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HomeMy WebLinkAboutOrdinance 1776 ORDINANCE NO. 1776 AN ORDINANCE 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 NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS, FOR THE TRANSPORTING, DELIVERY, SALE, AND DISTRIBUTION OF GAS IN, OUT OF, AND THROUGH SAID MUNICIPALITY FOR ALL PURPOSES; PROVIDING FOR THE PAYMENT OF A FEE OR CHARGE FOR THE USE OF THE STREETS, ALLEYS, AND PUBLIC WAYS; AND PROVIDING THAT IT SHALL BE IN LIEU OF OTHER FEES AND CHARGES, EXCEPTING AD VALOREM TAXES; AND REPEALING ALL PREVIOUS GAS FRANCHISE ORDINANCES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1: That the City of North Richland Hills, Texas, hereinafter called "City", hereby grants to Lone Star Gas Company, a Division of ENSERCH CORPORATION, hereinafter called "Company", its successors and assigns, consent to use and occupy the present and future streets, alleys, highways, public places, public thoroughfares, and grounds of City for the purpose of laying, maintaining, constructing, operating, and replacing therein and 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 public, within the City corporate limits, and said consent being granted for a term of twenty-five (25) years from and after the date of the final passage and approval of this ordinance. SECTION 2: 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 approximate original condition all thoroughfares and other surfaces which it may disturb. Before the Company shall be authorized or required to extend, repair or relay its existing gas mains or street service lines, there shall be filed with the Director of Public Works a written statement of notification showing the nature and character of the extensions proposed to be made; provided however, Company may make emergency repairs and replacements without prior filing with the Director of Public Works but shall file a written statement promptly thereafter. Company at its own cost and expense, and at the City's request, and for the City's benefit, shall lower, relocate or relay existing gas mains 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 therefore 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 purposes. The location of all mains, pipes, laterals, and other appurtenant equipment within the public streets, public easements and public rights-of-ways shall be bilaterally approved by the Public Works Department and Lone Star Gas Company. 1 When the Company is required to relocate its mains, laterals, and other facilities to accommodate construction, and the relocation is the result of construction or improvement to the Federal-Aid System (or any successor thereto), and the Company is eligible for reimbursement for its costs and expenses incurred as a result of such construction and improvement from the Federal Government, the County Government, or the State of Texas, as permitted by law pursuant to any reimbursement program, and City requests reimbursement for costs and expenses incurred as a result of such construction or improvement, Company costs and expenses shall be included within any such application for reimbursement, provided that Company submits the appropriate documentation to City prior to such application. City shall make a reasonable effort to provide sufficient notice to the Company to allow the submittal of appropriate cost information to the City. SECTION 3: When 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 Company's construction, operation, or maintenance of gas distribution plant or system of Company, Company shall indemnify and keep harmless City from any and all liability in connection therewith. SECTION 4: 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 of services rendered in the inauguration of natural gas service, and may require, before furnishing service, the execution of a contract therefore. Company shall have the right to contract with each customer with referenced 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 as is measured by Company. The customer shall own, operate, and maintain all yard lines and house piping. Yard lines are defined as the underground supply lines extending from the point of connection with Company's customer meter to the point of connection with the customer's house piping. SECTION 5: Company shall not be required to extend mains on any street more than one hundred feet (100') for anyone 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 6: 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 such Quality of Service Rules and shall bear interest, as provided in Tex. Rev. Civ. Stat. Ann. art. 1440a (Vernon Supp. 1991) 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. 2 SECTION 7: 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 or corporation for the purpose of furnishing gas for light, heat, and power to and for city and the inhabitants thereof. Provided, however, City shall not grant more favorable conditions, including franchise fee, to any other gas utility franchisee than are herein granted to Company. SECTION 8: Company, its successors and assigns, agrees to pay and City agrees to accept, on or before the 31st day of July, 1992, and on or before the same day of each succeeding year during the life of this franchise, the last payment being made on the 31st day of July, 2016, 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 customers within the corporate limits of said City, including but not limited to residential, commercial, industrial, governmental, and municipal users, during the preceding twelve month period of June 1 to May 31, 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, and public ways of said City. The initial payment shall be for gas sold during the period June 1, 1991 through May 31, 1992, and shall be for the rights and privileges herein provided shall be for the period June 1, 1991 through May 31, 1992, and each succeeding payment shall be for the period June 1 through May 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 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 as well as drainage utility fees and standard charges for connection to water and sewer systems where applicable. 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 rentals or charges, easement or franchise taxes or charges aforesaid, then City agrees that it will apply so much 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 its 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 8, it will file with the City Secretary a sworn report showing the gross receipts received from the sale of gas to its customers within said corporate limits for the preceding twelve months (June 1 to May 31) 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. 3 SECTION 9: 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, nuisance, or taking or damaging of property by the Company. SECTION 10: The City reserves to itself the right and power at all times to exercise, in the interest of the public, the authority vested to a municipal regulatory authority pursuant to the Gas Utility Regulatory Act, Tex. Rev. Civ. stat. Ann. art 1446e. SECTION 11: 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 automatically canceled and annulled, and shall be of no further force and effect. SECTION 12: Company shall file its written acceptance of this franchise ordinance within sixty (60) days after its final passage and approval by said City. PASSED AND APPROVED at the regular meeting of the City Council on this the 16th day of December , A.D. 1991 . City of North Richland Hills, Texas ~...--..~-&n,,--<Þ<J Tommy Brown'Tyor ATTEST: ~::~-&.~btarY APPROVED AS TO FORM AND LEGALITY: A lI~ <)/f~ Rai McEntire, ~torney for City 4 STATE OF TEXAS COUNTY OF TARRANT CITY OF NORTH RICHLAND HILLS I, Jeanette Rewis , city Secretary of the City of North Richland Hills, Tarrant County, Texas, hereby certify that the above and foregoing is a true and correct copy of any ordinance passed and approved by the City Council on the 16th day of Decenber , 1991 as it appears of record in the Minutes in Book , page WITNESS MY HAND AND SEAL OF SAID CITY, this the December , A.D., 1921-- 16th day of ~' n-..i7£ J £.~""-~ ty Secretary ity of North Richland Hills 5 EXTRACT FROM THE MINUTES OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS The City Council of the City of North Richland Hills, Tarrant County, Texas, convened in session on the day of , 19___, at M., with the following persons present: Mayor: J~,'_~IJA~ Lyle /Wel en Council Members: Mark Wooc1 Jo Ann JOnnROn r.hRrl eR Se.omR Byron Sibbet Linda Spurlock Absent: Mack Garvin A quorum being present, came on to be read and considered Ordinance No. 1V76 granting to Lone Star Gas Company, a Division of ENSERCH CORPORATION, a Texas corporation, a franchise to furnish and supply natural gas to the general public in the City of North Richland Hills, Texas, for the transporting, delivery, sale and distribution of gas in, out of, and through said municipality for all purposes. On motion made by Councilwoman Johnson and seconded by CouncilmAn S~omA which carried unanimously, the City Council voted the passage of the Ordinance and to record same at length in these minutes. 6 STATE OF TEXAS COUNTY OF TARRANT CITY OF NORTH RICHLAND HILLS I, , City Secretary of the City of North Richland Hills, Texas, do hereby certify that the above and foregoing is a true and correct copy of the proceedings of the City Council of the City of North Richland Hills, Texas, at a Regular session, held on the 1 nt-n day of np~pmher , 19 91 , in connection with the passage and adoption of Ordinance No. 1776 granting a franchise to Lone Star Gas Company and that the same is of record in Book page , of the Minutes of the City Council. WITNESS MY HAND AND SEAL OF SAID CITY, this the DpC'pmhpr , A.D. 19~. 16th day of ~~~ f?-;j~-': ) ty Secretary ity of North Richland Hills, Texas 7