected by a majority vote of the other four members of The committee. Selection of committee members and engagement of such engineering or valuation firm shall be completed not later than ninety (90) days after the above aentibned inventory is delivered. The engineers, or valuation firm, in arriving at the value of the inventoried properties, shall be governed by the following: (A). The fair value of the inventoried properties shall be the then replacement cost, less depreciation. (B). Depreciation under (A) shall be computed on a straight line basis at three per cent 0%) per annum from be- ginning of calendar year of installation or acquisition to end of calendar year preceding date of inventory. The City shall not be required to purchase, and the Company shall have the right to remove any meters or regulators included in the properties sub- ject to the option which, in the opinion of the independent engineers, or valuation firm, are deemed to be obsolete. The engineering or valuation firm shall make its report to such committee within thirty (30) days after engaged, and upon approval of a majority of the members such appraised value shall be accepted by both the City and the Grantee as the value of the properties included in said inventory. (4) In the event the appraised value, reported to the committee is not approved by a majority of the members, another engineering or valuation firm shall, within thirty (30) days after the first report is received, be se- lected in the same manner as the first firm and for the same purpose to report within thirty (30) days after engaged. (5) If the second appraised value is not approved by a majority Of the committee within fifteen (15) days after reported, then within five (5) days thereafter an average of the two appraised values shall be determined by the committee and reported to the parties as the value of the properties included in said inventory. (6) To the value of the properties - eporbed in the inventory fur- nished to the City, however determined, there shall be added: -13- (a) The book =oat of all additions and improvements to such Property made subsequent to the date of the inventory and prior to the consumma- tion of the purchase; and (b) The book value of the accounts receivable and security deposits of customers located in the areas covered by this option who are then being served by Grantee. (7) The cost of the first appraisal shall be borne by the City; the cost of the second appraisal, if rejected by less than a unanimous vote, shall be borne by the party whose representatives constitute a majority of the members who disapprove of the appraised value. If the second appraisal is rejected unanimously by the City and Grantee's representatives, the cost thereof shall be borne equally by the City and the Grantee. Copies of all valuation and committee reports shall be submitted to all parties. (8) Upon the determination of the value of the properties as of the inventory date, the City Council shall call an election and submit to the proper and qualified voters of the City, at such election, as separate propositions, the following: I '(a) Whether the City should acquire the property subject to this option and issue bonds sufficient to pay therefor; (b) Whether the City should grant the Company (Grantee) a 30 -year extension of its franchise without the specific option rights to purchase Grantee's properties which are contained in Section 24 hereof. Such election shall be held within ninety (90) days from the date of the determination of the value of the properties as of the inventory date. (9) In the event that the City does not elect to exercise its Option to buy such property within the time and in the manner herein provided, or in the event that such option is exercised and the sale and purchase is not completed by payment of the full purchase price in cash five years and three months from the effective date hereof, or within any extension of such time by reason of any event extending such period as herein provided, then such option and all rights of the City to purchase such property and the obligation of the Grantee to sell same shall be of no further force and effect and the City Council shall, if it has not previously done so, forthwith submit to the qualified voters of the city the single- question of granting a franchise to the Grantee extending -14- i 4 r its then present franchise for a period of thirty (30) years from the date of its termination without the specific option rights to purchase the properties which are contained in Section 24 hereof. The cost of the election shall be paid by Grantee. (10) Failure of the Grantee U timely make and furnish the infor- mation provided for in (2) above, or to make the appointment of its committee men as provided for in (3) above, if required, shall constitute a default hereunder. In the event of such default, the City is hereby authorized, at the cost and expense of Grantee, to employ an independent engineering or valuation firm to prepare a correct inventory and appraisal of the value of such property. Such appraised value shall be accepted by both the City and the Grantee as the value of such properties. (11) Time is agreed to be of the essence in complying with the pro- cedures outlined herein, however, the time for action by either party shall be extended for such period as (1) it may be restrained by judicial decree, (2) per- formance is delayed by acts of God or force majeure, or (3) performance is pre- cluded by the presence of a period of time permitting no contract by restrictions of the City Charter. (12) In the event that 'i.he committee provided for under Paragraph (3) above shall fail or refuse to act within the time provided herein, then such committee shall be subject to dismissal by either party and a new committee shall forthwith be appointed for the same purpose, in the same manner and within the same time limits as are herein provided. The total time authorized for action hereunder shall be extended to compensate for any resulting loss of time. SECTION 25. In addition to the rights, privileges, and franchise granted to Grantee, as hereinabove set forth, Grantee is hereby granted the right of ingress and egress for the purpose of serving the areas described herein and areas beyond the present city limits, including the U. S. Naval Air Training Station. SECTION 26. The rights, privileges and franchise herein granted to Grantee shall extend to and include its successors and assigns, and the terms, conditions, provisions, requirements, and agreements in this ordinance contained, and each of them, shall be binding upon the successors and assigns of Grantee. No assignment of this franchise, however, shall be binding upon The City without its consent and approval thereof having been obtained by action of the City Council. -15- a •.. SECTION 27. Grantee has heretofore filed with the City its bond and obligation, in the sum of $25,000.00, conditicned 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 bond and obligation, or a replacement thereof, shall be continued in force and effect during the life of this franchise to cover the obligations imposed by Grantee hereunder. SECTION 28. 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, 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 terminate subject to the right of Grantee within thirty (30) days of such action of the City Council to file an action in the appropriate court or regulatory body having jurisdiction for the purpose of having such failure judicially determined. Upon the filing of such action, the forfeiture shall be suspended during the pendency of such action,.sub- ject however to proper orders of the jurisdictional authority; the power here given to forfeit the franchise herein granted is in addition to the 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 29. Each and every construction and reconstruction of Grantee's gas feeder pipe lines to effect delivery of gas to other than industrial consumers and to effect distribution of gas within residential areas, being such pipe lines that are located in any of the city streets, private or public rights of way and utility easements, shall be planned, constructed and completed in accordance with the following basic control standards; (1) In developing plans for such gas mains the basic criteria shall be; (a) A normal design pressure up to 25 p- s -i.g. and a peak load design pressure UP to 60 p- s.i -g. without second stage regulation, (b) The length of pipe to be -16- used in calculations shall be the len3th between point of cupply and end point in the system, and (c) Pipe lines shall be designed to carry a minimum volume of three hundred and forty (340) cubic feet per hour per acre to area to be served. (2) The specifications of materials used in constructing and recon- structing such gas mains and methods for protecting the same shall be as follows: (a) Seamless or welded black steel pipe shall be used and shall have properties as prescribed by the current American Standards Association specification B36.1, with Schedule 40 thereof to apply up to 6 -5/8" O.D. pipe sizes. (b) The coating and wrapping of pipe shall conform to the equal or better of Rosson - Richards Company minimum specifi- cation RR -1 or of Pipe Line Service Company's Bitumastic specification "A ". (c) Cathodic protection shall be applied that is equal to the minimum or better of the several methods of practices generally used and accepted by the gas pipe line industry, ex- cept that D. C. rectifier methods shall not be used. (3) When the City's Director of Public Utilities and the Grantee's Chief Engineer agree in writing upon the necessity for an exception to the basic design criteria set forth in (1) above and /or to any specification set forth in (2), next above, and when their such writing also reflects their agreement upon a substituting criteria and /or specification to apply, then their agreed deviation from the basic control standards in Item (1) and /or (2) above shall be authorized, provided, how- ever, that such signed agreement shall be in the custody of the Grantee's Chief Engineer before performing deviating construction or reconstruction. Otherwise, the basic control standards provided in (1) and /or (2) above shall continue in force and effect and shall be followed. (4) Within thirty (30) days following the effective date of this franchise, Grantee shall furnish to the City's Director of Public Works two prints of its block maps showing thereon all gas feeder and gas distribution pipe lines being operated by Grantee within the design criteria set forth in (1) above. Thereafter, as to each construction and reconstruction of such pipe lines the Grantee shall furnish the City's Director of Public Works a print of the final survey and, if available, a copy of the plan and plat for each such gas main in- stallation or reconstruction and will reflect thereon the location and size of -17- such gas main, in order that the City may currently post the block maps furnished by Grantee. Grantee shall not be required to show the location of customer ser- vice lines extending from such gas mains. SECTION 30. Nothing contained in this franchise shall be construed to be a waiver of any right which The City has or may have under its charter, home - rule powers, or other authority to acquire by exercise of the power of eminent N domain all or any part of the property or properties of Grantee at any time. SECTION 31. Upon the faithful compliance by Grantee with the terms and r , conditions of this ordinance, Grantee shall have and enjoy 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. SECTION 32. The Grantee herein shall have the right to appeal to the City Council any act or omission, decision or order of any representative of the. City which may affect its rights, duties or obligations hereunder. Notice of such appeal shall be in writing and delivered to the City Secretary within fifteen (15) days after such act, omission, decision or order. SECTION 33. Simultaneously with the final passage of this ordinance.- Grantee shall file its written acceptance of same with the City Secretary. SECTION 34. This ordinance shall be effective January 1, 1955, follow- ing its passage, approval and publication as provided by the City Charter. The foregoing ordinance was read and passed to the second reading on the 15thy of December , 1954, by the following vote: P. C. Callaway Ave Ellroy King Ave James S. Naismith Aye D. James Brace Aye F. P. Peterson, Jr. Ave The foregoing ordinance was read the second time and passed to the third reading on the 22nd day of December , 1954, by the following vote: P. C. Callaway Aye Ellroy King Aye James S. Naismith Aye D. James Brace Aye F. P. Peterson, Jr. Aye -18- The foregoing ordinance was read the third time and passed and ordered approved by the Mayor, on the 29th day of December , 1954, by the following vote: P. C. Callaway Aye Ellroy King Aye James S. Naismith Aye D. James Brace Aye F. P. Peterson Aye APPROVED this 29th day of December 1954. ATTEST: s/ T. Ray Kring City Secretary APPROVED AS TO LEGAL FORM: s/ K. M. Singer City Attorney s/ P. C. Callaway MAYOR City of Corpus Christi, Texas ' -19- SECTION 2. AT SAID ELECTION HEREINABOVE ORDERED THE FOLLOWING PROPOSITION SHALL BE SUBMITTED TO THE QUALIFIED VOTERS OF THE CITY OF CORPUS CHRISTI, TEXAS: PROPOSITION A "SHALL THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI BE AUTHORIZED TO ENACT AN ORDINANCE GRANTING AN EXTENSION OF THE PRESENT FRANCHISE OF HOUSTON NATURAL GAS CORPORATION FOR A TERM OF THIRTY (30) YEARS FROM AND AFTER THE EFFECTIVE DATE OF SUCH ORDINANCE FOLLOWING FINAL PASSAGE OF SUCH EXTENSION ORDINANCE BY THE CITY COUNCI L, SUBJECT TO THE TERMS AND CONDITIONS AS CON- TAINED IN ORDINANCE NO. 4018, PASSED AND APPROVED BY THE CITY COUNCIL, ALL AS PROVIDED IN SAID EXTENSION OF FRANCHISE AS SET OUT IN ORDINANCE N0. j PASSED AND APPROVED BY THE CITY COUNCIL ON THE 17TH DAY OF JUNES 1959?" SECTION 3. SAID ELECTION SHALL BE HELD IN THE CITY OF CORPUS CHRISTI AT THE FOLLOWING PLACES AND THE FOLLOWING NAMED PERSONS ARE HEREBY APPOINTED JUDGES AND OFFICERS OF SAID ELECTION; -5- • PRECINCT NUMBER LOCATION ELECTION OFFICERS 1 GILLELAND'S COURT ROOM J. M. HAIGLER, JUDGE COURT HOUSE HENRY J. KERBER,ASST.JUDGE MRS. M. L. NORVELL, CLERK MRS. J. H. MILAM, CLERK 2 - CHESTON HEATH SCHOOL T. J. DINEEN, JUDGE 500 N. CARRIZO MRS. T.J.DINEEN,ASST.JUDGE GERTRUDE DREYER, CLERK LOUISE CLARKSON, CLERK 3 GEO. W. CROSSLEY SCHOOL MRS. J.H. VETTERS, JUDGE 2512 KOEPKE MRS. GEO.J. STEIN,ASST.JUDGE MRS. D. H. MOORE, CLERK MRS. J.A. ALSTON, CLERK 4 OAK PARK SCHOOL MRS. H. A. TYLER, JUDGE 3701 MUELLER MRS. W.H. DAVIS, ASST.JUDGE MRS. JNO. S. ARNOLD, CLERK MRS. VEDA GUTHRIE, CLERK 5 SAVAGE LANE FIRE STATION MRS. R. E. HOBBS, JUDGE 501 SAVAGE LANE MRS. H. H. MCCOOL,ASST.JUDGE MRS. LILA UPCHURCH, CLERK MRS. R. R. KAYSER, CLERK 6 SCOUT HUT MRS. R. J. HEREFORD, JUDGE WOODLAWN PRESBYTERIAN CHURCH MRS. C.M.MCKINNEY,ASST.JUDGE 3757 UP RIVER ROAD MRS. B. M. ESTES, CLERK MRS. ELOIDA DOERR, CLERK 7 ROY MILLER HIGH SCHOOL MRS. JACK BARFIELD, JUDGE 515 FISHER MRS. ZOE BARNES,ASST. JUDGE MRS. LESLIE BRADSHAW, CLERK MRS. DON ROBE, CLERK 8 EDWARD FURMAN SCHOOL J. R. WEATHERFORD, JUDGE ' 1115 S. ALAMEDA L. D. DAVIS, ASST. JUDGE MRS. JACK BLACKWELL, CLERK ANNIE C. SHAW, CLERK 9 GEO. WIGGIN'S HOMES MRS. E. M. JIMENEZI JUDGE RECREATION CENTER MRS. PHILLIP TANIS,ASST.JUDGE 2320 BUFORD DELORES FISHER, CLERK E. M. JIMENEZ, CLERK N PRECINCT NUMBER LOCATION ELECTION OFFICERS 10 DE ZAVALA SCHOOL MINNIE B. O'CONNELL� JUDGE 925 FRANCESCA JUANITA GARCIA, ASST.JUDGE JOAQUIN GONZALEZ� CLERK BEN JIMINEZ, CLERK 11 STEPHEN F. AUSTIN SCHOOL CLARA H. CERVANTES, JUDGE 3902 MORGAN NELLIE CHAPA, ASST. JUDGE MRS. JAMES B. FULTON, CLERK LOUELLA L. HRCHEK, CLERK 12 GEO. W. CARVER SCHOOL GEORGE ELIZONDO, JUDGE 3109 CARVER GEORGE M. CHATMAN,ASST.JUDGE MRS. 0. P. ALEMAN, CLERK MRS. VALENTIN Ep ZONDO, CLERK 13 DAVID CROCKETT SCHOOL MRS. ROSA GONZALES, JUDGE 2625 BELTON E. P. CASTANEDA, ASST.JUDGE FRANK DALTON, CLERK ETHEL ELIZONDO, CLERK 14 WM. B. TRAVIS SCHOOL LOUIS ADERHOLT, JUDGE 1645 TARLTON MRS. F. J. FLOYD, ASST.JUDGE MRS. E. D. TERRELL, CLERK MRS. J. A. STRINGERS CLERK 15 ELIZABETH ST. SCHOOL RALPH NEWTON, JUDGE 2002 ELIZABETH MRS. JIM CROCKER,ASST. JUDGE MRS. GEO. CONNELL, CLERK HILDA B. GILLIS, CLERK 16 WM. MENGER SCHOOL MRS. C. E. BUCKS JUDGE 2209 S. ALAMEDA MRS. E. G. WELDON,ASST.JUDGE MRS. J. B. DURHAM CLERK MRS. J. D. PROCTORS CLERK 17 INCARNATE WORD ACADEMY G. W. PERRY, JUDGE 2930 S. ALAMEDA WILBUR DUNLAP,ASST.JUDGE LAUNDRY BUILDING MRS. DOLLY CARROL, CLERK AUSTIN ST. ENTRANCE MRS. ELINOR KAUFMAN, CLERK 18 LINDALE RECREATION CENTER MRS. EDWIN L. OLSEN, JUDGE 3133 SWANTNER MRS. A.E. ENGLEHARDT,ASST.JUDGE MRS. C. E. BEARDSLEY, CLERK MRS. A. C. ROACH, CLERK 4 PRECINCT NUMBER LOCATION ELECTION OFFICERS 19 DEL MAR COLLEGE AUDITORIUM MRS. E. H. ANDREW, JUDGE AYERS STREET MRS. P.A. Tom, ASST. JUDGE MRS. R. E. THURMAN, CLERK MRS. W. 1. ARMSTRONG, CLERK 20 SAM HOUSTON SCHOOL NED W. BEAUDREAU, JUDGE 363 NORTON MRS.S.M. MCCOY,ASST.JUDGE ARTHUR L. WAUGAMAN, CLERK CARL S. CAGLE, CLERK 21 BAKER JR. HIGH SCHOOL DON M. HARRIS, JUDGE 3445 PECAN R. D. MOREHOUSE,ASST. JUDGE MRS. WADE CARRUTH,JR.,CLERK MRS. FRANK SEAGLE, CLERK 22 CUNNINGHAM JR. HIGH SCHOOL MRS. W. T. NEWTON, JUDGE 4321 PRESCOTT MRS. K. W. LEWIS, ASST.JUDGE MRS. R. R. GAONA, CLERK MRS. V. D. MOORE, CLERK 23 PRESCOTT ELEMENTARY SCHOOL M. L. LEWIS, JUDGE 1945 GOLLIHAR RUTH FERGUSON, ASST. JUDGE EARL RICE, CLERK MARIA DE LEON, CLERK 24 JAS. W. FANNIN SCHOOL KENNETH CROSS, JUDGE 2730 GOLLIHAR EVELYN L. SCHMIDT,ASST.JUDGE RICHARD A. BUCK, CLERK MRS. LIONEL N. BURTON, CLERK 25 LEXINGTON SCHOOL MRS. W. D. JOHNSON, JUDGE 2901 MCARDLE MRS. CLIFFORD LANDEN,ASST.JUDGE MRS. ROSE RICHARDSON, CLERK MRS. S. H. WILLIS, CLERK 26 CENTRAL PARK SCHOOL MRS. H. R. KENNEDY, JUDGE 3602 MCARDLE LEON C. PINN, ASST. JUDGE MRS. W. P. LIVINGSTON, CLERK O. W. JALOWAY, CLERK 27 R. B. FISHER SCHOOL E. S. BARROW, JR. 601 MINNESOTA E. W. BLASINGAME,ASST.JUDGE VAUGHN E. BOWEN, CLERK MRS. E. E. COLEMAN, CLERK r PRECINCT NUMBER 28 29 30 31 32 33 34 35 36 LOCATION ELECTION OFFICERS SCOUT HUT MRS. A. C. KUEHM, JUDGE PARKWAY PRESBYTERIAN CHURCH MRS. A. E. SPARKSpASST.JUDGE 3707 SANTA FE MRS. WILLARD BROWNS CLERK R. 0. ROBERTSON CLERK GARAGE M: A. CAGE, JR., JUDGE 338 WILSHIRE WALTER F. DUFFARD,ASST.JUDGE JACK S. HOGAN, CLERK JOE T. HOLLAND, CLERK ROBERT T. WILSON LEE R. HUGONI 'JUDGE ELEMENTARY SCHOOL CATHERINE COX, ASST. JUDGE 3925 FT. WORTH MRS. A. P. JONES, CLERK MRS. PAUL HILL, CLERK CARROL LANE SCHOOL DREW W. HARRISON, JUDGE 4120 CARROLL LANE MRS. BARBARA VAN DRESAR,ASST.JUDGE MRS. A. V. ASH, CLERK MRS. E. W. BASSI CLERK SUUpNDEEN JR. HIGH SCHOOL EDGAR W. BASS, JR., JUDGE IIU01 EVERHART C. A. BEVIL, ASST. JUDGE J. E. BOATMAN CLERK ALBERT CARHART, CLERK W'I'NDSOR CHURCH OF CHRIST W. B. LOFTIN, JUDGE 4420 S. STAPLES- \--- MRS. P. B. SNYDER, ASST. JUDGE MRS. CHAS. SWINDALL, CLERK MRS. HARRY SHOEMAKERS CLERK MONTCLAIR ELEMENTARY SCHOOL MRS. OLEN R. KEITH, JUDGE 5241 KENTNER MRS. DORIS G.CURRIE,ASST.JUDGE MRS. GERTRUDE ROGERS� CLERK MRS. H. W. HAMON, CLERK WINDSOR PARK SCHOOL MRS. F. G. TULEY, JUDGE 4525 S. ALAMEDA MRS. R. D. CLINE,' ASST.JUDGE MRS. C. A. BURKE, CLERK MRS. EVELYN L. KENNEDY, CLERK SUNDEEN ELEMENTARY SCHOOL H. J. BOSWELL, JUDGE AIRLINE AND MCARDLE ROADS MARY JO FLOYD, ASST.JUDGE ANNA F. NICHOLAS CLERK LAURA A. BOSWELL, CLERK SECTION 44. THAT SAID ELECTION SHALL BE HELD IN ACCORDANCE WITH THE STATUTES AND CONSTITUTION OF THE STATE OF TEXAS, AND THE CHARTER OF THE CITY OF CORPUS CHRISTI, TEXAS. SECTION 5. THAT THE POLLS WILL BE OPEN FROM 7:00 O'CLOCK A. M. TO 7:00 O'CLOCK P.M. ALL VOTERS DESIRING TO SUPPORT THE PROPOSITION AUTHORIZING AND APPROVING THE PASSAGE OF SAID EXTENSION ORDINANCE SHALL HAVE WRITTEN OR PRINTED ON THEIR BALLOT THE FOLLOWING WORDS: "FOR THE GRANTING OF AN EXTENSION OF THE PRESENT FRANCHISE OF HOUSTON NATURAL GAS CORPORATION FOR A TERM OF THIRTY YEARS." AND ALL THOSE OPPOSED TO THE PROPOSITION OF AUTHORIZING THE PASSAGE OF SAID EXTENSION ORDINANCE SHALL HAVE WRITTEN OR PRINTED ON THEIR BALLOT THE FOLLOWING WORDS: "AGAINST THE GRANTING OF AN EXTENSION OF THE PRESENT FRANCHISE OF HOUSTON NATURAL GAS CORPORATION FOR A TERM OF THIRTY YEARS." SECTION 6. A SUBSTANTIAL COPY OF THIS ORDINANCE, SIGNED BY THE MAYOR OF THE CITY OF CORPUS CHRISTI AND ATTESTED BY THE CITY SECRETARY, SHALL CONSTITUTE THE NOTICE OF ORDERING OF SAID ELECTION, AND THE MAYOR IS DIRECTED TO CAUSE A COPY OF THIS ORDINANCE, SIGNED BY HIM, TO BE POSTED AT THE CITY HALL AND AT EACH OF THE VOTING PLACES IN EACH ELECTION PRECINCT NOT LESS THAN FIFTEEN (15) DAYS PRIOR TO SAID ELECTION, AND TO HAVE A COPY OF THIS ORDINANCE, SIGNED BY HIM PUBLISHED IN THE CORPUS CHRISTI TIMES THE OFFICIAL NEWSPAPER OF THE CITY OF CORPUS CHRISTIX BEING A NEWSPAPER OF GENERAL CIRCULATION PUB- LISHED WITHIN THE CITY OF CORPUS CHRISTI, TEXAS SAID PUBLICATION TO BE MADE ONE TIME AT LEAST TEN (10) DAYS PRIOR TO THE DATE OF THE ELECTION. SECTION 7. VOTING MACHINES MAY BE EMPLOYED AT THE ELECTION HEREIN ORDERED IN ACCORDANCE WITH THE PROVISIONS OF V.A.T.S. ELECTION CODE, ARTICLE ^ 7.144, AND SAID ELECTION SHALL BE HELD AND RETURNS OF SAID ELECTION MADE PROMPTLY BY THE RESPECTIVE OFFICERS HOLDING SAME TO THE CITY SECRETARY, AND SAID RETURNS SHALL BE CANVASSED AND THE RESULTS DECLARED BY THE CITY COUNCIL. SECTION 8. THAT THE PUBLIC IMPORTANCE OF THE QUESTION INVOLVED AND THE REQUIREMENT OF THE CITY CHARTER REQUIRING THE SUBMISSION OF SUCH QUESTION AND THE NECESSITY FOR DETERMINING THE FUTURE STATUS OF GAS SERVICE TO THE PEOPLE OF THE CITY OF CORPUS CHRISTI CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDER OR RESOLUTION SHALL BE PASSED FINALLY ON THE DAY OF ITS INTRODUCTION AND THAT SUCH ORDER OR RESOLUTION SHALL BE READ AT-THREE (3) SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR AND THE CITY COUNCIL HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY EXIST AND HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED, THIS ORDINANCE SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED. PASSED AND APPROVED THIS 17TH DAY OF JUNE, 1959• C o ..- MAYOR THE CITY 0 C PUS CHRI I, TEXAS ATTEST: "/a-. -CITY SE RETeY APPROVED AS TO LEGAL FORM THIS 16TH DAY OF JUNE, 1959: CITY ATTORNEY -7- A CORPUS CHRIST I TEXAS 1 DAY OF 1959 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS r _ FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCES A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLU- TION 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 REQUIRE- MENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING,OF THE CITY COUNCIL. t a A RESPECTFULLY, MAYOR - T�CITY 0 C RPUS C ISTI�TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: ELLROY KING ' JAMES L. BARNARD rt- MRS. RAY AIRHEART= • JOSEPH B. DUNN G// P � • PATRICK J. DUNNE R. A. HUMBLE _ GABE LOZANO, SR. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: ELLROY KING f , or JAMES L. BARNARD MRS. RAY AIRHEART /\ JOSEPH B. DUNN F ) PATRICK J. DUNNE i R. A. HUMBLE y GABE LOZANO, SR. s r J - � i yr June 17, 1959 To the Honorable Mayor and City Council City of Corpus Christi, Texas Gentlemen: Supplementing our letter to you of June 8, 1959, we further agree as follows: "That neither the City nor the Houston Natural Gas Corporation waives any rights by delaying for a period not exceeding sixty (60) days ut beyond July 11, 1959, byholding of an election on bonds for purchasing the Company property as provided in Ordinance #4018, if the Council decides, in its discreition to call such an election on bonds and purchase within such time. urs truly Vice - president Houston Natural Gas Corporation IT41-1 UIII� V JUii1S��J RECS c[et n C +�Y 1 A � le 4 HOUSTON NATURAL GAS CORPORATION CORPUS CHRISTI, TEXAS JOS F WOLFF To The Honorable Mayor and City Council of the City of Corpus Christi, Texas June 8, 1959 Justis�y RSCFIVED city Secretary Confirming our oral understanding of June 1, 1959, we have agreed as follows: 1) We have agreed to pay the cost and expense of the election which you are to call for July 11, 1959, at which the single question of granting a 30 -year extension to our present franchise, without the option provisions, is to be submitted. 2) July 11, 1959 is an acceptable date to us and we waive any technicalities or legal impediments to the holding of the election on such date. 3) We understand that if the citizens of our city do not approve the grant of this extension, you desire to call a bond election within 90 days thereafter, at which the question of the issuance of bonds for the purpose of acquiring our system can be submitted. We waive any rights which we may have under our franchise to object to the calling of such election. Should this bond election be held and the issuance of the bonds be approved by the voters, we have agreed that all of the rights which the City now has to acquire our system under our existing franchise shall continue in full force and effect for such reasonable period of time thereafter, not to exceed one year, as is needed by the City to complete the acquisition. Respectfully submitted, HOU 7G/AS CORPORATION By sident HOUSTON NATURAL GAS CORPORATION CORPUS CHRISTI, TEXAS JOS F. WOLFF June 8, 1959 To The HCn=ble Mayor and City Council of the City of Corpus Christi, Texas Confirming our oral understanding of June 1, 1959, we have agreed as follows; 1) We have agreed to pay the cost and expense of the election which you are to can for July 11, 19590 at which the single question of granting a 30 -year extension to our present franchise, without the option provisions, is to be submitted. 2) July 11, 1959 is an acceptable date to us and we waive any technicalities or legal impediments to the holding of the election on such date. 3) We understand that if the citizens of our city do not approve the grant of this extension, you desire to call a bond election within 90 days thereafter, at which the question Of the issuance of bonds for the purpose of acquiring our system can be submitted. We waive any rights which we may have under our franchise to object to the calling of such election. Should this bond election be held and the issuance of the bonds be approved by the voters, we have agreed that all of the rights which the City now has to acquire our system under our existing franchise shall continue in full force and effect for such reasonable period of time thereafter, not to exceed one year, as is needed by the City to complete the acquisition. Respectfully submitted, H7 NATURAL GU CoRpCYt ,,W OKI � Vice - President