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1962-016 ORDINANCE NO. ~ A~ ORDINANCE GRANTING TO LONE STAR GAS COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE AND FRAN- CHISE TO DISTRIBUTE GAS IN THE CITY OF DENTON~ TEXAS, REGULATING SAID DISTRIBUTION, PROVIDING OTHER REGULA- TIONS FOR THE CONDUCT OF SAID SYSTEM BY THE COMPANY, PROVIDING FOR A RENTAL FOR THE USE OF THE STREETS IN THE CITY OF DENTON, TEXAS THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 Sub3ect to the terms and condztlons mentioned in this ordinance the Czty of Denton, Texas, hereinafter called "City," hereby grants to Lone Star Gas Company, a Texas corporation, here- lnafterlcalled "Company," ~ts successors, lessees and assigns, con- sent 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 1-A~ Company agrees to pay and City agrees to accept, on or before the first day of April, 1963, and on or before the same day of each succeeding year during the l~fe of this franchise, up to and including the year 1981, a sum of money to be known as a street rental charge which shall be equzvalent to two per cent (2%) of the gross receipts received by Company from the sale of gas to its domestic and commerczal consumers in sa~d City, expressly ex- cludlng,i however, recelpts derived from sales to ~ndustr~al 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, without llmltatlon, the rlghts to use the streets, alleys and public ways of saad City It as also under- stood ~nd agreed subject to the provaslons of the following para- graph, that during the life of this franchise the above charge, measured in the manner herelnabove provided, shall be the entire and maxlmum charge which the City shall be entitled to make 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 lnstallataon or in any other manner Should the Legislature of the State of Texas authorize cities and towns within said State to levy and impose a greater street rental charge than two per cent (2%) of the gross receapts deraved from the sales of gas, then Caty 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 an the City of Denton, Texas If the part~es are unable to agree, City shall have the right to impose such additional charge upon nanety (90) days notice to Company "Industrial users or consumers," as herein used, are those generally and commonly classlfled 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 receapts received by Company from the sale of gas (expressly excluding sales of gas to industrial consumers wlthln the corporate limits of City) Company agrees that on ~e same date that payments are made as provided an the preceding paragraph of this Section l-A, it will file with the City Secretary a sworn report showing the gross receipts received from the sale of gas to its domestic and co~ercaal consumers wathan said City llmats for the calendar year preceding the date of payments City may, if it ~ees fit, have the books and records of Company examined by a representative of said City to ascertain the correctness of the sworn ~eports agreed to be filed herein SECTION 2 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 some other designated representative of the City SECTION 3 In the opening and refilling of all openings made by the Company, subject to the ordinances applicable thereto, it shall relay 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, and 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, and it is especially required that in all cases where work requires the exercise of skill, as in the relaying 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 T~e Company hereby agrees to fill up with tar or some other suitable substance any and all holes made in the pavement by driving bars through the pavement ~n ohecklng for leaks in the gas mains and service l~nes 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 C~ty Engineer before excava- tions ~ay be made in paved streets S~CTION 4 This franchise is granted subject to any and all valid ~rovlslons of the existing City Charter of the City of Denton, Texas, and all of said Charter 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 ~ny 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 5 The Company shall do no permanent an~ury to any street, avenue, alley, lane, bridge, stream, water course, park or public place nor in any manner disturb or interfere unnecessaraly with any electric lines, conduits, or equipment or wath any water or other pipes, nor with any public or private sewer now or hereafter lald or constructed by said City of Denton, or by any authorized per- son 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 laylng such conduits, sewer or water lines or other pipes S~CTION ~ The Company shall at all times keep and display the necessary danger signals and proper guards around all excavations and obstructions and whenever possible s~all keep sufflcaent space an good condition for travel of vehicles on at least one sade of all excavations and obstructions, and shall, as soon as practacable, restore all openings on the highways, streets, avenues and alleys and other public places to a condltaon equally as good as before said openings or obstructions were made Company shall hold the City harmless from all expense or blllty 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 elec- trolysis the City will use reasonable diligence to correct the situa- tion causing such damage SECTION 7 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, but it shall be entitled to contract with the customers for laying and furnishing service pipe from the curb or property line to and through the customer's premises, but it shall be optional with the consumer as to whether he shall employ Company SECTION 8 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 lts gas system and equipment in good operating condition at all tames, and meters shall be maintained within the range of accuracy required by the laws and regulations of the State of Texas SECTION 9 The Company shall furnish to City annually a map showing the additions, changes and extensions to its gas plant an the City of Denton SECTION 10 The City reserves the right to require and the Company agrees to make reasonable reports in the same manner as to other regulatO~y authorities ancludzng the Railroad Commission of the State of,Texas with respect to Company's gas distribution system an the City of Denton, Texas The City also reserves the right to have Company's books, records and accounts examined and audltsd by its authorized agents and representatives, such examinations or audits to he done and performed after reasonable notice to Company and within Company's usual hours of operation SECTION 11 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 12/The City reserves the right by resolution or other- wise to designate the location of any gas mains or gas service lines with reference to other municipal street facilities such as 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 un- necessarily 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 con- struct or reconstruct any conduit, water main, sewer or sewer connec- tion or other municipal public works or utility, it shall be the duty of the ~ompany, 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 grade 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 SEqTION 13 In addition to the rates charged for gas supplied, Company Imay make and enforce reasonable charges, rules and regulations for service rendered in the conduct of its business, including a charge for services rendered in the inauguration of natural gas service, and may require, before furnishing service, the execution of a contract therefor Company shall 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 ball, which said deposit may be retained by Company until service is discontinued and all bills therefor have been paid Company shall then return sa~d deposit to the consumer, together with slx per cent (6%) interest thereon from the date of said deposit up to the date of d~scont~nuance of service Company ,shall be entitled to apply said deposit, with accrued interest, to any ~ndebtedness owed Company by the consumer making the deposit SEqTION 14. All ordinances or parts of ordinances heretofore adopted by the City Council of the C~ty of Denton, Texas, granting gas franchises to any person, f~rm or corporation, are hereby expressly repealed and are of no further force or effect SECTION 15 Each section of this ordinance and each part of each section hereof is hereby declared to be an independent sectlon 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 16 Nothing contained herein shall change the present rates now in effect in the City of Denton, Texas, hut it is under- stood that such rates and charges shall be subject to revision and change by either the City or the Company from time to tlme in the manner authorized by law SECTION 17 This franchise ordinance shall be effective thirty (30) days after ~ts final passage and approval, pending such time the full text of th~s ordinance shall be published once each week for thrlee consecutive weeks an the Denton Record-Chronicle, the official newspaper of the C~y of Denton, Texas, Company shall file its written acceptance of thzs franchise ordinance wzth the offzce of the Cmty Secretary of the C~ty of Denton wzthln thirty (30) days after ~ts effectlve date and th~s ordlnance shall be of no force and effect ~f not accepted wzth~n sa~d period PASSED AND APPROVED on f~rst readzng this the /~-~ day of M ~ h; , a D 1962 PASSED AND APPROVED on second readlng this the ~ day of PASSED AND APPROVED on third readzng thzs the ~ T_.N day of J UN£ , a D 1962 Mayor Clty of Denton, Texas ATTEST d~ty Secretary Czty of Denton, Texas ~lty-Attorney City of Denton, Texas STATE OF '±'~S COUNTY OF DENTON WHEREAS~ there was fmnally passed smd approved on June 14, 1962, to be effective on July 14, 1962, Ordmnauce No 62-16, grantmng to Lone Stam Gas Company~ a corpormtmon, its s~ceessors a/id ~sslgns, a franchise to furnmsh smd supply gas to the general publmc mn the Cmty of Denton, Denton County~ Texas, smd the environs thereof, whmch ms recorded in Book 17, page ;~ of the Mmnutes of the Cmty Councml of said Cmty, s~ud mn Volume 3, 0rdmnsuuce Book of the Cmty of Denton~ Texas, smd WHEREAS~ Sectmon 17 of s&md ordmnsmce provmdes mn part as follows " Compsmy shall fmle mts wrmtten acceptance of this franchmse ordmna~se wmth the Offmce of the Cmty Secretary of the Cmty of Denton wmthmn thmrty (30) davs after its effective date smd thms ordi- nance shall be of no force mn effect mf not accepted wmthmn said permod" AND, WHEREAS, mt is the desmre of Lone Star Gas Compamy~ the holder of the rmghts, privmleges smd grsmts under the aforesamd frsmehise ordmnance~ to comply wmth the above-quoted provmsmons of Sectmon 17 thereof NOW~ THERFORE~ premses consmdered Lone Star Gas Compaz~y, acting by and through its duly authormzed of£mcers, and wmthmn the tmme prescrmbed by Sectmon 17 quoted above, does hereby agree to and accept the franchmse granted to it by the above descrmbed ordm- nauce, in accordance with its terms, prOVlSlO~S~ conditions and qu~rements~ and subject to the stipulations and agreements therezn contained WITNESS THE EXECUTION HEREOF~ on thzs 17th day of July, ~ 1962 ATT~$T LONE STAR GAS COMPANY Vice President -2- STATE OF TEXAS COUNTY OF DENTON I~ W D Buttrzll~ Secretary off the Cmty of Denton~ Texas, do hereby certmfy that the above and foregoing ms a true and correct copy o£ a formal acceptance of Franchise Ordmnance No 62-16 fmnally passed and approved by said City on June 14~ 1962~ and of record in Book 17~ page .~ of the Minutes of the City and mn Volume 3 of the Ordmnaace Book of the City of Denton, Texas, and I do further cert~£y that acceptance has been duly presented to the City Councml and filed mn connection with and as a part of sa~d franchase ordmnance OF WHICH~ witness my official s~g~ature and the seal of sa~d Cmty on this the ~ ~ day of ~ ' 1962 Secret~ry City of Denton, Texas