019-94-Ordinance-Granting Lone Star Gas Company a Franchise Agreement-08/01/1994019 - 9 4 CITY SECRETARY
ORDINANCE NO: ORIGINAL CCRY
AN ORDINANCE GRANTING TO LONE STAR GAS COMPANY, A
DIVISION OF ENSERCH CORPORATION, A CORPORATION, ITS
SUCCESSORS AND ASSIGNS, A FRANCHISE TO FURNISH AND
SUPPLY GAS TO THE GENERAL PUBLIC IN THE CITY OF SANGER,
DENTON COUNTY, TEXAS, FOR THE TRANSPORTING, DELIVERY,
SALE, AND DISTRIBUTION OF GAS IN, OUT OF, AND THROUGH
SAID MUNICIPALITY FOR ALL PURPOSES; 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 LIEU OF OTHER FEES AND CHARGES, EXCEPTING AD VALOREM
TAXES; AND REPEALING ALL PREVIOUS GAS FRANCHISE
ORDINANCES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS:
SECTION 1: That the City of Sanger, Texas, hereinafter
called "City", hereby grants to Lone Star Gas Company, a Division
of ENSERCH CORPORATION, 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 replacing therein and thereon pipelines
and all other appurtenant equipment needed and necessary to deliver
gas in, out of, and through said City and to sell gas to persons,
firms, and corporations, including all the general public, within
the City corporate limits, said consent being granted for a term of
twenty-five (25) years from and after the effective date 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 approximate original condition all
thoroughfares and other surfaces which it may disturb. The location
of all mains, pipes, laterals, and other appurtenant equipment shall
be fixed under the supervision of the City or an authorized agent
appointed by said City.
When the Company is required to relocate its mains, laterals,
and other facilities to accommodate construction, and the relocation
is the result of construction or improvement to the Federal -Aid
System (or any successor thereto), and Company is eligible for
reimbursement for its costs and expenses incurred as a result of
such construction and improvement from the Federal Government, the
County Government, or the State of Texas, as permitted by law
pursuant to any reimbursement program, and City requests
reimbursement for costs and expenses incurred as a result of such
construction or improvement, Company costs and expenses shall be
included within any such application for reimbursement, provided
that Company submits the appropriate documentation to City prior to
such application. City shall make a reasonable effort to provide
sufficient notice to the Company to allow the submittal of
appropriate cost information to the City.
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 public shall be protected by barriers and
lights placed, erected, and maintained by Company; and in the event
of injury to any person or damage to any property by reason of
Company's construction, operation, or maintenance of the gas
distribution plant or system of Company, Company shall indemnify and
keep harmless City from any and all liability in connection
therewith.
SECTION 4: In addition to the rates charged for gas
supplied, Company may make and enforce reasonable charges, rules and
regulations for service rendered in the conduct of its business
including a charge for services rendered in the inauguration of
natural gas service, and may require, before furnishing service, the
execution of a contract therefor. Company shall have the right to
contract with each customer with reference to the installation of,
and payment for, any and all of the gas piping from the connection
thereof with the Company's main in the streets or alleys to and
throughout the customer's premises. Company shall own, operate and
maintain all service lines, which are defined as the supply lines
extending from the Company's main to the customer's meter where gas
is measured by Company. The customer shall own, operate, and
maintain all yard lines and house piping. Yard lines are defined
as the underground supply lines extending from the point of
connection with Company's customer meter to the point of connection
with customer's house piping.
SECTION 5: Company shall not be required to extend mains on
any street more than one hundred feet (1001) for any one customer
of gas; provided that no extension of mains is required if the
customer will not use gas for space heating and water heating, or
the equivalent load, at a minimum.
SECTION 6: Company shall be entitled to require from each
and every customer of gas, before gas service is commenced, a
deposit in an amount calculated pursuant to the Company's Quality
of Service Rules as may be in effect during the term of this
franchise. Said deposit shall be retained and refunded in
accordance with such Quality of Service Rules and shall bear
interest, as provided in Tex. Rev. Civ. Stat. Ann. art. 1440a as it
may be amended from time to time. Company shall be entitled to
apply said deposit, with accrued interest, to any indebtedness owed
Company by the customer making the deposit.
SECTION 7: The rights, privileges, and franchises granted by
this ordinance 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. Provided,
however, City shall not grant more favorable conditions, including
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CITY SECRETARY
ORIGINAL COPY
franchise fee, to any other gas utility franchisee than are herein
granted to Company.
SECTION 8: Company, its successors and assigns, agrees to
pay and City agrees to accept, on or before the 1st day of April,
1995, a sum of money which shall be equivalent to two percent (2%)
of the gross receipts received by Company from the sale of gas to
its residential and commercial customers within the corporate limits
of said City (expressly excluding governmental accounts and receipts
derived from sales to all other classes of customers in said City)
from January 1, 1994 through the effective date of this ordinance
and three percent of the gross receipts received by Company for the
sale of gas to its residential and commercial customers within the
corporate limits of said City (expressly excluding governmental
accounts and receipts derived from sales to all other classes of
customers in said City) from the effective date of this ordinance
through December 31, 1994. Thereafter, Company, its successors and
assigns, agrees to pay and City agrees to accept, on or before the
1st day of April, 1996, and on or before the same day of each
succeeding year during the life of this franchise, the last payment
being made on the 1st day of April, 2020, a sum of money which shall
be equivalent to three percent (3%) of the gross receipts received
by Company from the sale of gas to its residential and commercial
customers within the corporate limits of said City (expressly
excluding governmental accounts and receipts derived from sales to
all other classes of customers in said City) during 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. The initial payment for the rights and privileges
herein provided shall be for the period January 1 through December
31, 1995, and each succeeding payment shall be for the period
January 1 through December 31 of the respective year in which the
payment is made. 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 now impose or hereafter
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 Company's 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 to residential and commercial customers within
the corporate limits of City, Company agrees that on the same date
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CITY SECRETARY
ORIGINAL CORM
that payments are made, as provided in the preceding paragraph of
this Section 8, it will file with the City Secretary a sworn report
showing the gross receipts received from the sale of gas to its
residential and commercial customers within said corporate limits
during 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.
SECTION 9: This franchise is subject to good faith
renegotiation at the request of either party at any time.
SECTION 10: When this franchise ordinance shall have become
effective, all previous ordinances of said City granting franchises
for gas distribution purposes which were held by Company shall be
automatically cancelled and annulled, and shall be of no further
force and effect.
SECTION 11: In order to accept this franchise, Company must
file its written acceptance of this franchise ordinance within sixty
(60) days after its final passage and approval by said City. If
this franchise ordinance is not accepted by Company within sixty
(60) days, the franchise ordinance shall be rendered null and void.
SECTION 12: This ordinance shall become effective on
September 1, 1994, provided that prior to September 1, 1994,
Company's written acceptance is filed with the City. If Company's
written acceptance is filed with City after September 1, 1994, this
ordinance shall become effective on the date Company's written
acceptance is filed with the City.
AugPASSED AND APPROVED on this the 1st day of
ust I A.D. 1994.
ATTEST:
City Secretary
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Mayor
City of Sanger, Tex s
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I, Blake Lemons, Publisher of the Sanger Courier, do hereby swear that a
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in the Sanger Courier on this date(s) 0,6&QAdt I L I I 'I
The Sanger Courier has general circulation in Denton & Cooke counties.
Publisher
Sworn to before me, Notary Pu 'c, in and for the County of Denton, this the
/7Eo1994.
.
Notary Public
`- RICHARD MUIR
' NOTARY PUBLIC
STATE OF TEXAS
Commission Expires 12-31.96
rom
DAMES
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800•858-9400
Buy or Sell
Real Estate
call
r9inia A. Williams
CITY SECRETARY
ORIGINAL COPY
VIDINC; IFOR iSEVERABILiTy OF THIS ORDINANCE; PROVIDING FORS'
ANY CONFLICTING PROVISIONS; AND PROVIDING AN EFFECTIVE'
DATE FOR THIS ORDINANCE,
CITY OF SANGER, TEXAS
ORDINANCE #019.94
AN ORDINANCE GRANTING TO LONE STAR GAS COMPANY,
A DIVISION OF ENSERCH CORPORATION, A CORPORATION, ITS SUC-
CESSORS AND ASSIGNS, A FRANCHISE TO FURNISH AND'SUPPLY GAS,
TO THE GENERAL PUBLIC IN THE CITY OF SANGER, DENT ON COUNTY,
TEXAS, FOR THE TRANSPORTING, DELIVERY, SALE, AND DISTRIBU-
TION OF GAS IN, OUT OF, AND THROUGH SAID MUNICIPALITY FOR
ALL PURPOSES; PROVIDING FOR THE PAYMENT OF A FEE OR CHARGE
FOR THE USE OF THE STREETS, ALLEYS, AND PUBLIC WAYS; AND PRO-
VIDING THAT IT SHALL BE IN LIEU OF OTHER FEES AND CHARGES,
EXCEPTING AD VALOREM TAXES; AND REPEALING ALL PREVIOUS
GAS FRANCHISE ORDINANCES.
. APPROVED AND ADOPTED BY SANGER CITY COUNCIL ON
AUGUST 1, 1994.
ATTEST: Nei Armstrong
Rosalie Chavez, City Secretary Mayor, City of Sanger
PUBLIC HEARING NOTICE 1
The City of Sanger will hold a public hearing at 7:00 p.m. on
August 15, 1994 in the Sanger City Hall in regard to the sub
mission, of an application to the Texas Department of Hous-
ing & Community Affairs for a Texas Community Develop-
ment Program (TCDP) grant. The purpose of this meeting is
to allow citizens an opportunity to discuss the deveoplment
of local housing and community development needs, the
amount of TCDP funding.available, all eligible TCDP activi
ties, and the use of past TCDP funds. The city encourages
citizens to participate in'the development of this TCDP appli
cation and to make their views known at this public meeting.
Citizens unable to attend this meeting may submitt their views
and proposals to the City Manager's Office during regular
office hours. Handicapped individuals who wish to attend
this meeting should contact City Hall to arrange for assis-
tance.
Rosalie Chavez, City Secretary