HomeMy WebLinkAbout1952-02 - SOUTHWEST NATURAL GAS • '
AN cliAsitiFfs
AN ORDINANCE GRAJITING TO SOU7WWIST NATURAL GAS COMPANY, A OELAilAhL
CORPORATION WITH A PERMIT FROM 'TIM STATE OF TEXAS TO DO BUSINESS
11 TIE STATE OF TEXAS ITS SUCCI S Alba ASSIGNS A FRANCIUM 110
FURNISH ASD •SUPPLY GAS TO TIE CENRAL POBLIC /X TIM CIT? OF S SE -
VILLE IRATE COMITY, TEXAS, AND LOIS TSF AIZI TIE
USE OF THE STREETS ALLEYS AND PUBLIC WAYS 1 TIE
MUM_
PURPOSE OF
I AL SUPPLYING GAS TO THE CESESAL PUBLIC IN TRX CITY OF STBPEEN_
VILLE, ERATH COUNT! TEXAS APROVIDING FOR THE P#DIT OF A ?Et
OR CHARGE FOR TSE USE OF THE
STRUTS ALLEYS AND AMUR STATS AND
PROVIDING THAT IT SHALL BE IN LIEU OF OMR FEES AID C II-
CEPTING AD VALOREM TAXES AHD PROVIDING FOR RATES ARD CHARGES FOR
NATURAL GAS AND NATURAL GAS SERVICE.
WEEMS, SOUTHWEST NATURAL GAS COMPANY, a Delaware Corporation
with a ppeermit to do business in Texas, is the holder of a franchise
initiallyted to the Tri. Cities Gas Company, its successors,
lessees aadassigns, by ordinance passed by the City Council of
Stephenville Tres, on the 7th dayof April, 1927, under which it is
now and has distributing, selling and delivering natural gas
to consumers within the corporate limits of the City of Stephenville,
in Erath. County, T+aaaa, and environs; and,
ENEAS, said present franchise, effective for a period of 25
rears, will expire on April 7, 1952, and it is the desire of the
Southwest Natural Gasof
mpa to ask for a new franchise for a period
�
of 25 years to besene efffective from and after the aforesaid expir-
ation date of said present tremblse;
BE IT ORDAINED BY THZ CITY COUNCIL OF THE CITY OF :$TE?MENYILLE, TEXAS:
Section. Qn:e
That the City of Stephenville, Texas, here nafter called *city*,
hereby grants to Southwest Natural Gas Company, hereinafter called
"Company* its successors and assignsconsent to use and occupythe
present and future streets, alleys, highways, public places, puic
thoroughfares and grounds of City for the purpose of laying, maintain.
log, constructing, operating and replacing therein and thereon pipe
lines end all other appurtenant equipment needed and necessary to de-
liver and sell gas to persons, firms and corporations, including
all the general public, within the City's corporate li :ts and the
environs thereof, said consent being granted for a term of 25 years
from and after the da t,e of the expiration of the present franchise
under which the Southwest Natural Gas Company is now operating and
distributing gas in the City of Stephenville Texas, said present
franchise having been originally granted to the Tri Cities Gas Company
by ordinance passed by the City Council of Stephenville, Texas, on
the 7th day of April, 1927, and which said present franchise was for
a period of 25 years and will expire on April, 7, 1952. The rights
granted to the said Southwest Natural Gas Company under this section
and for the purposes provided in this section shall also include the
44401 to cont.iM., for the period amt erised by this !mashies, the
use and operation of its pipe lines and all other appurtenant equip-
ment as now located, operated and maintained in said City of Stephen-
ville, Texas.
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
a�a
restore to an approximate original ee nditton at its cost, all
thoroughfares and other other sarfases whic it nay disturb. The
location of ali l mains, pipes laterals, and other appurtenant equip-
ment, hereafter ] i may he h'ia t der the supervision the City
t4-\ p0AN
Council or an authorised committee or agent by said Council.
1104911-21131
«Then 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 Cempamy, Company shall indemnify and key harmless city from any
and al liability in connection therewith. +_ shall repair,
clean up and restore to an approximate original sandals' all
streets and alleys disturbed during the construction and repair of
its gas distribution system.
0-0104%
Company shall have the right to make and enforce all reasonable
and needful rules and regulations in the conduct of its business,
and may require, before furnishing gas and aervicee, the execution of
a contract thsersibr.
_ st tion
Companyshall not be required to extend mains on any street
more than 'lafeet for any one consumer of gas.
Aps $1x
Company shall be entitled to require from each and every con-
sumer of gas Weregas service is iced a deposit of twice
amount of an estimated average monthly billwhich said dee-
posit may be retained by C ops , until service is discontinued and
all bills therefor have been R Company shall then return said
deposit to the consumer, together withper cent interest thereon
fr+rm the date of said deposit to the date of discontinuance of
service. Company shall be entitled to apply said deposit, with
accrued interest to any indebtednessowed company by the consumer
making the deposit.
„pct o , even
Company shall furnish reasonable 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.
ec t on pit
Company, its successors and assigns, agrees to pay and City
agrees to accept, on or before the let day of ?ebruary, 1953, and
on or before the same day of .each suesasding year during the life
of this franchise up to and including the year 1977, a sum of money
which shall be emquivalent to 2 percent of the gross receipts received
by Company from the sale of gas to its domestic and commercial ann.
, .ANNWOLuttLia the city limits of and City (espres.ly excluding.
noeaver, receipts derived from sales to industrial and governmental
users and consumers in said city) for the preeedin7 calendar year,
which annual payment shall be for the rights and privileges
granted to Company, includingexpressly, without limitation, the
right to use the streets, aeys 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 additional occupation taxes, ease-
ment 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 ren-
tals or charges, and of all other and additional municipal taxes,
charges, levies tees and rentals of whatsoever kind and character
which City may impose or hereafter be authorized to levy and collect,
excepting only the usual general or special advaloreem taxes, which