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HomeMy WebLinkAbout1982-0569630A (174A) This ordinance has been amelded by Ordinance No 90-108 (attached) r • I AN ORDINANCE GRANTING TO LONE STAR GAS COMPANY A FRANCHISE TO SUPPLY AND DISTRIBUTE GAS IN THE CITY OF DENTON, TEXAS, REGULATING THE SALE AND DISTRIBUTION OF GAS, PROVIDING OTHER REGULATIONS FOR THE CONDUCT OF THE COMPANY'S OPERATIONS, PROVIDING FOR THE PAYMENT OF FEES FOR THE USE OF THE STREETS, ALLEYS, AND OTHER PUBLIC WAYS, REPEALING ALL PREVIOUS GAS FRANCHISE ORDINANCES, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I Subject to the terms and conditions mentioned in this ordinance the City of Denton, Texas, hereinafter called "City", hereby grants to Lone Star Gas Company, a Division of Enserch Corporation, hereinafter called "Company", consent to use the present and future streets, alleys, highways, public places, public thoroughfares and grounds of the City for the purpose of laying, maintaining, operating therein and thereon pipe lines and all appurtenant equipment needed and necessary to deliver and sell gas to persons, firms and corporations, including all of the general public within the City's corporate limits and the environs thereof, said consent being granted for a term of nineteen (19) years from the effective date of this ordinance SECTION II Company agrees to pay and City agrees to accept, on or before the first day of April, 1983, and on or before the same day of each succeeding year during the life of this franchise, up to and including the year 2001, a sum of money to be known as a street and public property rental charge 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 in said City, expressly excluding, however, receipts derived from sales to industrial consumers in said City for the preceding calendar year, which annual payment shall be for the rights and privileges herein granted to Company, including expressly the rights to use the streets, alleys and public ways of the City in accordance with the terms and conditions con- tained herein It is also understood and agreed that during the life of this franchise the above charge, measured in the manner hereinabove provided, shall be the entire and maximum charge which the City shall be entitled to receive for the use of the streets, alleys and public ways regardless of whether said charge shall be designated as a rental or otherwise, and whether measured by gross receipts, units of installation or in any other manner, provided, however, should the Legislature of the State of Texas authorize cities and towns within the State to levy and impose a greater charge than two percent (2%) of the gross receipts derived from the sales of gas, then City and Company agree to enter into negotiations for the purpose of determining whether all or any part of such increased gross receipts charge should be applied in the City of Denton, Texas If the parties are unable to agree, City shall have the right to impose such additional charge upon ninety (90) days notice to Company In any event, the Company is not exempted by this franchise from the usual general and special ad valorem taxes which the City is authorized to levy and impose upon real and personal property "Industrial Users or Consumers", as herein used, are those generally and commonly classified as such by Company, and who are billed on a schedule of rates less than the Company's domestic and commercial schedules In order to determine the gross receipts received by Company from the sale of gas (expressly excluding sales of gas to industrial consumers within the corporate limits of City) Company agrees that on the same date that payments are made as provided in this Section II, it will file with the City Secretary a sworn report showing the gross receipts received from the sale of gas to its domestic and commercial consumers within said City Limits for the calendar year preceding the PAGE 2-LONE STAR GAS COMPANY FRANCHISE ORDINANCF date of payments 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 SECTION III Company shall lay its pipes, mains and laterals in the alleys where practical but when laid in the streets and avenues, they shall be laid in a line parallel with the curb line thereof and such work shall be subject to the approval of the City Engineer or such representative as is designated by the City SECTION IV In the opening and refilling of all openings made by the Company, subject to the ordinances applicable thereto, it shall restore the pavements and do all other work necessary to complete restoration of the streets, pavements, sidewalks, or grounds to a condition equally as good as when disturbed All restoration of streets shall be done within a reasonable period of time and if not done, then the City is authorized to make such restoration and charge the Company the cost thereof When the Company shall open any ground in said City for the purpose of laying any gas pipes, or for any other purpose whatever, the Company shall open no more space at any one time or at any one place than is necessary for the work for which same shall have been opened In all cases where work requires the exercise of skill, as in the restoration of pavements and sidewalks, the Company shall employ skilled workmen, familiar with the execution of such work, and all of such work will be done at Company's expense, and subject to the approval of the City Council of the City of Denton, Texas, or other proper authority designated by it The Company hereby agrees to fill up with tar or some other suitable substance any and all holes made in the pavement by PAGE 3-LONE STAR GAS COMPANY FRANCHISE ORDINANCE driving bars through the pavement in checking for leaks in the gas mains and service lines Company, at its option, may also use permanently placed covered bar holes for the purpose of testing for leaks Company shall obtain a permit from the City Engineer prior to disturbing the surface of any street, alley, public way, or any City right-of-way, however, no permit fee shall be required for such permits SECTION V This franchise is granted subject to any and all valid provisions of the existing City Charter and the Code of Ordinances of the City of Denton, Texas, and all of said provisions, which are not inconsistent with the Constitution or general laws of the State of Texas, are applicable hereto and are hereby made a part of this franchise as fully as though copied at length herein Nothing in this franchise shall be construed in such a manner as in any way to abridge the police power of the City of Denton, Texas, to pass the necessary ordinances for the protection of the citizens of Denton, Texas, their property, and the property of this Company, and this franchise shall be subject to any lawful ordinances which may hereafter be passed which are not inconsistent herewith SECTION VI The Company shall do no permanent injury to any street, avenue, alley, lane, bridge, stream, water course, park or public place or City right-of-way nor in any manner disturb or interfere unnecessarily with any electric lines, conduits, or equipment or with any water or other pipes, nor with any public or private sewer now or hereafter laid or constructed by said City of Denton, or by any authorized person or corporation, but all electric conduits or water or sewer pipes or other pipes shall be so laid as not to interfere unnecessarily with any gas mains or pipes which shall be laid prior to the time of laying such conduits, sewer or water lines or other pipes PAGE 4-LONE STAR GAS COMPANY FRANCHISF ORDINANCE SECTION VII The Company shall at all times keep and display the neces- sary danger signals and proper guards around all excavations and obstructions and whenever possible shall keep sufficient space in good condition for travel of vehicles on at least one side of all excavations and obstructions, and shall, as soon as Practicable, restore all openings on the highways, streets, avenues and alleys and other public places and right-of-ways to a condition equally as good as before said openings or obstructions were made Company shall hold the City harmless from all expense or liability for any act or neglect of the Company hereunder The City shall not be liable for any damage caused by electrolysis to Company's system by the City of Denton's utility system, but if a condition is found to exist where damage is being caused by electrolysis the City will use reasonable diligence to correct the situation causing such damage SECTION VIII All service pipes shall be constructed and maintained by the Company at its own expense to the curb line where its main is located in a street or to the property line where its main is located in an alley 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 PAGE 5-LONE STAR GAS COMPANY FRANCHISE ORDINANCE customer meter to the point of connection with consumer's house piping SECTION IX Company shall not be required to extend its pipe lines or laterals more than 100 lineal feet in order to serve any one consumer The Company shall maintain its gas system and equipment in good operating condition at all times, and meters shall be maintained within the range of accuracy required by the laws and regulations of the State of Texas SECTION X The Company shall furnish to City annually a map showing the additions, changes and extensions to its gas plant in the City of Denton SECTION XI The City reserves the right to require and the Company agrees to make reasonable reports in the same manner as to other regulatory authorities including the Railroad Commission of the State of Texas with respect to Company's gas distribution system in the City of Denton, Texas The City also reserves the right to have Company's books, records and accounts examined and audited by its authorized agents and representatives, such examinations or audits to be done and performed after reasonable notice to Company and within Company's usual hours of operation SECTION XII This franchise shall not be transferred by Lone Star Gas Company except with the approval of the City Council of the City of Denton expressed by ordinance SECTION XIII The City reserves the right by resolution or otherwise to designate the location of any gas mains or gas service ]fines with reference to other municipal street facilities such as PAGE 6-LONE STAR GAS COMPANY FRANCHISE ORDINANCE sewer and water mains and services, in such a manner as to promote the public safety and to protect public property Any designation or location or inspection authorized herein shall be accomplished so as not unnecessarily to delay the Company in any of its operations Whenever the City shall pave or repave any street or shall change the grade or line of any street or public place or shall construct or reconstruct any conduit, water main, sewer or sewer connection or other municipal public works or utility, it shall be the duty of the Company, when so ordered by the City, to change, replace, repair, recondition or relay its mains, services and other property in the streets or public places at its own expense so as to conform to the established qrade or line of such street or public place and so as not to interfere with the conduits, sewers and other mains as constructed or reconstructed and so as to properly protect said new pavement and make the normal life of such pipe equal to the normal life of such new pavement SECTION XIV 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, includinq 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 be entitled to require from each and every consumer of gas, before qas 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 thereon from the date of said deposit up to the date of discontinuance of service Company shall be entitled to apply said deposit, with PAGE 7-LONE STAR GAS COMPANY FRANCHISE ORDINANCE accrued interest, to any indebtedness owed Company by the consumer making the deposit SECTION XV All ordinances or parts of ordinances heretofore adopted by the City Council of the City of Denton, Texas, granting qas franchises to any person, firm or corporation, are hereby expressly repealed and are of no further force or effect SECTION XVI Each section of this ordinance and each part of each section hereof is hereby declared to be an independent section or part of section, and the holding of any section or part thereof to be unconstitutional, void, illegal, ineffective or contrary to law, for any reason, shall not affect any other section or part of section of this ordinance SECTION XVII Nothing contained herein shall change the present rates now in effect in the City of Denton, Texas, but 1.t is understood that such rates and charges shall be subject to revision and change by either the City or the Company from time to time in the manner authorized by law SECTION XVIII The City Council of the City of Denton shall have the right to select and engage rate consultants, accountants, auditors, attorneys, engineers, or any combination thereof, to conduct investigations, present evidence, advise and represent the City of Denton on public utility rate making proceedings under this ordinance and/or to assist with litigation on public utility rate making proceedings, appeals and rate cases, and Lone Star Gas Company shall be required to reimburse the City of Denton for the reasonable costs of such services SECTION XVIV This franchise ordinance shall be effective thirty (30) days after its final passage and approval, pending such time PAGE 8-LONE STAR GAS COMPANY FRANCHISE ORDINANCE the full text of this ordinance shall be published once each week for three consecutive weeks in the Denton Record - Chronicle, the official newspaper of the City of Denton, Texas Company shall file its written acceptance of this franchise ordinance with the office of the Citv Secretary of the City of Denton within thirty (30) days after its effective date and this ordinance shall be of no force and effect if not accepted within said period p I PASSED AND APPROVED on first reading this the O day of C;7 cli a, , 1982 ''/l PASSED AND APPROVED on second reading this the �// 4 day of _ems, 1982 PASSED AND APPROVED on third reading this the p7U day of 1982 CI OF D TON, TEXAS ATTEST C RLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C J TAYLOR, JR , CITY ATTORNEY CITY OF DENTON, TEXAS BY PAGE 8-LONE STAR GAS COMPANY FRANCHISE ORDINANCE ORDINANCE NO V — O AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SECTION II OF THE FRANCHISE GRANTED TO LONE STAR GAS COMPANY BY ORDINANCE NO 82- 56 TO PROVIDE FOR AN AMENDED FRANCHISE FEE TO BE PAID BY LONE STAR GAS COMPANY FOR THE USE OF THE PUBLIC STREETS, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I As of the effective date of this amendatory ordinance, and upon acceptance by Lone Star Gas Company of the provisions hereof, Section II of the aforesaid captioned franchise ordinance enacted on July 20, 1982, shall be changed to substitute a three percent (3%) gross receipts fee for the use of streets and alleys instead of two percent (2%), as now provided in said section The other provisions of Section II shall remain un- changed SECTION II The terms and provisions of this amendatory ordinance shall be deemed to be severable, 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 III Except as heretofore and hereinabove changed and amended, the terms, provisions, conditions and requirements of the aforesaid franchise ordinance shall remain in full force and effect SECTION IV This amendatory ordinance shall become effective thirty (30) days after its final passage and approval, pending such time the full text of this ordinance shall be published one each week for three consecutive weeks in the Denton Record -Chronicle, the official newspaper of the City of Denton, Texas Only gas sold by the Company after the effective date of this Ordinance shall be assessed at three percent (3%) The payment made for gas sales prior to the effective date of this ordinance shall remain at two percent (2%) Lone Star Gas Company shall file its written acceptance of this amendment to the franchise ordinance with the office of the City Secretary of the City of Denton within thirty (30) days after its effective date and this ordinance shall be of no force and effect if not accepted within said period -401� PASSED AND APPROVED on first reading this the 6 day of , 1990 PASSED AND APPROVED on second reading this the -LT---'day of 1990 PASSED AND APPROVED on third reading this the day of 1990 ATTEST JENNIFER WALTERS, CITY SECRETARY BY APP D A TO LEGAL FORM DEB:?..A DRAYOVITCH, CITY ATTORNEY BY ATTEST lonestar 2/7/19/90 PAGE 2 ACCEPTED LONE STAR GAS COMPANY, GRANTEE AMENDED FRANCHISE ACCEPTANCE STATE OF TEXAS S COUNTY OF DALLAS $ WHEREAS, there was finally passed and approved on August 7, 1990, Ordinance No 90-108 amending the Lone Star Gas Company franchise enacted by the City of Denton, Denton County, Texas, on July 20, 1982, of record in the Minutes of the City Council, to change the street and alley rental fee in Section 9 of said franchise, which is recorded in Book of the Minutes of the City Council of said City, and WHEREAS, Section IV of said amendatory ordinance provides as follows "SECTION IV This amendatory ordinance shall become effective thirty (30) days after its final passage and approval, pending such time the full text of this ordinance shall be published one each week for three consecutive weeks in the Denton Record Chronicle, the official newspaper of the City of Denton, Texas Only gas sold by the Company after the effective date of this Ordinance shall be taxed at three percent (3%) The payment made for gas sales prior to the effective date of this ordinance shall remain at two percent (2%) Lone Star Gas Company shall file its written acceptance of this amendment to the franchise ordinance with the office of the City Secretary of the City of Denton within thirty (30) days after its effective date and this ordinance shall be of no force and effect if not accepted within said period 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 IV 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 IV quoted above, does hereby accept the provisions of the above amendatory Ordinance No 90-108 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 � Z 11L day of C-P-rumec - , 19�0 ATTEST Assistant Secr'dtary STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON 5 S S LONE STAR GAS COMPANY, A DIVISION OF ENSERCH CORPORATION Vice -Pr ident I, -Be ii . [A I ilia, City Secretary of the City of Denton, Texas, do hereby certify that the above and foregoing is a true and correct copy of a formal acceptance of Ordinance No 90-108 finally passed and approved by said City on August 7, 1990, 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 filed in connection with and as a part of said amendatory ordinance OF WHICH, witness my official signature and the seal of said City on this the day of V /i, , 19q6 City 0 City of Denton, Texas accept the franchise granted to it by the above -described ordi- nance, in accordance with its terms, provisions, conditions, and requirements, and subject to the stipulations and agreements therein contained WITNESS THE EXECUTION HEREOF, on this the -S I day of u _. 19 $3. ATTEST Q0S ista t Secretary LONE STAR GAS COMPANY, a Division of ENSERCH CORPORATION By Vice Ptesident STATE OF TEXAS § COUNTY OF DENTON § CITY OF DENTON § I, Secretary of the City of Denton, Texas, d�hereby certi y that the above and foregoing is a true and correct copy of a formal acceptance of a franchise finally passed and approved by said City on July 20, 1982, and of record in the Minutes of the City, and I do further certify that said acceptance has been duly presented to the City Council and filed in connection with and as a part of said franchise ordinance OF WHICH, witness my official Aignatu a and the seal of said City on this the �day of 1982 CitySecretary City of Denton -2-