HomeMy WebLinkAbout05394 ORD - 06/17/1959�S r�•T�
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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
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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,
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P- jps�u- '�_ 5394
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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.
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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.
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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
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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;
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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.
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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;
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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
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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
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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,
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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
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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,
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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
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; 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
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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:
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(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
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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
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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;
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•
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