0148
°4 A.
AN ORDINANCE GRANT11M TO LONE STAR GAS COMPANY, A CORPORATION,
ITS SUCCESSORS AND ASSIGNS, A TU MTY-rivE (25) YEAR FRANCIIISE
TO IW%NISII AND SUPPLY GAS TO TILE GINTERAL PUBLIC IN THIS CITY Or,
SOUTMIIuWE, TARRANT COUNTY, TEXAS; PROVIDTiMG THAT TIME COMPANY'S
OP? kTIONS SHALL BE SUBJECT TO CITY REGUTATIONS; PROVIDLNG FOR
CMFMTY TO ERE CT BARRIERS AND TO HOLD TIIE CITY HAMN1LE, SS FROM
ANY LIABILITY IN CONNECTION WITH A STREET MCCAVATICN; PROVIDING .
FOR MiI'M TO HOLD CITY IIILRMI.ESS FOR ANY ACT OF NEGLIGENCE;
PROVZDMG FOR A NON-EXCLUSIVE FRANCHISE; PROVIDING FOR C02e=
TO CONTRACT ~=H CUSTOINERS; PROVIDING FOR COI TANY NOT TO BE
REQU TO ~ ~ ~ TD TIIEIR LINES MORE THAN ONE HUNDRED (100)
F]E- T; PROVIDING FOR THE PA=T OF A I= OR CHARGE FOR TIME
USE OF THE STREETS, ALLEYS AND PUBLIC WAYS; PROVIDING FOR
Z'ORCEiNiTT OF PROVISIONS AND DECLARING AN EMERGENCY.
By IT ORrkIXM BY THE CITY COUNCIL OF THE CITY OF SOUTHLAM:
SECTIO'T 1. That the City of Southlake, Texas, a municipal corpora-
tion situated in Tarrant County, Texas, hereinafter called "City,"
hereby grants to Lone Star Gas Company, a utility company authorized to
do business in the State of Texas, hereinafter called "Company," its
successors and assigns, consent to use and occupy the present and future
streets, dedicated utility easements, alleys, highways, public places,
public thoroughfares and grounds of City for the purpose of laying, main-
taining, constructing, operating and replacing therein and thereon pipe
lines and all other pertinent equipment needed and necessary to deliver
and sell gas to persons, firms and corporations, including all of the
general public within the City of Southlake's corporate limits and the
environs thereof, said consent being granted for a term of twenty-five
(25) years from and after the date of the final passage and approvesl of
this ordinance.
SECTION' 2. Company shall lay, maintain,, construct, operate and
njjlaea ita pip@9) ML10 lCb'liblalo mid ou110 ? 0(],ulpr1nit Go ao to 111'l orT0Z'0
as little as possible with traffic and shall promptly clean up and restore
all. thoroughfare streets and other surfaces which it may disturb to their
original condition. The location of all mains, pipes, laterals and other
appurtenant equipment shall be fixed under the supervision of the City
Council or an authorized committee or agent appointed by said Council.
Before the Company shall be authorized or required to extend, repair or
re-lay its existing gas mains or street service lines, or open any street, .
there sha17 be filed with the authorized agent of the City Council a
written statement showing the nature and character of the extensions pro-
posed to be made; provided, however, Company may make emergency repairs"
and replacements without prior filing with the authorized agent of the
City Council, but shall: file a written statement promptly thereafter.
Co:;;pany at its own cost and expense, and at the City's request, and
for the City's benefit, shall lower, relocate or re-lay existing gas
or street service lines where necessary due to the lowering of
street grades by the City, closing of street, or work in or under the
City's streets by the City, but Company shall have no such obligation
therefor where the request by the City is made for the purpose of
enabling any other person, firm, corporation or governmental authority
to use the streets, alleys, highways and public places of the City, or
to use the land theretofore used for streets, alleys or highway pur-
poses.
SECTION 3. Company's property and operations in the City shall
be subject to such regulations by the City as may be reasonably neces-
sary for the protection of the general public.
SECTION 4. When Company shall make or cause to be made excava-
tions or shall place obstructions in any street, 611ey or other public
place, the public shall be protected by barriers and lights placed,
erected and maintained by Company; and at the City's request and instance
the Company shall furnish flagmen to direct and help direct the traffic '
around said barriers when traffic conditions reasonably so require; 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 hold harmless
the City from any and all liability in connection therewith. The Company
shall repair and clean up and restore to the original condition all
streets and alleys disturbed during the construction and repair of its
gas distributing system.
SECTION 5. Company shall hold the City harmless from all expense
or liability for any act of negligence of the Company hereunder or for
any act of trespass; auisa Qe, or talcina or damaGi4g of property of the
Company.
SECTION 6. 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
-~ri.th 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 consumer's premises. Com-
pany shall own, operate and ma.iatain all service lines which are defined
as the supply lines from the Company's main to the consumer's property
line whn mains are located in the streets and to the consumer's prop-
erty line where mains are located in the alleys. Consumer shall otim,
operate and maintain all yard lines and house piping. Yard lines are
defined as the underground supply lines extending from the point of
._~oiulection with Company's service line to the point of connection with
consumer's house pipin-.
SECTION 7. Company shall not be required to extend mains on any
street, alley or easement more than one hundred feet (1001.) for any
consumer of gas.
SECTION 8. Company shall be entitled to require from each and
every consumer of gas, before gas services commence, a deposit of
twice the amount of an estimated average monthly bill, which said
deposit may be retained by Company until services are discontinued
and all bills therefor have been paid, Company then shall return said
deposit to the consumer, together with six percent (6%) interest
thereon from the date of said deposit until the date of discontinuance
of service. Coy,. any shall be entitled to apply said deposit,with
accrued interest, to any indebtedness owed Company by the consumer
making the deposit.
SECTION 9. The rights, privileges and franchises granted by
this ordinance are not to be considered exclusive, and the City
hereby expressly reserves the right to grant, at any time, like privi-
leges, rights and franchise 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 the City and the inhabitants thereof.
SECTION 10. Company, its successors and assigns, agrees to pay
and City agrees to accept on or before the first day of June, 1968,
and on or bofore tho samo day.of each sueccoding year durinZ the life
of this franchise, up to and including the year 1992, 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 all its consumers within
the corporate limits of said City, including but not limited to resi-
dential and commercial uses, industrial, governmental and municipal
uses for the preceding calendar year. Such payment shall be made by
Company and accepted by City as f )M payment for Company's privileges
of using and occupying the streets, alleys, highways, easements and
public ways within the City and of other fees connected with that use,
such as -rentals, supervision, inspection and occupation charges in
lieu of license and inspection fees, street and alley rentals. .(Except-
ing only general or special ad valorem taxes which the City is author-
ized to levy and impose upon real or personal property or any sales
j
l
' tax that the City may in the future be authorized to levy.) The pay-
ment herein provided shall be for the twelve (12) months preceding
Jwze 1, of the year in which payment is made.
j
In order to determine the gross receipts received by Company from
`',he sale of gas within the corporate limits of City, Company agrees
that on the same date that payments are made as provided in the preced-
ing paragraph, that it will file with City Secretary a sworn report
showing the gross receipts received from the sale of gas to its customers
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
said Caupany examined by representatives of City to ascertain the cor
rectness of the sworn reports agreed to be filed herein.
SECTION 11. The City reserves to itself the right and power at
times to exercise, in the interest of the public, full regulation
and control to insure the rendering of efficient public service at
reasonable rates, and the maintenance of Company's property in good
repair throughout the term of this franchise: The failure of the
grantee to comply with the terms of this franchise after due notice
and hearing and the providing of an adequate time for Company to comply
with said terms shall entitle the City to compel compliance by suit
in any court of competent jurisdiction and upon culmination of the
suit, if the Company still fails to comply with the terms of the fran-
chise, the City may compel compliance under penalty of forfeiture
thereof.
SECTION 12. The Company shall file its written acceptance of
this franchise within thirty (30) days after its passage and approval.
if natural gas service is not commenced within six (6) months after
the date of final passage and approval of this ordinance, this fraa-
c ii ,se shall become null and void and nei.thcr party shall have any
rightst autiaa or lli.abili.tiez hereunder.
SECTION 13. The fact that there is an imperative public need
for an ordinance granting a franchise to supply and furnish natural
gas service creates an emergency, and any rule requiring reading and
passage of this ordinance at more than one meeting is hereby sus-
pended.
PASSED AND APPROVED at regular meeting of /~he City Council of ~
the ity of Southlake, Texas, on this the day of
1967•
ATTEST:
D
Secretary mayor
City of Southlake, Texas
I
I '
I ,
STATE OF TZCAS §
i
COLNI Ty OF TARr,OTT §
I, ,Ow- Secretary of the City of
Sou-hlakc, Tarrant County, Texas, do hereby certify that the above
and foregoing is a true and correct copy of an ordnance passed by the
City Council of the City. of Southlake at a session held
of the ' day of 1967
, as it appears of
record in the Ydnutes of said Council, in Book page
1-r'?- 7ZSS i= LMD AND SEAL OF SAID CITY, this the day of
A.D. 1967.
Secretary
City of Sou~vhla'~ce, Texas _