HomeMy WebLinkAboutOrdinance No. 98-1059
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CITY OF THE COLONY
ORDINANCE NO. 98-1059
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, GRANTING TO
COSERV GAS COMPANY A FRANCHISE TO FURNISH AND SUPPLY
NA TURAL GAS TO THE GENERAL PUBLIC IN THE CITYOF THE COLONY
,
DENTON COUNTY, TEXAS, FOR THE TRANSPORTING, DELIVERY, SALE
AND DISTRIBUTION OF GAS IN AND OUT OF AND THROUGH SAID
:MUNICIPALITY FOR ALL PURPOSES; PROVIDING FOR THE PAYMENT OF
A FEE OR CHARGE FOR THE USE OF THE PUBLIC STREETS, ALLEYS,
AND; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR FORFEITURE AND OTHER PROVISIONS
RELA TIING TO VIOLATION OF THE TERMS HEREOF; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of The Colony, Texas desires to enter
into a franchise agreement granting to CoServ Gas Company a franchise to furnish and
supply gas to the general public in The Colony, and for the transporting, delivery, sale,
and distribution of gas in, out of, and through The Colony for all purposes; and
\VHEREAS, the City Council has determined that the granting of the franchise is
in the best interest of the citizens of The Colony.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS THAT:
Section 1.
Incorvoration of Findin2's.
The findings set forth above are incorporated into the body of this Ordinance as if
fully set forth herein.
Section 2.
Grant of Franchise bv City
2.1 The Colony *hereinafter called "City") hereby grants to CoServ Gas
(hereinafter called "company"_ its consent to use and occupy the present
and future public streets, alleys, highways, and thoroughfares (together,
the "public streets") of the 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 natural gas
("gas") in, out of and through the City and to sell gas to persons, firms and
corporations, including all the general public, with the City's corporate
limits.
2.2 This franchise is granted for a term of ten (10) years from and after the
Effective Date as described in Section 8.6 below (the "initial term"). The
initial term may be extended for one (1) successive additional ten (10)
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2.4
year term (the "additional term") in accordance with the following: (I) Not
less than ninety (90) days and no more than one hundred eighty (180) days
prior to the end of the initial term, Company shall give written notice to
the City that the end of the initial term is approaching: (ii) Company may
include in such notice its desire to renew this franchise for the additional
term beginning with the day following the end of the initial term and
continuing thereafter for a period of ten (10) years; (iii) following the
giving of such notice and in the event Company includes in its notice its
desire to renew this franchise. City and company agree to enter into good
faith negotiations regarding the terms and conditions of this franchise for
the successive term. In the event company fails to provide such notice and
enter into such good faith negotiations, this franchise agreement shall
terminate at the end of the initial term.
2.3
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 or power to and for City and the inhabitants thereof It is the
intent of the City that all similarly situated gas utility companies within the
City be required to pay compensation to the City for the use of the City's
rights-of-way on a competitively neural and nondiscriminatory basis.
Accordingly, if a gas utility franchise hereafter granted by the City to a gas
utility company similarly situated to Company and providing similar gas
services contains provisions which if applied to Company would result in
Company paying a different compensation to City, City and Company
shall enter into negotiations regarding an amendment to the compensation
provisions of this franchise ordinance so as to make this franchise
ordinance competitively neutral and non-discriminatory with respect to
such other franchise.
This franchise may not be assigned, transferred, or otherwise conveyed by
the Company to any other person, partnership, corporation, or other
business entity, except to an affiliated entity, without the express written
consent of the governing body of the City, such consent to be evidenced
by an ordinance that fully recites the terms and conditions, if any, upon
which such consent is given. For purposes hereof, an "affiliated entity"
means an entity.
Section 3. Company's Responsibilities for construction and/or Repair of
its Gas Distribution System.
3.1 The construction, placement, replacement, repair, and location of all
mains, pipes, laterals and other appurtenant equipment used in connection
with the provision of gas hereunder shall be consistent and in compliance
with the ordinances, regulations and rules of the City as now existing or as
they may be amended or revised.
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3.2 A permit shall be obtained from the City prior to the Company's initiation
of any construction, repair, replacement or other act or within the public
streets. Company shall lay, maintain, repair, construct, operate and
replace its pipes, mains, laterals and other equipment so as to cause a as
little interference as possible with the use of public and private property in
the City and in accordance with any direction given by the City under the
police and regulatory powers of the City. Company, at company's sole
cost and expense, shall promptly restore the public streets (including but
not limited to any landscaped or grassed areas) to their condition prior to
Company's construction, maintenance, repair or excavation as provided
for herein, to the reasonable satisfaction of the City Engineer. Grantee
shall excavate only for the construction, installation, expansion, repair,
removal, and maintenance of all or a portion of its gas system.
3.3 When Company shall make or cause to be made excavations or shall place
any obstruction or do or cause any work to be done in any public street or
other public place, the public shall be protected by barriers and lights
reasonable necessary to warn members of the public of the hazardous
conditions and to protect their safety; said barriers and lights to be erected
and maintained by Company consistent with the ordinances, regulations
and rules of City as now existing or as they may be amended or revised.
3.4 In the event of any emergency repair, City shall be notified as soon as
possible after company's notification, and in no event shall such
notification and request for permit be later than the end of the next
working day after the repairs are made or as prescribed by any ordinance
or regulation governing such emergency repairs. Except in an emergency,
Grantee shall not excavate any public street pavement or significant
amounts of any unpaved public street without first securing permission of
the City Engineer, but such permission shall be given if the proposed
excavation is in accordance with the terms of this franchise Ordinance.
3.5 Erosion and sedimentation shall be controlled in accordance with the
ordinances, regulations and rules of the City as now existing or as they
may be amended or revised. Permanent erosion control shall be required
upon completion of all work within the public streets.
3.6 Whenever by reason of the change of any grade of any street or in the
location or manner of constructing any water pipes, sewers, or other
underground or overhead structure for any City purpose whatever, it shall
be deemed necessary by the City to alter, change, adapt or conform a
portion of Company's gas system thereto, such alterations or changes shall
be promptly made by the Company when ordered in writing by the City. If
either Company or City is eligible for reimbursement of the costs and
expenses associated with a relocation under any reimbursement program
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3.8
3.9
3.10
as defined below, both Company and City agree to include in any
application the other Party's related costs and expenses for the relocation.
The Parties shall provide an adequate opportunity for the submittal of
costs and expenses for inclusion in the application. A reimbursement
program includes, but is not limited to the following, the Federal-Aid
System (or any successor thereto) and any federal, state, county, local or
other program that allows reimbursement for relocation costs and
expenses.
3.7
The construction, expansion, reconstruction, excavation, use, maintenance
and operation of Company's gas system, facilities and property shall be
subject to all lawful police regulations of the City and performed in
accordance with the City's regulations for utility location and
coordination. In addition to any other City regulations or requirements,
thirty (30) days prior to the commencement of construction within the
public streets, company shall provide the City Engineer (or such other
officials as the City may designate from time to time) each with a copy of
the construction work plans and drawings.
Upon request of the City, Company shall remove and abate any portion of
its gas system or any facility that is dangerous to life or property, and in
case Company, after notice, fails or refuses to act, the City may remove or
abate the same, at the sole cost and expense of the Company, all without
compensation or liability for damages to Company.
Within thirty (30) days of completion of each segment of Company's
system, Company shall supply the City with a complete set of "as built"
drawings for that segment. Further, after each replacement, relocation,
reconstruction, or removal, Company shall promptly notify the City of the
exact changes made and shall provide a new set of "as built" drawings of
each modification to the City Engineer. Company shall provide annually a
complete set of "as built" drawings incorporating these changes.
The City reserves the right to lay and permit to be laid, sewer, gas, water,
and other pipe lines, cables, and conduits, and to do and permit to be done
any underground or overhead work that may be deemed necessary or
proper by the City in, across, along, over, or under any public street or
right-of-way occupied by Company. and to change any curb or sidewalk
of a street.
Section 4. Services Rendered bv companv and Its Ability to Char1!e
Citizens and to Require Deposits.
4.1 Company shall furnish adequate and efficient service to the public at fair,
just and reasonable rates and charges therefor; and Company shall
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maintain its property, equipment and appliances ill good order and
condition.
4.2 Company shall be required, at its own expense, to extend distribution
mains in any public street or right-of-way up to one hundred feet (100) for
any residential customer but only if such customer, at a minimum, uses
gas for un-supplemented space and water heating. Unsupplemented space
and water heating means a residential customer that uses gas exclusively
to heat its home and water without an electric source.
4.3 In addition to the rates charged for gas supplied and transported, Company
may make and enforce reasonable charges, rules and regulations for
services 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 therefore.
However, all such charges, rules and regulations involving any consumer
of gas within the corporate limits of city shall be subject to regulations,
supervision and approval by the City Council as appropriate. Any such
charges, rules and regulations being proposed by company shall be
submitted in writing to the City Manager or his/her designated
representative prior to instituting the charge, rule or regulation. Company
shall have the right to contract with each customer, if customer so desires,
with reference to the installation of, and payment for any and all of the gas
piping from the connection thereof with 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 from Company's main to the consumer'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.
4.4 Company shall be entitled to require from each and every consumer of
gas, before gas service is commenced, a deposit in an amount calculated
pursuant to Company's Quality of Service Rules as may be in effect
during the term of this franchise, and which are incorporated, in their
current form within this franchise agreement by reference as if
incorporated in full. Said deposit shall be retained and refunded in
accordance with such Quality of Service Rules and shall bear interest, as
provided in chapter 183, Tex. Util. Code, as it may be superseded or
amended from time to time. Company shall be entitled to apply said
deposit with accrued interest, to any indebtedness owed Company by the
consumer making the deposit.
4.5 In accordance with Section 103.022, Tex. Uti!. Code, as amended or
superseded, Company agrees that City may, at any time during the term of
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this Ordinance employ expert assistance and advice in determining fair,
just and reasonable rates to be charged by Company to its consumers in
the corporate limits of the City, and in determining the extent to which
Company is complying with the terms and conditions of this Ordinance,
and to assist with a gas ratemaking proceeding or litigation, and Company
shall reimburse the City for the reasonable cost of the services of such
expert assistance and advice to the extent the applicable regulatory
authority determines reasonable.
Terms ofPavment of Franchise Fee to City.
Section 5.
5.1 Company agree~to deliver and pay to City, and City agrees to accept, not
later than the 15 day of February 1999, and on or before the same day of
each succeeding year during the term of this franchise (whether the initial
term or the additional term), a sum of money which shall be equivalent to:
[1] four percent (4%) of the gross receipts received by Company from the
sale of gas during the preceding calendar year to all its City Customers,
expressly excluding state agencies; [2] four percent (4%) of any fees
received by Company's local distribution center during the preceding
calendar year for the transportation of gas to all its City Customers,
regardless of the origination of the gas within Company's system of lines
and expressly excluding state agencies; and [3] four percent (4%) of the
transportation customer's purchase price of any and all gas transported by
Company to all of its City customers during the proceeding calendar year,
expressly excluding state agencies. In the event that this franchise shall
terminate prior to the end of any calendar year, Company shall pay such
franchise fee to the City for such partial calendar year not later than 45
days following the termination of this franchise.
5.2 Each transportation customer ("Transportation Customer") of Company
shall disclose to Company the purchase price of the gas. Should the
Transportation Customer fail or refuse to disclose or furnish such purchase
price to Company, Company shall establish the Transportation Purchase
price by utilizing 110% of the Houston Ship Channel Index of prices for
large packages of gas published each month in Inside FERC's Gas Market
Report (or successor publication or another publication agreed upon by
City and Company) for the period of time the transportation service is
performed. Company shall use all due diligence in collecting from
Transportation Customer any and all fees required by this franchise
ordinance and/or agreement, but shall not be responsible for paying the
fees to City if Company's Transportation Customer refuses to pay.
Provided, however, that if company's transportation Customer refuses to
pay the fee imposed on the Transportation Purchase Price, and remains
delinquent in payment of such fee for a period greater than thirty days,
Company shall be responsible for the uncollected fee on any gas thereafter
transported through the public streets and rights-of-way of City to
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5.6
5.7
Company's Transportation Customer, but in on event shall the customer
be relieved of its obligation to reimburse Company for any fees paid to
City.
5.3
For the purpose of calculating said fees, the previous year's receipts will
be the basis for such calculations (except for any partial year as described
in Section 5.1), however, the payment made to City fulfills Company's
obligation for the year January 1 through December 31 in which a
payment is made (except for the last year or partial year prior to
termination of this franchise, in which event the Company's obligation
shall not be fulfilled until the City has received payment for such year or
partial year); provided, however, that following the expiration or
termination of this franchise, Company shall pay to City the fee which
Company would otherwise have paid to City had this franchise not expired
or t4erminated, and for that purpose the obligation of Company to pay
City shall continue until such time as such payment has been received by
City. The payment shall be for the rights and privileges herein granted to
Company for that year, including expressly the right to use the public
streets and rights-of-way of City.
5.4
Should any payment due date required by this agreement fall on a
weekend or declared bank holiday, payment shall be delivered to City no
later than the close of business on the day before the required due date
contained with this Ordinance.
5.5
It is expressly agreed that the above-referenced payments shall be in lieu
of any payments for the right to use the public streets of City, including
expressly, the charge permitted to be levied by Texas Tax Code Sees.
182.021-182.026 and 182.081-182.082 ("Tax Sections"), or any successor
statute permitting such a charge, however designated. Should City not
have the legal power to agree that the above-referenced payments shall be
in lieu of all charges for the use of the public streets of the City, City
agrees to apply the percentage necessary from the above-referenced
payments to satisfy Company's charges levied pursuant to the Tax
Sections.
If the law of the state is changed to provide fo"r a greater charge than that
agreed to in this franchise, City may, at its option, notify Company of its
desire to amend this franchise and Company is required to enter into
negotiations for such greater charge in lie of the charge provided herein.
Company shall use due diligence in negotiating such greater charge and
shall not unduly inhibit such negotiations.
In order to determine the gross receipts received by Company for those
categories identified in the preceding paragraphs of this Section, company
agrees that on the same date that payment is made, it will file with the City
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Section 6.
Secretary a sworn copy of a report itemizing revenues from each of the
categories identified in the preceding paragraphs of this Section. Such
report shall be in substantially the same form as Exhibit "A", attached
hereto. City, or its designated representative, may, at City's option,
examine the books and records of Company to ascertain the correctness of
the reports filed herein.
5.8
Should technological, market-driven, regulatory or similar changes occur
in the natural gas industry which create classes or categories of usage
different from those enumerated in this Section, or should company alter
the means, methods or types of uses of the rights-of-way of the City, or
should the City reasonably believe that the franchise fees contained in
Section 5.1 should be amended in order to not impair the City's ability to
receive an adequate franchise fee pursuant to this Ordinance, then the City
may initiate the renegotiations of the franchise fee provision of this
Ordinance. Should the City request a change to the franchise fee provision
of this Ordinance, both parties agree to enter into a good faith negotiation.
"Good Faith", for the purpose of this Ordinance, shall mean an objective,
diligent, timely and responsible discourse on the issue(s) involved and a
resolute attempt to settle the issue(s). Should, as a result of renegotiations,
the City and Company agree to a change in a provision of this Ordinance,
the change shall become effective immediately upon passage of an
Ordinance by the City Council and execution of the amendment by the
Company. Both parties agree that passage and execution will be a
mandatory act following renegotiations. Company agrees to provide any
and all information requested (except that which is deemed proprietary by
a court of competent jurisdiction) by City to assist in a determination of
any changes in conditions, practices, and/or services provided by
Company through the use of the right-of-way of City.
Release and Indemnification; Insurance.
6.1 In consideration of the granting of this franchise, Company agrees that
City, its officials, officers, employees, and agents (together for purposes of
this Section 6, the "City") shall not be liable or responsible for, and
Company does hereby release and forever discharge city from and agree to
indemnify City against and hold City harmless from all suits, actions,
liability, proceedings, claims, damages, costs, expenses or fees, including
attorneys fees, for injury to or the death of any person, or damage to or
destruction of any property, resulting from, arising out of, occasioned by,
or based upon, whether in whole or in part, any act or omission of
Company, its officers, employees, and agents under this franchise
agreement, including but not limited to any liability arising out of the
construction, operation or maintenance of the gas distribution plant or
system of Company. In the event that any action, suit or proceeding is
brought or claim is made against City based upon or. complained of is
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authorized, allowed, or prohibited by this franchise; and arising out of any
such act or omission of Company, under this franchise (including but not
limited to any liability arising out of the construction, operation or
maintenance of the gas distribution plant or system of Company), City
shall give notice in writing of such action, suite, proceeding, or claim to
Company by registered or certified mail. Upon receipt of such notice,
company shall, at its own expense, defend City in any action contemplated
by this paragraph and take all steps as may be necessary or proper to
prevent the obtaining of a judgment against city and/or will satisfy any
judgment obtained against City. City agrees to cooperate with Company
in connection with defending the action. The terms and provisions of this
Section 6 shall survive the termination or expiration of this franchise
agreement.
6.2 Company shall obtain and maintain in full force and effect throughout the
term of this agreement ordinance, and any extension or renewal thereof,
insurance with an insurance company licensed to do business in the State
of Texas approved by the State of Texas and acceptable to the City. All
companies will be required to be rated A-VI or better by AM. Best or A
or better by Standard and Poors. The insurance shall be issued in the
standard form approve by the State Board of Insurance. Company shall
provide City with proof of such insurance so required at the time of filing
the acceptance of this agreement ordinance as required herein.
Subject to the Company's right to maintain reasonable deductibles
in such amounts as are approved by the City, company shall obtain and
maintain in full force and effect for the duration of this agreement
ordinance, and any extension or renewal thereof, at the Company's sole
expense, insurance policy coverage in the following type and minimum
amounts:
TYPE
AMOUNT
1. Worker's Compensation and Employers Liability Statutory
2. Commercial General (public) Liability to
To include coverage for the following where
The exposure exists:
(i) Premises operations
(ii) Independent contractors
(iii) Products/completed
(iv) Personal injury
(v) Contractual liability
(vi) Explosion, collapse and underground
Property damage
Combined single
limit for bodily
injury and property
damages ($3,000,.000
per occurrence or
its equivalent
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3. Comprehensive Automobile insurance
Coverage for loading and unloading
Hazards, for:
(i)
(ii)
(iii)
Owned/leased automobiles
Non-owned automobiles
Hired automobiles
Combined single limit
for bodily injury and
property damage
($1,000,000 per
occurrence or its
equivalent)
The City shall be entitled, upon request and without expense, to review copies of
the policies and all endorsements thereto. The City may make any reasonable requests for
deletion, revision or modification of particular policy terms, conditions, limitations or
exclusions, except where policy provisions are established by law or regulation binding
upon either City or Company or upon the underwriter for any of such policies. Upon
request for deletion, revision or modification by the City, Company shall exercise
reasonable efforts to accomplish the changes in policy coverage, and shall pay the cost
thereof
Company agrees that with respect to the above-required insurance, all insurance
contracts will contain the following required provisions:
(i) Name the City and its officers, employees, board members and elected
representatives as additional insured (as the interests of each insured may
appear) as to all applicable coverage; provide for forty-five (45) days
notice to the City for cancellation or non-renewal;
(ii) Provide for such notice to the City Manager by certified mail; and
(iii) Provided that all provisions of the agreement ordinance, as amended,
concerning liability, duty, and standard of care, including the indemnity
provisions hereof, of this agreement ordinance, shall be underwritten by
contractual coverage sufficient to include such obligations within
applicable policies.
The insurance policies obtained by company in compliance with this
Section shall be subject to approval by the City, and such proof of insurance,
along with written evidence of payment of required premiums, shall be filed and
maintained with the City Secretary during the term of this agreement ordinance,
or any extension or renewal thereof Company shall immediately advise the City
Attorney of any actual or potential litigation that may develop that would affect
this insurance.
Insurers shall have no right of recovery against the City, it being the
intention that the insurance policies shall protect Company and the City and shall
be primary coverage for all losses covered by the policies.
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Companies issuing the insurance policies shall have no recourse against
the City for payment of any premiums or assessments which all are set at the sole
risk of the Company.
Section 7.
Breach: Forfeiture.
7.1 If the City has reason to believe that Company is in violation of this
franchise Ordinance, the City shall notify Company in writing of the
violation setting forth the nature of such violation. Company shall be
allowed sixty (60) days to cure violations after written notice is received
from the City.
Upon evidence being received by the City that any violation of this
agreement ordinance, any City Charter provisions or any ordinances
lawfully regulating company in the construction and operation of its gas
system is occurring, or has occurred, the City shall cause an investigation
to be made. If the City finds that such a violation exists or has occurred,
the Company shall take appropriate steps to comply with the terms of this
agreement ordinance and any lawful ordinance or regulation. Should
Company fail to comply, after notice and opportunity to cure, then the
City may take any action authorized by law, including forfeiture of this
agreement (as set forth below) and a suit in court to compel compliance.
If, in any such proceeding, default is finally established, Company shall be
required to pay to the City the reasonable expenses incurred in the
prosecution of such suit and all the City's damages and costs (including
attorneys fees), but Company shall be allowed either by the court in the
judgment of forfeiture or by order of the City Council, a reasonable time
thereafter, as fixed by such judgment or order, to correct the default and
pay such expenses, damages and costs as it may be adjudged to pay, and if
Company does so correct and so pay within such time, forfeiture shall not
become effective nor be enforced.
7.2 If Company fails to comply with the terms of this franchise, after sixty
(60) days written notice, then, in addition to any other remedies City may
have, City may compel compliance by suit in any court of competent
jurisdiction and if, upon final judgment being entered in favor of City,
company still fails to comply with the terms of the franchise and the final
judgment, City may compel compliance under penalty of forfeiture hereof,
with City having an option to purchase Company's property (or any part
thereot) located in City at a fair market value should such forfeiture occur.
In the event City chooses to purchase company's property under penalty
of forfeiture and City and company cannot agree upon the fair market
value of the property, then the fair market value of Company's property
shall be established by a majority vote of three appraisers with one
appraiser selected by Company, one appraiser selected by City and one
appraiser selected by the other two appraisers. If the two appraisers are
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unable to agree upon the third appraiser, then the third appraiser shall be
selected by order of a court of competent jurisdiction. In the event the City
chooses not to purchase the Company's property and this franchise
agreement is terminated for any reason or expires, then City reserves the
right to reasonably request that Company promptly remove from the
public streets all or part of Company's property (including but not limited
to all pipes and appurtenant equipment) and restore the public streets
following such removal in accordance with the restoration provisions of
this franchise.
7.3 Company further agrees that if for any reason Company fails to pay the
payments referenced in Section 5 of this Ordinance within thirty (30) days
following written notice from City that Company has failed to make the
payment, such failure shall be sufficient to permit City to forfeit the
franchise without court action.
Section 8.
l\tIiscellaneous Provisions.
8.1 It is the intention of the City Council that this Ordinance, and every
provision thereof, shall be considered severable, and the invalidity of any
section, clause, provision or portion of this Ordinance shall not affect the
validity or constitutionality of any other portion of this Ordinance.
8.2 Company shall file its written acceptance of this franchise within thirty
(30) business days after passage by City by filing in the office of the City
Secretary a written instrument signed and acknowledged by a duly
authorized officer of Company, in substantially the following form:
To the Honorable Mayor and City Council of the City of the Colony:
CoServ Gas Company, acting by and through the undersigned
authorized officer, hereby accepts Ordinance No. 98-1059 granting a franchise to
CoServ Gas Company.
Authorized Representative
COSER V GAS COMPANY
ATTEST:
Secretary
Executed this, the
day of
1998.
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The acceptance shall be duly acknowledged by the person executing the same. In
the event the acceptance is not filed within the thirty (30) day period, this
ordinance and the rights and privileges hereby granted shall terminate and become
null and void.
8.3 All payments, notices, demands, or requests from one party to another
shall be personally delivered or sent by United States mail certified, or
registered, return receipt requested, postage prepaid, to the addresses
stated in this Section:
If to City:
5151 North Colony Blvd.
The Colony, Texas 75056
Attention: City Manager
Facsimile No.: (972) 624-2298
If to Company:
CoServ Gas Company .
Attention:
Facsimile No.: ( )
Notice shall be deemed to have been given (i) if by hand delivery, at the time of
delivery, or (ii) if mailed, seventy-two (72) hours after the deposit of same in any
United States mail post office box in the State to which the notice is addressed or
ninety-six (96) hours after the deposit in any such post office box in other than the
State to which the notice is addressed, postage paid, addressed as set forth above.
The addresses and addressees for the purpose of this Section may be changed by
giving notice of such change in the manner herein provided for giving notice.
Unless and until such written notice is received the last addresses and addressee
stated by written notice, or provided herein if no written notice of change has
been sent or received, shall be deemed to continue in effect for all purposes
hereunder.
The caption of this Ordinance shall be published in accordance with the laws of
the State of Texas and in compliance with the City Charter of The
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8.5 This franchise ordinance shall become effective thirty (30) days after its
passage and publication as may be required (the "Effective Date"),
providing Company has filed with the City Secretary its written
acceptance of this franchise ordinance prior to the effective date. by
Company as above specified and it is so ordained.
PASSED AND APPROVED this 31st da
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he Colony, Texas
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ACCEPTANCE
To the Honorable Mayor and City Council of the City of the Colony:
CoServ Gas Company, acting by and through the
authorized officer, hereby accepts Ordinance No. 98-1059
CoServ Gas Company. ><ff::- '
~ 4? ~t
Authorized Representative
COSERV GAS COMPANY
undersigned
granting a franchise to
ATTE~ ~
Secrelary
Executed this, the J- q
day of ~nr.Jvu
1998.
15