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HomeMy WebLinkAboutORD 04.19.1928 - Natural Gas FranchiseAN ORDINANCE GRANTING TO THE • COMITYNITY NATURAi, GAS COBiPANY, ITS SUCCESSORS A7D ASSIGNS, A =,NCHISE FOR THE CONSTRUCTION AND C ATION OF A TAS DISTRIBUTING PLANT OR SYSTEM ITT THE CITY OF GEORGETO77N, TEXAS, FOR A -:- T? ITTY-FIVE "25) YEARS: AMFIXING RATES AND CHARGES FOR '_'-URAL GAS SERVICE. BE IT ORDAINED by the City Council, of the City of Georgetown,. 6ection 1. That there is hereby granted to the Community Natural Gas Company, a corporation having its principal office at Dallas, in Dallas -County, Texas �hereinafte,r called the 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 Georgetown, a system of gas mains, supply pipes and laterals, with all necessary or desirable appur- tenances, for the purpose of supplying gas for light, heat, power, and other purposes to the said City of Georgetown, the inhabitants thereof, and persons and corporations beyond the corporate limits thereof; and the rights, privileges, and fran- chises herein granted shall be and remain in Grantee, its suc- cessors and assigns, free from all taxation except as hereinafter provided, for a period of twenty-five (25) years from and after the passage of this ordinance. Provided further, however, that the physical property of the Grantee shall be taxes as other pro- perty in Georgetown. Section 11. All mains, pipes and laterals shall be so laid as to interfere as little as possible with traffice 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 Georgetown. Section 111. 'When the Grantee shall make or cause to be made excavations, or shall place obstructions, in any street, alley, or other public place, the public shall be protected by barriers and lights placed, erected, and maintained by the Grantee; and in the event of injury to any person or de -a, a to any property by reason of the construction, oreration, or -a_:_tenance of the c,tv 04 Cleo rgf4own.Tif Ur ,naneeS 192o -m24 y-zm - ►12a I distributing plant or system of the Grantee, the Grantee shall indemnify and keep harmless the City of Georgetown, from any and all liability in connection therewith. The Grantee shall repair and clean up and restore to an approximate original condition, all streets and alleys disturbed during the construc- tion and repair of its gas distributing system. Section 1V. The rate to be charged by Grantee for natural gas sol under this ordinance3L is hereby fined as follows: The sum of seventy-five (75) cetns gross per thousand cubic feet for natural gas for domestic purposes; PROVIDED,that -this rate shall be subject to a discount of ten per cent (10%) if payment is made before the loth day of each month for gas consumed the preceding month. The rate herein provided, however, shall be subject to revision and change by the City Council in the mariner provided by law, Section V. In addition to the rates herein allowed to be charged for natural gas sold, Grantee shall charge and col- lect a "readiness to serve" charge of "customers' charge" from each and every consumer within the corporate limits of the City of Georgetown, in the flat'sum of .fifty (50) cents per month. This charge is agreed and understood to be a charge that each and every consumer is to pay,regardles.s of the amount of gas consumed or the rate per thousand cubic feet which will be charged for gas. Grantee shall be privileged to charge and col- lect from each consumer in the City of Georgetown a minimum monthly bill of One Dollar (Vy1.00) including the readiness to serve or customers' charge of fifty (50) cents per consumer per month. Grantee may also charge and collect 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; provi- ded such charge shall be not less than Two ($2.00) Dollars. Section V1. Grantee may make and enforce reasonalbe rules and regulations in the condut 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 Georgetown, to pay Grantee for the installa- tion of all service __Apes from the main in the street to and throughout the consumer's premises; and Grantee shall have 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 Grantee's main in the streets -to and including the meter located on the consumers premises. Service lines are defined as supply lines from Grantee's main in the street to and ending at consumer's meter. Section V11. Grantee shall not be required to extend mains longitudinally on any street more than fifty feet for any one consumer of gas. Nor shall Grantee be required to connect consumers to intermediate ar high pressure lines. Section V111. Grantee shall be entitled to require from each and every consumer of gas, before gas service is commen- ced, 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 six per cent interest thereon from the date of said deposit. Interest shall not be paid on amounts remaining on deposit with Grantee less th n six consecutive months. Grantee shall be entitled to apply said deposit, with accured interest, to any indebtedness owed Grantee by the consumer making the deposit, and when it has been applied to any indebt- edness, the gas service can be discontinued until all the in- debtedness of the consumer is p--,id, and a like deposit is again made with the Grantee by said consumer. Section 1X. Grantee hereby agrees, in consideration of the granting of this franchise, to pay to the City of Georgeto , annually, on or before the first day of January each year durin the life of this franchise the sum of twenty-five (')25.00) dollars in cash. Section X. The rights, privileges, and franchises granted by this ordinance are not t be considered exclus and the City of Georgetown hereby expressly reserves the right to grant,at any time like privileges, rights and franchise as it may see fit, to any other person or corporation fa the purpose of furnishing gas for light, heat and power to an for the City of Georgetown, and the inhabitants thereof. Section X1. The grantee shall furnish reasonably adequate service to the public, at reasonable rates and charges therefor; and the Grantee shall maintain its property, equipment, and appliances in good order and condition. Section Xll. The Grantee shall file its written acceptance within ninety (90) days after its passage and approval by the T ay or. Section X1ll.The .fact that there is now no gas supply in the City of Georgetown, andthat the people are in need of gas as a fuel supply, and the further fact that the work of con- structing and operating a gas distributing system can not be commenced until a franchise is granted therefor, creates a public necessity and an emergency requiring the suspension of the rules, and this ordinance shall take effect immediately upon its passage and approval by the Mayor. A7PEOVED this 19th, day April AmTFST: VF1.L. Cat_ esI_ City Clerk. STATE OF TEXAS C001,7Y OF 7ILLIALISON 1928. harsh Smith, Mayor. I, Y.L. Cates, City Secretary of the City of Georgetown, Williamson County, Texas, hereby certify that the above and foregoing is a true and correct copy of an ordinance passed by the City Council of the City of Georgetown, at a Adjourned session held on the 19th, day of April A.D. 1928, at it appears of record on the Minutes of said City Council in Book , Page . ",VITNE S my hand and seal of said City, this the 19th2day of April, A.D. 1928. .�. Cates, Secretary of the City of Georgetown, Texas. 4 STATE OF TEXAS 0 C O TYTTY OF DALLAS I =2T011 ALL MEN BY TM SE PPIE SEIIdT S : That C0?:Z71 TiTITY NATU?'LL GAS CODIPA.NY, a corpora- tion of Delaware duly authorized to transact its corporate busine s in the State of Texas, does hereby accept that certain franchise granted to it by ordinance of the City of Georgetown, Texas, on April 19, 19289 andwhich said ordinance authorizes the construction by the Community Natural Gas Company and operation of a gas distributing plant system in the City of Georgetown, Texas. This acceptance of the franchise so granted is in accordance with Section Xll of .the ordinance enacted by the City Council of the City of.Georgetown creating said franchise. ITT "TITS 4 > 7TIETOCT this instrument has been executed on this loth, day of April, 1928. COL'1'rUNI1Y NATUP.AL GAS COle17-DY, By: President. ATTEST: F.L. Richardson. Asst. Secretary. 5