Ordinance 1981-02
ORDINANCE 81-2
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 WYLIE, COLLIN 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; 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, a Division of ENSERCH CORPORATION,
herei nafter called "Company," its successors and ass i gns, 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, main-
taining, constructing, operating, and replacing therein and thereon pipe-
lines 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.s
corporate limits, 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 an approximate 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 Councilor 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 contruction, 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
condition all streets and alleys disturbed during the construction and
repair of its gas distributing system.
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
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 consumer's premises. Com-
pany 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 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 5. Company shall not be required to extend mains on any
street more than fifty (50) feet for anyone consumer of gas.
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 retained by Company until service is discontinued and all bills
therefor have been paid. Company shall then return said deposit to the
consumer, together with six percent (6%) interest theron from the date of
said deposit up to the date of discontinuance of service. Company shall
be entitled to apply said deposit, with accrued interest, to any indebted-
ness 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
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.
SECTION 8. Company shall furnish reasonably adequate service to
the public at reasonable rates and charges therefor; and Company shall
maintain its property, equipment, and appliances in good order and con-
dition.
SECTION 9. Company, its successors and assigns, agrees to pay
and City agrees to accept on or before April 1, 1981, a sum of money
equivalent to three percent (3%) of the gross receipts received by Com-
pany from the sale of gas to its domestic and commercial consumers within
the corporate limits of said City during the period January 1 through
December 31, 1980 (expressly excluding, however, receipts derived from
sales to industrial and governmental users and consumers in said City);
on or before April 1, 1982, a sum of money equivalent to three percent
(3%) of the gross receipts received by Company from the sale of gas to
its domestic and commercial consumers within the corporate limits of
said City during the period January 1 through April 30, 1981 (expressly
excluding, however, receipts derived from sales to industrial and gov-
ernmental users and consumers in said City), and three percent (3%) of
the gross receipts received by company from the sale of gas to all its
consumers within the corporate limits of said City during the period
May 1 through December 31, 1981; and thereafter on or before April 1
of each succeeding year during the life of this franchise, up to and
including the year 2006, a sum of money equivalent to three percent
(3%) of the gross receipts received by Company from the sale of gas
to all its consumers within the corporate limits of said City for
each preceding calendar year. Each 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. And it is also expressly agreed that the afore-
said annual payment shall be in lieu of any and all other and addi-
tional 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. 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
of 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 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 9, it will file with the
City Clerk a sworn report showing the gross receipts received from
the sale of gas to all its consumers 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 Company examined by a
representative of said City to ascertain the correctness of the
sworn reports agreed to be filed herein.
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. When this ranchise 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 cancelled and annulled, and shall be of no further
force and effect.
SECTION 11. Company shall file its written acceptance of
this franchise ordinance within sixty (60) days after its final
passage and approval by said City.
IN
l :Il
PASSED AND APPROVED ON THIS /.J
day of MARCH, A.D. 1981.
ATTEST:
, , I
(~!-;)dcC ~J;)/l{(;jt~/
/ Ci t/ Secretary
City
Texas
STATE OF TEXAS ~
COUNTY OF COLLIN 9
CITY OF WYLIE 9
l ~,' .1t/{u>-j, City Secretary of the City of Wylie,
Collin ountYl Texas, do hereby certify that the above and foregoing is a
true and correct copy of an ordinance passed by the Cit~kouncil of the City
of Wylie, Texas, at a regular session, held on the J~. ~day of March,
1981, as",) it appears..l~l~cord in the ~1inutes of said City Council, in
Book c~, page '- ~,<-L. {.
f u
WITNESS MY HAND AND SEAL OF SAID CITY, this the ~ day of March,
A. D. 1981.
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City Secretary
City of Wylie, Texas