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."