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0571 ORDINANCE NO. 571 A/~ ORDINANCE GRANTING A FRANCHISE TO LONE STAR GAS COMPANY, A DIVISION OF ENSERCH CORPORATION, IT SUCCESSORS AND ASSIGNSt TO FURNISH AND SUPPLY NATURAL GAS TO THE GENERAL PUBLIC IN THE CITY OP SOUTHLAKEt TARRANT COUNTY, TEXAS, FOR THE TRANSPORTING~ DELIVERY· SALE~ AND DISTRIBUTION OF NATURAL GAS IN~ OUT OF, ~%ND THROUGH SAID MUNICIPALITY; PROVIDING FOR THE PAYMENT OF A FEE OR CHARGE FOR THE USE OF THE STREETS· ALLEYS AND PUBLIC WAYS; REPEALING ALL PREVIOUB NATURAL GAS FRANCHISE ORDINANCES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake is a home rule city acting ~ader its charter adopted by the electorate pursuant to Article XI, S;ection 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council of the City of Southlake desires to enter into a franchise agreement with Lone Star Gas Company for the furnishing and supplying of natural gas to the general public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF Southlake, TEXAS: SECTION 1 That the City of Southlake, Texas (hereinafter referred to as "City') hereby grants to Lone Star Gas Company, a Division of ENSERCH CORPORATION (hereinafter referred to as "Company"), its successors and assigns, consent to use and occupy the present and future streets, alleys, highways, public easements and public thoroughfares, and grounds of City for the purpose of laying, maintaining, constructing, using, operating, and replacing 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 loneBtar, orl ( 112592 ) public, within the City corporate limits, and consent being granted for a term of twenty (20) of this ordinance. years from and after the effective date SECTION 2 Except for in the event of an emergency, Company shall provide advance notice to City for any work to be done within the public right-of-way. The location of all mains, pipes, laterals, and other appurtenant equipment to be located in the public right-of-way shall be fixed under the supervision of the City or an authorized committee or agent appointed by said City. Before Company extends or replaces its existing mains in the public right-of-way, it will file with the city a written work description including sketched drawings, showing the pipe material type, location, estimated depth and size of lines and the estimated date and time of all construction activity. Construction plans shall be reviewed by appropriate City staff and returned with any comments within ten (10) working days. Company shall not commence work until plans are approved by the City or until the plans have been on file with the city for more than 10 working days. For emergency repairs, the City shall be notified within a reasonable time. SECTION 3 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 its approximate original condition, at its cost, all thoroughfares and other surfaces which it may disturb. All construction work shall meet federal, state, and city rules and regulations in existence at the time any work is undertaken, and lonestar.or 1 ( 112592 ) Company shall warrant their repairs and restoration of any streets, thoroughfares or alleys. SECTION 4 When Company shall make or cause to be made excavations or shall place obstruction in any street, alley, or other public place, the public shall be protected by barriers, lights, and signs, which shall be placed, erected, and maintained by Company. Ail construction and maintenance signs and barricades at work sites shall be consistent with the standards and provisions of the Texas Manual on Uniform Traffic Control Devices. SECTION 5 Company shall at its own cost and expense, without claim for reimbursement or damages against the City, when requested by the City, lower, relocate, or relay existing gas mains or street service lines located in City right-of-way where necessary due to any street construction or reconstruction by or on behalf of the City. When Company is required to relocate its mains, laterals, and other facilities to accommodate construction, and: (1) the relocation is the result of a construction or improvement to the Federal-Aid System (or any successor thereto); and (2) Company is eligible for reimbursement for its costs and expenses incurred as a result of such construction and improvement from the Federal Government or the State of Texas, as permitted by law pursuant to any reimbursement program; and (3) City requests reimbursement for costs and expenses incurred as a result of such construction or improvement; then lonestar, orl ( 112592 ) Company's costs and expenses shall be included within any such application for reimbursement, provided that Company submits the appropriate documentation to the City prior to such application, city shall make a reasonable effort to provide sufficient notice to Company to allow the submittal of appropriate cost information to the City. SECTION 6 Company shall indemnify, hold harmless, and defend the City, its officers, agents, servants, and employees, at Company's own expense from and against any and all property loss or damage and/or personal injury, including death, in connection with the use, and operation, construction, maintenance, existence or location of its gas distributing plant or system. SECTION ? 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 Customer'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 Customer shall own, operate, and maintain all yard lines and house piping. Yard lines are defined as the underground ~onestar.orl(112592) supply lines extending from the point of connection with Company's customer meter to the point of connection with Customer's house piping. SECTION 8 Company shall not be required to extend mains on any street more than one hundred (100) feet for any one Customer of gas; provided that no extension of mains is required if the customer will not use gas for space heating and water heating, or the equivalent load, at a minimum. SECTION 9 Company shall be entitled to require from each and every Customer 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 ~uch Quality of Service Rules and shall bear interest, as provided in Tex. Rev. Civ. Stat. Ann. Article 1440a (Vernon Supp. 1989) 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 Customer making the deposit. SECTION 10 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, firm, or corporation for the purpose of furnishing gas for light, heat, and power to and for City and the inhabitants thereof. lonestmr.orl ( 112592 ) SECTION Company shall furnish reasonable and adequate services to the public at reasonable rates and charges therefor; and Company shall maintain its property, equipment, and appliances in good and safe order and condition. Company's property and operations in the City shall be subject to such regulation by the City as may be reasonably necessary for the protection of the general public. SECTION 12 Company, its successors and assigns, agrees to pay and City agrees to accept, on or before the 1st day of June, 1993, 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 June, 2012, 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 residential and commercial customers within the corporate limits of said City (expressly excluding governmental accounts and receipts derived from sales to all other classes of customers in said City) during 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, highways, and public ways of said City. The initial payment for the rights and privileges herein provided shall be for the period January 1 through December 31, 1993, and each succeeding payment shall be for the period January 1 through December 31 of the respective year in which the payment is made. 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 ]onestar-or 1 ( 112592 ) 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 rental 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 to residential and commercial customers 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 12, it will file with the City Secretary Clerk a sworn report showing the gross receipts received from the sale of gas to its residential and commercial customers within said corporate limits during 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. lonestar.orl(l12592) SECTION 13 Company shall not give unreasonable preference or advantage as to the rates of services to anyone with a service classification, nor discriminate against anyone on account of race, color, religion, sex, or national origin. SECTIO~ 14 shall have the option to declare any time for failure of the Company The City Council this ordinance terminated at to comply with any term, condition or provision of this ordinance, in accordance with the following procedures: (a) If the Company continues to violate or fails to comply with the terms and provisions of this ordinance for a period of thirty (30) days after the Company shall have been notified in writing by the City to cure such specific alleged violation or failure to comply, then the city may pursue the procedures set forth below to declare that the Company has terminated all rights and privileges consented to in this ordinance; provided, however, that if the Company is alleged to be in violation of any provision of this ordinance and if the Company commences efforts to cure such alleged violation(s) within thirty (30) days after receipt of written notice and shall thereafter prosecute such curative efforts with reasonable diligence until such curative efforts are completed, then such alleged violation(s) shall cease to exist and this ordinance shall not be declared to be terminated. (b) Any such termination shall be declared only by a written decision of the City Council after an appropriate public proceeding before the City Council, which shall accord Company due process and full opportunity to be heard and to respond to any such notice of lonestar, orl ( 11259~ ) alleged violation or failure to comply. Ail notice requirements shall be met by providing the Company at least an additional fifteen (15) days prior written notice of any public hearing concerning the addition, fifteen (15) of the date, time and members of the public. (c) The City Council, after proposed termination of this ordinance. In days notice by publication shall be given place of any public hearing to interested full public hearing and upon finding a violation or failure to comply may either declare this ordinance terminated or excuse the violation or failure to comply upon a showing by the Company of mitigating circumstances of good cause for said violation or failure to comply. (d) Neither the Company's acceptance of this ordinance, Company's appearance before the City Council at any public hearing concerning proposed termination of this ordinance nor any action taken by the City Council as a result of any such public hearing, including a declaration of termination or a finding of a violation or failure to comply, shall be construed to waive or otherwise affect the Company's right to seek a judicial determination of the rights and responsibilities of the parties under this ordinance. (e) The Company shall not be excused from complying with any of the terms and condition of this ordinance by the previous failure of the City to insist upon or to seek compliance with such terms. SECTION 15 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 ] onestar.or] ( 112592 ) automatically cancelled and annulled, and shall be of no further force and effect. SECTION 16 This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Southlake, Texas, as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 17 It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause sentence, paragraph or section unconstitutional by the competent jurisdiction, of this ordinance shall be declared valid judgment or decree of any court of such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 18 Ail rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of any ordinances affecting natural gas franchises which have accrued at the time of the effective date of this ordinance; accrued violations and all pending litigation, criminal, whether pending in court or not, under and, as to such both civil and such ordinances, lonestar .orl ( 112592 ) same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 19 In order to accept this franchise, Company must file its written acceptance of this franchise ordinance within sixty (60) days after its f~nal passage and approval by said City. If this franchise ordinance is not accepted by Company within sixty (60) days, the franchise ordinance shall be rendered null and void. SECTION 20 This ordinance shall become effective on December 5, 1992, provided that prior to December 5, 1992, Company's written acceptance is filed with the City. If Company's written acceptance is filed with city after December 5, 1992, this ordinance shall become effective on the date Company's written acceptance is filed with the City. PASSED AND APPROVED ON THE 1ST READING THE // DAY AT,ST: SECRETARY OF PAS ED AND APPROVED ON TH / DAY OF · . , 1992 · YOR / lonestar, orl ( 112592 ) ATTEST: QI~Y SECRETARY APPROVED AS TO FO~M AND LEGALITY: City Attorney Date: ~DO~TED: I~ -/-~ ioneBtar.orl(112592) STATE OF TEXAS COUNTY OF DALLAS WHEREAS, there was finally passed and approved on December 1, 1992, Ordinance No. 571 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 Southlake, 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 19 of said ordinance provides as follows: "SECTION 19: In order to accept this franchise, Company must file its written acceptance of this franchise ordinance within sixty (60) days after its final passage and approval by said City. If this franchise ordinance is not accepted by Company within sixty (60) days, the franchise ordinance shall be rendered null and void." 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 19 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 19 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 day of ATTEST: Asfs~t§nt ~[~cfetary LONE STAR GAS COMPANY A DIVISION OF ENSERCH CORPORATION Vic~/President STATE OF TEXAS § COUNTY OF TARRANT § CITY OF SOUTHLAKE § I, ,4~./~/~.~.t/.ok ~,~¢¢¢L.cL~ City Secretary ofthe City of Southlake, 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 oh December 1, 1992, 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 official signature and the seal of said City on this the / City Secretary City of Southlake, Texas 2 tort Worth Star=lelegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 HE STATE OF TEXAS unty of Tarrant Before me , a Notary Public in and for said County and State , this day personally appeared UUSSEL Billing Specialist for the Fort Worth Star-Telegram , published by the Star-Telegram Inc . at Fort Worth, in Tarrant County, Texas ; and who , after being duly sworn, did depose and say that the following clipping of an advertisement was published in the above named paper on the following dates : TOTAL DATE AD INVOICE NO. DESCRIPTION AD SIZE RATE AMOUNT INCH'LINE DEC 04 6982248 ' CL . 358 1X67 L 67 . 40 26.80 Dec 4 ANANINO71 RDINANCETINGE P . O . # 571 FRANCHISE TO LONE STAR GAS COMPANY, A DIVISION OF EN- SERCH CORPORA- TION ITS SUCCESSORS AND ASSIGNS TOFUR- NISH AND SUPPLY NATURAL GAS TO THE GENERAL PUBLIC IN THE CITY OF SOUTH- COUNTY TEXAS FOR THE TRANSPORTING, ANIDSRTDITIBU ON OU NATURALO GASAANND THROUGHIPALITSAIDOVID- CIPALITY; PROVID- ING FOR THE PAY- SIGNED 1J0-4, (3ec't/"AC'Ij IENTOFAFEEOR THESFTOREETS.AL AND SWORN TO BEFORE ME , THIS THE 8Th AY OF DECMBER, 1992 YSAREPEAL�ING NOTARY PU ALL PREVIOUS NATU- RAL GAS FRANCHISE ORDINANCES PRO- C�C VIDING THAT T'HISOR- DINANCE SHALL BE =- m... TARRANT C TY, TEXAS CUMULATIVE OF ALL -'�� � .;y��F g w•L ORDINANCES PRO- VIDING ASEVLRABIL- --Vr!�1' I, ITY CLAUSE;PROVID- ING A SAVINGS .............. ,.2 ,�,�... ...'1+¢{•rcC,'£1--r,V1.(1.-5 CLAUSE-ANDPROVID- r • >' %L.� ING TE N EFFECTIVE 4s, i .• ,(.i`t `` 1 )'_ j9 +.. 9 SECTION 20 ._��4,1\9:Ei.o, �- ... r,.-,.,-.E-..r. This ordinance shall be- come effective on December 5_ 1992,provided that prior to December 5,1992,Company s written acceptance Is filed with the City. If Company's _ - writith Citacceptance efte�nceeeris fileder , -TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT 1992,this ordinance shall be- come effective on the date Company's written accept- ance d EAPDtIN THIS REMIT TO : 400 W . SEVENTH, FW, TX 76102 THE 1st DAY OF INGTHI DECEM- F1st DAY OF Q�Qy 9g Gary Fickes, REMIT TO: I► T Rairin 1-2051 Ma or L.LeGrouth I ande ATI�EST: Sandra LeGrand City SecretaryACCOUNT AMOUNT Approved as to form:E.Allen Taylor,Jr. NUMBER C I T 5 7 DUE 26 . 80 City Attorney PAGE bF I . CITY OF SOUTHLAKE ORIGINA 667 N CARROLL AVE PLEASE PAY hi, 26 . 80 SOUTHLAKE TX 76092-8898 THIS AMOUNT ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Telegram , 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 —IE STATE OF TEXAS runty of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared SUE RUSSELL Billing Specialist for the Fort Worth Star-Telegram, published by the Star-Telegram Inc . at Fort Worth, in Tarrant County, Texas ; and who, after being duly sworn , did depose and say that the following clipping of an advertisement was published in the above named paper on the following dates : TOTAL RATE AMOUNT DATE AD INVOICE NO. DESCRIPTION AD SIZE INCH!LINE 1 NOV 20 6975898 CL . 358 1X60 L 60 '. 40 24 . 00 Nov 20 NOTICE OF PUBLIC HEARING P . O . # 571 NOTICE is hereby given to all Interested persons that the CI- I ty Council of the City of South lake Texas,will be holding a i oub(ic hearing during the 'Regular Citn Dy Council eetin toecemberm1,1 at 7:00 .m., Southlake City Hall,66/ North Carroll Ave- nue,Southlake,Texas. ;Purpose of the hearing is to I consider the second readingof - -.the following ordinance: ORDINANCE NO.571 AN ORDINANCE GRANTING FRANCHISE TO LONE A STAR GAS COMPANY, A DIVISION OF EN- s F NC T SUCCE SORB SIGNED ��- --_t'''C' .if / DASSIGNS TOFUR- SH AND SUPPLY AND SWORN TO BEFORE ME , THIS THE 20Th DA of NOVE ER 1992 TURAL GAS TO THE , NERAL PUBLIC IN NOTARY PUBLIC - ` -- THE CITY OF SOUTH- a y�� - - - LAKE TARRANT \ ,\` COUNTY,N FOR v A �r THE TRANSPORTING, /` DELIVERY, SALE TARRANT COUNTY, OF AND GAS ION 'sx-"b �y'YJ''v��� OUT O F A N d ,�„4,e,ou KATHRYN 1. SPENCER THROUGH SAID MUNI- ay.:•pe CIPALITY; PROVID- -7 • ING FOR THE PAY- Sa` -nt PIRE- MENT OF A FEE OR %?'I/ .�COMMISSION EX CHARGE FOR THE USE ��•': • 199y OF THE STREETS AL- LEYS AND PUBLIC ���-'- WAYS, REPEALING 1 ��,F.af I_L PREVIOUS NATO- s W_ + ",W L GAS FRANCHISE • DNGTHAT iH SOR- .NANCE SHALL BE — -CUMULATIVE OF ALL OORDI IN A CES- PRO- -TEA ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT ITY CLAUSE;PROVID- ING A SAVINGS CLAUSE;ANDPROVID- DATE N EFFECTIVE REMIT TO : 400 W . SEVENTH, FW , TX 76102 City of Southlake Sandra L.LeGrand CitvSe WorthStar.Telegram .,,,,c„ [ , 1g6(X5<�q{(l�G{yh�/7kil(�9y7X1�1-2051 Port /171JIT /—l^T /l/l/l ^^ ACCOUNT AMOUNT 6975898 NUMBER CIT57 DUE 24 . 00 PAGE k 1 CITY OF SOUTHLAKE ORIGINAL 667 N CARROLL AVE IPLEASEPAY 24 . 00 SOUTHLAKE TX 76092-8898 THIS AMOUNT ► ATTN: SANDY LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED