Loading...
HomeMy WebLinkAbout21 03-06-1954ORDINANCE N0. 21 AN ORDINANCE GRANTING TO ROYCE E. WISENBAKER THE RIGHT, PRIVILEGE, AND FRANCHISE TO FURNISH AND DISTRIBUTE AN ADEQUATE SUPPLY OF WHOLESOME WATER TO AND AROUND THE VILLAGE OF EULESS , TEXAS, AND THE INHABITANTS THEREOF , UNDER CERTAIN CONDITIONS, TERMS, DUTIES, AND RESTRICTIONS, AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF ErJLESS , TEXAS: Section 1: Subject to the terms and conditions mentioned in thi, ordinance, the right, privilege, and franchise is hereby granted to Royce-E, Wisenbaker of the City of Tyler, County of Smith; State of Texas, and to his heirs, successors, lessees, and assigns, the right to erect, establish, construct, maintain, and operate a system of water works in-said Village of Euless, and to use the streets, alleys public squares, and all other public lands of the said village within the corporation limits as the same may from time to time exist, for - th.e purpose of laying, erecting, maintaining and operating its mains, pipes, conduits, troughs, fountains, and other distributing appliance for the conducting and furnishing an adequate supply of water for public and private use to said Village of Euless and its inhabitants, provided however that the Village of Euless shall have-the right-to designate where the grantee shall lay his mains, pipes, conduits, troughs, fountains and other distributing appliances, and said syster'. shall be installed under the following terms and conditions, to -wit: Section 2: The terry_ of this grand shall be for thirty (30) yeC. from this date. Section 3: The grantee herein, his heirs, successors, lessees, and assigns'shall conduct said water business in a good and business like manner, supplying to the Village of Euless and the inhabitants thereof at all times an adequate supply of potable water, and rendor• ing good, efficient and prompt service. Section 4: The charges made by said grantee for said servico shall be as follows, to wit: First 3000 o'allons' 'Lr14.00 minimum; next 7000 gallons $0.50 per thousand; all over 10,000, 4 0.35 per thousand gallons. It is a greed and understood that the minimum charge shall be reduced to 63.50 for the first 3000 gallons when the system has 400 connections. 1i1►hen the number of connections reach 600 the minimum chargo for 3000 gallons will be reduced to 4$'3.00 ,Odom,, It is further agreed. between the grantee and the Village of Euless that the rate is subject to further adjustment providing the value of money changes. All such charges shall be agreed upon by both parties concerned before being put into effect. Section 5s In addition to the charges set forth in Paragraph 4, each consumer shall pay to the grantee a fee of fifty (�fi50.00) Dollars for making each service connection. This connection shall include tapping the line in the street, laying a 3/4 inch service lin to the property line "of said consumer, and installing a 5/8" by 3/4" meter in a meter box. The length of this service line shall not be in excess of one hundred (100) feet. Should the distance exceed ono hundred (100) foot the consumer shall pay the cost of such excess or elcces ses . Should any consumer desire a larger service line or meter such consumer shall pay to the grantee thetotal cost of such installa• Lions, which charge shall be in lieu of all other tap or connecting charges set forth above. Section G; The mains of the pipes of the grantee shall be laid in alle0 , streets, and avenues, where practical, six and eight inch lines shall be laid not less than 30 inches below the established grade. Smaller lines shall not be laid less than 18 inches. No fee or any other charge of any kind shall be imposed by the Village of Euless or its successors upon the grantee or upon the con- sumer of water for the breaking or opening of any streets or other public places, or for the laying of mains, service pipes or other connections therein. The grantee agrees to restore any street or other public place which it is necessary to break or open for the laying of mains or ser -,rice pipes to the condition th^ t said street or public place was in immediately prior to the .reaking or opening thereof. Grantee also agrees to assume all liabilities which may be occasioned or arise from, or as a result of the breaking or opening of any street or public place or the failure to properly repair same, and in this connection the said grantee will hold and save the Village harmless from any and all claims, causes of action or damage resulting from, or in connection with, the openings or breakings of any street or other public place. It is agreed and understood that each family unit living as such shall have a connection and no two families shall be served from one meter. In general the policy of the local light company shall be followed. Section 78 The grantee shall supply water under conditions her, in specified to all applicants, not in arrears f .qr prior water bills for water services, -pipes. or other materials, owning or accupying premises on streets, avenues, or other public places in which water mains or conduits ar6 laid, subject to conditions outlines in para- graphs 4 and 5 above. 2 lamb" Agwb� The grantee agrees to extend the lines for a distance of fifty (50) feet per consumer free of charge, providing such line can be laid on village property. Should this distance per consumer be greatc than fifty (50) feet9 the remaining cost shall be paid by the consumer or consumers requesting service. As additional consumers are tied to this particular section of line the grantee agrees ' to refund to the consumer orginally making payment, the sun of $75.00 for each tap until the full amount advanced by the original cons ivaer has been re- paid in full. The sum of d.'p75.00 per each tap shall be refunded to the original consumer within thirty (30) days after the new consumer taps into said line. -In the event a line is necessary to be laid across private property, then the same charges as specified above shall be made with the exception that the grantee shall be entitled to include as additional cost the actual cost of said easement. Necessary extensions exceeding the above outlined distance shall be charged for at a fair and equitable sum. Should the consumer so desire, he shall have the option of taking bids from contractors for this-extension work and if such bids are satisfactory to the consumer, such independent contractors shall be privileged to install the desired extensions under the supervision of Royce E. !AlTisenbaker, his representative or assigns. Section 8; The grantee shall not be required to pay any tax on his water system, either ad valorem or franchise until such time as there are 400 consumers connected to such system. After the grantee has 400 connections to his,water s;,Tstem then the said grantee skull pay to the Village of Euless, in lieu of all other taxes on said water system on or before the first day of January of each year a sum of money which shall be equivalent to two per cent (2%) of the gross receipts received by grantee for the sale of water to his domestic and commercial consumers within the city limits of said village for the proceeding claender year, or for that portion of the proceeding year in which the grantee had in excess of 400 water con- nections. This annual payment shall be for the rights and privileges herein granted to the grantee and shall be in lieu of all other taxes levied by the village on the water system. This provision shall not be construed as affecting any property within the village owned by grantee which is not used in connection with the water system. The grantee agrees that it will file with the City Secretary each year a sworn report showing the gross receipts of the sale of water to its domestic and commercial users within the city limits for the respec- tive year proceeding the respective date of payment. The village may., if it sees fit, to have the books and _records of the grantee, reflect- ing the income from water services, examined by a representative of said Village to ascertain the correctness of thTe sworn report to be filed herein. The grantee agrees to furnish the Village of Euless, free of charge, water for fire fighting services and further agrees to install fire hydrants on all mains in such locations so that the straight line distance between said fire hydrants shall not exceed 1,000 feet. - 3 - All fire hydrants shall be standard three -way h_ drants and shall be installed without cost to the Village of Euless. Section 9: At the expiration of this franchise the grantee shall notify the Village of Euless of his intention to apply for a new franchise. If, in'the event the franchise is not renewed, then the grantee, his heirs, successors, lessees or assigns shall have the right to remove all pipes and equipment of every kind and character used in connection with or pertaining to said system of water works from the Village streets and alleys, provided however the Village of Euless shall have the option to purchase the same at a price agree able to the grantee. In the event Grantee should remove said water system for the Village streets, alleys and other public or private property, the said Grantee agrees to immediately repair said streets, alleys, -public and private property ty to the condition that they were in immediately prior to the removal of said water system. Section 10: The grantee shall, urithin ten (10) days from the lapproval of this ordinance, notify the Mayor of the Village of Euless of his consent and acceptance of the provisions and "conditions of thi, ordinance, and said notice to be by registered mail. Section 11: This ordinance shall be of no force and effect whatover unless it shall be accepted by the grantees within the time and in the manner herein provided for. Section 12: Subject to the provisions of this ordinance, the grantee herein, his heirs, successors, and assigns is expressly givor_. the power and privilege to sell, transfer, and assign said franchise and the seater systom,constructcd under the terms hereof to any person firm, or corporation, or their legal ropresentative providing the Village of Euloss does not exercise its option to purchase said water system. Section 13: Royce E. Wisenbaker further agrees to furnish the Village of Euless with Bond and sufficient maps showing the location of all lines, valves, fittings, and etc. In the event Royce E. [-Ilisenbaker wishes to sell the system at any time the Village of Euless shall be given the first opportunity t purchase same under the above stipulated conditions. If the Village of Euless, after a reasonable time, fails to exercise its option, the grantee shall have the right and privilege to convey title to another party or parties. The grantee shall obtain all permits necessary for such crossii. and the Village of Euless agrees to assist the grantee in obtaining said permits. Section 14: The grantee agrees that he will maintain slid wat.- system in a good and business like manner and condition and that he will furnish a good and adequate supply of potable water to the Villc of Euless, its residents and inhabitants at all times. The grantee further agrees that in the event•he should breach any of the terms and conditions of this franchise, that it shall be subject to termina- tion by'the Village of Euless without liability on the part of said Village. Section 15: Any consumer who uses over 50,000 gallons of water per month shall be classified as a commercial consumer and the grantee agrees that the charge for water shall be 0.25 per 1,000 gallons of water consumed over and above 50,000 gallons. This rate "shall be subject to alteration by agreement of the parties. Section 16; The grantee agrees to drill a second well immodiat- ely after it becomes apparent that one well is inadequate to f urnish the requested volume of water or water pressure necessary to the maintenance of an adwquate system for the village of Euless. Section 17: The fact that the Village of Euless is a Village containiri, approximately 500 people and is wiaolly without any public water system and fire protection creates an emergency and an impera- tive public necessity, that provisions be made for the construction of such water system and providing for fire protection within said Village without delay, and the rule requiring; the reading of this' Ordinance on three sucessive meeting dates is therefore suspended, and this ordinance is put upon its'third and final reading and finall- passed at the meeting on this date, and it shall take effect and be in full force from and after its passage and approval by the Mayor and the acceptance in writing, as herein provided and stipulated. Upon motion by Alderman M.L. Anders seconded by Alc'c-rnnn, Ernest Millican, Jr. and vote taken thereon, this Ordinance unanimous- ly adopted at a called - meetinng of the Village Council on this the 6th day of March, A.D., 1954. JOE UMPHRESS Mayor of the Village of Euless ..5_ CERTIFICATE OF VILL^ GE SECRETARY TO O''DI1_UMNCE This is to certify that the above and foregoing, ordinance after its adoption was-placed in the office of the Secretary of the Village of Euless, Texas, that it was thereafter signed and approved by the - Mayor of such Village, and was by him returned. to the Village Council, and was-duly adopted by the Village Council of-such Village at called session, sitting on the 6th day of March, A.D., 1954, by the following vote to wit A.E. Tillery - Voting Ycs Ernest Millican Jr. Voting Yes IN. H. Fuller Voting Yes M.L. Anders Voting Yes J.S. Anderson Voting Yes J.J. Umphress (Mayor) Voting Yes Thnse opposed .....DTON ............. J.S. Anderson Secretary of the Village of Euless