99-0240
i I Denton Record-Chronicle/Monday
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ilY11rIIWIW
LEGAL NOTICES LEGAL NOTICES LEGAL NOTICES LEGAL NOTICES `LEGAL NOTICES LEGAL NOTICES LEGAL NOTICES LEGAL NOTICES
atlminisiraTive or legal pro- Pay the cost Thereo . the State of Texas and in aC• officer,emplo ee, ora ant of
-above groan tli5iributi0n Y 9 negotiations and proceed Member, votin a
20. COMPLIANCE WITH ceetling, or investigation as ~ cordance with Section ~ cite Com an of the Offense of g Ye
ENVIRONMENTAL LAWS: (d) Compan Facilities tielz)nging f0 the` p Y with due diligence t0 draft a' STATE OF TEXAS
to which the Indemnity pro- Y-agrees that 2453.021 of the Texas Govern- ,Company wht`ISare not oth•' bribery or fraud connected term that` will achieve the COUNTY OF DENTON
Company shall take such videtlforintheaboveSection with respect to the abovere• mentCodeinTheamountof ~ ••With'or resulting from the
erwise purctibsedby the City original intent of the parties I, Jennifer Walters,.
measures which will result in hereof may apply, the quired-insurance, all insur- One Hundred Thousand Dol• at The Termination of the rawarding of this Franchise to hereunder.
City Secretary of the City c
its Facilities meeting The ,Indemnitee shall notify the ante contracts W(II contain tars (5100,000,00) toguaran- ;Franchise."All property af- The Company. Denton,
Texas do herebycei
standards required by appli- Cofnpany'in writing of such' the follow_ ing required provi- tee Company's performance fected by such removal shall ~(B) The foregoing shall not
q2, ENTIk.E AGREEMENT- city that the above and ton
cable federal, state and envi~ fact. Company shall assume Signs: for The construction Of Com- be restored by The Com any '~COn5litUte a breach if The Vio• This Franchise
constitutes
ronmenial laws. The Compa- 7. NamelheCi anditSOffi- p going 6s a true and correc
the defense thereof with h' pony's facilities. The bond To substantially its former '•Iati0n occurs without fault of the entire agreement of The copy of the franchise
for ga
ny will provide the City with counsel tlesignatetl by Com• cars, ~•'employees, board may be adjusted in sable- condition after said removal. 'The Company or occurs as a
parties- There have been no ordinance between the Cii
status reports of such mea- Party and satisfacior to the members and elected repre- Aught ears in accordance ~ result of circumstances be- ,
Y Y representations made other of Denton, Texas, and Co.
cures. ~ Indemnitee. sentatives as atltlifional in- ~ with Construction Proiec- 32. TRANSPORTATION Yond its control which could Than those contained in this
erv Gas, an affiliate of Der
sureds' (as The interests of flans in the Exhibit attached AND PROCUREMENT OF~ ~-not have been avoided as a Franchise. Ton County Electric and the
21. OFFICE LOCATION: each insured may appear) as the full text of The OrdinanC
(B) 5houldan intlemniteebe to 25%of the projected con- GAS BY CITY: result of the exercise of rea-
Company shall maintain an entitled to indemnification' to all applicable coverage; struction costs, but in n0 The City expressly reserves sonable care. Company shall
q3. COMP.ANYAPPROVAL: was published once eat
office and provide iocal~and antler the above Section as a 2, provide for thirty (30) event less Than 525,000, the right To procure, trans- not be excused by mere eco-
The Comfrany shall file with week for two consecutiv
y (B) The ri hts reserved to
toll free''tElephone number, result of a claim b a third days nofice~ to-the CiTy for g port and resell Gas. If re- nomiC hardship nor b mss- City Manager written
ap- weeks in the Denton Recon
which shall provide prompt, Party, and Company fails to cancellation; noH•renewal, or the City with respect to The nested b the Cit The Com- y
reasonable responses to Res- material than cat the ad• q Y y feasance or malfeasance of proval of this Franchise and Chronicle, the official new:
assume the defense of such g bond are in addition to all pony shall transport Gas its directors or officers. of all it terms and provisions paper of the City
of Denior
itlenis' service requests. claim, the Indemnitee will, dress shown below by regis- other rights of the City, pq•rchasetl by The City ai least ten tla s
Company shrill provide a 24- at the expense of Company, Tared or certified mail; whether reserved by this Through its Facilities for use (C) The City Council retains y
Prior To the The same is now recorded c
hour toll free Telephone Hum- 3. Cgmparty agrees To waive the right to Terminate this City Council meeting aT Ordinance No. of the Ord
Contest (or, with The prior Franchise ordinance or au- by_ the City irr its Facilities ~ Franchise ordinance, Com- which the ordinance granting Hance Records of the City
~
her for emergency use. Com- yyrillen consent of Company, ~ subrogation against the CiTy, Thorizetl by law; and no ac- and/Or its Residents pursu• pony's use of the ublic
the Franchise is To be ap- Denton, Texas.
pony shall ~Iways keep and settle) such third party its o£f icers and employees, Lion, proceeding or exercise ant to separate transporta• P r
maintain its books, records, claim. for personal injuries (includ- of a rightwith respect to such sign Contracts with the City streets or Public Easements P ovetl.
WITNESS MY AND this tf
contracts, a counts, data- ~ ing death), property damage ~ is inconsistent with the pub- 79th day of January A.D
4 bond shall affect any other and in accordance with IicuseorwheneveriheCOm- 44.ANNEXATIONTO 7999.
menis and papers, and shall pb. INSURANCE: or any other loss; rights the City may have. Grantee's tariffs.
make them available for in-, (A) Company shall obtain 4. Provide that all provi- ~ - pony's use has become a Hui- THECITY: (Seal)
specilon by City'officials and ~ sions of~ihe~franchise ordi- lance. When any property owned by Jennifer Walters
and maintain in full force 28. PAYMENT OFEXPENS• 33.CURTAILMENT:
employees upon request. and effect throughout the nance,~as amended, concern- ES INCURRED BY CITY IN The Company shall not cur- (D) The City may make~a the Company
becomes eligi- City Secretary
ing liability, duty, and written demand that the ble for voluntary annexation ACCEPTANCE
Term of this franchise ordi- RELATION TO ORDI• tail Gas deliveries except in Company comply with an to theCity andisnotsimulta- WHEREAS, the City Count
22. REpORTSON standard of care, including Y
Hance, and any extension or NANCE: compliance with the Com- such r neousl
COMPANY OPERP Indemnity, contractual lid- p ovision, rule, order, y eligibleforvoluntary of the City of Denton, Texas
renewal thereof, insurance (A) At the City's option, the pony's curtailment plan ap- or determination antler or annexation to another manic- did On the 19Th day of Jam
TIONS biliTy coverage sufficient to
with an insurance company Company shall pay in atl- proved by the Railroad Com- ursuant TOthis Franchise. If idol car dry, 7999, enact an Ortlinanc
AND ACTIVITIES: include such obligations P poration,iheCompa-
approved to do business in vance or reimburse the City mission. the violation by the Company ny shall petition To annex the entitled:
(A) The Company ShaII SUb• within applicable p0lid ie5; y AN ORDINANCE WHERE
the State of Texas and ac• for expenses incurred in an
mat reports and information and ~ continues for a period of ihir- same upon request made by
rreptable to the City's Risk Rroposetl transfer of the 34. PENALTI ES: y g y, provided that no BY THE CITY OF DENTOt
to the City in the manner and 5. Provide that the ''other ty (30) tla 5 followin such the Cii
Manager which conforms To Franchise including, without For the violation of any of the written tlemandwithoutwrit- condition of such annexation TEXAS, GRANTS TO
the requirements set forth limitation attorney's fees, followin rovisions of this
form prescribed by the Rail- insurance" Clause shall not 9 p ten proof that the corrective shall impair the Company's COSERV GAS ANON-E?
road Commission, oh its sac- apply to the City where City action has been taken or is ownership or then existing
'herein below. The insurance consultant's fees, publication Franchise, penalties shall be CLUSIVE FRANCHISE T
shall be insured in the scan- of notices and ordinances
cellar, except as otherwise is an 'addition'al insured paid by Company within ten being actively and expedi- use of its (rroperiy. Except as FURNISH, TRANSPORT
provided herein. tlartl form approved by the shown air the policy. and for photocopying of data- days~of assessment by City Tiouslypursued, The Cit ma herein provided,
The Compa- SELL AND DISTRIBUTI
Texas De arimeni of Insur• (e) Company shall notify menis arisin from the nego- Resolution in atltlition To an y Y
p g Y take antler consideration, at ny agree<-. to meet all terms GAS TO CUSTOMERS I I
1. Upon the City's request, City in the event of any public hearin DENTON, TEXAS, FOR ,
ante and shall meet the re- nation of this Franchise. other rights or remedies the a g presided and conditions im aced Upon
the Company and the City changes in coverage~antl p
quirements set forth herein (B) All CiTy expenses ream- City may have ai law or in over by the City's governing the anne:ation by the City PERIOD OF TEN (10
below. Company shalt pro- burled by the Company un- a uii
shall meet to share informs- shall give such notices not q y; body, the issue of termina• that are no more strip ant YEARS FORA FRANCHISI
iron regarding excavations in less than thirty (30) days pri- der this section shall not be g
vide the City's Risk Manager (A) For failure to complete Tion of the Franchise. Tne than ihose~im aced enerall FEE IN THE AMOUNT O~
public streets, Public Ease- ryith roof of such insurance or To The change, which no- surcharged by the Com an p g Y 3% OF REVENUES COL
p P Y• construction in accordance City Shall cause to be served upon pro{lerTy owners seek-
menis,antloiherpublicprop- Lice must be accompanied by 2q, RIGHT OF FIRST g p upon Company, at least Thir- ing annexation of their land
so required at the Time of fit- with a reed tans, unlessihe LECTED AND PROVI DINT
ernes made by the Company a replacement Certificate of PURCHASE'
ing the acceptance of fran-, City specifically approves ~ty (30) da s nor To the date to the Cit DEFINITIONS-
within the Ci1Y• Information Insurance. All notices shall Y P ~ Y. The Company , PROV IC
chile. The CiTy reserves The (A) In The event the Comps- the delay, Company shall of such a hearin ING A PAYMENT SCHE[
shared shall include: ~ be given To City at the follow• n g, a written shall be exempted from a
right to review these insur- Y aT any Time during the pay Two Hundred Dollars notice of intent to re ue ULE AND STATEMENT 0'
a. Exact IoCafions of ex~ ing addresses: q sT public donation of land, mon-
ance re uiremenis tlurin term of the Franchise pro- (8200.00) per tla for each REVENUES; PROVIDI NI
cavations q g Y such termination and the ey or water rights arising
the effective period of the posesiosellortlisposeofany day, orparfihereof,Thaithe FRANCHISE FEE NOT II
b. Date(s) excavatinc City Manager of its Facilities located with- time and place of the hear- from such mandatory annex'
franchise ordinance, and any failure continues. in Public notice shall be ationunderlhissectiontoThe LIEU OF•OTHER FEE
made City of Denton in the CiT g•
extension or renewalihereof, y, it shall grant to (g) ForfailuretOprovidetla- iven of Th AND CONTRACT OBLIGE
c. City permit number 275 E. McKinney the City the ri hT of first 9 e hearing and The extend that the land being
and to adjust insurance cov- 9 Pur- ta, documents, reports, infor- issue which the Cit i TIONS; PROVIDING DE
tl. Contractor Denton, Texas 76207 chase of same. The Gom an Y'S t0 con- annexetliscommitted,detli-
erage and Their limits when P Y motion or To cooperate with cider. toted anti bean PEN DABLE GAS SVPPL•
e. Purpose deemed necessar and pru- (f) Company shall immetli- snail obtain a qualified ap- Cit durin an audit, Com a- (E) The Cit shall hear and Facilities
dire tluTflnvolved
Y Y 9 P AT LOWEST REASON
f. Cost ately advise the City Risk raisal on an Y Y
dent by the City's Risk Man- P ysuch Facilities ny shall pay Two Huntlretl Consider the issue and shall in trans ortin or tli5tribUt- ABLE COSTS; PROVIDINI
dger based u on than es in Manager of any actual or po- and the City shall have sixty Dollars ($200.00) per tla for p g
2. Should Company trans- p g 'tential litigation that may de-~ Y hear any person interested ing Gas under this ordinance, OBLIGATIONS REGARC
statutory law, court acct- days from the time such ap- each day The violation occurs therein. City Council Thereof- and ING COMPANY FACILI
port Gas within the City on sions or the claims History of velop that would affect This praisal is provided to the Cit provided further that
Y or continues. ter shall determine whether TIES, LONG-RANGI
behalf of third parties includ- insurance. in which to exercise the ri ht said exenlpTion from public
the intlusirY, as well as Com• 9 (C) For failure to comply or not any violation by the donation shall not extend To PLANNING FOR CAPITA'~~
ing affiliates, Company shall (g) Insurers Shall have no of first purchase by giving
notify the Cit of the Pant' rs ht Of recover a ainsi the with any financial obligation Company has occurred. IMPROVEMENT PRC
Y 9 Y 9 written notice TO The Compa• required herein, Company (F) If the City shall deter- any unimproved land or land JECTS, CITY REVIEW OI
shipper's name, address, (8( Subject to Company's City, it being the intention ny. Should the City not pro- shall pay to City Two Hun- mine that the vl0laTion by the
not so committed, dedicated CONSTRUCTION AND DE
telephone' number, volume right to maintain deductibles that the insurance policies vide the required written no- and currf!nTly used.
Transported, duration of in such amounts as are ap- sha'll protect Company and tlred Dollars (5200.00) per Company was the fault of SIGN, REQUESTS BY CIT•
Lice, the Company may day for each day, or part Company and within iTS con- FOR RELOCATION OI
transport arrangement, proved by the City's Risk the CiTy and shall 6e primary proceed to negotiate with 45. THIRD PARTIES:
transport fee and such other Manager, Company shall ob- covers a for all losses cov- thereof, Thar such noncompli• Trol and could not have been COMPANY FACT
LITI E
9 oihersforihesaleofsuchFa- Noshing contained in this
information requested by Lain and maintain in tuft credo -the licies. ante continues. avoided with exercise of red- AND WORK BY OTHERS
Y PO ~cilities provided that the Franchise Shall be construed
Cityfromtimetotime,butin force and effect for thetlura- (h)Companiesissuingthein- Company may not sell such (D)ForfaiiureofCompany sonable care„the City may To provide
rights To third par- PROVIDING FORCHANG
no event later than 72 hours Lion of this franchise ordi- to comply with operational or deClaretheFranchiseofThe ING BOUNDARIES OI
surance policies shall have Facilities for an amount less ties.
prior To initial deliveries. 'Hance, and any extension or no recourse against the City than 95 percent of the ~ap- maintenance standards, Company forfeited and Ter-
CITY AND ABANDON
renewal Thereof, ai Com- for payment of any premi- Company shall pay to City urinated, or the Council may MENT; PROVIDING CIT`
praised value without first Two Hundred Dollars 46. COMPLIANCE WITH
23. DETAILED BILLS: "pony's sole expense, insur• ums or assessments which grant To Company a period NOT REQUIRED TO AD
providing the City an oppor- ($200.00) per day for each for compliance. CITY CHARTER: VANCE FUNDS; PROVIC
All bills sent To the City by ante policy covereage in The are the sole responsibility of ~ tunity to purchase such prop- Company recognizes, ac•
day, Or part thereof, Yhat
the Company shall include following type(s) and mini- Company, erTy at such lesser price, in cepis and agrees that the ING FOR TECH NOLOGI
all information re uesied b 'mum amounts' such noncompliance contin- 37. OTHER LEGAL REME- CAL IMPROVEMENTS
q Y (i) 1.WithouTlimitingany whicheventiheCitymustno- terms, conditions and provi-
ues. DIES/RIGHT OFAPPEAL: PROVIDING FOR COMPLI
the City including without ofiheotherobligatlonsorlia- city the Company in writing sions of this Franchise are
FACILITIES OPERATION (E) For failure to provide in (q) Neither the City nor the ANCE WITH CITY RULE.
limitation account numbers, bilities of Company, Compa- within 30 days if wishes to subject to the applicable pro-
Type a continuing manner the ser• Company by accepting this visions of the City Charter. AND REGULATIONS
address and items metered ny shall require each subcon- purchase such Facilities. vices s ecified herein, Com- Ortlinancewaives its ri ht to RAILROAD COMMISSIOm
and they shall specify the 1. Workers' Compensation Tractgr erformin work p
and Em to y p 9 (B) Upon the exercise of the g Any request by Company for
type of account for which p yersLiabilit y' p purchase, pang shall payTwaHUndred seek all appropriate legal SPECIFICATIONS AN[
Amount under the franchise ordi- Cii 5 o Lion to Dollars (5200.00) per day for and equitable remedies as al- a modification to this Fran- REGULATIONS, AND
EN
charges are made for Gas Hance to maintain, at the other than under subsection chile shall be subject to a re•
service. The Com an shall Statutory subcontractor's own ex- each day, or part thereof, lowed by law upon violation VIRONMENTAL LAWS.
P Y (A) above, the parties Shall view by file CiTy Attorney for
rovide the CiTy annually 5100,000/500,000/100,0 that each noncompliance of the terms of this Ortli- PROVIDING OFFICE AN[
p dense, during the term of the negotiate in good faith to tla- compliance with the appli[a-
continues. Hance by the other party, in- DETAILED BILLS; PRO
with a complete listing of all franchise ordinance, the ~ terming a mutually accept- ble provisions of the CiTy
the City's accounts. Type same stipulated minimum able purchase price. No vat- (F) City will not adopt reso• Clutling seeking inlunctive Charier. VI DING
CITY HEL[
2. Commercial General (pub- insurance, includin the re- ue shall be lution prior to consideration relief in a court of competent HARMLESS AND INDEM
g given t0 the
24. CITY HELD HARM lic)Liability insurance in- at a public hearing presided lurisdiciion. Such right To q7. API~LICATION OF NIFICATION, NOTICE T(
_ quired provisions and adds- Franchise or to public righT-
LESSANDINDEMNIFIED: clutling: clonal policy tonditions~ as of-way. over by City's governing seek Injunctive relief is ex- TERMS IN COMPETING COMPANY, INSURANCE
(A) The Company shall con- (i)All Premises/operations Shown in (b) above. As an al• (C) Notwithstanding any- body, Seating forth alleged Pressly reserved and all
FRANCHISES AND BONDS; PROVIDIN(
strati, mainiarn and operate (ii)Intlepentlent contractors ternative, Company may in- Thing herein to the contrary, failures compiainetl of and terms and provisions hereof
The Term; of this Franchise PAYMENT OF EXPENSE:
allowance of company-to re-, shall be enforceable through INCURRED BY CITY it
' `is:+" - ~ ~ - ~ -+fY and the Company which are not contained ~in
which-provides, reasons-ble -4Per~ IOnS`" ~ 'additional insured On'its own ~~cannoT reach a reement as- spond-to 'axle ~etl'fai(vr25, i~l4nctive relief. y entiT RELATION
TO ORDI
g g The fran~n(gg;,pf an y
rotection a ainst inlury Or (iv)Personal & advertising g P purchase price or ac- Company to receive thirty (EI) Nothing herein shall b'A' "obtaining orrenewingafran•
NANCE; PROVIDINS
P 9 covers a as rescribed un- to ine
dams eco persons or pro er- ~ inlury ~ ~ q p payment terms (30) tldYs written notice-of deemed to constffbte a'Waiv- Chase for gas within City RIGHT OF FIRST
PUR
9 P der these re uiremenis (ex- ce table er, release, or'relin
ty (v)Conirattural liability failures complained of and quash- CHASE, RIGHT TO PUR
ceps for worker's compensa- wiThiil'ninety (90) days after from and after January 1,
(no limitations) Tian insurance, which The commencement of negotia- Thirty (30) days written no- menT of the City's or the 1999 shall be unenforceable. CHASE
OR CONDEMN
(B) N,otwithsta nding any (vi)Explosion, collapse and subcontractors must sepa- Lions, the City may tom- lice of the public hearing Grantee's right TO contest or
To the extent terms more fa- LIMITATIONS OF COM PA
other provisions of this Fran- underground hazards rarely obtain), Company's mence condemnation pro- date and time t0 consider appeal any action or decision vorable
to the franchisee are NY REMOVAL OF FACILI
chase, Company (the "Indem- Amount adoption of resolution. of the other party made con- TIES, TRANSPORTATIOt
Combined sin le limit for Certificate of insurance shall ceedings, and each party contained in another fran-
nitor")acknowledges its pri- g note inihe event that the sub- shall have rights provided by (G)Shouttlthe new Lone Star Crary Jo anyfetleral, state or Chase for ~7as
obtained or re- AND PROCUREMENT OF
mary responsibility for the bodily inlury and property Contractors are included as law relating" to contlemna- Gar Franchise resVli in an in- local law, rule or regulation,
Hewed by the City from and GAS BY CITY AND CUR
tla To-tla o eration of its damange of 510,000,000 per - crease in the franchise fee to TAILMENT; PROVIDIN<
Y- Y P addition insureds. Tion; provided, however, no after January 1, 1999, such
Facilities in full accordance occurrence or its equivalent 2. Company shall obtain award shalt be made for the 4%, then per Section a(A) 38. NO WAIVER: terms shall be applicable
to CIVIL PENALTIES, FORE
with the terms of the Fran• and monitor The certificates value of the Franchise or this franchise increases as Neither the City nor TheCOm- Company as if contained
CLOSURE, FORFEITURE
chase. The Intlemnitor cove- ~ Type well and the daily civil penal- pony shall be excused from AND TERMINATION ANC
of insurance from each sub- ~ Public right-of-way. herein and shall control over
3. Comprehensive Automo- ty in subsection (A) Through complying with any of the OTHER LEGAL REME
Hants, warrants and repre- coniracior in order to assure 30. CITY'S RIGHT TO PVR- the terms contained herein.
cents that Company will bile Liability insurance, in- compliance with The insur- CHASE OR CONDEMN: (E) shall be reduced to 5100. Terms and conditions of this 48. EFFECTIVE
DATE: DIES; PROVIDING N(
cludin9 coverage for loading ~ if Lone Star's franchise fee Franchise by any failure of WAIVER, RIGHTS OF SUC
conduct, operate ar~d man- once requirements. Compa- Company agrees, acknowl- This Franchise ortlinande
age its business and affairs and unloading hazards, for: ny must retain the certifi- edges, and affirms City's does not increase but its pen- the other, or any of-its off
i- shall take effect twenty-one LESSORS AND ASSIGNS
in compliance with all feder= fi)Owned/leased automo- Cates of insurance for the right to construct, purchase ally is reduced below $200, cars, employers, or agents, (27)
days after Its final pas- REPRESENTATIVES AN[
bales then this enali Y
al and State laws and all rules tluration~of this"Franchise, or condemn any public utility P YProvisionw upon an one or more occa- sage, perming publication of
NOTICES, SEVERABILI
and regulations, in addition (ii)non-ownetl automobiles ill be adjusted accordingly, sions to insist upon or seek the ordinance as required by TY, ENTIRE AGREE
N(iii)Hiretl automobiles and shai7 have the responsi- works, FaciliTiesor rights-of- Com Ilan
to all of the Terms, require- biliTy of enforcing these in- ways ofiheCOmpanyishere- P - ce with any such Sec. 13.02 Of1heCityCharter, MENT, COMPANY AP
Amount 35. FORECLOSURE: terms and conditions. PROVAL, ANNEXATIOf
menis and provisions of this surance requirements by expressly reserved. ~ ~ and acceptance in ac~or~
Franchise. Combines single limit for