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HomeMy WebLinkAbout024042 ORD - 05/23/2000 AN ORDINANCE GOVERNING THE CONSTRUCTION, MAINTENANCE AND USE OF GAS PIPELINES WITHIN THE CITY OF CORPUS CHRISTI; AMENDING SECTION 55-3 OF THE CITY CODE OF ORDINANCES; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY WHEREAS, the City of Corpus Christi possesses regulatory authority regarding gas pipelines granted to it by the Home Rule Amendment to the Texas Constitution, by the Gas Utility Regulatory Act (Tex. Util. Code Ann. Sec. 103.001 et seq., including but not limited to Sees. 104.252 and 181.006), and by other statutes enacted by the Texas Legislature; and WHEREAS, the City of Corpus Christi possesses authority to control its streets, easements, and other public propelty, and to receive fair compensation for the use thereof; and WHEREAS, the City of Corpus Christi wishes to assure fair competition between any providers of natural gas to consumers within the corporate limits of the City, and to assure the fair and nondiscriminatory treatment of customers within the corporate limits of the City; and WHEREAS, the City of Corpus Christi wishes to clarify Section 55-3 of its Codc of Ordinances and amend said Section 55-3 in the interest of the public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 55-3 of the Code of Ordinances of the City of Corpus Christi is amended to hereafter read as follows: Sec, 55-3. Franchises required to construct or maintain gas lines or to provide gas for end-use consumption within the corporate limits of the city. W It shall be unlawful for any person to build, lay, construct or maintain any pipeline for conveying gas for any purpose or anywhere within the city, unless such person is now operating under a franchise or permit heretofore granted by the city or shall hereafter secure such franchise or permit from the city to build, lay, construct or maintain such line for conveymg gas. (b) No person shall use a pipeline or pipeline system. any part of which is located in any street or easement of the city. for its or another person's sale of natural gas to consumers, whether industrial commercial or residential. within the corporate limits of the city unless a franchise or permit is first obtained by the owner or operator of the pipeline or by the owner of gas proposed to be transported through the pipeline for end-use within the cOl:porate limits ofthe city. which franchise specifically authorizes such use. (c) Construction. maintenance or use of a pipeline or pipeline system in violation of this section shall constitute unauthorized use of public property. and the violator shall be liable OJRB0500.026 024042 2 to the city for the fair value of the public property used. interest. attorney fees. and injunctive relief. In addition. the violator shall be liable to the city for any other remedy which may be available under law. (d) A person adiudged I>uilty of a violation of this section in the municipal court of the city shall be punished by a fine of $500. Each day any violation shall continue shall constitute a separate offense. Provided. however. that if the offense is one for which a penalty is fixed by state law. the penalty for such offense shall be the same as that fixed by such state law. SECTION 2. Nothing herein shall require the City Council to prohibit service to electric generation facilities and the Coastal Javelina facility as such service has been permitted historically. SECTION 3, Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 4. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this_ 9rginance is passed and shall take effect upon first reading as an emergency measure this the 6(1'Vctay of --.:1J1\ ~ ,2000. ATTEST: ~ Armando Chapa City Secretary A~~~ Samuel L. eal, Jr. Mayor, The City of Corpus isti APPROVED THIS THE l:L DAY OF H ^-(_, 2000: James R. Bray, Jr., City Attorney ~Jt~ OJRB0500.026 3 ;Q~~hristi, Texas aay o~OOO TO THE MEMBERS OF THE CITY COUNClL Corpus Christi, Texas F or the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. , Jr. Mayor, The City of Corpus C Council Members The above ordinance was passed by the following vote: ~! O1J- ((r!-' af- ar- {}if Samuel L. Neal, Jr. Javier D. Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales Rex A. Kinnison Betty Jean Longoria John Longoria Mark Scott t4f- OJRB0500.026 024042 PUBLISHER'S AFFIDAVIT State of Texas County of Nueces } } ss: CITY OF CORPUS CHRISTI Ad # 3450363 PO # Before me, the undersigned, a Notary Public, this day personally came Eugenia Cortez, who being first duly sworn, according to law, says that she is Customer Service Manager of the Corpus Christi Caller-Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE NO. which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times and on the World Wide Web on the Caller-Times Interactive on the 29TH day(s) of MAY, Dxct. No. 0 l, t-{ 041- 2000. ... ,oe. TW~"~I=;~ Moo"", Mo,,, ,~~ . g t"~ C-ustOlner Service Manager IK>TICE! Of' PAl\SAG . OF ORDINANCE NO : 02404.2 Ordinance governing ," II r!;", , con s t rue t Ion ./,;,_; .J. \, maintenance and uSe 0 gas pipelines within th ,! City of Corpus Christi J', , amending Section 55- ,.~~;r~ ,of the City Code 0 -':r" ! Ordinances; providin ~\ . tor penalties. Thi.., ordinance was pass and approved by the C' CplJOCil of., the City 0 Corpus Christi on Ma 23. 2000. loIAnnando , ClIy-c" ClIy of CofpuS hri. -> t ~', 7)~,: ~~':<>';\ Subscribed and sworn to me on the date of MAY 30, 2000. ~ " " ., "..." ....;.'\ Hj';'n~\\" Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/ 14/01.