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Home My WebLink About025606 ORD - 12/16/2003AN ORDINANCE AMENDING SECTION 55-3 OF THE CODE OF ORDINANCES OF THE CITY OF CORPUS CHRISTI REGARDING THE REQUIREMENT OF CONSENT OF THE CITY FOR NATURAL GAS PIPELINES AND CONVEYANCE OF NATURAL GAS USING CITY RIGHTS-OF-WAY OR PROPERTYANDSERVlNG CUSTOMERSWITHINTHECITY;PROVlDING FOR PENALTIES;PROVIDING FOR SEVERABILITY;PROVIDING FOR PUBLICATION;AND DECLARING AN EMERGENCY NOW, THEREFORE, BElT ORDAINED BY THE CITY COUNCIL OFTHE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 55-3(b) of the Code of Ordinances of the City of Corpus Christi is revised to 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. use~No owner or operator of a pipeline or pipeline system shall use a pipeline or pipeline system under its ownership, operation or control, any part of which is located in any right-of-way or property of the city, for transportation of its or another person's natural .qas to consumers, whether industrial, commercial, or residential, within the corporate limits of the city, unless a franchise or permit is first obtained by said owner or operator, which franchise or permit specifically authorizes the use. No owner or seller of natural gas shall use city right-of-way or property by convey n.q or causing to be conveyed natural .qas through a pipeline or pipeline system owned by itself or another, any part of which is located in any right-of-way or property of the cty, to customers, whether industrial, commercial, or residential, within the corporate limits of the city, unless a franchise or permit is first obtained by said owner, which franchise or permit specifically authorizes such use. No person shall purchase natural gas for use in the City limits except from the city's gas distribution system or from a seller that has a franchise or permit as required by this subsection. For purposes of this subsection (b), "right-of-way" shall mean any street1 road1 alley1 sidewalk, brid,qel or similar way1 or public utility easement owned or controlled by the city within the city limits. In considering whether to grant a franchise or permit for sale of qas to customers in the city limits, the city council shall consider whether the granting will likely lead to impairment of the city's ability to adequately and reliably serve existing and anticipated customers at reasonable cost, including the effect on Iow income residential customers R38505B1 .doc ,,za606 2 and small businesses; the city's and its ratepayers' investment in its gas distribution and combined utility system; compliance with bond covenants of the city's combined utility system; whether the proposal would undertake to serve all or a substantial portion of the city's retail .qas-usin.q population on a fair competitive basis with the city's .qas utility system; the reliability and adequacy of .qas service to existing and future customers; and the benefit or detriment to the health, welfare, and safety of the public. In considering whether to grant a franchise or permit for transportation, the city council shall consider whether regulatory rules for common carriers make it illegal or impractical to regulate transportation to customers in the city limits so that the public's interest is best addressed by re.qulation throuqh granting or denying franchises or permits to sellers of .qas. SECTION 2. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 55-3(d) of the City Code of Ordinances. SECTION :~. 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 of this ordinance be given full force and effect for its purpose. SECTION 4. 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 5. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect th upon first reading as an emergency measure on this the 16 day of December, 2003. ATTESt_ . Armando Chapa City Secretary APPROVED: This 11th day of December, 2003: R38505B1.doc Corpus Christi, Texas of 2003 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For 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. Ne~ , Jr. - Mayor Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney (~. Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola ('-~L~ ~ Mark Scott R38505B1.doc PUBLISHER'S AFFIDAVIT State offTexas } CITY OF CORPUS CHRISTI County of Nueces } ss: Ad ~ 4760050 PO ~ Before me, the undersigned, a Notary Public, this day personally came Diana Hinoiosa, who being first duly sworn, according to law, says that she is Credit 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 Calle~Times and on the World Wide Web on the Caller-Times Interactive on the 22ND day(s) of DECEMBER, 2003. $79.11 TWO (2) Time(s} Credit Manager Subscribed and sworn to me on the date of DECEMBER 23, 2003. Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. 2003 OF OF~NAN~E f~J. 0256O6 Ordinance amending Section 55-3 of the