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HomeMy WebLinkAbout1941-0057 - Ordinance - 03/20/1941ORDINANCE NO. 57 rr 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. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION: Section I. There is hereby granted to COMMUNITY NATURAL GAS COMP ANY, a corporation having its principal office in Dallas, Dallas County, Texas, hereinafter called "Grantee", its successors and as- signs, the right, privilege and franchise to construct, maintain and operate in the present and future streets, alleys, parkways and other public places and grounds in the City of College Station, Texas, a system of gas mains, supply pipes and laterals, and all necessary or desirable appurtenances, for the purpose of supplying gas for light, heat, power and other purposes to the City of College Station, its inhabitants and persons and corporations beyond the corporate limits thereof; and the rights, privileges and franchises herein granted shall be and remain in Grantee, its successors and assigns, free from all licenses, taxes, rentals, fees, or charges, except as hereinafter provided, for a period of twenty (20) years from and after April 1, 1941. Section II. All mains, pipes and laterals shall be so laid as to interfere as little as possible with traffic over the streets and alleys. The location of all mains, pipes and laterals may be fixed under the supervision of the governing authorities of the City of College Station. Grantee shall repair, clean up and restore to an approximate original condition all streets and alleys disturbed during the construction and repair of its gas distributing system. Section III. When Grantee shall make or cause to be made ex- cavations or shall place obstructions in any street, alley, avenue, or public place in the City of College Station, the public shall be protected from all damage by reason of the existence of such excavations or obstructions by sufficient barriers and lights placed, erected and maintained by grantee. In the event of any injury to any person or property by reason of the construction, operation or main- tenance of said gas system, Grantee agrees to indemnify and keep harmless the City of College Station from any and all liability. Section IV. The rates to be charged by Grantee for gas sold under this franchise are hereby fixed and determined as follows: The sum of seventy -five cents (75¢) gross per thousand (1,000) cubic feet for natural gas for domestic and commercial purposes; provided, that this rate shall be subject to a discount of ten per cent (10%) if payment is made within ten (10) days from the date of the bill. 0M - 95 - Ordinance No. 57 - Page 2 In addition to the rates hereinabove allowed to be charged for natural gas sold, Grantee shall charge and collect a "readiness- to- serve" charge or "customers charge" from each and every domestic and commercial consumer within the corporate limits of the City of College Station, in the flat sum of fifty cents (50¢) per month. This charge is agreed and understood to be a charge that each end every consumer is to pay, regardless of the amount of gas consLumed or the rate per thousand (1,000) cubic feet which will be charged for gas. Grantee shall be privileged to charge and collect from each domestic and commercial oonsumer in the City of College Station a minimum monthly bill of One Dollar ($1.00) including the readiness - to -serve or customerfs charge of 50¢ per consumer per month. Grantee may also charge and collect from said consumers for setting, resetting and changing meters upon special request of consumers, an amount not to exceed the cost of labor and material used in performing such work, plus ten per cent (10 %) additional thereon; provided such charge shall be not less than Two Dollars ($2.00). The above rates and charges apply for each month or part of a month in which gas is used by any domestic and commercial gas con- sumer at the same location, and said rates and charges are expressly understood to be subject to revision and change by either the City of College Station or Grantee in the manner provided by law. Section V. Grantee may make and enforce reasonable rules and regulations in the conduct of its business and may require, before furnishing service, the execution of a contract therefor and may require each consumer within the corporate limits of the City of College Station to pay Grantee for the installation of all service pipes from the main in the street to and throughout the consumer's premises. Grantee shall have the right to contract with each con- sumer with reference to the installation of service pipes and the control thereof from their connection with Granteels main in the street to and including the meter located on consumerls premises. Service lines are defined as "supply lines" from Grantee's main in the street to and ending at the consumerls meter. Section VI. Grantee shall not be required to extend mains longitudinally on any street more than fifty (50) feet to any one consumer of gas. Nor shall Grantee be required to connect consumers to intermediate or high - pressure lines, except where grantee may operate a regular intermediate pressure distribution system. Section VII. Grantee shall be entitled to require of 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 retained by Grantee until service is discontinued and all bills therefor have been paid. Grantee shall then return said deposit to the consumer, together with interest thereon at the rate provided by law from the date of said deposit. Grantee shall be entitled to apply said deposit with accrued interest to any in- debtedness owed Grantee by the consumer making said deposit, and Ordinance No. 57 - Page 3 when it has been applied to any indebtedness the gas service can be discontinued until all of the indebtedness of the consumer is paid and a like deposit is again made with Grantee by said consumer. Section VIII. The rights, privileges and franchises granted by this ordinance are not to be considered exclusive and the City of College Station hereby expressly retains and reserves the right to grant at any time like privileges, rights and franchises as it may see fit to any other person or corporation in the City of College Station for the purpose of furnishing gas for light, heat and power in and for the City and other consumers. Failure on the part of Grantee, its heirs or assigns, to exer- cise the powers and privileges herein granted in compliance with the terms of this grant, shall be cause for forfeiture thereof. Section IX. Grantee shall furnish reasonably adequate ser- vice to the public and shall maintain its property, equipment and appliances in good order and condition. Section X. Grantee agrees to pay and the City agrees to accept, on the 1st day of April, 1941, the sum of Five Hundred Dollars (6500.00), and on the same day of each succeeding year during the life of this franchise an annual payment of Two Hundred Dollars ($200.00) for the rights and privileges herein granted to Grantee, and said fee shall be in lieu of any and all occupation taxes, easement and franchise taxes (whether levied as an ad valorem, special or other character of tax); in lieu of license and inspection fees, street taxes and street or alley rentals and of all other taxes, charges, levies, fees and rentals of whatsoever kind and character which the City may impose or hereafter be authorized or empowered by law to levy and collect, excepting only the usual general or special ad valorem taxes which the City is authorized to levy and impose upon real and personal property. Should the 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, easement or franchise taxes aforesaid, then, the City agrees that it will apply so much of the said sums of money paid as may be necessary to satisfy the Grantee's obligations, if any, to pay any such taxes, licenses, charges, fees, rentals, easement or franchise taxes. Section XI. The grounds of the Agricultural and Mechanical College of Texas are specifically excluded and excepted from the places where the gas system or parts thereof of Grantee may be installed operated or maintained under this ordinance. Seetlon XII. This ordinance shall be considered effective as of April 1, 1941. Section XIII. Grantee shall file its written acceptance of this franchise within ninety (90) days after its passage and approval by r the Mayor. - 97 - Ordinance No. 57 - Page 4 �4w Approved this 20th day of March, A. D., 1941. APPROVED: S/Frank G. Anderson Mayor ATTEST: S /Lucy L. Sneed Asst. City Secretary r ORDINANCE NO. 57 ' AN ORDINANCE GRANTING TO COMMUNITY NATURAL GAS COMPANY, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE FOR THE; CONSTRUC- TION, OPERATION AND MAINTENANCE OF A GAS DISTRIBUTING PLANT OR SYSTEM 'IN THE CITY OF COLLEGE STATION, TEXAS. BE IT ORDAINED BY THE CITY COUNCIL.OF THE CITY OF COLLEGE STATION: SECTION I. There is hereby granted to COMMUNITY NATURAL GAS COMPANY, a corporation having its: principal office in Dallas, Dallas. County, Texas, hereinafter called "Grantee," its successors and assigns, the right, privilege and franchise to construct, maintain and operate in the present and future streets, alleys, parkways and other public places and grounds in the�City of College Station, Texas, a system of gas,mains, supply pipes and laterals, and all necessary or desirable appurtenances, for the purpose of supplying gas for light, heat, power and other purposes to the City of College Station, its inhabitants and persons and corporations beyond the corporate limits thereof; and the rights, privileges and franchises herein granted shall be and remain in Grantee, its successors and assigns, free from all licenses, taxes, rentals, fees or charges, except as hereinafter provided, for a period. of twenty (20) years from and after April 1, 1941. SECTIONN II. All mains, pipes and laterals shall be so laid as to interfere as little as possible with traffic over the streets and alleys. The location of all mains, pipes and laterals may be fixed under the super- vision of the governing authorities of the City of College Station. Grantee shall repair, clean up and restore to an approximate original condition all streets and alleys dis- turbed during the construction and repair of its gas dis-' tributing system. SECTION III. When Grantee shall make or cause to be made excavations or shall place obstructions in any street, alley, avenue or public place in the City of College Station, the public shall be protected from all damage by reason of the existence of such excavations or obstructions 00133 by sufficient barriers. and lights placed, erected and maintained by grantee. In the event of any injury to any person or property by reason of the construction, operation or maintenance of said gas system, Grantee agrees toindemnify and keep harmless the City of College Station from any and all liability. SECTION IV. The rates to be charged by Grantee for gas sold under this franchise are hereby fixed and determined as follows: The sum of seventy-five cents (75¢) gross per thousand (1,000) cubic feet for nat- ural gas for domestic and commercial pur- poses; provided, that this rate shall be subject to a discount of ten per cent (10%) if payment is made within ten (10) days from the date of the bill. In addition to the rates hereinabove allowed to be charged for natural gas sold, Grantee shall charge and collect a "readiness -to -serve" charge or "customer's charge" from each and every domestic and commercial consumer within the corporate limits of the City of College Station, in the flat sum of fifty cents (500) per month. This charge is agreed and understood to be a charge that each and every consumer is to pay, regardless of the amount of gas con- sumed or the rate per thousand (1,000) cubic feet which will be charged for gas. Grantee shall be privileged to charge and collect from each domestic and commercial consumer in the City of College Station a minimum monthly bill of One Dollar 01.00) including the readiness -to -serve or customer's charge of 50¢ per consumer per month. Grantee may also charge and collect from said consumers for setting, resetting and changing meters upon special request of consumers, an amount not to exceed the cost of labor and material used in performing such work, plus.ten per cent (10%),additional thereon; pro- vided such charge shall be not less than Two Dollars ( 2.00). Theabove rates and charges apply for each month or part of a month in which gas is used by any domestic and commercial gas consumer at the same location, and said rates and charges are expressly understood to be subject to re- vision and change by either the City of College Station or Grantee in the manner provided by law. 00134 SECTION V. Grantee may make and enforce reason- able rules and regulations in the conduct of its business and may require, before furnishing service, the execution of a contract therefor and may require each consumer within the corporate limits of the City of College Station to pay Grantee for the installation of all service pipes from the main in the street to and throughout the consumer's premises. Grantee shall have the right to contract with each consumer with reference to the installation of service pipes and the control thereof from their connection with Grantee's main in the street to and including the meter located on con- sumer's premises. Service lines are defined as "supply lines" from Grantee's main in the street to and ending at the consumer's meter. SECTION VI. Grantee shall not be required to ex- tend mains longitudinally on any street more than fifty (50) feet to any one consumer of gas. Nor shall Grantee be re- quired to connect consumers to intermediate or high-pressure lines, except where grantee may operate a regular inter- mediate pressure distribution system. SECTION VII. Grantee shall be entitled to require of 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 retained by Grantee until service is discontinued andall bills therefor have been paid. Grantee shall then return said deposit to the consumer, together with interest thereon at the rate provided by law from the date of said'deposit. Grantee shall be entitled to apply said deposit with ac- crued interest to any indebtedness owed Grantee by the consumer making said deposit, and when it has been applied. to any indebtedness the gas service can be discontinued until all of the indebtedness of the consumer is paid and a like deposit is again made with Grantee by said consumer. SECTION VIII. The rights, privileges and fran- chises granted by this ordinance are not to be considered exclusive and the -City of College Station hereby expressly retains and reservesthe right to grant at any time like privileges, rights and franchises as it may see fit to any other person or corporation in the City of College Station for the purpose of furnishing gas for light, heat and power in and for the City and other consumers. 00135 Failure on the part of Grantee, its heirs or as- signs, to exercise the powers and privileges herein granted in compliance with the terms of this grant, shall be cause for forfeiture thereof. SECTION IX. Grantee shall furnish reasonably ade- quate service to the public and shall maintain its property, equipment and appliances in good order and condition. SECTION X. Grantee agrees to pay and the City agrees to accept, on the 1st day of April, 1941, the sum of Five Hundred Dollars 4500.00), and on the same day of each succeeding year during the life of this franchise an annual payment of Two Hundred Dollars (5200.00) for the rights and privileges herein granted to Grantee, and said fee shall be in lieu of any and all occupation taxes, ease- ment and franchise taxes (whether levied as an advalorem, special or other character of tax); in lieu of license and inspection fees, street taxes and street or alley rentals and of all other taxes, charges, levies, fees and rentals of whatsoever kind and character which the City may impose or hereafter be authorized or empowered by law to levy and collect, excepting only the usual general or special ad valorem taxes which the City is authorized to levy and im- pose upon real and personal property. Should the City not have the legal power to agree that the payment of the foregoing sures of money shall be in lieu of taxes, licenses, fees, street or alley rentals, easement or franchise taxes aforesaid, then, the City agrees that it will apply so much of the said sums of money paid as may be necessary to satisfy the Grantee's obligations, if any, to pay any such taxes, licenses, charges, fees, rentals, easement or franchise taxes. SECTION XI. The grounds of the Agricultural and Mechanical College of Texas are specifically excluded and • excepted from the places where the gas system or parts thereof of Grantee may be installed, operated or maintained under this ordinance. SECTION XII. This ordinance shall be considered effective as of April 1, 1941. SECTION XIII. Grantee shall file its written acceptance of this franchise within ninety (90) days after 00136 its passage and approval by the Mayor. APPROVED THIS 20th day of March, A.D., 1941. 8/ Frank G. Anderson Mayor ATTEST: S/ Lice L. Sneed Asst. City Secretary 00137 ORDINANCE NO. 5-7 AN ORDINANCE GRANTING TO COMMUNITY NATURAL GAS COMPANY, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE FOR THE CONSTRUC- TION, OPERATION AND MAINTENANCE OF A GAS DISTRIBUTING PLANT OR SYSTEM IN THE CITY OF COLLEGE STATION, TEXAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION: SECTION I. There is hereby granted to COMMUNITY NATURAL GAS COMPANY, a corporation having its principal office in Dallas, Dallas County, Texas, hereinafter called "Grantee," its successors and assigns, the right, privilege and franchise to construct, maintain and operate in the present and future streets, alleys, parkways and other public places and grounds in the'City of College Station, Texas, a system of gas mains, supply pipes and laterals, and all necessary or desirable appurtenances, for the purpose of supplying gas for light, heat, power and other purposes to the City of College Station, its inhabitants and persons and corporations beyond the corporate limits thereof; and the rights, privileges and franchises herein granted shall be and remain in Grantee, its successors and assigns, free from all licenses, taxes, rentals, fees or charges, except as hereinafter provided, for a period of twenty (20) years from and. after April 1, 1941. SECTION II. All mains, pipes and laterals shall be so laid as to interfere as ]tittle as possible with traffic over the streets and alleys. The location of all mains, pipes and laterals may be fixed under the super- vision of the governing authorities of the City of College Station. Grantee shall repair, clean up and restore to an approximate original condition all streets and alleys dis- turbed during the construction and repair of its gas dis- tributing system. SECTION III. When Grantee shall make or cause to be made excavations or shall place obstructions in any street, alley, avenue or public place in the City of College Station, the public shall be protected from all damage by reason of the existence of such excavations or obstructions by sufficient barriers and lights placed, erected and maintained by Grantee. In the event of any injury to any person or property by reason of the construction, operation or maintenance of said gas system, Grantee agrees to indemnify and keep harmless the City of College Station from any and all liability. SECTION IV. The rates to be charged by Grantee for gas sold under this franchise are hereby fixed and determined as follows: The sum of seventy-five cents (75) gross per thousand (1,000) cubic feet for nat- ural gas for domestic and commercial pur- poses; provided, that this rate. shall be subject to a discount of ten per cent (10%) if payment is made within ten (10) days from the date of the bill. In addition to the rates hereinabove allowed to be charged for natural gas sold, Grantee shall charge and collect a "readiness -to -serve" charge or ecustoner's chargee from each and every domestic and commercial consumer within the corporate limits of the City of College Station, in the flat sum of fifty cents (5O$) per month. This charge is agreed and understood to be a charge that each and every consumer is to pay, regardless of the amount of gas con- sumed or the rate per thousand (1,000) cubic feet which will be charged for gas. Grantee shall be privileged to charge and collect from each domestic and commercial consumer in the City of College Station a minimum monthly bill of One Dollar ($1.00) including the readiness -to -serve or customer's charge of 50fe per consumer per month. Grantee may also charge and collect from said consumers for setting, resetting and changing meters upon special request of consumers, an amount not to exceed the cost of labor and material used in performing such work, plus ten per cent (10%) additional thereon; pro- vided such charge shall be not less than Two Dollars ($2.00). The above rates and charges apply for each month or part of a month in which gas is used by any domestic and commercial gas consumer at the same location, and said rates and charges are expressly understood to be subject to re- vision and change by either the City of College Station or Grantee in the manner provided by law. SECTION V. Grantee may make and enforce reason- able rules and regulations in the conduct of its business and may require, before furnishing service, the execution of a contract therefor and may require each consumer within the corporate limits of the City of College Station to pay. Grantee for the installation of all service pipes from the main in the street to and throughout the consumer's premises. Grantee shall have the right to contract with each consumer with reference to the installation of service pipes and the control thereof from their connection with Grantee's main in the street to and including the meter located on. con- sumer's premises. Service lines are defined as ''supply lines" from Grantee's main in the street to and ending at the consumer's meter. SECTION VI. Grantee shall not be required to ex- tend mains longitudinally on any street more than fifty (50) feet to any one consumer of gas. Nor shall Grantee be re- quired to connect consumers to intermediate or high-pressure lines, except where grantee may operate a regular inter- mediate pressure distribution system. SECTION VII. Grantee shall be entitled to require of 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 retained by Grantee until service is discontinued and all bills therefor have been paid. Grantee shall then return said deposit to the consumer, together with interest thereon at the rate provided by law from the date of said deposit. Grantee shall be entitled to apply said deposit with ac- crued interest to any indebtedness owed Grantee by the consumer making said deposit, and when it has been applied to any indebtedness the gas service can be discontinued until all of the indebtedness of the consumer is paid and a like deposit is again made with Grantee by said consumer. SECTION VIII. The rights, privileges and fran- chises granted by this ordinance are not to be considered exclusive and the City of College Station hereby expressly retains and reserves the right to grant at any time like privileges, rights and franchises as it may see fit to any other person or corporation in the City of College Station for the purpose of furnishing gas for light, heat and power in and for the City and other consumers. Failure on the part of Grantee, its heirs or as- signs, to exercise the powers and privileges herein granted in compliance with the terms of this grant, shall be cause for forfeiture thereof. SECTION IX. Grantee shall furnish reasonably ade- quate service to the public and shall maintain its prop- erty, equipment and appliances in good order and condition. SECTION X. Grantee agrees to pay and the City agrees to accept, on the 1st day of April, 1941, the sum of Five Hundred Dollars ($500.00), and on the same day of each succeeding year during the life of this franchise an annual payment of Two Hundred Dollars ($200.00) for the rights and privileges herein granted to Grantee, and said fee shall be in lieu of any and all occupation taxes, ease- ment and franchise taxes (whether levied as an ad valorem, special or other character of tax); in lieu of license and inspection fees, street taxes and street or alley rentals and of all other taxes, charges, levies, fees and rentals of whatsoever kind and character which the City may impose or hereafter be authorized or empowered by law to levy and collect, excepting only the usual general or special ad valorem taxes which the City is authorized to levy and im- pose upon real and personal property. Should the 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, easement or franchise taxes aforesaid, then, the City agrees that it will apply so much of the said sums of money paid as may be necessary to satisfy the Grantee's obligations, if any, to pay any such taxes, licenses, charges, fees, rentals, easement or franchise taxes. SECTION XI. The grounds of the Agricultural and Mechanical College of Texas are specifically excluded and excepted from the places where the gas system or parts thereof of Grantee may be installed, operated or maintained under this ordinance. SECTION XII. This ordinance shall be considered effective as of April 1, 1941. SECTION XIII. Grantee shall file its written acceptance of this franchise within ninety (90) days after its passage and approval by the Mayor. APPROVED this 2ot}day of March ATTEST: A.D. 1941. ity Secretary