HomeMy WebLinkAboutOrdinances (O-88-673)-03/21/1988
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0-88-673
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ORDINANCE NO.
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 'l'HE GENERAL PUBLIC IN THE CITY OF
COLLEYVILLE, TARRANT COUNTY, TEXAS, FOR THE
TRANSPORrING, 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 COLLEYVILLE,
TEXAS:
SECTION 1. That the City of Colleyville, Texas,
hereinafter called nCity,n hereby grants to Lone Star Gas
Company, a Division of ENSERCH CORPORATION, hereinafter called
nCompany,n 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 (20)
.years from and after the date of the final passage and approval
of this ordinance.
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, 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 or an authorized committee or agent
appointed by said City. Company shall be required to obtain
permission from the City before open cutting across any paved
street.
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
herewith. Company shall repair, clean up, and resore to an
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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, the Company may make and enforce reasonable charges,
rules and regulations for the service rendered in the conduct of
its business including a charge for service rendered in the
inauguration of natural gas service, and may require, before
furnishing service, the execution of a contract therefor. The
Company shall have the right to contract with each customer with
reference to the installation of, payment for any and all of the
gas pipe, and from the connection thereof with the Company;' s
main streets or alleys to and throughout the customer's premises.
,Said 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
the Company. The Company shall be obligated to extend its
service lines not more than one hundred feet (100') from the
property line of the property upon request of the customer. The
customer 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 the 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 one hundred feet (100') for anyone
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 such Quality of Service Rules and shall bear
interest, as provided in Tex. Rev. Civ. Stat. Ann. art 1440a
(Vernon Supp. 1988) as it may be amended from time to time.
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;
and Company shall maintain its property, equipment, and
appliances in good order and condition.
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SECTION 9. Company, its successors and assigns, agrees
to pay and City agrees to accept, on or before the 1st day of
April, 1989, 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, 2009, a sum of money which shall be
equivalent to two percent (2%) of the gross receipts received by
Company up to April 30, 1988 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
governmental and industrial users and consumers in said City) and
four percent (4%) for the balance of the 1988 calendar year from
the sale of gas to its domestic, commercial, and industrial
customers, and a sum of money which shall be equivalent to four
· percent (4%) of said gross receipts for each preceding calendar
year thereafter from the sale of gas to its domestic, commercial,
and industrial customers, 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 the 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 I s
obligations, if any, to pay any such taxes, licenses, charges,
fees, rentals, easement or franchise taxes for charges.
In order to determine the gross receipts received by Company
from the sale of gas (expressly excluding the sale of gas to
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,
commercial and industrial 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.
Ordinance 0-88-673
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
branches or subdivisions thereof, such as schools, colleges,
hospitals, eleemonsynary institutions, army. or training camps,
airports, courthouse, city hall, and other institutions of like
or similar kind and character.
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 did; day of WztJ./ul j(; ,
A.D. 1988.
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City Secre
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Mayor
City of Colleyville, Texas
APPROVED AS TO FORM AND LEGALITY:
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Ross T. Foster,
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City Attorney
UrQlnanc~ U-tltl-o/J
STATE OF TEXAS
COUNTY OF TARRANT
CITY OF COLLEYVILLE
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I, cI~O~ , city Secretary of the City of
Colleyville, 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 COlleYVille~Texas, at
a ~~ session, held on the c:; / / day of
y I/.~ , 1988, as lt appears of record ln the Mlnutes
in Book , page
WITN~ MY,H)fD AND SEAL OF SAID CITY, this the
day o~~~ ' A. D. 1988.
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City of Colleyville,Texas
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EXTRACT FROM THE MINUTES OF
THE CITY COUNCIL OF COLLEYVILLE, TEXAS
~ity of colleyville, Tarrant c/o~ty,
k- seSSlon on the c:l '/
day of , 1988, at 7: 33 PM., with the
following persons present:
Mayor:
,~uJ2 ryiJ;kJr.J}
Councilmen:
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Absent:
A quorum bei~ ares~nt, came on to be read and considered
Ordinance No. rL- 8 8 - fI!. 73 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 COlleyville, Texas, for the transporting,
delivery, sale and distribution of gas in, out of, and through
s .d mun'cipality r a pu poses. On motion made by
, . . and seconded by
which carried unanimously, the City
the Ordinance and to record same at
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STATE OF TEXAS
COUNTY OF TARRANT
CITY OF COLLEYVILLE
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<feU)~ ~, City Secretary of the
City of Colleyville, 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 Colleyville, T~S, at a
_-JzJ~J(.Lr-/J session, held on the d I / day of
Y-f l~ , 1988, in connection with the passage and
adoption of Ordinance No. ~ granting a franchise to Lone
Star Gas Company and that the same is of record in Book
, page of the Minutes of the City Council.
I,
~Y HAND :N~.:~A~9~:.SAID CITY, this the
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City of Colleyville, Texas
<1~ay of
STATE OF TEXAS
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COUNTY OF DALLAS
WHEREAS, there was finally passed and approved on March 21,
1988, O~dinance No. 0-88-673 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 Colleyville, Tarrant County, Texas, for the
transporting, delivery, sale and distribution of gas in, out of
and through said municipality for all purposes, which is recorded
in the Minutes of the City Council of said City; and
WHEREAS, section 11 of said ordinance provides as follows:
"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."
AND, WHEREAS, it is the desire of Lone Star Gas Company, a
Division of ENSERCH Corporation, the holder of the rights,
privileges and grants under the aforesaid franchise ordinance, to
comply with the above-quoted provisions of Section 11 thereof.
NOW, THEREFORE, premises considered, Lone Star Gas Company,
a Division of ENSERCH corporation, acting 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
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.
WITNESS THE EXECUTION HEREOF, on this the
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day of
, 1988.
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LONE STAR GAS COMPANY, A
DIVISION OF
ENSERCH CORPORATION
ATTEST:
STATE OF TEXAS ~
COUNTY OF TARRANT ~
CITY OF COLLEYVILLE ~
I, c;/J U- ~. city Secretary of the
City of Colleyvi1le, Texas, do hereby certify that the above and
foregoing is a true and correct copy of a formal acceptance of a
franchise ordinance finally passed and approved by said City on
March 21, 1988, and of record in the Minutes of the City; and I
do further certify that said acceptance has been duly presented
to the City Council and filed in connection with and as a part of
said franchise ordinance.
OF WHICH, witness mY/7official
ci ty on this the d /P +fr) day of
,
Sig~ V the seal of said
, 1988.
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City of colleyville, Texas