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HomeMy WebLinkAboutOrdinance No. 6 ORDINANCE NO.� AN ORDINANCE OF THE CITY OF FRIENDSWOOD, GALVESTON COUNTY, TEXAS, CONTRACTING WITH AND GRANTING TO GAS UTILITY SERVICE COMPANY, ITS SUCCESSORS, LESSEES AND ITS ASSIGNS, RIGHT-OF-WAY, PRIVILEGE AND EASEMENT TO LAY, CONSTRUCT, EQUIP, USE, OPERATE AND MAINTAIN GAS MAINS, PIPES, AND CONNECTIONS ALONG, ACROSS AND THROUGH THE STREETS, AVENUES, ALLEYS, ROADS , HIGH- WAYS, AND OTHER PUBLIC PLACES AND GROUNDS OF THE CITY OF FRIENDSWOOD FOR THE PURPOSES OF CONVEYING AND TRANSPORTING NATURAL GAS INTO, OUT OF, AND THROUGH SAID CITY FOR SALE AND DISTRIBUTION: PROVIDING FOR ACCEPTANCE OF THE ORDINANCE WHICH IS EFFECTIVE FOR FIFTY YEARS: AND PROVIDING FOR EMERGENCY PASSAGE, WHEREAS, Gas Utility Service Company, a Texas Corporation, 4omiciled in the City of Angleton, Brazoria County, Texas , under its general powers from the State of Texas , has been distributing, selling and delivering natural gas to consumers in Brazoria County, Harris County and Galveston County; and, WHEREAS, the Gas Utility Service Company desires to obtain a formal franchise and contract from Friendswood, for distributing, seLling and delivering natural gas to consumers within the boundaries and Limits of Friendswood, Texas; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, GALVESTON COUNTY, TEXAS: SECTION 1: That, subject to the terms , conditions and provisions of the contract and franchise contained in this Ordinance, the right, privilege is hereby given to Gas Utility Service Company, a Texas Corporation, having its domicile in Angleton, Brazoria County, Texas, and hereinafter called "COMPANY" , and to its successors , Lessees and assigns , i to Lay, construct, equip, use , operate and maintain a system of gas mains , pipes , connections , conduits and feeders , together with aLL necessary or -1- desirable attachments , connections , fixtures and appurtenances , along, across and through the streets , avenues , alleys , roads , highways and other public places and grounds of said Friendswood as now or hereafter Laid out; for the purpose of conveying and transporting natural gas into, out of, and through said City of Friendswood for distribution and sale for Light, fuel, power, heat and any other use by Company beyond and 'outside of the Limits of the City, with.the right to connect said gas mains with the pipes and other equipment of persons to whom said Company may sell or distribute such gas; also, the right to construct , install,operate and maintain all necessary or desirable cutoffs , connections , laterals , attach- ments and equipment as a part of and connection with said gas mains and such use thereof. SECTION 2: Company agrees said gas mains shall be placed underground at a minimum depth of eighteen (18") inches and Company shall place the streets , alleys , etc. , through which same are laid in substantially as good condition as they were previous to the laying of such mains , and i shall pay to the City of Friendswood any and all damages for failure so to do, and shall indemnify said City of Friendswood against said damages to any persons by reason of the laying of said mains and the damages for the use and maintenance thereof, and in allthings comply with the Ordinance per- t I taining to streets , bridges and alleys heretofore adopted by the City Council in determining the policy with reference to such streets , bridges and alleys. rSECTION 3: Wherever the word "Company" occurs in this Ordinance, it shall mean and be understood to be Gas Utility Service Com- pany, or its successors ,.,lessees or assigns; and wherever the word "persons" appears in this Ordinance, it shall be understood to mean any natural person firm , corporation, or assiciation of any kind or character whatsoever. All rights given Company shalt inure to the benefit of Company's successors , lessees or assigns. -2- idq �! SECTION 4: In consideration of the rights and privileges herein granted, the Company agrees to pay as rental to the City of Friendswood annually during the continuance of this agreement, a sum of money equal to two percent (12j%) of the annual gross receipts for the preceding year received by the Company from the sale of gas, to con- -- - sumers for residential and commercial purposes within the corporate - -- Limits=of-th- City of-Friendswood, Texas, excluding the amounts received from any governmental agency. _ On or before the first.day of March of each-.and every year beginning with the Company shall file with the Secretary of the City of Friendswood, a sworn report showing the gross receipts from the sale of gas to consumers for residential and commercial purposes within the corporate limits of the City for the next preceding calendar year ending The report to be filed on or before shall cover and apply to that portion of the calendar year 1961, beginning on.the date of the first sale of gas by the Company and ending on December 31 , 1961, and the two percent (2%) of gross receipts for the calendar year 1961 shall apply to such portion of the calendar year 1961. With each annual report the Company shall pay to the City of Friendswood a sum of money equal to two percent (27b) of the gross receipts covered by the report. Upon receipt of the abeve amount of money by the City, the Secretary of the City of Friendswood shall deliver to the Company a receipt for such amount. The consideration as above set forth of this Section4, shall be paid in Lieu of and received in lieu of any licenses , charge , fee, U street or alley renta 0r other character of charge for use and occupancy -3- of the streets,, alleys and public places of the City, and in lieu of any pipe tax or inspection fee or tax. SECTION 5: The Company, after the original installation of its lines shall be required to extend its lines to service such new customers as shall request it and shall makeno charge to such new customers for the first 200 feet of such extensions, but shall be entitled to require payment by such new customers of its usual and customary charges for such line in excess of 200 feet, SECTION 0: Upon request of-the City Council or their duLy authorized agent, the Company will furnish a complete map showing all existing pipelines , meter connections, together with detailed information as to the size of such lines and will also furnish the City Council, at their request, a complete breakdown, based on accepted accounting principles , of the assets of the Company Located within the corporate limits of the. City of Ri:iendswood, Texas, SECTION 7: This Ordinance shall become effective and continue in full force and effect for a period of fifty (50) years from and after the date of the written acceptance by Company of this Ordinance. SECTION 8: If any section, paragraph, subdivision, clause, phrase, or provision of this Ordinance shall be adjudicated invalid or unconstitutional, or be unenforceable for any reason, the same shall not affect the validity of this Ordinance as a whole, or any part hereof, other than the part which is invalid, unconstitutional, or unenforceable. SECTION 9: The fact that the Company desires to Comm nde its installation as soon as practicable and this will be to the best interest i of the residents of Friendswood, and suchwork cannot be commenced, before the granting of this franchise, creates and emergency and thisl Ordinance shall take effect and be in full force from and after its passage, -4- . .! : J'' approval and publication, if any, as required by Law, PASSED AND APPROVED this the ef� day of June, A. D. 1961. CITY OF FRIENDSWOOD, TEXAS Mayor., City of Friendswood, Texas '' (Co rpo•ra�e�l�eal) ATTES City Secretary, City o riendswood, Texas 1 i I 1 i i f -5-