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