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HomeMy WebLinkAboutORD 900209 - Tx Utilities Electric CompanyAN ORDINANCE COMPANY, ITS HEAT AND POLI ORDINANCES OF FRANCHISE FOR GRANTING TO SUCCESSORS AND 'ER FRANCHISE THE CITY OF G SUCH PURPOSE. TEXAS UTILITIES ELECTRIC ASSIGNS, AN ELECTRIC LIGHT, AND REPEALING ALL PREVIOUS EORGETOWN, TEXAS, GRANTING A BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS. WHEREAS, the City of Georgetown has been requested by Texas Utilities Electric Company to grant it a non-exclusive franchise to provide electric service within the corporate limits of the City of Georgetown, Texas, WHEREAS, the City of Georgetown is empowered to grant franchises as allowed by its City Charter, sec. 8.06, WHEREAS, Texas Utilities Electric Company is willing, when requested, to provide utility service within the City of Georgetown under the terms and conditions set forth below, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION I. The City Council adopts the recitals set forth above as true and correct and are adopted herein verbatim as if fully set forth at length. SECTION II. That there is hereby granted to Texas Utilities Electric Company, its successors and assigns (herein called the "Grantee"), the right, privilege and franchise until March 1, 2010, to construct and maintain in the present and future streets, alleys and public places of the City of Georgetown, Texas, and its successors, electric light and power lines, with all necessary or. desirable appurtenances (including underground conduits, poles, wires, transmission lines and other structures and telephone wires for its own use), for the purpose of supplying electricity to the said City, the inhabitants thereof, and persons and corporations beyond the limits thereof, for light, heat, power and other purposes. SECTION III. Poles, structures and other appurtenances shall be so erected and maintained as not to interfere unreasonably with traffic over streets and alleys. SECTION IV. The service furnished hereunder to said City and its inhabitants shall be first class in all respects, considering all circumstances, and shall be subject to such reasonable rules and regulations as the Grantee may make from time to time. The Grantee may require reasonable security for the payment of its bills. SECTION V. The Grantee shall hold the City harmless from all expense or liability for any act or neglect of the Grantee hereunder. SECTION VI. That upon final acceptance of this franchise, and annually thereafter, on March 1 of each succeeding year for the life of this franchise, Grantee, its successors and assigns, shall pay to the City of Georgetown a sum equal to three per cent (3%) of its gross receipts received from the retail sale of electric power and energy by Grantee within the corporate limits of said City for the preceding twelve months ending December 31, in full payment for the privilege of using and occupying the streets, highways, easements, alleys, parks and other public places in the City of Georgetown, whether as rental, supervision and inspection charges, or otherwise, for the twelve months following March 1 of the year in which payment is made. This payment shall be in lieu of any and all other tax or increased rate of tax or other imposition, assessment or charge, except ad valorem taxes, charges permitted by Section 24 of the Public Utility Regulatory Act (Art. 1446c, V.A.T.S.), and sales taxes on Grantee's sales within the City to the extent authorized by State Law. SECTION VII. This franchise shall become effective upon Grantee's written acceptance hereof, said written acceptance to be filed by Grantee with Grantor within sixty (60) days after final passage and approval hereof, provided that if Grantee does not file its written acceptance with Grantor within said sixty (60) days, this franchise shall become null and void. SECTION VIII. This franchise is passed subject to the applicable provisions of the Constitution and Laws of the State of Texas and, to the extent they are valid and applicable, the Charter of the City of Georgetown and the Georgetown City Code. This franchise agreement shall in no way affect or impair the rights, obligations, or remedies of the parties under the Public Utility Regulatory Act of Texas, or amendments thereto. SECTION IX. If, during the term of this franchise agreement, the City of Georgetown should sell its municipal electric distribution system to Grantee (or its successors and assigns), then this franchise agreement shall be subject to renegotiation as part of such sale, provided that such renegotiation is completed prior to the closing of any such sale. PASSED AND APPROVED on 1st reading this 27th day of February, 1990. PASSED AND APPROVED on 2nd and final reading this 10th day of March, 1990. Tim Kennedy Mayor ATTEST. Elizabeth Gray City Secretary ELECTRIC April 11, 1990 TO THE MAYOR AND CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS: The undersigned hereby accepts the terms of that certain franchise passed and adopted by the City Council of the City of Georgetown, Texas, by ordinance duly approved by the Mayor and attested by the City Secretary on April 10, 1990, same being, "AN ORDINANCE GRANTING TO TEXAS UTILITIES ELECTRIC COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC LIGHT, HEAT, AND POWER FRANCHISE AND REPEALING ALL PREVIOUS ORDINANCES OF THE CITY OF GEORGETOWN, TEXAS, GRANTING A FRANCHISE FOR SUCH PURPOSE", and files herewith its acceptance of such franchise as required by the terms of such franchise ordinance. IN TESTIMONY WHEREOF, witness the corporate signature of Texas Utilities Electric Company by its duly authorized officer, this the 11th day of April, 1990. Original acceptance of a true copy, was filed 1990, (CITY SEAL) TEXAS UTILITIES ELECTRIC COMPANY Vice President of Operations franchise, of which the foregoing in my office on the f81�% day of at ,? o'clock . m. City'Secretary, City of Georgetown, Texas 1511 Bryan Street P. O. Box 660268 Dallas, Texas 75266-0268 is ELECTRIC April 11, 1990 Mr.Jo Turner Dist Manager Roun ock Dear Mr. Turner: Enclosed is an original and duplicate copy of letter of acceptance in connection with the franchise granted the Company by the City of Georgetown, Texas on April 10, 1990. The Secretary should enter time and date of filing on duplicate copy. Note that the date shown should be the date the letter is filed, and not the date on which the franchise was granted. The duplicate copy should be returned to this Department. WFC/jc cc: Messrs. Tom Blakey Don Hampton Mark Gordon Paul Bennett Ver rely yo , 4 00 William F. Condron 1511 Brvan Street P. O. Box 660268 Dallas, Texas 75266-0268 . ' 3 ORDINANCE NO. 78-1 AN ORDINANCE GRANTING TO LONE STAR GAS COMPANY, A DIVISION OF ENSERCH CORPORATION, A CORPORATION, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO FURNISH AND SUPPLY GAS TO THE GENERAL PUBLIC IN THE CITY OF GEORGETOWN, WILLIAMSON COUNTY, TEXAS, FOR THE TRANSPORT- ING, DELIVERY, SALE, AND DISTRIBUTION OF GAS IN, OUT OF, AND THROUGH SAID MUNICIPALITY FOR ALL PURPOSES; PROVIDING FOR THE PAY- MENT OF A FEE OR CHARGE FOR THE USE OF THE STREETS, ALLEYS, AND PUBLIC WAYS; PROVIDING THAT IT SHALL BE: IN LIEU OF OTHER FEES AND CHARGES, EXCEPTING AD VALOREM TAXES; AND REPEALING ALL PREVIOUS GAS FRANCHISE ordinance. c. SECTION 2. Company shall lay, maintain, construct, operate, and replace its pipes, ORDINANCES. mains, laterals, and other equipment so as to interfere as little as possible with traffic and shall promptly clean up and restore to an approximate original condition, of its cost, all thoroughfares and other surfaces which it may disturb. The location of all mains, pipes and laterals, and other appurtenant equipment shall be fixed under the supervision of the City Council or an authorized committee or agent appointed by said City Council, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS: SECTION 3. When Company shall make or cause to be made excavations or shall place obstructions in any street, alley, or other public place, the public shall be protected by barriers and lights placed, erected, and maintained by Company; and in the event of injury to any person or damage to any property by reason of the construction, operation, or maintenance of the gas distributing plant or system of Company, Company shall indemnify and keep harmless City from any and all liability in connection therewith. Company shall repair, clean up, and restore to an approximate original condition all streets and alleys disturbed during the construction and repair of its gas distributing system. SECTION 4. In addition to the rates charged for gas supplied, Company may make and enforce reasonable charges, rules, and regulations for service rendered in the conduct of its business, including a charge for services rendered in the inauguration of natural gas service, and may require, before furnishing service, the execution of a contract therefor. Company shall have the right to contract with each customer with reference to the installation of, and payment for, any and all of the gas piping from the connection thereof with the Company's main in the streets or alleys to and throughout the consumers premises. Company shall own, operate, and maintain all service lines, which are defined as the supply lines from the Company's main to the consumer's curb line, when mains are located in the streets and to the consumer property line when mains are located in the alleys. The consumer shall own, operate, and maintain all yard lines and house piping. Yard lines are defined as the underground supply lines extending from the point of connection with Company's service line to the point of connection with consumer's house piping. SECTION 1. That the City of Georgetown, Texas, hereinafter called "City", hereby grants to Lone Star Gas Company, a Division of ENSERCH CORPORATION, hereinafter not be called "Company", its successors and assigns, consent to use and occupy the present and fifty future streets, alleys, highways, public pleaces, public thoroughfares, and grounds of City for for the purpose of laying, maintaining, consturcting, operating, and replacing therein and of gas. thereon pipelines and all other appurtenant equipment needed and necessary to deliver gas in, outof, and through said City and to sell gas to persons, firms, and corporations, including " all the general public, within the City's corporate limits, said consent being granted for a term of twenty (20) years from and after the date of the final passage and approval of this ordinance. c. SECTION 2. Company shall lay, maintain, construct, operate, and replace its pipes, mains, laterals, and other equipment so as to interfere as little as possible with traffic and shall promptly clean up and restore to an approximate original condition, of its cost, all thoroughfares and other surfaces which it may disturb. The location of all mains, pipes and laterals, and other appurtenant equipment shall be fixed under the supervision of the City Council or an authorized committee or agent appointed by said City Council, SECTION 3. When Company shall make or cause to be made excavations or shall place obstructions in any street, alley, or other public place, the public shall be protected by barriers and lights placed, erected, and maintained by Company; and in the event of injury to any person or damage to any property by reason of the construction, operation, or maintenance of the gas distributing plant or system of Company, Company shall indemnify and keep harmless City from any and all liability in connection therewith. Company shall repair, clean up, and restore to an approximate original condition all streets and alleys disturbed during the construction and repair of its gas distributing system. SECTION 4. In addition to the rates charged for gas supplied, Company may make and enforce reasonable charges, rules, and regulations for service rendered in the conduct of its business, including a charge for services rendered in the inauguration of natural gas service, and may require, before furnishing service, the execution of a contract therefor. Company shall have the right to contract with each customer with reference to the installation of, and payment for, any and all of the gas piping from the connection thereof with the Company's main in the streets or alleys to and throughout the consumers premises. Company shall own, operate, and maintain all service lines, which are defined as the supply lines from the Company's main to the consumer's curb line, when mains are located in the streets and to the consumer property line when mains are located in the alleys. The consumer shall own, operate, and maintain all yard lines and house piping. Yard lines are defined as the underground supply lines extending from the point of connection with Company's service line to the point of connection with consumer's house piping. S ECTIO N 6. Company shall be entitled to require from each and every consum er of gas, before gas service is commenced, a deposit of twice the amount of an estimated average monthly bill, which said deposit may be retained by Company until service is discontinued and all bills therefor have been paid. Company shall then return said deposit to the consumer, together with six percent (6%)interest thereon from the date of said deposit up to the date of SECTION 5. Company shall not be required to extend mains on any street more than fifty (50) feet for any one consumer of gas. S ECTIO N 6. Company shall be entitled to require from each and every consum er of gas, before gas service is commenced, a deposit of twice the amount of an estimated average monthly bill, which said deposit may be retained by Company until service is discontinued and all bills therefor have been paid. Company shall then return said deposit to the consumer, together with six percent (6%)interest thereon from the date of said deposit up to the date of discontinuance of service. Company shall be entitled to apply said deposit, with accrued interest, to any indebtedness owed Company by the consumer making the deposit. SECTION 7. The rights, privileges, and franchises granted by this ordinance are not to be considered exclusive, and City hereby expressly reserves the right to grant, at any time, like privileges, rights, and franchises as it may see fit to any other person or corporation for the purpose of furnishing gas for light, heat, and power to and for City and the inhabitants thereof. SECTION 8. Company shall furnish reasonably adequte service to the public at reasonable rates and charges therefor; and Company shall maintain its property, equipment, and appliances in good order and condition. SECTION 9. Company, its successors and assigns, agrees to pay and City agrees to accept, on or before the 1st day of March, 1978, and on or before the same day of each succeeding year during the life of this franchise, up to and including the year 1998, a sum of money which shall be equivalent to two percent (2%) of the gross receipts received by Company from the sale of gas to its domestic and commercial consumers within the corporate limits of said City (expressly excluding, 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 expressly, without limitation, the right to use the streets, alleys, and public ways of said City. And it is also expressly agreed that the aforesaid annual payment shall be in lieu of any and all other and 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 license and inspection fees, street taxes, and street or alley rentals or charges, and all other and additional municipal taxes, charges, levies, fees, and rentals of whatsoever kind and character which City may now impose or hereafter levy and collect, excepting only the usual general or special ad valorem taxes which City is auth- orized 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, or charges aforesaid, then City agrees that it will apply so much of said sums of money paid as may be necessary to satisfy Company'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 Company from the sale of gas (expressly excluding the sale of gas to industrial and governmental consumers) within the corporate 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'of gas to its domestic and commercial consumers within said corporate limits for the calendar year preceding the date of payment. City may, if it sees fit, have the books and records of Company examined by a representative of said City to ascertain the correctness of the sworn reports agreed to be filed herein. Receipts from sales to governmental users or consumers shall include all those receipts derived from the sale of gas to federal; state, county or city governments or branches and subdivisions thereof, school districts, or other similar districts, it being the intention to include within the term "governmental users and consumers" all tax -supported institutions owned or operated directly or indirectly by said governments and braches or subdivisons thereof, such as schools, colleges, hospitals, eleemosynary institutions, army or training camps, airports, courthouse, city hall, and other institutions of like or similar kind and character. "Industrial users or consumers, " as herein used, are those generally and commonly classified as such by Company. The payment herein provided shall be for the period March 1 to February 28 of the re- spective year that the payment is made. SECTION 10. When this franchise ordinance shall have become effective, all previous ordinance of said City granting franchises for gas distribution purposes which were held by Company shall be automatically cancelled and annulled, and shall be of no further force or effect. SECTION 11. Company shall file its written acceptance of this franchise ordinance within sixty (60) days after its final passage and approval by said City. PASSED AND APPROVED on first reading on this the 13th day of December, 1977. FINNALLY PASSED AND APPROVED on second reading on this the 10th day of ,January, 1978. U., (/. , Lx,,,- hn C. Doerfler, qayor ATTEST: ORDINANCE4 City Secretary AN ORDINAhE AMENDING E "ZO BY THE CITY UNCIL OF • DAY • •' SOUTHCHANGE THE PROP OF WALLACE LUERS OF CREST ••D • • HE ST, • RESIDENTIAL S-1 E FA Y TO C1 C SET • t ORDINANCE" PASSED ANDA OPTED k O TEXAS, ON THE 2th STRICT MAP, AND M `KrN( RIGINAL ORDINANCE: TATED IMMEDIATELY TO T ON THE EAST AND R EMAP THEREOF FROM :RCIAL RST HEIGHT, A.,REINAF BE IT OR NED BY THE CIT C CIL OF THE CITY F RGETOWN, TEXAS: REAS, an application h n made to the City Coun "r the purpose of changing t z ng ordinance on the fall mg cri bed real estate; nrestricted reserve "B' .6396 es) in THOUSA OAKS UBDIVISION in the C' Georgetown, Willi on County; as, accordi a the rrap o latof record reo 'n Cabinet C, Sli 376-380, Plat cords Wi mson County, as WH S, the ty Council has submitte proposed change to the ning Ord' once to the City nni ommission for its recomme tion and report; and, WHER e City Planning Commissio `approved the changing of s " ning Ordinance on above described property Tn"RS sidential Single Family" 11C1 Commercial t ''" ight," at its regular P ` ning Co ission meeting held e th day of Decem 197 d, W EAS, the 'ty Council, be e adopting thi '' mendment to ,:e Zoning finance, gave ce of such he 'ngthereon publishing same o time in WILUAMSO COUNTY a weekly n in the ty of Georgetown, s, h notice stated the time e,of hearing and ich .` e of hearing was not ea an fifteen days from the f t da ch publicatio WHER written not was given to all of the o r f the lots or land wit 00 t of the above describe , ` rty as required by la nd, WHEREAS, the Cit an Commission aper, d the ch' `e aforesaid i. e Zoning Or once, said appro being en by said Co fission on De' ber 6, 1, OW, THERE RE, BE I ORDAINE y the City Council of t ity of Georgetown, that ff oning Or once, and e Zoning p of the City of George. n, be amended so that the operty scribed above shall be d the same is hereby re ed from "RS Residential Single F',, ly "C1 Commercial First fight."