HomeMy WebLinkAboutOrdinance No. 463 CITY OF THE COLONY, TEXAS
ORDINANCE # ~
AN ORDINANCE OF THE CITY OF THE
COLONY~ TEXAS, AUTHORIZING THE CITY
MANAGER TO ENTER INTO A CONTRACT
WITH Lone Star Ga~ Cnmpally IN THE
AMOUNT OF $7.040.flfl FOR THE
PURCHASE OF MAIN FOR THE M~NtC-IPAL
C~IMPl FX ; ATTACHING THE APPROVED
FORM OF CONTRACT AS EXHIBIT "A";
AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY,
TEXAS:
SECTION 1. That the City Manager of the City of The Colony, Texas is
hereby authorized to execute on behalf of the City a contract with
Lone star Gas company in the amount of $ 7:f14N NN for the
purchase of Main for the Municipal Complex · The approved form of such
contract is attached hereto as Exhibit "A", and made a part hereof for such
purposes.
SECTION 2. This Ordinance shall take effect immediately from and
after its passage by the City Council of the City of The Colony~ Texas.
DULY PASSED AND APPROVED by the City Council of the City of The
Colony, Texas, on this the 15th day of December , 1986 ·
APPROVED:
Dim ~mlck, Mayor
ATTEST:
ty Secretary
CASH DEPOSIT GAS PIPING CONTRACT
(Commercial Form)
THIS AGREEMENT. WITNESSETH. that LONE STAR GAS COMPANY (hereinafter called "COMPANY") and
TEE CITY OF TNE COLONY
5576 N. COLONY BLVD.
(hereinafter called "APPLICANT"} bt COLONY, DENTON
County. Texas. in cons~oerahon bt these premises and of other valuable consideration hereby acknowleOged, do agree as follows:
(1) That Company will extend its gas pipmg as fotlows:
To extend main to serve the new Colony Municipal Complex in
the City of Colony, Denton County, TX.
a total d~stance of 260
feet (said piping and any necessary appurlenances are hereinafter referred to as
"PROJECT"). The route of said gas p~pmg ~s shown as Exhibit "A" hereto attached and hereby made a part hereof,
(2) Wilhoul any right to relund except solely as provided in paragraph (3) hereof, Applicanl 'will pay Io Company S 7.~ 040, 00
in advance (said amount being the riel amount tot said project).
(3) For the first t~elve (12) months only for which gas bills have been incurred and paid, Company agrees Id reJund to Applicant
$ 4.1 2 for each Mcf of gas consumed by customers directly connected to the prplng mstalJed hereunder;
prowoe~ however, no refund shall accrue for any gas consumed after the term of this Agreement set out below. If a gas consumer has not
been connected to Company's system for a sufficient time to have incurred twelve (12) monthly bills within Ihs two (2) year contract term. the
yeany net gas D*I[ Ior the pur~se of computabon bi ~he additional relued provided in the precedmg sentence bi this paragraph, shall be estimated
by Company on Ihs Pasts of information iurnisheO by the consumer covermg consumer's operal~ons and esDmate~ annual gas consumption.
(4) It ~s expressly agreeo an<3 unoerstoo~ that the aggregate of ail refunds hereunder shall never exceed the ong~nal amount of the
contract. It is unOerstooo that no refund or repayment will be made for any consumer not connected d~rectly to the prolect covered by this
conIract, and after me exo[rahon of the Pwo (2) year c~:nlract term no further relunds or repayments shall be made by Company to Applicant.
(5) The Company's obligation to constnJ~ the gas piping prowded for herein w*ll be carned out w~th all reasonable expedition, subject
to aDpt$caDte taws. rules uno regulations of Governmental au~hord~es and to any delay occasioned by lorce majeure or evenls or condRions
Df whatsoever nature reasonaoiy Peyono Ccmoany's control.
(6) Company sna nol be oDhgate~ to commence ina conslrucbon here~n specllied, or to con,hue such construcllon after it has com-
menceo, ue/es.~ uno ua,l: la) Al~plicant nas causeo IRe r~ght-oi-way tot the project to be clearly staked on the ground by a registered engineer
uno ~o) SUCh r*ght-Ol-way nas Peen reouceo to final grape and cleared of all obstructions of any kind; (c) ail necessary r~ght-ol*way has been
lurmsneo Company ~ree bt charge on Company's stancar<3 form bi easement il over private property or through a dedicated utilities easement.
(7) In Ina event any payment, s~oewa~s or other ooslruchons are constructed along or across the route of the mains prowded for
harem, suoseouent lo Ina bale of the survey on wmcn expenses Incurred hereunder are based and prior to sixty {60) days deer Ihs dale bi
I.'.;s contract, uno wn~cn construcbon w,i result m an ~ncrease ~n coal lo Company in the construction of the mains provloed /or here~n. Cpm-
;any may. at ds Omlon. cancel [his ccnlract and ne~Iner Dar~y snail thereafter have any obligahon, hereunder, other than Company's obligaIlon
(8) ACDl~cant understanos that CcmDany snail no~ be oDhgaled or: required to construct the project contemplated b~. this agreemen~
(9) Title to sa*d p ping. mciuomg appurtenances, connections therelo and extensions thereof, and including the right to use. operate
and maqn(a~n same. shall Iorever be and remain exclusively and unconditionally vested in Company. its successora and assigns.
(30) days ot ~Is e~ec~we da[e, Coml~any may, ~y wmtten notice to Applicant, erect lo cancel this contract.
This corl,ract ,s deemed et/ec:,ve tP, ls . ~) deyo ~((~..~)J~/ . ,B ~'~ and shall rema,n ,n etfec, ,ora ,erin of
AP~L~CAr~T THE CI~ OF THE COLO~
LON& SIAm GAS COMPANY
By
By
Title
EXHIBIT "A"
~j LONE STAR OAS COMPANY
ENGINEERING DEPT. DALLAS,TEXAS
~T~/~