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HomeMy WebLinkAboutOrdinance 0927 ORDINANCE NO. 927 AN ORDINANCE AMENDING AND CHANGING A FRANCHISE ORDINANCE ENACTED BY THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS, ON APRIL 10, 1967 AND BEING PARTLY STYLED, "AN ORDINANCE GRANTING TO LONE STAR GAS COMPANY, A CORPORATION, ITS SUCCESSOR AND ASSIGNS, A FRANCHISE TO FURNISH AND SUPPLY GAS TO THE GENERAL PUBLIC IN THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS"; AND PROVIDING FOR A MODIFICATION OF THE DEFINITION OF THE TERMS "SERVICE LINES" AND "YARD LINES" REFERENCED IN SECTION 7 THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. As of the effective date of this amendatory ordinance, and upon acceptance by Lone Star Gas Company of the provisions hereof, Section 7 of the aforesaid captioned franchise ordinance enacted on April 10, 1967, shall be stricken, cancelled and nullified and there shall be substituted in lieu thereof a new provision reading as follows: "SECTION 7. 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. Company shall have the right to contract with each customer with reference to the installation of 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. Company shall install, 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 consumer 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 consumer's house piping." SECTION 2. Enactment of this amendatory ordinance shall in no way ever be construed so as to diminish or impair any consumer's ownership interest in service lines (or portions thereof) installed prior to the effective date of this amendatory ordinance. SECTION 3. The terms and provisions of this amendatory ordinance shall be deemed to be severable, and if the validity of any section, sentence, clause or phrase of this amendatory ordinance should be declared to be invalid, the same shall not affect the validity of any other section, sentence, clause or phrase of this amendatory ordinance. SECTION 4. Except as heretofore and hereinabove changed and amended, the terms, provisions, conditions and requirements of the aforesaid franchise ordinance shall remain in full force and effect. ~ SECTION 5. This amendatory ordinance shall become effective as of October 12 , 1981 if the Company files its written acceptance of the provisions of this ordinance within sixty (60) days after its final passage and approval by this City and upon acceptance, the provisions hereof shall be binding upon City and Company, their successors and assigns. Passed and approved on this the 12th day of October , 1981. ~J;-~-}i1d7Yl/ D~~im, Mayor ATTEST: J¥r.A~1f{i~~r~~ APPROVED AS TO FORM AND LEGALITY: STATE OF TEXAS I I COUNTY OF DALLAS I WHEREAS, there was finally passed and approved on October 12, 1981, Ordinance No. 927 amending the Lone Star Gas Company Franchise Ordinance No. 166 enacted by the City of North Richland Hills, Tarrant County, Texas on April 10, 1967, of record in the Minutes of the City Council, to revise the definition of the terms "service lines" and "yard lines" set out in Section 7 of said franèhise, which is recorded in Book VII of the Minutes of the City Council of said City; and WHEREAS, Section 5 of said amendatory ordinance provides as follows: "SECTION 5. This amendatory ordinance shall be- come effective as of October 12, 1981 if the Company files its written acceptance of the pro- visions of this ordinance within sixty (60) days after its final passage and approval by this City and upon acceptance, the provisions hereof shall be binding upon City and Company, their successors and assigns." AND, WHEREAS, it is the desire of Lone Star Gas Company, a Division of ENSERCH Corporation, to comply with the above-quoted pro- visions of Section 5 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 5 quoted above, does hereby accept the provisions of the above amendatory ¡Þ Ordinance No. 927 in accordance with its terms, provisions, conditions, and requirements, and subject to the stipulations and agreements therein contained. .¿ A/ WITNESS THE EXECUTION THEREOF, on this thec.:?~ day of Cf'~~--f?í' , 1981. ATTEST: LONE STAR GAS COMPANY, a Division of ENSERCH CORPORATION By fltt1-1 1/1 Ct1/Y~ VicfJ President STATE OF TEXAS I I COUNTY OF TARRANT I I, , City Secretary of the City of North Richland Hills, Texas, do hereby certify that the above and fore- going is a true and correct copy of a formal acceptance of Ordinance No. 927 finally passed and approved by said City on October 12, 1981, 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 con- nection with and as a part of said amendatory Ordinance No. 927. OF WHICH, witness my official signature and the seal of said City on this the ~tav day of IJA./-r-- , 1981. ~~a? '-Æ~ L¡-ìlð-tf/CL.j City Secretary ty of North Richland Hills, Texas