Loading...
HomeMy WebLinkAboutOrdinance No. 04r C) C) y 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 TOWN OF THE COLONY, DENTON COUNTY, TEXAS, FOR THE TRANS- PORTING, 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; AND PROVIDING THAT IT SHALL BE IN LIEU OF OTHER FEES AND CHARGES, EXCEPTING AD VALOREM TAXES. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF THE COLONY, TEXAS: SECTION 1. That the Town of The Colony, Texas, hereinafter called "Town," hereby grants to Lone Star Gas Company, a Division of ENSERCH CORPO- RATION, 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 Town for the purpose of laying, maintain- ing, constructing, operating, and replacing therein and thereon pipelines and all other appurtenant equipment needed and necessary to deliver gas in, out of, and through said Town and to sell gas to persons, firms, and corporations, including all the general public, within the Town'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 supervision of the Board of Aldermen or an authorized committee or agent appointed by said Board of Aldermen. 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 Town from any and all liability in connection therewith. Company shall repair, clean up, and restore to an approximate original condition all streets and alleys dis- turbed 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 ren- dered in the inauguration of natural gas service, and may require, before fur- nishing 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 prem- ises. Company shall own, operate, and maintain all service lines, which are defined as the supply lines from the Company's main to the consumer's curb line, when mains are located in the streets and to the consumer's property line when mains are located in the alleys. 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 service line 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 any one 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 per- cent (6%) interest thereon 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 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 Town 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 Town 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 condition. SECTION 9. Company, its successors and assigns, agrees to pay and Town agrees to accept, on or before the lst day of May, 1978, and on or before the same day of each succeeding year during the life of this franchise, up to .and including the year 2002, a suns of money which shall be equivalent to two percent (2%) of the gross receipts received by Company from the sale of gas to its domestic and commercial consumers within the corporate limits of said Town (expressly excluding, however, receipts derived from sales to industrial and governmental users and consumers in said Town) for the preceding calendar year, which 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 Town. And it is also expressly agreed that the aforesaid 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 -2- charges, and all other and additional municipal taxes, charges, levies, fees, and rentals of.whatsoever kind and character which Town may now impose or hereafter levy and collect, excepting only the usual general or special ad valorem taxes, which Town is authorized to levy and impose upon real and per- sonal property. Should Town 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 or franchise taxes or charges aforesaid, then.Town 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 (expressly excluding the sale of gas to industrial and governmental consumers) within the corporate limits of Town, 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 Town Clerk a sworn report showing the gross receipts received from the sale of gas to its domestic and commercial consumers within said corporate limits for the calendar year preceding the date of pay- ment. Town may, if it sees fit, have the'books and records of Company examined by a representative of said Town to ascertain 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 "govern- mental 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, eleemosynary institutions, army or train- ing 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 l to December 31 of the respective year that the payment is made. SECTION 10. Company shall file its written acceptance of this franchise ordinance within sixty (60) days after its final passage and approval by said Town. PASSED AND APPROVED on this the / / day of ATTEST: T Secretary A.D. 1977. -I- STATE OF TEXAS § COUNTY OF DENTON § TOWN OF THE COLONY § Secretary of the Town of The Colony, Denton County, Te s, do hereby certify that the above and foregoing is a true and correct copy of an or inan passed by the Board of Aldermen of the Town of The Colony, Texas, at a session, held on the day of 1977, as it appears of ec d in the Minutes of said Board of Aldermen, i ook page WITNESS MY HAND AND SEAL OF SAID TOWN, this the day of A.D. 1977. ' Town ecretary Town o The Colony, Texas AN ORDINANCE FIXING AND DETERMINING THE GENERAL SERVICE RATE TO BE CHARGED FOR SALES OF NATURAL GAS TO RESIDENTIAL AND COMMERCIAL CONSUMERS WITHIN THE TOWN LIMITS OF THE COLONY DENTON COUNTY, TEXAS, AND PROVIDING FOR THE MANNER IN WHICH SUCH RATE MAY BE CHANGED, ADJUSTED AND AMENDED. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF THE COLONY: SECTION 1. Effective with the first gas bills rendered from and after thirty (30) days from the date of final passage of this ordinance, the maximum general service rate for sales of natural gas rendered to residential and commercial consumers within the town limits of The Colon by Lone Star Gas Company, its successors and assigns, is hereby fixed and deter- mined as follows: First 1000 Cu. Ft. or Fraction Thereof $3.00 Over 1000 Cu. Ft. at $1.835 Per Mcf No gas bill will be rendered to any residential or commercial consumer served under the above rate not consuming any gas during any monthly billing period, except that where customer's only use for gas service is in an outdoor grill and/or a fireplace starter, the amount shown for the first consumption block shall constitute a minimum monthly bill. ADJUSTMENTS The amount of each monthly bill computed at the above -stated rates shall be subject to the following adjustments: Plus or minus the amount of any increase or decrease, respectively, above or below the $1.3488 per Mcf level in the intracompany city gate charge as authorized by the Railroad Commission of the State of Texas or other regulatory body having jurisdiction for gas delivered to Lone Star Gas Company's distribution system for sale to residential and commercial consumers where such changes are caused by increases or decreases in the cost of gas purchased by the Company; plus an amount equiv- alent to the proportionate part of any new tax, or increased tax, or any other governmental imposition, rental, fee or charge (except state, county, city and special district ad valorem taxes and taxes on net income) levied, assessed or imposed subsequent to July 1, 1976, upon or allocable to the Company's distribution operations, by any new or amended law, ordinance or contract. Company, at its option, may forego the application of any adjustment if such adjustment would result in an increase in the monthly bill; however, failure of Company to apply any adjustment shall not constitute a waiver of Company's right from time to time, or at any time, to make any adjustment, in whole or in part, in any subse- quent current monthly bill that may be applicable to such bill. All bills shall be due and payable when rendered. The above rate is applicable to each residential and commercial consumer per meter per month or for any part of a month for which gas is used at the same location. In addition to the aforesaid rates, Company shall have the right to collect such reasonable charges as are necessary to conduct its business and to carry out its reasonable rules and regulations in effect. SECTION 2. The rate set forth in Section 1 may be changed and amended by either the Town or Company furnishing gas in the manner provided by law. Service hereunder is subject to the orders of regulatory bodies having jurisdiction, and to the Company's Rules and Regulations currently on file in the Company's office. SECTION 3. It is hereby found and determined that the meeting at which this ordinance was passed was open to the public, as required by Texas law, and that advance public notice of the time, place and purpose of said meeting was given. PASSED AND APPROVED on this the day of A�_ A. D. 192Irl ATTEST: �2�Q Se tary Town of The Colony Texas STATE OF TEXAS § COUNTY OF DENTON § I, C Ca 6j(" wc�"�- Secretary of the Town of The Colon Denton County, Texas, hereby certify that the above and foregoing is a true and correct copy of an ordinance passed and approved by the B and of Aldermen of the Town of The Colon at a session held on the day of , 1977, as it appears of record in the Minutes of s d in Book Page `,, WITNESS MY HAND AND SEAL OF SAID TOWN, this the �/1�[ , A.D. 1977. S retary 16 day of Town of The Colon , Texas EXTRACT FROM MINUTES OF BOARD OF ALDERMEN OF THE COLONY, TEXAS The Board of A dermen of the Town of The Colony, D mon County, Texas, convened in /(F- 6C/�(',session on the � day of �. /.��`] , 1977, at 7 '? M., with thfJ5 following persons present: �— Mayor: c F.: J Aldermen: t •� �/r"1 /�cF -A�� j Absent: A( 0 f-,6 A quorum being present, came on to be read and considered Ordinance No. G'�J granting to Lone Star Gas Company, a Division of ENSERCH CORPORATION, a Tex as 7 corporation, a franchise to furnish and supply natural gas to the general public in the Town of The Colony, Texas, for the transporting, delivery, sale, and distribution of gas in, out of, and through said municipality for all purposes. On motion made by and seconded by which carried unanimously, the Board of Aldermen voted to pass said franchise ordinance and to record same at length in these minutes. STATE OF TEXAS § COUNTY OF DENTON § TOWN OF THE COLONY § I, � , Town Secretary of the Town of The Colony, Texas, do hereby certify that the above and foregoing is a true and correct copy of the proceedings of the Board o£ Aldermen of the Town of The Colony, Texas, at a,,L session, held on the /�i day of , 1977, in connection with the passage and adoption of Ordinance No. granting a franchise to Lone Star Gas Company and that the same is of record in Book , page of the Minutes of the Board of Aldermen. 1977. 4`( WITNESS MY HAND AND SEAL OF SAID TOWN, this G` day of i , Town Vcretary Town of The Colony, Texas