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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