HomeMy WebLinkAboutOrdinance No. 155 ORDINANCE NO. /k_~--~'-
AN ORDINANCE AMENDING AND CHANGING A FRANCHISE ORDINANCE ENACTED
BY THE CITY OF THE COLONY, DENTON COUNTY, TEXAS, ON MAY 16, 1977 AND
BEING PARTLY STYLED, "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 THE COLONY, DENTON COUNTY,
TEXAS"; AND PROVIDING FOR A MODIFICATION OF THE DEFINITION OF THE TERMS
"SERVICE LINES" AND "YARD LINES" REFERENCED IN SECTION 4 THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY,
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 4 of the aforesaid captioned franchise ordinance enacted on
May 16, 1977, shall be stricken, cancelled and nullified and there shall
be substituted in lieu thereof a new provision reading as follows:
SECTION 4. In addition to the rates charged for gas supplied,
Company may make and enforce reasonable charges, rules and regula-
tions 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. 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 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 serverable, 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 afore-
said franchise ordinance shall remain in full force and effect.
SECTION 5. This amendatory ordinance shall become effective
as of ~ ~ , 1981 if the Company files its written accep-
tance 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 ~ DAY OF ~ ,
1981.
ATTEST: APPROVED:
STATE OF TEXAS
COUNTY OF DALLAS
WHEREAS, there was finally passed and approved on April 20 , 1981,
Ordinance No. 155 amending the Lone Star Gas Company, Franchise Ordinance
No. enacted by the City of The Colony , Denton County, Texas,
on May 16 , 19 7~ 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
4 of said franchise, which is recorded in Book__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 become effective
as of p~l 20 , 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."
AND, WHEREAS, it is the desire of Lone Star Gas Company, a Division of
ENSERCH Corporation, to comply with the above-quoted provisions 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 Ordinance No. 155 in accordance with its
terms, provisions, conditions, and requirements, and subject to the stipulations
and agreements therein contained.
WITNESS THE EXECUTION THEREOF, on this the~'~M~,day of ~ ,
1981.
ATTEST: LONE STAR GAS COMPANY, A Division
of ENSERCH CORPORATION
~s-sis~tant Secretary ice resl ent
STATE OF TE~S
CO~Y OF DENTON
Texas, do hereby certify that the above and foregoing is a true and correct
copy of a focal acceptance of Ordinance No. ~ finally passed and approved
by said City on ~f/ ~m , 1981, and of record in Book ~ of the
Minutes of the City~ and I do further certify that said acceptance has been
duly presented to the City Council and in
/~filed connection with and as a part
of
said
amendatory
Ordinance
No.
OF ~ICH, witness ~-c~ficial signature and the seal of said City on
this the ~ day of ~, 1981.
C~o~e Colony Texas