HomeMy WebLinkAboutORD 12.09.1952 - Lone Star Gas Companyt `
AN ORDINANCE GRANTING TO LONE STAR GAS COMPANY;
CORPORATION, ITS SUCCESSORS AND ASSIGNS, A FRAN
CHISE TO FURNISH AND SUPPLY GAS TO THE GENERAL
PUBLIC IN THE CITY OF GEORGETOWN$ WILLIAMSON
COUNTY, TEXAS, AND THE ENVIRONS THM3 0Ft PR.OVTD ;
ING FOR THE PAYIIZIENT OF A FEE OR CHARGE FOR T
USE OF THE STREETS, ALLEYS AND PUBLIC MAYS., AND
PROVIDING THAT IT SHALL BE IN LIEU OF OTHER. FEE
AND CHARGES, EXCEPTING AD VALOREM TAXES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GORGET s
SECTION le That the City of Georgetown, Texas ftereinew
after called "City", hereby grants to Lone Star Gas Comp ,
hereinafter called "Company", its successors and assigns, on*
sent to use and occupy the present and future streets, al° ys,
highways, public places, public :thoroughfares and grounds Df
City for the purpose of laying, maintaining, constructingopoo
erating and replacing therein and thereon pipe lines and all
other appurtenant equipment needed and necessary to deliv'`
and sell gas to persons, firms and corporations, including' all
the general,, public, within the City's corporate limits ane the
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twentymfive (P5) years from and after the date of the final
passage # approvalof this ordinances
#
SECTION 2. Company shall lay, maintain, construct,# #"
zte and replace its pipes, mains, laterals and other equipment
I 1 11 1111 6 # M # # ? 2 #
originalsha:ll promptly clean up and restore to an approximate
condition, at its cost,
all
thoroughfares
and other surfaces
which it may disturbs.:
The
location of all
mains, pipes, lat�
erals and other appurtenant equipment shall be fixed under the
-supervision of the City Manager of said City, and that before any excavations
are madein the City by w Company, L purposes G # M
stated,9 the Company shall submit to the City Manager, an applicatiorl
-1zhowing location, oharacterand extent of work proposed to be done;
i shall obtainfrom the City Manager written permit,#
s *d work* sed by the City
,al That should such application be refu
Manager, or should the Company be dissatisfied with any conditions
that, the City Manager onight require before granting same, It shall
have the right to appeal to the City Council, for action thereon.
That should the Company so desire, it may make its written appllic�
ation direct to the City Council for action thereon.
excavations or
shall place
obstructions
in
any street, alley
# in the
or other public
place, the
public shall
be
protected by
bar�
riers and
lights
placed, erected
and maintained by
Company,*
# in the
event
of injury to any
personor damage :
to any
property by reason of the contrsuetion, operation or mainten®
ance
of the
gas distributing
plant or
x of a: « #
#
•`
indemnify # keep
harmless
City from any and
all
liability in connection therewithe, Company shall repair,
clean up and restore to an approximate original condition, all
.. Cv : a # 9 # ! C.t • • . # # # it ...
SECTION 4. Company may make and enforce reasonable rules,
and regulations in the conduct of its business and may require,
before furnishing service, the execution of a contract there
for and may require each consumer, within the corporate limits
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of City, to pay Company for the installation of all servi
pipe's from the main in. the street or alley to and through
the consumerts premises; and Company shall have the right
contract with each consumer with reference to the ins
of service pipes and the control of service pipes fra-m
connection thereof with Company's main in the streets or eLm
leys to and including the meter located on the consmerts
premises. Service lanes are defined as supply lines fromom-
pany's mains in the streets or alleys to and ending at oo
steer's meter*
SECTION 5* Company shall not be required to exii.
on any street more than fifty (5O) feet for any one cons 'r
of gas. Nor shall Company be rquired to connect to inter
mediate or high-pressure lines.
SECTION 6! Company shall be entitled to require frcam.
each and every consumer of gas, before gas service is c
menced, a deposit of twice the amount of an estimated avez ge
monthly bill, which said deposit may be retained by Compa
until serrvice.is discontinued and all bills therefore have been
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paid* Company l:Rreturn saiddeposittothe cons
togethersix per cent(6a) interest thereon ! M
of said deposit up to the date of discontinuance of servi
Company be entitled to apply such deposit, with ace
interest, to any indebtedness oared Company by the consume
making the deposit.
SECTION 7. The rights, privileges and franchis
by this ordinance are not to be considered exclusive, and
hereby expressly reserves the right to grant, at any time
privileges, rights and franchises as it may see fit to an,
other person or corporation for the purpose of furnishing
for light, heat and poorer to and for City and the inhabit;
thereof.
SECTION 8. Company shall furnish reasonably ad
service to the public at reasonable rates and charges the
fors and Company shall maintain its property, equipment a
appliances in good order and condition®
�A,
ate
.
9d
granted
ity
like
as
is
«,
5
SECTION 9* Company, its successors and assigns, agrees
to pay and City agrees to accept, on or before the lst day of
January, 1953, and on or before the same day of each suem
reeding year during the life of this franchise, up to and
_�. including the year 1977, a sun of money which shall be
!_ equivalent to two per cent (2%) of the gross receipts received
by Company from the sale of gas to its domestic and commercial
consumers within the city limits of said City (expressly exm
eluding, however, receipts derived from sales to industrial
and governmental users and consumers in said City) for the
preceding calendar year, which annual payment shall be for the
rights and privileges herein granted to Company, including ex"
pressly, without limitation, the right to use the streets, a1"
leys and public ways of said City* ,Arid it is also expressly
agreed that the aforesaid annual payment shall be in lieu of
any and all other additional occupation taxes, easement
and franchise taxes or charges (Whether levied as an ad valorem,
special or other character of tax or charge), in lieu of
municipal taxes, charges, levies, fees and rentals of whatsoa
ever kind and character which City may impose or hereafter be
authorized to lever and collect, excepting only the usual gen"
oral or special ad valorem taxes, which City is authorized to
levy and impose upon real and personal property* Should City
not have the legal power to agree that the payment of the
foregoing sums of money shall be in lieu of taxes, licenses,
fees, street or alley rentals or charges, easement or fran-
ehise taxes or charges aforesaid, then City agrees that it
will apply so much of said sums of money paid as may be neces�
nary to satisfy CcmapanIrI s obligations, if any, to pay any such
taxes, licenses, charges, fees, rentals, easement or franchise
taxes or charges.
In order to determine the gross receipts received by Com«
pany from the sale of gas (expressly excluding the sales of
gas to industrial and governmental consumers) within the corms
porate limits of City, Company agrees that on the same date
that payments Are made as provided in the preceding paragraph
of this section 9, it will file with the City Clerk a sworn
report showing the gross receipts received from the sale o
gas to its domestic and commerical consumers within said C ty
limits for the calendar year peceding the date of payment.
3ity.,mays if it sees fit, have the booksland records of
pany examined bya representativeofsaid City ii
the correctness ofthe sworn t to by filed
Receipts from sales to governmental users or coriumers
shall include all those receipts derived from the sale of.:'as
to Federal, State, County or City Governments or branches and
subdivisions thereof, school districts or other similar diSm
tricts, it being the intention to include within the term
"Government users and consumers" all taxsupported instit
tions owned or operated directly or indirectly by said
governments and branches or subdivisions thereof, such as
schools, colleges, hospitals, eleemosynary institutions, y
or training campes airports, courthouse, city hail and o 'r
institutions of like or similar kind and characters
"Industrial users or consumers", as herein usedj are
those generally and commonly classified as such by Ccmpanym
The payment herein provided shall be for the per od
January 1st to December 31st of the respective year that 1he
payment is madee (/,
SECTION 10a The enactment of this franchise
shall be in lieu of, substitute for and nullify a certain
franchise ordinance enacted by City on April 19, 1928, of
record in the Minutes of the City Council, and being styl
"AN ORDINANCE GRkITING TO THE COMIuiMITY NATURAL GAS COMPA:
ITS SUCCESSORS AND ASSIGNS, A. FW!� CHISE FOR THE CONSTRUCT
AND OPEIPWION OF A GAS DISTRIBUTING PLANT OR SYSTEM IN TN
OF GEORGETOVIN3 WILLIAMSON COUNTY, TEXAS, FOR. A TERM OF Ttv
FIFE (25) YEARS: AND F3 KING RATES AND CHARGES FOR NATURAL
SERVICE".
SECTION lle Company shall file its written aces
this franchise ordinance within sixty (60) days after its
final passage and approval by said City*
SECTION 12e The fact that it is necessary that
action be had in settling matters pertaining to the franc;
a
N
CITY
TY®
AS
Rance of
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here granted, creates an emergency and public necessity that the
rules requiring that an ordinance be read at three separate meetings before
passage, be suspended and that they are here and now suspended, and that
this ordinance is here and new passed and is ordered to take effect
from and after the passage and approval hereof.
PASSED .A14T APPROVED on this the ninth day of December,
A. Do 1952.
ATTEST*
City Secretary kayo $
C*
11 of Georgetown, Texas,,.
STATE OF TEXAS }
COLT TTY OF BALI AS }
W[HERE S, •there was finally passed and approved on December 9, 1952, an
ordinance granting to Zone Star Gas-Company, a corporation, its succesors
V and assigns, a franchise to furnish and supply gas to the general public in
the City of Georgetown., Williamson County, Texas, and the environs there f,
which is recorded in Book 5, page 90 of the Minutes of the City Council of
said City; and
VMEREAS, Secion 11 of said ordinance provides as follows.
"Section 11. Company shall file its written acceptance of this franchise
ordinance within sixty (E0) days after its final passage and approval by
said City.'c
AND. VMREAS, it is the desire of Lone Star Gas Company, the holder of the
rights, privileges and grants under the aforesaid franchise ordinance, to
comply with the above giAoted provisions of Section 11 thereof.
NOW, THEREFORE, premises considered, bone Star Gas Company, actin; by
and through its duly authorized officers, and within the time prescribed
by Section 11 quoted above, does hereby agree to and accept the franchise
j granted to it by the above described ordinance, in accordance with its terms,
provisions, conditions and requirements, and subject to the stipulations and
agreements therein contained.
vdITI SS THE EXECUTION HEREOF, on this the 13th day of January, 1953.
.ATTESTS 1,Oi`H.E STAR GAS CO3i'A3Y
LsZ T,. J, Uhl BY...Zs Chester L. May
Secretary Yice�Pre iden.t
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