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HomeMy WebLinkAbout05467 ORD - 08/19/1959AN 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 PUBLt'C PLACES OF THE CITY OF CORPUS CHRISTI SUBJECT TO AND IN ACCORDANCE WITH ALL OF THE EXISTING 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 "A° 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 ORDINANCES 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 (6O) DAYS AFTER THE DATE OF ITS FINAL ADOPTION BY THE CITY COUNCIL FOLLOWING PUBLICATION AS PROVIDED BY THE CITY CHARTER. -2- 5467 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 CHRISTIp 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. I THE EXPENSE OF EACH SUCH PUBLICATION SHALL BE BORNE BY HOUSTON NATURAL GAS CORPORATION. THE FOREGOING ORDINAnE WAS READ AND PASSED TO THE SECOND READING ON THE DAY OF 1959• ELLROY KING Ct,yi JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN C6 f i PATRICK J. DUNNE R. A. HUMBLE I GABE LOZANO, SR. THE FOREGOING ORDINANCE WAS READ THE SECOND TIME AND PASSED TO THE THIRD READING ON THE 2 a- DAY OF 1959, BY THE FOLLOWING VOTEi ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNQ R. A. HUMBLE GABE LOZANO, SR. _3_ THE FOREGOING ORDINANCE WAS READ THE THIRD TIME AND PASSED AND ORDERED APPROVED BY THE MAYOR ON THE DAY OF 1953;'ItY ,THE FOLLOWING VOTE; ELLROY KING /(\ JAMES L. BARNARD �+ / MRS. RAY AIRHEART JOSEPH B. DUNN J�/\ PATRICK J. DUNNE �1 1 R. A. HUMBLE GABE LOZANO, SR. APPROVED THIS DAY OF 6& 1959• YOR I THE CITY OF S CHRI i' TEXAS ATT` \ 4-- CITY $ECRETA �I APPROVED AS TO LEGAL FORM THIS 16TH DAY OF JUNE,1959: CITY ATTORNEY �I}� ORDINANCE N0. 4018 GRANTING A FRANCHISE TO HOUSTON NATURAL GAS CORPORATION AN CRDnmcE OF THE CITY COUNCIZ OF THE CITY OF CORPUS CHRISTI GRANTING TO HOUSTON NATURAL GAS CORPORATION THE RIGHT, PRIVI- LEGE AND FRANCHISE TO CCNSTRUCT AND OPERATE GAS PIPES AND MAINS ALONG THE STREETS, AVENUES, ALLEYS AND PUBLIC PLACES OF THE CITY OF CORPUS CHRISTI AS FOLLY DESCRIBED IN SUCH ORDINANCE FOR DISTRIBUTION AND SAVE OF NATURAL GAS - PROVIDING THAT WORK BE DONE UNDER SUPERVISION OF THE CITY'S DIRECTOR OF PUBLIC WORKS - ESTABLISHING DESIGN CRITERIA AIM STANDARDS - PROVIDING FOR EX- TENSIONS TO NEW CUSTOMERS - RESERVING TO CITY THE RIGHT OF REGULATION - PROVIDING FOR GAS OF GOOD QUALITY - PROHIBITING IIVTFk?FERENCE WTTH DRAINAGE - PROVIDING THAT SAID FRANCHISE IS NOT EXCLUSIVE - RESERVING TO CITY THE RIGHT TO INSPECT METERS - PROHIBITING MIRFERENCE WITH SEWERS AND OTHER PIPES AND DRAINS • RESMING RIGHT TO CITY TO REPAIR STREETS AT CORPORATION'S COST IN EVENT OF UNREASONAM DELAY - REQUIRING REMOVAL OF RUBBISH AND MATERIAL - SUBJECTING WORK OF R OULING AND REPAIRING EXCAVATIONS AND STREETS TO SUPERVISION OF THE CITY'S DIRECTOR OF PUBLIC WORKS - I M[TING INTERFERENCE WM USE OF STREETS FOR TRAVEL . RESERVING TO CITY FULL REGUTATORY POWERS - PROVIDING FOR BOND - RESERVING TO CITY RIGHT TO DECIDE CONFLICTING RIGHTS UNDER THIS FRANCHISE AND OTHER FRANCHISES - REQUIRING RELOCATION OF PIPES To ACCOMIKODATE PUBLIC WORKS - RESERVATION OF LMU BY CPPY TO SECURE MONIES DUE CITY UNDER FRANCHISE AND FOR TAXES - FBOVIDING FRAN- CHISE SHALL NOT IMPAIR RIGHT OF CITY TO PRESCRIBE CHARGES - PRE,SCHIBING CONSIDERATION FCR FRANCHISE - PROVIDING FCR PAYMENT BY SAID CORPORATION TO CITY OF TWO PER CENT (2%) OF GROSS RECEIPTS FROM SALE OF GAS IN TERRITORY COVERED BY AND MCUMED M THIS FRANCHISE - REgjnu3G ANNUAL STATMMT TO CITY - REqum=G PROPER MAINTENANCE OF PiPEAGE SYSTEM - PRESCR]Bnm TERM OF FRANCHISE AND OPTION OF CITY TO PURCHASE Dzrnm PHYSICAL PROPERTIES OF THE CORPORATION AND PRESCRIBING BASIS FOR VALUATION AND PROCEDURES TO BE FOLLGM - PRESCRIBING TERMS OF FORFEITURE - PROVIDING FOR AN APPEAL - RESERVING RIGHT TO CITY TO REGULATE CORPORATION - SMJECTING BOOKS AND RECORDS OF CORPORATION TO EXAMZ1WION AND INSPECTION - MAKING FRANCHISE BINDING ON CORPORATION'S SUCCESSORS OR ASSIGNS - FIXING GENERALLY THE RIGHTS OF TEE PARTIES UNDER SUCH FRANCHISE AND FIXING PENALTIES - AND PROVIDING FOR PUBLICA- TICN. F- V t4 14 iT BE IT ORDAINED BY THE C3TY COUNCIL OF THE CITY OP COWS CHAI9d`I: SMICK 1. There is hereby granted to Houston Natural Gas Corporation, a Texac corporation with its domicile and principal place of business at Houston, in Harris County, Texas, hereinafter referred to as Grantee, its successors and assigns, subject to the terms and conditions hereon, the right, privilege and franchise to construct, extend, operate and maintain, from time to time and con- tinuously during the term hereof, a pleat and pipeage system, including all lines, connections and other equipment necessary and incident thereto, for the distrio buticn and sale of natural gas to the people residing in and the industrial, commercial, educational and other institutions looted in the portion or portions Of the City or Corpus Christi as designated and described in SMTXOK 3 hereon at such rates as the City Council of'the City of Corpus Christi shall make, from time to time, and for the transportation and sale by Grantee or natural gas in, into and through the portion or portions or the City of Carpus Christi designated and des- cribed in SECPIM 3 hereof, upon, beneath, over and across the streets, avenues, thoroughfares, bridges, streams, alleys, parks, lanes and squares on said City or Corpus Christi located in the territory designated and described in SMION 3 hereof, upon the conditions and stipulations set forth in this ordinance. SECTION 2. Throughout this ordinance the Houston Natural Gas Corporation is referred to as "Grantee ", 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 shell be so understood. 8E rcU 3. The territory covered by this franchise, whether within the boundaries of the corporate limps of the City of Corpus Christi at the present time or not, and to which this franchise is, or shall become applicable as portions thereof are annexed to the City of Carpus Christi, is described as follows, to -wit: AREA 1 SOUTH ARFA Beginning at the intersection of the south boundary line of boddridge 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 Tamar Park Subdivision; Thence in a southeasterly direction with the northeast boundary line or Alameda Drive to the intersection of the west boundary line of Airline Road; -2- Thence in a southerly direction along end with the west boundary line of Airline Road to a point of intersection with a line parmllel to and 132 Peet northwest of the northwest boundary line of Section V14, Flour Bluff and FACinal Farm end Garden Tracts, same line being parallel to and 132 feet northwest of the northwest boundary line of Koolside Addition; Thence in a southwesterly direction along and with a line parallel to and 132 feet northwest of the northwest boundary line of Section #14, Flour Bluff and Encinal Fates and Garden Tracts to a point of intersection with the center line of McArdle Road; Thence in a southeasterly direction along and with the center line of McArdle Road to the most northerly corner of Section #13, Flour Bluff end Encinal Farm end Garden Tracts; Thence in a southwesterly direction along and with the northwest boundary line of Section #13, Flour Bluff and Encinal Farm and Garden Tracts and the center line of South Staples Street (Dump Road) to a point of inter- section with the southwest boundary line of Holly Road; Thence in a southeasterly direction along and with the southwest boundary Una of said Holly Road to a point 180 feet southeast of the center line of South Staples Street (Dump Road); Thence in a northeasterly direction along a line 180 feet southeast of and PMV1 el to the center line of said South Staples Street (Dump Read) to a Point 180 feet southwest of the center line of a county road sometimes known as Thompson Road or Williams Drive, same being a point 180 feet S.E. Of the center of South Staples Street (Dump Road) and 180 feet southwest of the northeast line Of Lot 17, Block 13 of the P1cur Biufr and Encim Perm and Garden Tracts; Thence in a southeasterly direction along a line 180 Peet southwest of and Xarallal to the northeast boundary line of Lots 17 to 24 inclusive, Section 3, Flour Bluff and Encinal Farm and Garden Tracts and the center line of Thompson Road or Will -Two Drive to a point 66o feet southeast of the center of Raid Field Road ametimea celled Langley Blvd. as now existing, same being a point on the southeast line of Lot 17, Block 28, and 180 feet southwest of the northeast line of Lot 17, Block 28 of the now 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 428, and Lots W6 and #1 of Block #29, Flour 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 Ermis Joslin 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, Flow Bluff and Encinal Farm and Garden Tracts, to the vest bang of Owe Del Oso; Thence in a northeasterly direction following the meanders of the west bank of Coo Del Oso, same being the Vresent city limits line to its intersection with Corpus Christi Bay; Thence in a northwesterly direction with the Shoreline of Corpus Christi Bay to the south boundary line of Doddridge Street, projected, being the place of beginning. -3- The South Area oar Area 1, above described, shall. also include all contiguous territory, when such territory Is hereafter annexed by the City or Corpus Christi, but shall be limited to the territory lying and situated south, and southeasterly or South Staples Street (Damp Road) and of any Wojection or extension of such street or road. AREA 2 SOMMMST AREA Beginning at the intersection of the center line of Gollihar Road and on the southeast boundary line of Carroll Lane; Thence in a northeasterly direction with the southeast boundary line of Carroll Lane to a point 185 Peet northeast of the northeast boundary line of Houston Street; Thence in a northwesterly direction with a line that is 185 feet northeast of end parallel to the northeast boundary line Of Houston Street to its inter- section with the southwest boundary line of Westgard Lena and following the southwest boundary line of Westgard Lane and its northwesterly extensions thereof /a point in the southeast boundary line or Sam Houston Addition; 0 Thence in a southwesterly direction with the southeast boundary line of Sam Houston Addition, to the northeast boundary line of Horse Road; Thence in a northwesterly direction along and with the northeast boundary line of Horne Road and the southwest boundary line of Cliff Maus Municipal. Airport to the point of intersection with the northwest line or Old Brownsvilla Road; Thence in a northeasterly direction along and with the northwesterly boundary I ine of Old Brownsville Road to a point of intersection with centerline Of County Road #34 sometimes known as Hennipen Street or Kosar Road, near the southeast corner of Block #15 of the Russell Farm Tracts, Thence in a westerly direction along and with the center line of said County Road #34 sometimes known as Hennipen Street or Koser Road to a point of inter- section with a line parallel to and cue - 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 end one- quarter (1/4) mile northwest of the center line or Old Brownsville Road to a point one - quarter (1/4) mile southwesterly from the center line or 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, some line being the northeast boundary line of Lots #6 and ft Section J4, and the northeast line of Lot #6, Section #3 of the Bohemian Colony lands; Thence in a southwesterly direction with the northwest boundary line or said Southland Estates Subdivision to the most westerly corner 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 Center line of Kostasyz 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 Lands, said point being 180 feet southeast of the center line of Kostcryz Road; Thence southeast along the northeast lines of Lots #5 and #3, Section J2, Bohemian Colony Lands to a point one (1) foot northwest of the southeast boundary line of Weber Road; -4- Thence northeast with a line parallel to and one (1) foot northwest of the southeast boundary line of Weber Road to a point 99.75 feet southwest of the enter line of Gollihar Road; Thence southeast with a line parallel to and 99.75 feet southwest of the center line of Gollihar Road a distance of 141 feet to a point, same bang the most southerly corner of Houston Natural Gas Corgoraticn's meter and regulator station site out of Lot #12, Section "A ", Paisleys Subdivision of the Hoffman Tract; Thence northeast with a line parallel to and 180 feet southeast of the center line of Weber Road to a point in the center line of Gollihar Road; Thence northwest with the center line of Gollihar Road to the southeast boundary line of Carroll Lane, the place of beginning. The Southwest Area or Area 2, above described, shell also include all contiguous territory lying and situated southwesterly of such area, when such terri- tort' is hereafter annexed to the City of Carpus Christi, but shall be limited to territory thereof lying and situated between an extension or projection of the most northwesterly line of such area, described above, and of any extension or projection of Weber Road. AREA 3 WEM AREA Beginning at the intersection of the west boundary of Poth bane and the north boundary line of upRiver (Shell) Road; Thence in a northwesterly and westerly direction along the north boundary line of tip River (Shell) Road to its intersection with the northeasterly extension of the boundary line between the Meant' 55 -acre tract and the Dunn 100 -acre tract, said boundary line being the east line of said Duan tract described in a deed recorded in Volume K, On Page 90, of the Deed Records of Nueces County, Texas; Thence southwesterly with the aforesaid extension Of the common boundary line between the Meany and Dunn tracts and cOntinuing on along said cemmon 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 boundary line of Ebony Acres Addition No. 3, as recorded in Volume 11, Page 35 Of the map or plat records of Nueeea County, Texas; Thence in a southerly direction with the northerly extension of the west boun- dery 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 Jamee 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 in a deed recorded in Volume 600, page 326, Deed Records of Nueees County, Texas; Thence in a southwesterly direction along the said extension of the said northwest boundary of the sold 6.689 -acre tract and contam� along the said -5- northwest boundary of said tract to the most westerly corner of the said tract; Thence in a southeasterly direction along the southwest boundary line of the said 6.689 -acre tract and its southeasterly extension to the point of 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 the center line of said Lexington Boulevard right of way to a point in the center line of State Highway No. 44 as now existing; Thence in an easterly direction along the center line of State Highway No. 44 as now existing to a point of intersection with the west boundary line of Old Robstawn Road; Thence in a northerly direction with the west boundary line of Old Robstown Road to the most southerly corner of Glen Royal. Addition; Thence in a northwesterly direction along the southwest boundary line of Glen Royal Addition and the southwest boundary pine of Villa Gardens Addition to the most westerly corner of said Villa Gardens Addition; Thence in a northeasterly direction along the northwest boundary line of Vine Gardens Addition (acme 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 purpoace, 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 shell 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. Grantee, subject to the performance by it of all obligations herein assumed by it, shall have the right, subject to the Charter and ordinancea M of The City, and the terms and conditions hereinafter set forth, to extend, replace and repair its pipeage system now in use and hereafter constructed coextensive with the limits of the territory described in SECTION 3 hereof, but shall restore the streets upon which the pipes are extended, replaced, repaired or constructed, put- ting them in as good condition as before. Grantee shell be required, before doing any work in the streets, to first notify the Director of Public Works of its in- tention to do so, all such work shell be done under approved specifications and supervision 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 mein - taro its mains and pipes in, upon, across 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, eonstruot, 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, a squares, parks, lanes, alleys and bridges shall be done in such 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, its 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. SECTIO 6. Grantee shall extend its pipes within the territory des- cribed in SECTION 3 hereof and shall furnish services, from time to time, as -7- City Council may demand, upon a showing that one new customer for gas for every me hundred (100') feet of new extension has made an application 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 under the laws, present and future, of the State of Texas, nor any of its rights under present or future 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 some may be hereafter emended, are hereby made a part hereof as restrictions and limitations on the grant hereby made and as reserving rights, privileges or options in the City to the same effect as if written herein. SECTION B. Grantee shall furnish gas with a minimum 900 B.T.U. per standard cubic foot heating value with not more than 20 grains of total sulphur or more than one (1) grain of hydrogen sulphide per 100 standard cubic foot, as ascertained and determined, from time to time, by the City 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 satisfaction 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 similar uses, subsequent grants, and further reserves the right to extend its own lines and distribute gas in the territory covered by this franchise. SECTION 3-1. 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 seer, water or heating pipes or public or private drains In any street, highway, alley, public easement, or other city W property, nor shall the same be disturbed or molested in any manner except with the consent and under the direction of the Director of Public Works. 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 and /or extensions have been made, The City shall have the right to restore or repair same and to require Grantee to pay the reasonable cost thereof. SECTION 14. All dirt, rubbish, and material left after the streets, highways, alleys or other public property have been restored 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, theft, 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 failure so to do The City shall have the right to make such restorations, for the reasonable cost of which Grantee shall be liable to The City. SECTION 15. In the construction, maintenance and repair of its lines, Grantee, without express consent of the Director of Public Works, sha11 not per- mit the existence of any unfilled excavation or ditch in excess of a total distance of five hundred (5001) 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, and shall determine the location of 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 constructing its severe, streets, or other Public works, should require any pipe or pipes of Grantee to be shifted or relo- cated, such pipe or pipes shall be prcnj;tly shifted or relocated by Grantee, at its own expense as and when required by The 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 rgW&Ie to The City upon this franchise, and /or any other property of Grantee, situated within the corporate limits, The City shall have a valid and enforceable lien upon all of Grantee's property 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 coeds 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. MUTION 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 ahell furnish, on or before sixty (6o) 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 subject, at all time, -10- TO INSPECTION BY THE CITY COUNCIL AND OTHER AUTHORIZED CITY OFFICIALS. SECTION 24. DELETED. SECTION 25. IN ADDITION TO THE RIGHTSO PRIVILEGESp AND FRANCHISE GRANTED TO GRANTEE, AS HEREINABOVE SET FORTH GRANTEE 15 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 ASSIGNSS 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. SECTION 27. GRANTEE HAS HERETOFORE FILED WITH THE CITY ITS BOND AND OBLIGATIONS IN THE SUM OF $135,000.00, CONDITIONED THAT NO EXCAVATIONS SHALL BE MADE UNNECESSARILY, AND THAT ANY AND ALL EXCAVATIONS MADE OR OBSTRUCTIONS PLACED t 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 MANNERS AND SUCH BOND AND OBLIGATIONS 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 FRANCHISES 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 ACTIONp THE FORFEITURE SHALL BE SUSPENDED DURING THE PENDENCY OF SUCH ACTIONS SUBJECT HOWEVER TO PROPER ORDERS DF 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 CON- SUMERS 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, (a) THE LENGTH OF PIPE TO BE USED IN CALCULATIONS SHALL BE THE LENGTH BETWEEN POINT OF SUPPLY AND END POINT IN THE SYSTEMS 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 RECONSTRUCTING SUCH GAS MAINS AND METHODS FOR PROTECTING THE SAME SHALL BE AS FOLLOWS: (A) SEAMLESS OR WELDED SLACK STEEL PIPE SHALL BE USED AND SHALL HAVE PROPERTIES AS PRESCRIBED BY THE CURRENT AMERICAN STANDARDS ASSOCIATION SPECIFICATION 836.1, WITH SCHEDULE CFO THEREOF TO APPLY UP TO 6 -5/8" O.D. PIPE SIZES. (B) THE COATING AND WRAPPING OF P[PE 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 -1?- `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 FORTM 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, HOWEVER, 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 CON- TINUE 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 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 OU$TOMER SERVICE 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 DOMAIN ALL OR ANY PART OF THE PROPERTY OR PROPERTIES OF GRANTEE AT ANY TIME. SECTION 31. DELETED. -13- SECTION 32. THE GRANTEE HEREIN SHALL HAVE THE RIGHT TO APPEAL TO THE CITY COUNCIL ANY ACT OR OMISSION, DECISION OR ORDER OF ANY REPRESENTA- TIVE OF THE CITY WHICH MAY AFFECT ITS RIGHTS, DUTIES OR OBLIGATIONS HERE- UNDER. 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 15 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 THE FOREGOING ORDINANCE WAS READ THE SECOND TIME AND PASSED TO THE THIRD READING ON THE 22 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 THE FOREGOING ORDINANCE WAS READ THE THIRD TIME AND PASSED AND ORDERED APPROVED BY THE MAYORS ON THE 29 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 29 DAY OF DECEMBERS 1954. ATTEST: S/ T. RAY KRING CITY SECRETARY APPROVED AS TO LEGAL FORM: S/ I. M. SINGER CITY ATTORNEY -15- _S/ P. C. CALLAWAY MAYOR CITY OF CORPUS CHRISTI, TEXAS KNOW ALL MEN BY THESE PRESENTS: That the GLOBE INDEMNITY COMPANY, a cor- poration of the State of New York, pursuant to the following By -Law, which was adopted by the Directors of the said Company on September 20, 1950, to wit: Article V, Section I, Provides "The President, any Vice - President, or may other Officer designated by the Board of Directors slut have power and authority to appoint Resident Vice - Presidents, Resident Secretaries, Resident Assistant Secretaries, and Attorneys in fact, and to give such appointees full power and authority to sign, and to seal with the Companes seal, where required, all policies, bands. ret�ooggan stipula * and all underwriting undertakings, and he may at any time in his Judgment remove any such appointer and revoketamy asuthorty given to them." hath made, constituted and appointed and by these presents does make, constitute and appoinr N° TUCKER BLAINE or JOHN Ba WILLIAMS or JOE K. BURCH ° m m m m m m° 0 m- m m its true and lawful ATToatrax(s)- rxt -FAcr. at HOUSTON in the State of -. T KAS to make, execute and deliver on its behalf as Surety, bonds and undertakings, the penal sum of no one of which is in any event to exceed FINE HUNDRED THOUSAND — ® m m m m m m _ ( 00 000 ) Dollars and to be given for the following- purposes only, to wit:— GUARANTEEING THE FIDELITY OF PERSONS HOLDING PLACES OF PUBLIC OR PRIVATE TRUST. GUARANTEEING THE PERFORM- ANCE OF CONTRACTS OTHER THAN INSURANCE POLICIES: GUARANTEEING THE PERFORMANCE OF INSURANCE CON- TRACTS WHERE SURETY BONDS ARE ACCEPTED BY STATES AND MUNICIPALITIES IN LIEU OF ACTUAL DEPOSITS; AND EXECUT- ING OR GUARANTEEING BONDS AND UNDERTAKINGS REQUIRED OR PERMITTED IN ALL ACTIONS OR PROCEEDINGS OR BY LAW REQUIRED. Such bonds and undertakings for said purposes, when duly executed by one of the aforesaid Attomey(s)- in -Fact shall be binding upon the said Company as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal. IN WITNESS WHEREOF, the GLOBE INDEMNITY COMPANY has caused these presents to be signed by its Vice- President, and its corporate seal to be hereunto affixed duly attested by its Assistant Secretary. thin 26th day of June 19--M at the City of New York, New York. GLOBE INDEMNITY COMPANY Attest: ELEANOR CHRISTIANSEN By J. F. O'LOUGHLIN Assistant Secretary Vier- President STATE of Now Yoax CoI OF NEW YORK (a&" On this ?6i-.h day of M1 N 19_5 before me personally appeared ,I F. O u LOUGHLIN , Vice- President of the GLOBE INDEMNITY COMPANY, with whom I am personally acquainted, who, being by me duly sworn, said: that he resides in the State of New York; that he is Vice- President of the GLOBE INDEMNITY COMPANY, the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of the said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto as Vice - President of said Company by like authority. (sue) Robert F. Kircfaert, Notary Public, State of _Mw Cork, No. 21+72773759 Qualified in Kings County, Cart° filed with Kings County Register's Office, Bronx, Nassau, New York Queens, Richmond, Suffolk, and Westchester a STATE or Nsw Yogis Conan op Now Yoas:ss'' I ELEANOR CHRISTIANSEN Assistant Secretary of the GLOBE INDEMNITY COMPANY, a corporation of the State of New York, do hereby certify that the above and foregomg is a full, true and correct copy of Power of Attorney issued by said Globe Indemnity Company, and that I hay.: compared same with the original and that it is a correct transcript therefrom and of the whole of the original. Said Power of Attorney is still in full fora and effect and has not been revoked Ix WrrNEss WaeeEn, I have hereunto set my hand and affixed the seal of said Company, at the City of New York, this_ day of _, 1907 022071A M Srrrrto, - ~ City of Corpus Christi Corpus Christi, Texas BOND NO. B 277414 GLOBE INDEMNITY COMPANY Reference is made to Franchise Bond as above numbered in which Houston Natural Gas Corporation is Principal and the Globe Indemnity Company is Surety, in the sum of $25,000, dated March 1, 1949, in favor of the City of Corpus Christi, Texas. Bond is continuous in form and is now in full force and effect and will continue to cover on the obligations assumed by Houston Natural Gas Corporation or imposed upon Houston Natural Gas Corporation in the franchise granted by Ordinance No. 4018, as extended by Ordinance No. 5467. SIGNED AND SEALED, this 25r!4 day of August, 1959. HOUSTON NATURAL GAS CORPORATION By Vice President GLOBE INDEMNITY COMPANY Attorney in —ac KNOW ALL MEN BY 'THESE PRESENTS. That the GLOBE INDEMNITY COMPANY, a oor- pamdon of the State of New York, pursuant to the following By -Law, which was adopted by the Dir'eeten of the add Company on September 20, 1950, to wit: Article V, Section I, Provides "The Presidnn, our \'ice- President, or my other Ofiacer designated by the Board of Directors, shag lase poet and authority to appoint Resident Vice- Preaidentt, Resident Secretaries, Resident Assistant Socretarim and Atlaeoe®s in I=% and b give such appointees full power and authority to sign, and to seal with the Company's seal, where required, all booms, reoasdbeoer a �s an � erwriting makings, and he may at any time to his judgment remoee am such ap ee sing to I my bath made, cotatimted and appointed and by than presents does Intake, comtitute and appoint V. TVCMM BIAUM or JOHN B. WILLIMS or JOE X. BURCH - its true and lawful Armamr( ®)•m -FACT, at =91I , in the State of -ro to [salts, essence stud dam on its behalf as Surety, bonds and undertakings, the peed stmt of no auk of which Is In any eveag 0 sntcsa I FIVE HUNDRED THOUSAM _ _ _ - _ --- - _ - (*1000) and as be glum for the ftdkoaleg- purposes only, to wit: GUARANTEEING THE PIDELITY OF PERSONS HOLDING PLACES OF PUBLIC OR PRIVATE TRUST. GUARANTEEING THE PERFORM- ANCE OF CONTRACTS OTHER THAN INSURANCE POUCIES: GUARANTEEING THE PERFORMANCE OF INSURANCE CON- TRACTS WHERE SURETY BONDS ARE ACCEPTED BY STATES AND KUNICIPALITIES IN LIEU OF ACTUAL DEPOSITS • AND RXEC TS- ING OR GUARANTEEING BONDS AND UNDERTAK WdS REQUIRED OR PERMITTED IN ALL ACTIONS OR PROCEEDINGS OR 0 LAW REQUIRED. Such boads and tmdertakinp for said purpom, when duly executed by we of the aforesaid (a)- hs -Fate shall be bindingupo0 the saW Company as fully goad to the same extent w if sorb bonds and wet` deed by the President and Secretary of the Camp wy and sealed with IN corporate stal. IN WITNESS WHEREOF, the GLOBE INDEMNITY COMPANY has caused these preseste to be 211001 by its Vioe- Prnident, and Its corporate seat to be hetemm affixed duly attested by its Aptataat Smetsry, sal. 26th of June 2 r —19 52, at the City of New York, New Yatft. GLOBE INDEMNITY COMPANY Attest: ELEANOR CHRISTIANSEN By J. F� 0 °LOUGHLIN dseisaatr Steretry vrar -Abed eat STATS OF Nsw YORK Coven un Naw Yonz Ist: On thu 26th ,nay of .7us,r , 19 -2, before me pelonsay opposew J- le- O°L•OIIGHLIN , Vice-president of the GLOBE INDEMNITY COMPANY, with wham I am Personally aaq , who, being by me duly s worn, said: that he resides is Bah State of Nw York. dat he ls rte t of the GIA E INDEMNITY COMPANY, the corporation danibed in And which eaeated the foregoing itubte tent; that he knows the ewporate sal of the said Campmy; that the seal mQi:ed eta saW itrsertrmest is such ompen seal; that it was so affixed by order of the Board of Dlroetnas o1 add Compesy; and that he signed his name thereto as Vice - President of aid Company by like atsharltr. (ft-) Robert F. Kirchert, Notary Public, State of libw Bork, No. 24- 7277375, Qualified in Kings County, Certe tiled with Kings County Register's Office, Brook, Nassau, New _York queens Suffolk and Westchester 11-mah 2A toga, cu— STATS or New Yom Costars or New Yeast u" L _ ELEJOR CHRISTIANSEN Assistant Secretary of the GLOBE INDEMNITY COMPANY, a corporation of the State of New York, do hereby certify that the above mod focAgoiat is a fell, tans and correct copy of Power df Attorney Homed by add Globe Indemnity Cmupany, and that I Itay. oompas+Ad scene wltlt the and that it is a tarred transuipt therefrom and of the witok of the original. Said Posey of Aemrmy Is still in tug force and effect and has not been revoked. IN Wtrstap Waat d lave hereunto set my hand and affixed the gal of aid Company, at the City W Now York, this /� a -y of mf vs )t lop �- msmu THE STATE OF TEXAS Q COUNTY OF NUECES {� KNOW ALL MEN BY THESE PRESENTS: That Houston Natural Gas Corporation, a Texas corporation with offices in the City of Corpus'Christi, Nueces County, Texas, does hereby accept all of the terms and provisions of that certain Ordinance No. 5467, finally passed and approved by the City Council of the City of Corpus Christi on August 19, 1959, granting an ex- tension of the present franchise of Houston Natural Gas Corpora- tion for a term of thirty (30) years from and after the effective date of such ordinance following such final passage thereof, all of which fully appears of record in the official records of the City of Corpus Christi, Texas, to which records reference is here made. IN WITNESS WHEREOF Houston Natural Gas Corporation has caused this certificate of acceptance to be signed by its presi- dent and attested by its secretary this a SL* day of a,. 1959. ATTEST: secretary HOUSTON NATURAL AS CORPORATION President r ----F i Receipt of the foregoing Acceptance of Franchise Extension is hereby acknowledged this the day of , 1959. City Secretary APPROVED AS TO LEGAL FORM: City Attorney s HOUSTON NATURAL ©AS CORPORA4TION GENERAL OFFICES PETROLEUM BLOB. *P.0 BOX 1100 * CA 5 -1741 * HOUSTON 1. TEXAS /�� 2/j PLEASE ADDRESS REPLY TO fVJ P. D. BOX 7278 CORPUS 1H1IeT1, TEXAS $ectets�Y September 8, 1959 Mr. T. Ray Kring, City Secretary City Han Corpus Christi, Texas Dear Sir: The following instruments pertaining to the franchise extension granted to Houston Natural Gas Corporation under Ordinance No. 5467 are submitted for filing in the official records of the City of Corpus Christi, Texas: (1) Certificate of Insurance from Globe Indemnity Company, executed August 25, 1959, referring to Bond No. B 277414 and providing that the $25,000 Indemnity Bond now in the hands of the City of Corpus Christi is effective and in full force to cover the obligations assumed by Houston Natural Gas Corporation or imposed upon Houston Natural in the franchise granted by finance No. 4618, as extended by Ordinance No. 54673 (2) Certificate of Acceptance by Houston Natural Gas Corporation of franchise extension under Ordinance No. 5467, executed August 25, 1959• Please acknowledge receipt and filing of the above instruments by so indicating on the extra copy of these instruments and returning same to this office. Very truly Yours, HOUSTON NATURAL GAS CORPORATION By � %r��UU -✓d1/ /ice Edward B. Gall, EBG/mjm Assistant to Vice - President Enes. City of Corpus Christi Corpus Christi, Texas BOND NO. B 277414 GLOBE INDEMNITY COMPANY Reference is made to Franchise Bond as above numbered in which Houston Natural Gas Corporation is Principal and the Globe Indemnity Company is Surety, in the sum of $25,000, dated March 1, . 1949, in favor of the City of Corpus Christi, Texas. Bond is continuous in form and is now in full force and effect and will continue to cover on the obligations assumed by Houston Natural Gas Corporation or imposed upon Houston Natural Gas Corporation in the franchise granted by Ordinance No. 4018, as extended by Ordinance No, 5467. SIGNED AND SEALED, this 254-' day of August, 1959. HOUSTON NATURAL GAS CORPORATION By ice resicfenF'- GLOBE INDEMNITY COMPANY By (Dr-Attorney in ac