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HomeMy WebLinkAbout1953-0181 - Ordinance - 06/15/1953ORDINANCE NO. 181 `7 / AN ORDINANCE GRANTING TO LONE STAR GAS COMPANY, A CORPORA- TION, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO FURNISH AND SUPPLY GAS TO THE GENERAL PUBLIC IN THE CITY OF COLLEGE STATION, BRAZOS COUNTY, TEXAS, AND THE ENVIRONS THEREOF; FIXING RATES AND CHARGES FOR NATURAL GAS AND NATURAL GAS SERVICE; PROVIDING FOR THE PAYMENT OF A FEE OR CHARGE FOR THE USE OF THE STREETS, ALLEYS AND PUBLIC NAYS, AND PROVID- ING THAT IT SHALL BE IN LIEU OF OTHER FEES AND CHARGES, EXCEPTING AD VALOREM TAXES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: SECTION 1. That the City of College Station, Texas, hereinafter called "City," hereby grants to Lone Star Gas Company, hereinafter called "Company," its successors and assigns, consent to use and occupy the present and future streets, alleys, highways, public places, public thoroughfares and grounds of City for the purpose of laying, maintaining, constructing, operating and re- placing therein and thereon pipe lines and all other appurtenant equipment needed and necessary to deliver and sell gas to persons., firms and corpora- tions, including all the general public, within the City's corporate limits and the environs thereof, said consent being granted for a term of twenty- five (25) years from and after the date of the final passage and approval of this ordinance. SECTION 2. Company shall lay, maintain, construct, operate and replace its pipes, mains, laterals and other equipment so as to interfere as little as possible with traffic and shall promptly clean up and restore to an ap- proximate original condition, at its cost, all thoroughfares and other sur- faces which it may disturb. The location of all mains, pipes, laterals and other appurtenant equipment shall be fixed under the supervision of the City Council or an authorized committee or agent appointed by said Council. SECTION 3. When Company shall make or cause to be made excavations or shall place obstructions in any street, alley or other public place, the pub- lic shall be protected by barriers and lights placed, erected and maintained by Company; and inthe event of injury to any person or damage to any prop- erty by reason of the construction, operation or maintenance of the gas dis- tributing plant or system of Company, Company shall indemnify and keep harm- less City from any and all actual or alleged liability in connection there- with. Company shall repair, clean up and restore to an approximate original condition, all streets and alleys disturbed during the construction and re- pair of its gas distributing system. / SECTION 4. Company may make and enforce reasonable rules and regu1.a- tions in the conduct of its business and may require, before furnishing serv- ice, the execution of a contract therefor and may require eachconsumer, within the corporate limits of City, to pay Company for the installation of 00446 all service pipes from the main in the street or alley to and throughout the consumerts premises; and Company shallhave the right to contract with each consumer with reference to the installation of service pipes and the control of service pipes from the connection thereof with Companyts main in the streets or alleys to and including the meter located on the consumerts premises. Service lines are defined as supply lines from Companyts mains in the streets or alleys to and ending at consumerts meter. SECTION 5. Company shall not be required to extend mains on any street more than fifty (50) feet for any one consumer of gas. Nor shall Company be required to connect to intermediate or high-pressure lines. SECTION 6. 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 bill, which said deposit may be re- tained 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 per cent (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 accrued interest, to any indebtedness owed Company by the consumer making the deposit. SECTION 7. The rights, privileges and franchises granted by this ordi- nance 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 and power to and for City and the inhabitants thereof. SECTION 8. Company shall furnish reasonably adequate service to the public at reasonable rates and charges therefor; and Company shallmaintain its property, equipment and appliances in good order and condition. SECTION 9. Company, its successors and assigns, agrees to pay and City agrees to accept, on or before the 1st day of April, 1953, and on or before the same day of each succeeding year during the life of this franchise, up to and including.the year 1977, a sum of money which shall be equivalent to two per cent (2%) of the gross receipts received by Company from the sale of gas to its domestic andcommercial consumers within the city limits of said City (expressly excluding, however) receipts derived from sales to industrial and governmental users and 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 limitation, the right to use the streets, alleys and public ways of said City. And it is also expressly agreed that. the aforesaid annual payment shall be in lieu of any and all other and additional occupation taxes, easement and franchise taxes or charges (whether levied as an ad valorem, special or other character of tax or charge), in lieu of municipal license and inspection fees, street taxes and street or alley rentals or charges, and all other and additional municipal taxes, charges, levies, fees and rentals of whatsoever kind and character which City may impose or hereafter be authorized to levy and collect, excepting only the usual general or special ad valorem taxes, which City is authorized to levy and impose upon real and personal property. Should City not have the legal power to agree that the payment of the foregoing sums of money shall be in lieu of taxes, licenses, fees, street or alley rentals or charges, easement or franchise taxes or charges aforesaid, then City agrees that it will apply so much of said sums of money paid as may be necessary to satisfy Companyts obligations, if any, to pay any such taxes, licenses, charges, fees, rentals, easement or franchise taxes or charges. In order to determine the gross receipts received by Company from the sale of gas (expressly excluding the sales of gas to industrial and govern- mental consumers) within the corporate limits of City, Company agrees that on the same date that payments are made as provided in the preceding paragraph of this Section 9, it will file with the City Clerk a sworn report showing the gross receipts received from the sale of gas to its domestic and commer- cial consumers within said city limits for the calendar year preceding the date of payment. 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. Receipts from sales to governmental users or consumers shall include all those receipts derived from the sale of gas to Federal, State, County or City Governments or branches and subdivisions thereof, school districts or other similar districts, it being the intention to include within the term "govern- mental users and consumers" alltax-supported institutions owned or operated directly or indirectly by said governments end branches or subdivisions there- of, such as schools, colleges, hospitals, eleemosynary institutions, army or training camps, airports, courthouse, city hall and other institutions of like or similar kind and character. "Industrial. users or consumers," as herein used, are those generally and commonly classified as such by Company. The payment herein provided shall be for the period January 1st to December 31st of the respective year that the payment is made. SECTION 10. Effective with the first gas bills rendered after the effec- tive date of this ordinance the rates and charges for sales of natural gas and natural gas service rendered to residential and commercial consumers within the city limits of City by Company are hereby fixed and determined to be as follows: $.7533 gross per 1,000 cu. ft. -- $.705 net per 1,000 cu. ft. Readiness to Serve Charge . . . $,.50 per Month Minimum Monthly Bill $1.00 Net rate applies to bills paid within ten days from monthly billing date. 00448 The above rates and charges are applicable to each domestic and commer- cial consumer per month or for any part of a month for which gas is used at the same _location. Company may also charge and collect for setting, resetting and changing meters or connecting, disconnecting or resuming service upon special request of consumers, or when service has been discontinued because of failure of any consumer to pay any bill or to comply with Company's reasonable rules and regulations an amount not to exceed the cost of labor and material used in performing such work, plus ten per cent (1Oo) additional thereon, provided such charge shall be not less than Two Dollars ($2.00). The rates and charges herein provided, however, shall be subject to re- vision and change by either the City of College Station or Company in the man- ner provided by law. SECTION 11. The enactment of this .franchise ordinance shall be in lieu of, substitute for and nullify a certain franchise ordinance No. 57 enacted by the City on March 20, 1941, of record in the Minutes of the City Council and being styled, "AN ORDINANCE GRANTING TO COMMUNITY NATURAL GAS COMPANY, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF A GAS DISTRIBUTING PLANT OR SYSTEM IN THE CITY OF COLLEGE STATION, TEXAS." SECTION 12. This franchise ordinance shall be subject to the terms and conditions of the City Charter of the City of College Station. SECTION 13. Company shall file its written acceptance of this franchise ordinance within sixty (60) days after its final passage and approval by said City. PASSED AND APPROVED on this the 15th day of June , A.D. 1953. ATTEST: City Secretary or City of Col ege Station, Texas 00442 STATE OF TEXAS COUNTY OF DALLAS ) WHEREAS, there was finally passed and approved on June 15 1953 , an ordinance granting to Lone Star Gas Company, a corporation, its successors and assigns, a franchise to furnish and supply gas to the general public in the City of College Station , Brazos County, Texas, and the environs thereof, which is recorded in Book 3 , page 66 , of the Minutes of the City Council of said City; and WHEREAS, Section 13 of said ordinance provides as follows "SECTION 13 . Company shall file its written acceptance of this franchise ordinance within sixty (60) days after its final passage and approval by said City." AND, WHEREAS, it is the desire of Lone Star Gas Company, the holder of the rights, privileges and grants under the afore- said franchise ordinance, to comply with the above -quoted pro- lrisions of Section 13 thereof. NOW, THEREFORE, premises considered, Lone Star Gas Company, acting by and through its duly authorized officers, and within the time prescribed by Section 13 quoted above, does hereby agree to and accept the franchise granted to it by the above described ordinance, 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 ,'day of July , 1953. ATTEST LONE S !R GAS COMP NY By Vice -President 00450 STATE OF TEXAS COUNTY OF BRAZOS I, • *,f,c J�tl/JJ 5 , Secretary of the City of (15.1211191.1_, exa , hereby certify that the above and foregoing is a true and correct copy of a formal acceptance of a franchise ordinance finally passed and approved by said City on June 15 12.3, and of record in Book 3 , page 66_ 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 franchise ordinance. OF WHICH, Witness my official signature and the seal of said City on this the day of 19 53. ity ecretary City of College Station, Texas STATE OF TEXAS COUNTY OF BRAZOS KNOW ALL MEN BY THESE PRESENTS: This is to certify that Ordinance No. 181, AN ORDINANCE GRANTING TO LONE STAR GAS COMPANY, A CORPORATION, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO FURNISH AND SUPPLY GAS TO THE GENERAL PUBLIC IN THE CITY OF COLLEGE STATION, BRAZOS COUNTY, TEXAS, AND THE ENVIRONS THEREOF; FIXING RATES AND CHARGES FOR NATURAL GAS AND NATURAL GAS SERVICE; PROVIDING FOR THE PAYMENT OF A FEE OR CHARGE FOR THE USE OF THE STREETS, ALLEYS AND PUBLIC WAYS, AND PROVIDING THAT IT SHALL BE IN LTEU OF OTHER FEES AND CHARGES, EXCEPTING AD VALOREM TAXES, was readand passed by a majority vote at three (3) separate regular meetings of the City Council of the City of College Station, Texas held respectively on April 28, 1953, May 18, 1953 and June 15, 1953. In testimony whereof witness my hand and seal of office at College Station, Texas on this the 27th day of July, 1953, A. D. City Secretary City of College Station, Texas (SEAL) STANDARD B & P "Nom, " STANDARD B & P "No1 R" STATE OF TEXAS COUNTY OF DALLAS WHEREAS, there was finally passed and approved on June 15, 1953, an ordinance granting to Lone Star Gas Company, a corporation, its successors and assigns, a franchise to furnish and supply gas to the general public in the City of Coll.epe Station, Brazos County, Texas, and the environs thereof, which is recorded in Book 2, page 66, of the Minutes of the City Council of said City; and WHEREAS, Section 12 of said ordinance provides as follows: "SECTION 12. Company shall file its written acceptance of this franchise ordinance within sixty (60) days after its final passage and approval by said City." AND, WHEREAS, it is the desire of Lone Star Gas Company, the holder of the rights, privileges and grants under the aforesaid franchise ordinance, to comply with the above -quoted provisions of Section 12 thereof. NOW, THEREFORE, premises considered, Lone Star Gas Company, acting by and through its duly authorized officers, and within the time prescribed by Section 2.1 quoted above, does hereby agree to and accept the franchise granted to it by the above described ordinance, in accordance with its terms, provisions, conditions and requirements, and subject to the stipulations and agreements therein contained. WITNESS THE EXECUTION HEREOF, ATTEST: S/Chas. G. Hess, Jr. Asst Secretary STATE OF TEXAS COUNTY OF BRAZOS on this the 1st day of July, 1953. LONE STAR GAS COMPANY By S/Chester L. May Vice -President I, N. M. McGinnis, Secretary of the City of College Station, Texas, hereby certify that the above and foregoing is a true and correct copy of a formal acceptance of a franchise ordinance finally passed and approved by said City on June 15. 1953, and of record. in Book 1, page 66 of the Minutes of the City; and I do further certify that said acceptance has beenduly presented to the City Council and filed :in connection with and as a part of said franchise ordinance. OF WHICH, Witness my official signature and the seal of said City on this the day of , 1953. S/ t M. McGinnis 004"3 City Secretary City of College Station, Texas 29 1 NOTICE OF HEARING ON ZONING Notice is hereby given that a hearing will be held in the City Hall of the City of College Station, Texas, at 7:00 p.m. on June 15, 1953 on the recommendations of the Zoning Commission for zoning properties, as provided in Ordinance No. 38, respectively as follows: I. The following described property shall be added to and made a part of, District 1, as defined in Section 5 of Ordinance No. 38, the zoning ordinance of the City of College Station, Texas: a. b. c. d. Blocks 9, 1011, 12, of the Lots A, B, C, and D as shown of the Tauber Addition All lots not already zoned in Addition All lots not already zoned Oak Terrace Addition on city map dated 2/5/52 S. E. College Park in Breezy Heights Addition II. The following described property shall be added to and made a part of District 2 as defined in Section 6 of Ordinance No. 38, the zoning ordinance of the City of College Station, Texas: a. Blocks 2, 4, and Blocks 1, 3 and any portion of these blocks which have been heretofore zoned, and that portion of Blocks 5, 6, not already zoned as No. 4 of the Tauber Addition b. A11 lots not already zoned of the Cooner Addition c. All lots of BlocksB, C, D, E, F, and G except Lot 12 of Block B and Lots 3, 4 of Block F of the Renghofer Addition d. All lots of Blocls A, B, C, D, E, F, G, and H of the College Vista Addition e. That area of land whose boundaries begin at the S.W. corner of the intersection of Fairview and Luther Streets thence S.E. along the S.W. side of Fairview Street to a point opposite the property line between lots 20, 21 in Block 3 of Breezy Heights Addition, thence S.W. at right angles to Fairview Street to the intersection of the N.W. side of Montclair Avenue extended, thence N.W. along the S.W. side of Montclair Street extended to the intersection of Luther Street, thence N.E. along the S.E. side of Luther Street to the beginning, of the Hrdlicka Addition ,/ III. The following described property shall be added to and made a part of District 3 as defined in Section 7 of Ordinance No. 38 the zoning ordinance of the City of College Station, Texas: 54 STANDARD B & P "NOR" STANDARD B & P a. All lots of Blocks. 1, 2, 3, 4, and 5 except Lots 1, 2, 3, 4, 21, 22, 23, 24, of Block 4 of the Putz Addition b. A11 other property, N.E. of Cooner, Renghofer and Kelley Additions and N.W. of Lincoln Avenue to the city boundary lines, except that parcel of land bounded on the S.W. by Turner Street and on the other three sides by unnamed street Frank Thomas store presently located in this area. c. All property described in City Ordinance No. 148 except, That area of land whose boundaries begin at the inter— section of Luther Street and Old Highway 6 along Luther Street a distance of 3001 thence S.E. along a line parallel with Old Highway 6 to the N.W. side of Henry Moore property line extended, thence along the N.W. side of the Henry Moore property to Old Highway 6, thence along Old Highway 6 to intersection of Luther Street, and that area of land whose boundaries begin at the S.W. corner of the intersection of Fairview and Luther Street thence S.E. along the S.W. side of Fairview Street to a point opposite the property line between lots 20, 21, in Block 3 of Breezy Heights Addition, thence S.W. at right angles to Fairview Street to the intersection of the N.W. side of Montclair Avenue extended, thence N.W. along the S.W. side of Montclair Street extended to the intersection of Luther Street, thence N.E. along the S.E. side of Luther Street to the beginning, of the Hrdlicka Addition IV. The following described property shall be added to and made a part of District 4 as defined in Section 8 of Ordinance No. 38, the zoning ordinance of the City of College Station, Texas: a. Area of land, bounded on S.W. by Nagle Street, on N.W. by S.E. line by Block 12 of Oak Terrace, on N.E. by State Highway 308 and on S.E. by F.M. Highway 60 b. Lots 3, 4, of Block F of the Renghofer Addition V. The following described property shall be added to and made a part of District 5 as defined in Section 9 of Ordinance No. 38, the zoning ordinance of the City of College Station, Texas: a. The area of land bounded on the N.E. by State Highway 6, on the N.W. by A & M College property line, on the S.W. by a line 140 N.E. of the center line of Meadowland Street and parallel to the extension thereof, and on the S.E. by the N.W. boundary line of the present No. 4 Business area, of the Gorzycki Addition. This above described area of land now partially zoned as No. 2 Residential and partially as No. 4 Business b. Lot 12 of Block B of the Renghofer Addition c. Lots 1, 2, 3, 4, 21, 22, 23, and 24 of Block 4 of the Putz Addition d. That area of land whose boundaries begin at the inter- section of Luther Street and Old Highway 6 along Luther Street a distance of 300' thence S.E. along a line parallel with Old Highway 6 to the N.W. side of Henry Moore property line extended, thence along the N.W. side of the Henry Moore property to Old Highway 6, thence along Old Highway 6 to intersection of Luther Street, of the Hrdlicka Addition. APPROVED: '174" Mayor ATTEST: 41/1 6014%)1,t4 City Secretary 00456