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.7onathan S . Day.. - 2 May 21, 1975 <br />The origin point of the pipeline network will . <br />be a terminal facility located on the ship channel. <br />From the terminal the pipelines will be built mostly <br />along -right of way presently owned by the Company. <br />None of the plants in question are located. within the <br />City; however, parts of the pipeline will have to be <br />bust th,oug.h the Ciy of Houston and at twelve loca- i <br />iions Cite streets will be crossed, these streets.be�- <br />ing the following: Morales Street, Milner Road, Dr-�ett <br />Boulevard, El:ntex Street, Pinetex Street, Wallisville <br />`Road, interstate 10, Aldine -Westfield Road, Lee Road, <br />Eastex Freeway, old Humble Road, and Northbelt Drive.. <br />The Lighting Company has an accepted proce- <br />dure for notifying the Public Works Department, fur- <br />nishing plans and specifications, and working out other <br />details when it is necessary to build an underground <br />facility across a City street. This procedure has been <br />followed with regard to the pipeline crossings; however, <br />it is my understanding that the Public Works Department <br />has some doubt as to whether the Company needs a•fran- <br />chise for the pipeline and. that the matter will:.tbe <br />• <br />referred to your Department. <br />We have advised Houston Lighting & Power Com- <br />pany that it is our opinion another franchise is not <br />needed. Our views are submitted for your consideration. <br />it is our opinion that the Company is not required to <br />obtain a franchise from the City for the pipeline cross- <br />ings for two principal reasons: (1) the Company has <br />already been granted the right to cross the City Streets <br />under its present franchise; and (2) the pipeline system <br />is non -local in character and, while the City may regulate <br />the manner in which the pipeline is built under. City <br />Streets, the City's consent is not needed to vest in the <br />Company the right to build the non -local pipeline. These <br />two aspects of the matter will be separately discussed. <br />Considered first is the Company's rights under <br />its present franchise. When stripped of irrelevant <br />provisions, the franchise (ordinance No. 57-929) vests <br />in the Company the following rights: <br />