HomeMy WebLinkAbout18 12-07-1953ORDINANCE NO. 18
AN ORDINANCE GRANTING TO LONE STAR GAS COMPANY
A CORPORATION, ITS SUCCESSORS AND ASSIGNS, A
FRANCHISE TO FURNISH AND SUPPLY GAS T0 THE
GENERAL PUBLIC IN THE VILLAGE OF EULESS, TARRANT
COUNTY, TEXAS, AND THE ENVIRONS THERE0F: PRO -
VIDING FOR THE PAYMENT OF A FEE OR CHARGE FOR
THE USE OF THE STREETS, ALLEY'S AND PUBLIC WAYS,
AND PROVIDING THAT IT SHALL BE IN LIEU OF OTHER
FEES AND CHARGES, EXCEPTING AD VALOREM TAXES.
HE IT ORDAINEID BY THE VILLAGE BOARD OF ALDERMEN OF `ZHE VILLA - E
OF EULESS, TEXAS:
SECTION 1. That the Village of Euless, Texas, hereinafter
called "Village"s hereby grants 'to Lone Star Gas Coz-ripany, hereinafter
called 110ompanyfl, its successars and assigns, consent to use and
occupy the present and future streets, alleys® highways,, puDlla
places, public thoroughfares and grounds of Village for the purpose
of laying, anta.ining, cons true ting, operating and replacing thLer°ein
and thereon pipe lines and all ether appurtenant equi- men't needed and
necessary to deliver and sell gas to persons, firms and corporation,
Including all the general public, uithin the Village's corpo'" ra ;e
limits and thie environs thereof, said consent being granted for `i
term of thirty --five (35) y eaz,s from and ;;after the date of the final
passage acid approval of tkLts ord? na.nce.
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ECi'70M 2. CW�10any shall Jay-, maintain., construct, operate
and replace its pipes, mains, laterals and other equipment so as to
inte,r-fere as little as passible with traffic,. and shall promptly
a-lean up and restore to an approximate original condition, at its
cost, ail thoroughfares and other surfaces tyr filch it may disturb.
The location of all mains, pipes, laterals and other appurtenant
equipment shall be fixed under the supervision of the Board of,
Aldermen or an authorized committee or agent appointedd by said,
Boa ,mod of Al.d ermen .
S"CTTON 3. tdh.en Company shall make or aausp, to be made
excavations, or shall place obstructions, in any street, alley or
other public plactie, the public shall be protected by barriers and
lights placed, er ectod and maIntained by Company; and in the event
of injury to any person or damage to any property by reason of the
construct ion, operation or maintenance of the gas distributing plant
a--r- sy€ teM of Company, Company' shall. Indemnify and keep harmless Village
from any and all liability in connection therewith. Company shall
repair, cl oa,n up and restore to an approximate original condition,
all streets and alleys disturbed during the construction and repair
of its gas distributing sy::: tem.
SECTION 4. Company may make and enforce reason? ,..le rules
and regulations In conduct of its business,, and, may require, before
furnishing service, the execution of a contract therefor, aryl may
require each consumer, tvithin the corporate limits of Village, to
pay Company for the Installation c.)fl all service 1,7vipes from the a -1 n
in the street or alley to and throughout' the con'sumer's premis(,-s;
and Corapany shall have the right to contract with each consumer 'uItt,'i
reference to the installation of service pipes and the control of
SP,I'Vice pipes from the oonnection thereof -with Company's main in
the streets or allays to and Including the meter located on the
consumer's premises. Service lines are defined as supply lines
from Company's mains in the streets or alleys to and ending at
consumer's motor.
SECTION S. Comp-tz,,ny shall not be required 'to extend Lliains
on any street- more tkiajrl fifty (A0
j -,,) feet for any one consumer, of
gas. Nor stall Oompany be required to connect, to Intermediate or
high - pressure lines.
SNOTION 6. The rights, privileges and franchises granted
by •l,�is ordinance are not to be considered exclusive, and, V111--Lage
hereby expressly' reserves tine right to grant, at any like
privileges,, rights and frarlcliise,8 as it may see fit to arty other
person. or corporation for tuLe purpose of furnishing gas for llgtit,
heat and 1,-1)ower to and for Village and the inhabitanlis thereof.
;-:;&CT10N 7. Company shall furnish reasonably adequate ser-
vioe to the public, and Company, shall maintain its property, equip-
m,:;,nt appliances In good order and conditsion.
Company,, its successors and assigns, agrees to
pays and Village agraes to accept, on or, before the Ist day of
1prill 1934, and ' on or before the same day of eaoh succeeding ye,.,,.r
during the life of this francl.Ase,, up to and 11'11cluding tkie year
11'9%69,, a sum of money which s'aall be equivalent to two pelb,cent (2%)
of the gross receipts received by Cuxipwny from the sale of gas to
its domeatic and commercial consumers within the 11mits of said
Village Gxprese'ly excluding, however,, receipts derived ayom aales
to Industrial and governmental users and consumerG in said Village)
for 'the preceding calendar year, which annual payment shall be for
the rights and privileges herein granted to Company,, .1noluding ex-
pressly,, without limitation., the right to use the streets, alleys
and public 'ways of said Village. And it is also expressly agreed
that the aforesaid annum payment ahalil be In I'Lau of any and all
other and additiona-1 occupation taxes, easement and franchise taxes
cr charges (whather lovied as an ad valorem, special or other character
of tax or charge), In liou of municipal license aad Inspection fees,
street 'taxes and street or alley rentals or charges, and all other
I I
and add' t:' ona" municipal taxes., charges., levies, fees and rentals of
whatsoever kind and character W-Ach Village may Impose or hereafter
be authorized to 1--v,,,r and collept, excepting only the usual gen -ral
or special ad valorem taxes., which Village is authorized to levy and
Impose upon real and. personal property. Should Village 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
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Village agrees that it will apply so much of said sums of money
paid as may be necessary to satisfy Company's obliga,tlons, if any,,
to pay any such 'taxes, licenses, charges, fees, rentals, easement
or franchise taxes or charges.
In ordo tra determine the gross receipts received by Coi,,;p€6.ny-
from the sale of gas (expressly excluding the sales of gas to
industria"L. and governmental consumers) within the limits of Village,
Comra.ny agrees that on the same date flat payments are made as pro-
vided in the preceding paragraph of ails Section B. it will file with
the Village Clerk a shorn report showing the gross receipts received
from the sale of gas to its domestic and commercial consumers Within
the said Village for the calendar year ;receding the date of payment.
Village ,°gay, if it sees fit, have the books and records of Company
examined by a representative of said Village to ascertain the correct-
ness of the sworn reports agreed to be filed herein.
Receipts from sales to ��avernmentaal users or consumers shall
Include all those receipts derived, from the. sale of gas to Federal,
State, County, City jr Vil -.age governments or branches and. sub-
divisions thereof, school d'. stricts or other similar di str9 ets, it
being the intention to include within the term "governmental users
and, consumers't all tax - supported institutions owned or operated
directly or indirectly by said governments and branches or oubdivisions
thereof, such as schools, colleges, hospitals, eleemosynary Institu-
tions, army or training camps, airports, court house, village hall
and other institutic,)ns of like or similar kind and character.
"Industrial users or consumers", as herein used, are those
generally and eom!. -only classified as such by Company.
The payment her-In provided shall_ be for the perioc± january
1st to Docember 31,:t of the respective year that, the payment is i, ade.
SECTION 9. Company shall file its written acceptance of
this ft°anch'lss ordinance uAthin sixty (60) days after its final
,passage.
PAOSED P14D APPROVED on this, the 7th day of December
A. D. 1953
VileSecretary
ge °e etary
S
MAYOR
Village of Euless, Texas.