HomeMy Public PortalAboutOrdinance No. 550-85 12-09-1985 ORDINANCE # 550
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
RICHLAND HILLS, TARRANT COUNTY, TEXAS, FOR THE
TRANSPORTING, DELIVERY, SALE, AND DISTRIBUTION OF GAS
IN, OUT OF, AND THROUGH SAID MUNICIPALITY FOR ALL
PURPOSES; PROVIDING FOR THE PAYMENT OF A FEE OR
CHARGE FOR THE USE OF THE STREETS, ALLEYS, AND PUBLIC
WAYS; AND PROVIDING THAT IT SHALL BE IN LIEU OF OTHER
FEES AND CHARGES, EXCEPTING AD VALOREM TAXES; AND
REPEALING ALL PREVIOUS GAS FRANCHISE ORDINANCES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND
HILLS, TEXAS:
SECTION 1. That the City of Richland Hills, Texas,
hereinafter called "City," hereby grants to Lone Star Gas
Company, a Division of ENSERCH CORPORATION, hereinafter called
"Company," its successors and assigns, consent to use and
occupy the present and future streets, alleys, highways, public
places, public thoroughfares, and grounds of City for the
purpose of laying, maintaining, constructing, operating, and
replacing therein and thereon pipelines and all other
appurtenant equipment needed and necessary to deliver gas in,
out of, and through said City and to sell gas to persons,
• firms, and corporations, including all the general public,
within the City corporate limits, said consent being granted
for a term of twenty-five (25) years from and after the date of
the final passage and approval of this ordinance.
SECTION 2. Company shall lay, maintain, construct, oper-
ate, and replace its pipes, mains, laterals, and other equip-
ment so as to interfere as little as possible with traffic and
shall promptly clean up and restore to an approximate original
condition, at its cost, all thoroughfares and other surfaces
which it may disturb. The location of all mains, pipes,
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 bar-
riers 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 mainte-
nance of the gas distributing plant or system of Company,
Company shall indemnify and keep harmless City from any and all
liability in connection herewith. Company shall repair, clean
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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
consumer's premises. Company shall own, operate and maintain
all service lines, which are defined as the supply lines
extending from the Company's main to the Customer's meter where
gas is measured by Company. 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 customer meter to the point
of connection with consumer's house piping.
SECTION 5. Company shall not be required to extend mains
on any street more than fifty (50) feet for any one consumer of
gas.
• SECTION 6. Company shall be entitled to require from each
and every consumer of gas, before gas service is commenced, a
deposit in an amount calculated pursuant to the Company's
Quality of Service Rules as may be in effect during the term of
this franchise. Said deposit shall be retained and refunded in
accordance with the Quality of Service Rules and shall bear
interest, as provided in Tex. Rev. Civ. Stat. Ann. art. 1440a
(Vernon Supp. 1985). 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 adequate
service to the public at reasonable rates and charges therefor;
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and Company shall maintain its property, equipment, and appli-
• ances 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
April, 1986, and on or before the same day of each succeeding
year during the life of this franchise, the last payment being
made on the 1st day of April, 2010, a sum of money which shall
be equivalent to four percent (4$) 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 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 franchise 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.
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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 institu-
tions owned or operated directly or indirectly by said govern-
ments and branches or subdivisions 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 consumes," as herein used are those
generally and commonly classified as such by Company.
The payment herein provided shall be for the period
January 1 to December 31 of the respective year that the
payment is made.
SECTION 10. When this franchise ordinance shall have
become effective, all previous ordinances 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 and 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 this the 9th day of December ,
A.D. 19 85 .
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ATTEST:
l ~ ~ C
~
City Secretary ~ ~ Mayor
Ci y of Richlan Hills, Texas
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EXTRACT FROM MINUTES OF
• THE CITY COUNCIL OF RICHLAND HILLS, TEXAS
The City Council of the City of Richland Hills, Tarrant
County, Texas, convened in Regular session on the 9th
day of December 1 9~
,mat -'Ti~6 P.M. , with the follo niw
g
persons present:
Mayor: David L. Ragan
Councilmen: Oliver Pettit
(Ccmrnri-S~ivcrEtrs : )
~ p,-ir-~ Tom Harvey
Dr. A.C. Donohoo
Dorothy Hurdle - Councilwoman
Absent: Bruce Auld
A quorum being .present, came on to be read and considered Ordi-
nance No. 550 granting to Lone Star Gas Company, a Division
of ENSERCH CORPORATION, a Texas corporation, a franchise to
furnish and supply natural gas to the general public in the
• City of Richland Hills, Texas, for the transporting, delivery,
sale, and distribution of gas in, out of, and through said
municipality for all purposes. On motion made by Oliver
Pettit and seconded by Tom Harvey ,
which carried unanimously, the City Council voted to pass said
franchise ordinance and to record same at length in these
minutes.
STATE OF TEXAS §
COUNTY OF TARRANT §
CITY OF RICHLAND HILLS §
I~ Pauline Kempe , City. Secretary of the City of
Richland Hills, Texas, do hereby certify that the above and
foregoing is a true and correct copy of the proceedings of the
City Council of the City of Richland Hills, Texas, at a Req•
session, held on the gth day of December 1985 in
connection with the passage and adoption of Ordinance No.
550 granting a franchise to Lone Star Gas Company
and that the same is of record in Book 4 page n/a of
the Minutes of the City Council.
WITNESS MY HAND AND SEAL OF SAID City, this the 11th day
of December , A.D. 19 85.
City S cretary
City of Richland Hills, Texas
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STATE OF TEXAS §
• COUNTY OF TARRANT §
CITY OF RICHLAND HILLS §
I, Pauline Kempe , City Secretary of the City of
Richland Hills, Tarrant County, Texas, do hereby certify that
the above and foregoing is a true and correct copy of an
ordinance passed by the City Council of the City of Richland
Hills, Texas, at a Regular session, held on the 9th day of
December 19 85 as it appears of record in the
Minutes of said City , in
Book 4 , page n/a
WITNESS MY HAND AND SEAL OF SAID City, this the 11th day
of December A.D. 19 85.
i
City Secretary
City of Richland Hills, Texas
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