Loading...
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 3I I 11 A11111 N 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 56 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 11 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 59 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 13