HomeMy WebLinkAbout030660 ORD - 10/20/2015 Ordinance amending the Code of Ordinances, City of Corpus Christi, Section 55-3
regarding gas purchase exemptions for large gas users within the city limits; and
providing for publication.
Be it ordained by the City Council of the City of Corpus Christi, Texas:
SECTION 1. That City of Corpus Christi, Code of Ordinances, Section 55-3, regarding
gas franchises is revised, by adding the underlined text and deleting any struck-through
text 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.
(a) 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 conveying gas.
(b) 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 gas 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 conveying or causing to be conveyed natural gas 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 city, 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
street, road, alley, sidewalk, bridge, or similar way, 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 gas 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 low income residential
customers 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 gas-using population on a fair competitive basis with the city's gas utility system; the
reliability and adequacy of gas 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 regulation through granting or denying
franchises or permits to sellers of gas.
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(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 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 adjudged guilty of a violation of this section in the municipal court of the city
shall be punished by a fine of five hundred dollars ($500.00). 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.
(e) Exemption. The provisions of this section do not apply for 20 years from the date the
director of utilities certifies that the customer is:
(i.) an industrial customer;
(ii.) is constructing or has constructed a facility with a minimum capital investment in
the City of at least$150 million dollars subject to ad valorem taxes;
(iii.) said facility consumes at least 2,400 MM BTU per day with the exception of
temporary maintenance periods of 90 days or less which may be extended upon
written notice to the director of utilities; and
(iv.) the City gas distribution system is unable to meet all of the needs of the industrial
customer met by a contract with another gas supplier.
The director of utilities may not revoke the aforementioned certification during the 20-year
term of said certification. Upon expiration of the aforementioned term of the certification,
the director of utilities must annually extend the aforementioned certification if(i) through
(iv) above continue to apply and the City is still unable to meet all of the needs of the
industrial customer that are met by a contract with another gas supplier. "
(Code 1958, § 38-3; Ord. No. 24042, § 1, 5-23-2000; Ord. No. 25606, § 1, 12-16-2003)
SECTION 2. 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 3. A violation of this ordinance or requirements implemented hereunder shall
constitute an offense, punishable as provided in Section 55-3 of the City Code of
Ordinances.
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. This ordinance
takes effect on date of final approval.
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That the foregoing ordnance was ea f r the first time and passed to its second
reading on this the T'day of UQ 4/, 2015, by the following vote:
Nelda Martinez Brian Rosas LA !_
Rudy Garza ,W: Lucy Rubio ` L,
Chad Magill ii Mark Scott I /I 1
Colleen McIntyre ' Carolyn Vaughn
Lillian Riojas ili
I
That th fffvg9oing or. ance was read for the second time and passed finally on this
the t) I V-ay of AD , 2015, by the following vote:
Nelda Martinez I ►: Brian Rosas , , j
d �
Rudy Garza ,..A. Lucy Rubio V ..I 1
Chad Magill S !_ Mark Scott ,, �:
Colleen McIntyre g A f Carolyn Vaughn IL
Lillian Riojas 1 4/ 1
I
Ll
PASSED AND APPROVED, this the UOayof AC+bQ,K2015.
ATTEST:
12**L12."4"44‘ 1441..L'414-41--
Rebecca Huerta Nelda Martinez
City Secretary Mayor
EFFECTIVE DATE
0
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PUBLISHER'S AFFIDAVIT
State of Texas } CITY OF CORPUS CHRISTI
County of Nueces } Ad# 758025
PO #
Before me,the undersigned, a Notary Public,this day personally came GEORGIA LAWSON, who
being first duly sworn, according to law, says that she is LEGAL SALES REPRESENATIVE AND
EMPLOYEE OF THE PUBLISHER, namely,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, Kleberg, Live Oak,Nueces, Refugio, and San Patricio, Counties, and that the
publication of NOTICE OF PASSAGE OF ORDINANCE(S)NO which the annexed is a true copy,
was inserted in the Corpus Christi Caller-Times on:
CC-Corpus Christi Caller-Times 10/26/15 Mon
CC-Internet - caller.com 10/26/ Mon
LEGAL SALES REPRESENTATIVE
On this chi day of U l , 20 )5 I certify that the attached document is a true
and exact copy made by publisher.
• 3, RAL,_,
• SriP.PE Not Public State of Texas
"; ;; r': MY COMMISSION EXPIRES '
11:0 February 27,2017
1 6 WV Z I AOI qIE
SNS F f1
4E» Monday,October 26,2015»CALLER-TIMES
Legals •
NOTICE OF PASSAGE OF
ORDINANCE(S)
NO. 030653, Ordinance
amending the Corpus Chris-
ti Urban Transportation
Plan,a part of Mobility CC,
an element of the Compre-
hensive Plan of the City of
Corpus Christi, Texas, by
realigning County Road 50;
amending related elements
of the Comprehensive.Plan
of the City; providing for
severance; and providing
for publication; NO.030660,
Ordinance amending the
Code of Ordinances, City
of Corpus Christi, Section
55-3 regarding gas pur-
chase exemptions for large
gas users within the city
limits; providing for publi-
cation and providing for an
effective date of October
20, 2015. These ordinances
were passed and approved
on second reading by the
Corpus Christi City Council
on October 20,2015.
/s/Rebecca Huerta
City Secretary