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HomeMy WebLinkAboutOrdinances (099)-09/16/1957 ~~ ORDINANCE NO. 99 AN ORDINANCE GRANTING TO THE TARRANT UTILITY COMPANY, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO FURNISH WATER WITHIN THE TOWN OF COLLEYVILLE, TEXAS, AND FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF COLLEYVILLE, TARRANT COUNTY, TEXAS: Section I. THAT the Town of Colleyville, Texas, hereinafter called Town, hereby grants its consent to the use of its present and future streets, alleys, highways and public grounds to the Tarrant Utility Company, a Texas corporation, hereinafter called Company, within the corporate limits of Colleyville for the purpose of constructing, maintaining and operating its water system including its mains, pipes, conduits, and other distributing appliances necessary and proper for the conducting and furnishing of water service for public and p!'ivate use to said Town and its inhabitants. Section 2. THE te!'m of this g!'ant shall be for a period of thi!'ty (30) years. Section ). ALL mains, lines and appliances shall be so const!'ucted as to not unreasonably interfe!'e with the traffic on streets and alleys, and system shall be laid not less than eighteen (18) inches under the su!'face of the street. All said mains and appurtenances shall be installed and maintained in a good workmanlike manner. Section 4. THE Company ag!'ees to restot'e any street or othet' public place which is necessat'y to b!'eak ot' open for the erection, con- struction, extension ot' maintenance of its system to its former condition in accot'dance with the requi!'ements of the o!'dinances of Town. Company assumes all liability which may be occasioned as a !'esult of the bt'eaking o!' opening of any street ot' public place and the failu!'e to p!'operly t'esto!'e same, and in this connection the said Company will hold and save the Town harmless from any and all claims, causes of action o!' damages resulting f!'om. ot' in connection with, the opening o!' b!'eaking of any of said streets or public places. . - ~ Section 5. Company shall not be required to pay any tax on its water system, either ad valorem or franchise, until such time as there are three hundred (300) consumers connected to such system, after which time Company shall pay to Town, in lieu of all other taxes on said water system, an amount equal to two per cent (2%) of the gross receipts received by the Company from the sale of water to its domestic and commercial customers within the limits of said Town. Said amount shall be paid on or before January 15 and July 15 of each year covering said amount due during the six-months period prior to the first day of January and July, respectively. Section 6. EACH family unit living as such shall have one (I) water connection, for which there will be a charge of $ 100.00 paid to Company. For such connection charge Company agrees to extend its lines for a distance not to exceed 100 feet per consumer, providing such line can be laid on Town property. Should this distance per customer be more than 100 feet, the remaining construction costs shall be paid by the consumer or consumers requesting services at the rate of $ 1.00 per foot. For a period of five (5) years after such extension has been made, if additional individual consumers are connected to this particular section of line. Company agrees to refund to the consumer or consumers originally making the request for services the sum of $ 75.00 for each connection until the amount advanced in excess of the usual $ 100.00 connection fee has been repaid in full. Such additional individual consumers shall not include extensions to or from said line. Such refunds shall be made on the first day of January and July during the said five-year period. In the event it is necessary to lay water lines across private property, the same charges as above specified shall be made together with the actual oost of acquiring such easement. Section 7. THE franchise herein granted shall never be carried on the books of Company at a value in excess of One Dollar ($l.OO), nor shall any value be attached thereto in excess of said sum for any purpose. Section 8. THIS ordinance shall become effective upon its acceptance by the Tarrant Utility Company. M2~ .- ~ - 4t PASSED AND APPROVED, this the l6th day of September, A.. D. 1957. APPROVED: - Jce: ...... ' i '. f1 ,"'~ <, .( /L ~I d- ( /MAYOR J Now comes the Tarrant Utility Company, a corporation. and accepts all the terms and conditions of the above ordinance and agrees to abide by and be bound by all the terms and conditions of said ordinance. TARRANT UTILITY COMPANY, a corporation by President ATTEST: THE STATE OF TEXAS COUNTY OF TARRANT I I BEFORE ME, the undersigned authority, in and for the County and state aforesaid, on this day personally appeared , known to me to be the person and officer whose name is subscribed to the foregoing instrument as President of Tarrant Utility Company, a corporation and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the oapacity therein stated, and as the act of said corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE this September, A. D. 1957. day of Notary Public in and for Tarrant County, Texas. ...)...