1954 Ordinances-Granting to Lone Star Gas Company, a Franchise to Furnish & Supply Gas to General Public
AN ORDINANCE GRANTING TO LONE STAR GAS COMPANY, A CORPORATION,
ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO FURNISH AND SUPPLY
GAS TO THE GENERAL PUBLIC IN THE CITY OF WYLIE, COLLIN COUNTY,
TEXAS, AND THE ENVIRONS THEREOF; PROVIDING FOR THE PAYMENT OF
A FEE OR CHANGE 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.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS:
SECTION 1. That the City of Wylie, Texas, hereinafter called "City,"
hereby grants to Lone Star Gas Company, 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 pipe lines and all other appurtenant
equipment needed and necessary to deliver and sell gas to persons, firms
and corporations, including all the general public, within the City's cor-
porate limits and the environs thereof, said consent being granted for a
term or twenty-five (25) years from and after the date of the final pas-
sage and approval of this ordinance.
SECTION 2. Company shall lay, maintain, construct, operate and re-
place 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
an appropriate original condition, at its cost, all thoroughfares and
other surfaces which it may disturb. The location of all mains, pipes,
laterals and other appurtenant equipment shall be fixed under the super-
vision of the City Council or an authorized committee or agent appointed
by said Council.
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 the construction, operation or maintenance of
the gas distributing plant or system of Company, Company shall indemnify
and keep harmless City from any and all liability in connection therewith.
Company shall repair, clean up and restore to an approximate original con-
dition, all streets and alleys disturbed during the construction and re-
pair of its gas distributing system.
SECTION 4. Company may make end enforce reasonable rules and regula-
tions in the conduct of its business and may require, before furnishing
service, the execution of a contract therefor and may require each con-
sumer, within the corporate limits of City, to pay Company for the installa-
tion of all service pipes from the main in the street or alley to and
throughout the consumer's premises; and Company shall have the right to
contract with each consumer with reference to the installation of service
pipes and the control of service pipes from the connection thereof with
Company's main in the streets or alleys to and including the meter located
on the consumer's premises. Service lines are defined as supply lines
from Company's main in the streets or alleys to and ending at consumer's
meter.
SECTION 5.Company shall not be required to extend mains on any street
more than fifty (50) feet for any one consumer of gas. Nor shall Company
be required to connect to intermediate or high-pressure lines.
SECTION 6. Company shall be entitled to require from each and every
consumer of gas, before gas service is commenced, a deposit of twice the
amount of an estimated average monthly bill, which said deposit may be re-
tained by Company until service is discontinued and all bills therefor have
been paid. Company shall then return said deposit to the consumer, to-
gether with six per cent (6%) interest thereon from the date of said de-
posit up to the date of discontinuance of service. Company shall be en-
titled to apply said deposit, with accrued interest, to any indebtedness
owed Company by the consumer making the deposit.
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 fran-
chises 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 in-
habitants thereof.
SECTION 8. Company shall furnish reasonably adequate service to the
public at reasonable rates end charges therefor; and Company shall maintain
its property, equipment and appliances in good order and condition.
SECTION 9. Company, its successors and assigns, agrees to pay and
City agrees to accept, on or before the 1st day of April, 1954,
and on or betore the same day of each succeeding year during the life of
this franchise, up to and including the year 1974, a sum of money which
shall be equivalent to two per cent (2%) of the gross receipts received by
Company from the sale of gas to its domestic and commercial consumers
within the city limits ot said City (expressly excluding, however, re-
ceipts derived from sales to industrial and governmental users and con-
sumers in said City) for the preceding calendar year, which annual payment
shall be for the rights and privlleges herein granted to Company, including
expressly, without limitation, the right to use the streets, alleys and
public ways of said City. And it is also expressly agreed that the afore-
said 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
impose or hereafter be authorized to levy and collect, excepting only the
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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
sball be in lieu of taxes, Iicenses, fees, street or alley rentals 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, Iicenses,
charges, fees, rentals, easement or franchise taxes or charges.
In order to determine the gross receipts received by Company from the
sale of gas (expressly excluding the sales of gas to industrial and govern-
mental consumers) within the corporate limits of City, Company agrees that
on the same date that payments are made as provided in the preceding para-
graph of this Section 9, it will file with the City Clerk a sworn report
showing the gross receipts received from the sale of gas to its domestic
and commercial consumers within said city limits for the calendar year
preceding tha date of payment. City may if it sees fit, have the books
and records of Company examined by a representative of said City to ascer-
tain the correctness of the sworn reports agreed to be filed herein.
Receipts from sales to governmental users or consumers shall include
all those receipts derived from the sale of gas to Federal, State, County
or City governments or branches and subdivisions thereof, school districts
or other similar districts, it being the intention to include within the
term "governmental users and consumers" all tax supported institutions
owned or operated directly or indirectly by said governments and branches
or subdivisions thereof, such as schools, colleges, hospitals, eleemosy-
nary institutions, army or training camps, airports, courthouse, city hall
and other institutions of like or similar kind and character.
"Industrial users or consumers," as herein used, are those generally
and commonly classified as such by Company.
The payment herein provided shall be for the period January 1 to
December 31 of the respective year that the payment is made.
SECTION 10. Company shall file its written acceptance of this fran-
chise ordinance within sixty (60) days after its final passage and approval
by said City.
PASSED AND APPROVED on this tha J ~ ~ of _ vyr yvyyvr S 1954.
Id'rEST .
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