05/25/1994-CC-Agenda Packet-SpecialSPECIAL CALLED CITY CQUNCIL MEETING
AGENDA
WEDNESDAY, MAY
201 BOLIVAR STREET,
6:00 P.M.
1. Call Meeting To Qrder
25, 1994
CITY HALL
2. Consider and Possible Action Regarding Resolution #R5-94 -Short
Term Financing
3. Consider and Possible Action Awarding the Keaton Road (F.M. 455 to
Duck Creek Road}/Willow Street (Loop 138 to Jones Street) Paving &
Drainage Improvement Bid
4. Adjournment
Rosalie Chavez, City
May 20, 1994 4:30 p.m.
Date &Time Posted
CITY OF BANGER
P. O. BOX 578
BANGER, TEXAS 76266
MEMORANDUM #2510
TO: Honorable Mayor & Members of the
FROM: John Hamilton, City Administrator
DATE. May 23, 1994
SUBJECT: Capital Improvements Projects
1) . Funding:
Council
The GNB Loan Committee is meeting Wednesday morning, 5/25j94,
to consider the City's request for a 5 year, $1,200,000 line of credit in
order to proceed with the identified Capital Improvement Projects.
Mr. Garland Thornton will not be able to be present Wednesday
night, but will inform us as to the outcome of the Loan Committee's
Meeting.
2). The bids for the street work on Keaton and Willow are still pending.
The low bidder, XIT of Garland, has agreed to the $34,000 reduction
in drainage improvements for the streets. This would lower their bid
to $785,080.14 and the engineering costs to $47,104.80 for a total of
$832,184.94 which would leave, $367,815.10 for the Library
construction. Additionally, Commissioner Don Hill has been asked for
$75,000 as Denton County's share of Keaton Road reconstruction.
JH:es
CITY OF SANGER, TEXAS
RESOLUTION #R5-94
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER,
DENTON COUNTY, TEXAS, AUTHORIZING THE FINANCING OF
STREET RECONSTRUCTION AND NEW LIBRARY FACILITY.
WHEREAS, the City %J Sanger needs to provide for the immediate renovation
of Keaton Road (F.M. 455 to Duck Creek Road)/Willow Street (Loop
138 to Jones Street) to improve traffic safety and accessibility, and
WHEREAS, the community requires a new Library of over 5,000 sq. ft to
serve the needs of a growing area, and
WHEREAS, upon advice of the Consulting City Attorney, Section 51.035 and
Section 101.005 of the Local Government Code provide that the
governing body of a city such as Sanger may borrow money based upon
its own credit, and
WHEREAS, GNB-Sanger, the City's depository, has agreed to finance up to
$1,200,000 of these street and Library improvement projects based
on NY prime interest rate minus one-half percent due in quarterly
I
nstallments for 60 months.
NOW, THEREFORE, BE IT RESOLVED By the City Council of the City of
Sanger, Denton County, Texas:
1). That all funds borrowed from GNB-Sanger shall be due and
payable as provided from the approved operating budgets for
60 months by the City of Sanger.
2). The maximum amount to be borrowed from GNB-Sanger for the
above described road improvements and new Library Facility
shall not exceed $1,200,000.
PASSED AND RESOLVED this 25th day of May, 1994,
ATTEST:
Rosalie Chavez
City Secretary
Nel Armstrong
Mayor
May 200 1994
Commissioner Don Hill
Denton County Commissioners Court
Courthouse -On -The -Square
110 W. Hickory
Denton, Texas 76201
Dear Commissioner Hill:
In reference to the City's request to the County regarding the
proposed improvements to Keaton Road, on Thursday, May 19, 1994, I met
with Michael Jones, your Public Works Director, and furnished copies of the
engineering design and bids for Keaton Road. The bid by XIT Construction
of Garland, plus six (6)% engineering, is ($469,085.32 + $28,145.12)
$497,230,44. The City's Consulting Engineers have discussed eliminating
about $14,000 of drainage improvements from the project for a final
estimated cost of $483,230.44. The per linear ft cost of the project breaks
down to, including engineering, $126.61. The County portion of the section
of Keaton Road between FM 455 and Duck Creek is approximately 1200 ft
Figuring the west portion of Keaton Road belongs to the County, the
construction cost estimate is $75,963.84.
With this in mind, the City of Sanger requests that you consider asking
for this estimated cost for reimbursement to the City in your Fiscal Year
94j95 Operating Budget, or through unexpended Road Bond Funds.
Representatives from the City would be pleased to discuss this request
with you at your convenience.
5' cere y,
/V44A
Bohn Hamilton
ty Administrator
JH:es
cc Honorable Mayor &City Council Members
BID TABULATION
CITY OF SANC3ER
PROJECT A: KEATON RD.
PROJECT B: WILLOW ST.
D94011E
MAY 16, 1994 4:00 P.M.
Kenneth Wells
430 West Industrial
Sulphur Springs, TX 75482
All -Tex Paving
2462 Walnut Ridge X 300 $561,430 $436,747925 $998,177.25
Dallas, TX 75229
APAC Texas, Inc.
P.O. Box X 200 $550,146960 $449,811.30 $999,957.90
48
Dallas, TXX 75222-4048 Rushing Paving Co., Inc.
2902 Texoma Dr.
Dennison, TX 75020
XIT Paving & Construction;
P.O. Box 495337 `' X 210 $469,085.32 $349,994.82 $819,080.14
Garland, TX 75049-5337 >'
Quantum Quality
P.O. Box 397
Ed Bell Construction Co.
10605 Harry Hines Blvd. X 150 $487,072.35 $362,076.65 $849,149.00
Dallas, TX 75220
Mario Sinacola & Sons Exc.
P.O. Box 248
Lewisville, TX 75067
Overland Corporation
6 miles S. on Hwy. 77
Ardmore, OK 73401
JRJ Paving, Inc.
P.O. Box 59934 X 150 $480,100.20 $408,682.78 $888,782.98
Dallas, TX 75229
BID TADUIJATION
CITY OF BANGER
PROJECT
A:
REATON
RD.
PROJECT
H:
WILLOW
ST.
D94011E
MAY 16, 1994 4:00 P.M.
$961,548.84
Citu of
May 19, 1994
Mr. Garland Thornton
Executive Vice President
:;NB - Sanger
P. 0. Box 128
Sanger, Texas 76266
Dear Mr. Thornton:
As previously discussed, the City of Sanger is requesting a $1,200,000,
five (5) year loan from GNB in order to reconstruct two major streets,
Keaton Road and Willow Street, and to construct a new Municipal Library.
This loan would be repaid in quarterly installments and would have an
interest rate of Wall Street prime minus .5%.
Currently, the City of Sanger has a $265,000 plus interest balance
outstanding on a one (1) year $415,000 note with the next (quarterly)
payments of $100,000 and $165,000 due on June 15, 1994 and
September 15, 1994, respectively. According to the City's Consulting
Engineers, the first draw on the requested loan would be in July, '94. With
this schedule in mind, the City of Sanger would request that the first
installment on the new debt would be due, December 15, 1994.
For City fiscal year budget purposes, a figure of $285,137 for annual
payments is projected or $71,284 per quarter.
June 15, '94
Sept.
15, '94
Dec. 15, '94
March 15, '95
June 15, '95
Sept. 15, '95
$1,
$265,000
00000
�
a
$71,284
$71,284
19284
$? 1,284
Your assistance and consideration in this Capital Improvements
Program is greatly appreciated.
Sincerely,
Hamilton
ltytAdministrator
JH:es
i
TO:
FROMM
DATE:
SUBJECT.
CITY OF SANDER
F. O. BOX 578
BANGER, TEXAS 76266
Honorable Mayor &
John Hamilton, City
May 20, 1994
Review of Lone Star
Members of the
Administrator/
Gas
' Franchise
ty Council
ement
Several weeks ago, Lone Star Gas Company's Area Manager, Rick Vaughn,
was approached concerning renegotiating their franchise fee from the
current 2% to a more competitive figure. Lone Star has responded by
offering 3%, if the entire franchise agreement would be renewed for an
additional 25 year term from its current expiration date of April 1, 1997.
Section 10 of their proposal also allows for renegotiation if warranted during
the term of the franchise.
In current dollars, Lone Star paid a franchise fee to the City of just over
$8,000 on April lst, the 3% franchise would increase that to about $12,000
on April 1, 1996. (These figures assume no growth and similar weather
conditions.)
Lone Star Gas has submitted the enclosed proposed agreement and it has
been forwarded to the City Attorney for comment. If Council has no
objections, it is anticipated to be placed on the July 5th Meeting Agenda.
JH:es
Enclosures
RICHARD R. VAUGHN
Area Manager
Mr. John Hamilton
City of Sanger
P.O. Box 578
Sanger, Texas 76266
e k
Lone Star Gas Company
908-12 Monroe Street •Fort Worth, Texas 76102-6393
1-800-460-3030
May 9, 1994
OF SAN�c�
r `µAY 9 1"4
Lone Star Gas Franchise Renewal
In accordance with our prior conversations pertaining to the status of Lone Star's franchise with
the City of Sanger, please find enclosed a proposed ordinance for your review that would replace
our existing franchise agreement that concludes in 1997. Also enclosed is a summary
of key features of the proposed franchise.
Please note that the proposed franchise is consistent with other Lone Star Gas Company standard
franchises, and features a Twenty-five year term from the 1997 anniversary date and a 3%
franchise fee. The effective date for establishing the franchise fee at the 3% level is proposed
for July 1, 1994. The first six months of the 1994 franchise fee is to be calculated at the current
2% amount since that is what is being collected from gas customers presently.
You had suggested that some provision be incorporated in the new franchise document that
would permit renegotiation during the term of the agreement if for some reason it became
necessary to amend the contract, Section 9 of the proposed franchise accomplishes this.
However, the City can further be reassured that Lone Star Gas has a strong track record of
renegotiating its franchises in mid-term with its cities,
Should the City desire to expedite the processing of the proposed agreement to meet the July 1,
1994 effective date, please keep in mind that I must bilaterally secure the Company's formal
acceptance of the agreement as adopted by the City Council before the agreement can become
effective. Please give me a call if you have any questions about the enclosed documents.
Sincerely,
Richard R. Vaughn
enclosures
EXECUTIVE SUMMARY
LONE STAR GAS FRANCHISE
WITH
CITY OF SANGER
CURRENT PROPOSED
SECTION 1: 25 year term to April 1, 1997. 25 year term from end of current
franchise (28 years from July, 1994).
SECTION 2: No provision for reimburse- Provides for reimbursement to Lone
ment on Federal -Aid projects. Star Gas on main relocation projects
from the Federal -Aid System when
available.
SECTION 3: LSG work in public rights -of- Duplicate restoration requirements
waya covered in Section 2 and removed
from this section .
SECTION 4: Defines service and yard line Uses "customer" in place of
connections. "consumer".
SECTION 5: Provides for 50-foot main Provides for 100-foot extension
extension per customer. to minimum use customers.
SECTION 6: Customer deposits with 6% Interest amount to be calculated in
interest paid by LSGe accordance with State an and Quality
of Service Rules.
SECTION 7: Non-exclusive franchise. In addition, provides for no greater
favorable conditions to other gas
utility franchisees.
SECTION 8: Responsibility to Company (No changes).
for adequate service, rates,
and maintenance.
SECTION 9: 2%franchise fee for 25 years. 2% fee for first 6 months of 1994, then
3% thereafter for 25 years from end
of current franchise (1997).
SECTION 10: Nullification of prior Renegotiation provision.
franchises (becomes Sec. 11).
SECTION 11: Company acceptance Nullification of prior franchises.
(becomes Sec. 12).
SECTION 12: (None). Company acceptance and 60-day
nullification provision.
SECTION Be (None). Effective date: July 1, 1994 upon
Company acceptance.
zgr4zaaz.51094
ORDINANCE N0:
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
F. 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-eight (28) 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 commence, 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 franchise fee, to any other gas utility
franchisee than are herein granted to Company.
2
SECTION 8: Company shall furnish reasonably adequate service to
the public at reasonable rates and charges therefor; and Company shall
maintain its property, equipment and appliances in good order and
condition.
SECTION 9: 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, 2023, 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.
3
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 that
payments are made, as provided in the preceding paragraph of this Section
89 it will fil..e.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 10: This franchise is subject to good faith renegotiation
at the request of either party at any time.
SECTION 11: 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 12: 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 13: This ordinance shall become effective on July 1, 1994,
provided that prior to July 1, 1994, Company's written acceptance is
filed with the City. If Company's written acceptance is filed with City
after July 1, 1994, this ordinance shall become effective on the date
Company's written acceptance is filed with the City.
PASSED AND APPROVED on this the day of ,
A.D. 1994.
ATTEST:
City Secretary Mayor
City of Sanger, Texas
STATE OF TEXAS §
COUNTY OF DENTON §
CITY OF SANGER §
I, , City Secretary of the City of Sanger,
Denton County, Texas, do 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 Sanger, Texas, at a session, held on the
day of 1994, as it appears of record
in the Minutes in Book page
WITNESS MY HAND AND SEAL OF SAID CITY, .this the day of
A. D. 1994.
5
City Secretary
City of Sanger, Texas
EXTRACT FROM THE MINUTES OF
THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS
The City Council of the City of Sanger, Denton County, Texas,
convened in session on the day of
1994, at M., with the following persons present.
Mayor:
City Council Members:
Absent:
A quorum being present, came on to be read and considered Ordinance
No. granting to Lone Star Gas Company, a Division of
ENSERCH CORPORATION, a Texas corporation, a franchise to furnish and
supply natural gas to the general public in the City of Sanger, Texas,
for the transporting, delivery, sale and distribution of gas in, out of,
and through said municipality for all purposes. On motion made by
and seconded by
w is carried unanimously,
t e City Council voted the passage of the Ordinance and to record same
at length in these minutes.
0
STATE OF TEXAS §
COUNTY OF DENTON §
CITY OF SANGER §
I, City Secretary of the City of Sanger,
Texas, do hereby certify that the above and foregoing is a true and
correct copy of the proceedings of the City Council of the City of
Sanger, Texas, at a session, held on the day of
1994, in connection with the passage and adoption
of Ordinance No. granting a franchise to Lone Star Gas
Company and that the same is of record in Book page of the
Minutes of the City Council.
WITNESS .MY HAND AND SEAL OF SAID CITY, this the day
of A.D. 1994.
City Secretary
City of Sanger, Texas
SANGER.3:060994
Aid Oi�L�11''..16%Cl's C1:1�;Tx11G Z11 LO?:1: S7'AIZ GAS Cn;tPAic1', A C�i;POP.A-
PTC��I, I'llS S U C C •SS0RS A:;.) ASS ICId", A. I%X&ECI1I:;E 1*0 1.41'f't;IS71 At;n
S,:i I LT GAS f0 1'41:. (;rE�NRAL, I''li:.�..'LC I 4 T11P. CITY Or ,". 1
C0'u:I?Y, '; I:N So FOR 'Till.: fX%RA.::SPOi:'11N1G, ULLIV?•.RY, SALB AND DIS~ .
'inBurioiq OF CAS 12d9 OUT 01', A:ID TIAROUCII SAID MUNICIPALITY
I'0 R ALL 1'I1:POM1vSo) PROVID)I. ;G FOR 11-D74 PAYf;G;::T OF A I ;::E OR CKARGE
I R 1111: 11SE 0V TJ'AE' STi:I:i?TS, ALL IiYS A PUPoLI(: WAYS,
IPt;OVID
lil�T ILLE ;; � ,D� 'R17ES-
AND Mo% CLS,
C"P1ING AD VA1.0)Z1%.M TAUS; A;Z PkEPP.tdLI::G ALL 1'I11;VIOUS GAS FS:0-
CIIISi? OI:DI.;AI;CI.5.
BE IT Olt^:11;,I:i) ii' '.Gila CI'i"1' CC)U?�CT.L On T10E CITY Ofi SAI.dGi;R, TF.7.AS:
SI.C"i"LO:i 1. }'hat the City of 5anS;er, Texas. hereinafter called
"City," hcLwy F;ranta to Lone Star Cans Company, hc:re:.nafter called ''Comp
pery," it, nuoccercors mid iasoign::, consent to use and occupy the present
^_.d futu_a strf:eta, alleys, hi,lilways, public rinces, public thorough
ftran and Srotatds of City for the purpose of laying, maintaining, con-
OCrL•CLiti,^.,, opurati.ng and replacing therein and thereon pipelines, and
all oLl:cr apJ&YU tcria::t ccuipmc::1t needad and necessaAft
ry to delivar gas
in., out of, and th oui;h said City And to sell i,as to persons, firm
and corporatiors, including all the. general public, within tho City's
co.porcte liLI•its, said consent being gr,cntcd for a term of ti• cnty-five
(25) yo: &.s frosa and after the date of tho final passage and approval
of this o.dinance.
SI:CTIOIi 2. Co�rt,:Any shall lay, LL:int: in, ,construct, opercta
and replace its pipes, :�i:tc, laterals: and other equip��ent so cc to
interfere an little as possible with traffic and shall proL:ptly clean
up and reotore to an approximate original condition, at its cost,'all
thoruu hfnres and other surfaces which it tray disturb. The location
Of all r"ina, pipC8, laterals and other appurtenant equipment shall
be fi::ed under the supervision of the, City Council or an authorized
co=Uttae or agent appointed by said Council.
SECTION
5. 1dlien Company sWill rake or cause to be made excava-
tionu or shall place obstructfoilo in say strFct,, alley or other public
place, the public shall be protected by barriers and lights placed,
erected and maintained by Cor..pany; and in the event of injury to any
pereon or damage to any property by reason of the construction, opera--
tioa or maintenance of'the gas distributing plant or system of Company,
Company shall indemnify and keep harmless City from any and all lia-
bility in connection therewith. Company shall repair, clean up and
rentore to an approximate original condition all streets and alloys
disturbed during the construction and repair of its gas distributing
::':C:I^:7 4. In ac:;iit�.on to thr. rnr.c�r� charF;cd for gar 4i�;zpljc.d,
Co^zpai;y ;:�<y n�:kc a.7d eni'orce rc:tronabla clzarl;c.r., rules and re�ulati.ona
£or ::::rvicc rcac'.crad 'in tlza coz:clucC of its lz�ur.iner.�;, fncludiuti a chc:ryo
fo. ocrt•:iccr rcnd.�rcd in tl;n insu:;uration of nat•ur�11 f;as r�ervica, and
L..y x.�c;uwre, before furni.rhitzl; r.crvj.ee, the c;:ccution of n eontr�:et
tliarr_£or. Ce�n,�r,y rl:all hrtive t}ze right to co.:tr7et with enctz cut�Y.o--
;:; r �:�9.Ch rafcrcrcu to tt:e inrtAllstion o£, and pa)�nzc:nt for, cny and
ll o:.thc� ga ; piping from t};e connecti.on thereof �.*ith L-hd Conpany'r>
zrs;n in tl:e strn3ts or allcyn to ttr,d throughout tlzo con; uraer't� prnrzises.
Ccr:�::y clzxll orra, opc:rrtc: and ra:intain u].l service lines, tr}iich cc�:
c;c iizc:d r. t}zra supply lines from rhn Cc�npany' n main to the connimcr' G
curb li^c wl;cn rains era loccL•ud in the s trcets and to .thcz, connumcr ;�rs
gxa�nrCy„_ i_le c� �n rtiaint� ;ire ],9..�.:�tcci in the ailey�.�-�'1-,c� cozisttmer r�ha.11
oc�ra, operz:t;e ;end r.�sainCrzir. all y.Yrct lines and Izouse pipS.sz�;. �'ctrd lir,.es
J�C d�e£ir.ed as the u�dc�rground supply lines ext-rstzding from t}tt2 point
of con::cctacr+ �,iti: Conpany,'s ,;ervxco 13sio; to the point of connection
w*ith co:zsu;., r` a iiocwe piping. ``
SL'CTSO:; 5. Co�lpany sl-:all not be rccc�uired to extend mainH on
any GtrECL' morn than fifty (5G) fcGt for any oae consumer of �;as.
S;:CiiIC:;; 6. Cowipsny s},all he ontitled to xcquirg from each ar�d
every con:�urzer of gacz, before gas service ire cor:raeizcecl, a deposit of
tc�rica the: ano�t of an ectirute:d rver.:ge rlontllly bill, which said de-
posit mwy be retsinod by Conhr�ny u�ztil nervico is diFcantinu=d and all
bills thcrc:�or i:ave been paid. Cor.,pAny alzali L•hc:a return acid deposit
to the eo;zair.:zer, toFatlzer with $ix percent (6�:) intnrect thereon from
. the d:.ta of uuicl deposit up to the data of diccontinu,�uco of service.
Cor:pany ah II bo entitled to apply said deposit, With accrued iz,tcreet,
to any irdobtcdnect� ocrad Company by the consumer making the deposit.
�S1:CTIO:d 7. The rights, privileges 4nd frcuzchi.sca granted by
this ordirzauce ago not to be canaidered exclusive, and Cfty hereby ex�
preaaly reserves the riCht to �;ront, at any timer, like privileges, rights
end frnnclziaea ag it x:;iy sea fit to any other person or corporation
for the pczrpoce of furniElzing ya;. for light, bent and poker to and for
City and thQ inhabitants thcrc:of.
SECTION 8. Company sl?all furnish roaaonably adecluata service
to the public at reasonable xates and c1;ArPaa tl,crofor; And Company
ulzall r:aiatain its property, oquipn�nt and Appliances in good order
and conditS.on.
SY.CTIU:i 9. Co�creny, its auccausors and aeaifrrza, agrees to pap
end City a�;reas to accept, on or before the Ist day of April, 1973,
and oa oz beforo the same day,�of each succoeding y�r during rho life
-z-
of this f.r;�nchi,ao, uP to a:ul includi.n�; tl:ra ycrzr l;'9�, u aum of r:oncy
�,�hici� ri:;tll bn acluivc:t.a:zt to try Percent (?.':) of t:hc� froru rcc�alc,:tss
rnccivr.cl by CotnPany fr.oM tlic rn].e of ,�asc'to 'its rlorne:��:i.c and co:;cars— .-
cial cotiz�ara c,*ithin Cho corrorate lir.�ita of said City (c::prec^ly ex-
cltsdin�, however, rccai.l�ta dct:f�:cd from aa1.eF to indu^trinl and f;ovc:rn-
r,:cntal�ur.arE and con�:c�;.ra in rwi.d City), for the Prc.cr.din�; calendar
year, e:h•Lch c�nnurcl paynt�nt shall be for tl:e ri.uhts rnd privilcren herein
Frantc�d to Co;r�pany tncludir.� expresr,ly, wir.l:out limitation, the ri ;(��t
to u.,e Ch�� ntrcc:tr,, .^,1J.cy, and Public t:aytt of Maid City. And it is
alto c::•:pressly c�recd thrt the aforesaid na:nt�l Pay -truant shall bQ i.n
lieu oi' ::y and slI otlic�r and additional occurrtion ta::ca, c«setnent
ar.d i`.rrnclii.e.3 IUxc:s, or ch:.r£,eL (caltethe� Zevied :s t�t� rid valorcrt, s; ecir�l
or otl�c: ch;,ractc�r ac tax or c};3r£e), in li.cu of I::ur.i.ciPal license E:nd
inspcctian fees, rt,:eet taxes rnd street or a.liey rentnla or c'r�ar;res,
':aui 311 n;,hc.r and ndciiti-oval s:1in;.cinal t�:�:es, ch..rrec, leviea, Pees
;::�d re.�t� lr of tslc; feaster hind and cl:.�ractcr witicl� City Inay ir;taEse or
hcrcaLtcr be sut}io: izcd to levy ;��.d colJ.ect, e:xccptin ; arly the usual
�;cncral cr sl�eciul «d valor^.ru txxe;;, ��,t.�cl: city it c�uti�orized to levy
sr:d irr_iose upon rcr 1 ar:ci l�erron:�l Property. should Cxty not haves thct
legal 1>ot:c�r to 3;reE: that thc� }�aymenC of the foregoing �;urta of money
s.•;all be in Iiau of ts�res, licenses, i'ees, street or alley rer.taltr or
charges, cast-rr�nt or franchise t::xes or charges aforesaid, then Cs.ty
a^,reea t1:Ft it will aptly so r,�ucll of srsS.ci sense of money Paid as t;�ay
be reccasary to s;�tirfy C.omPs?ly' c obligations, if say, to pay any such
t S:es, licensac, charges, fens, rentalo, eases7ent or fra;ichisc tAres
or charges. -
In order to detersniue L'Iic tree . receipts received by Coripa;7y Lrosa
the sale of �,ac (expressly excluding; the tale of grss to indurtri.El sad
g;overnt�c�:.tal conglLuers) Uitliin the corporate lir.�it>3 of City, Co^:p;.ny
ag;rce� tIttzt on the sa>i,e Late t'nat pzysncnth am r.�ade as ��rovided in the
Preceding r�aragrapFt of this �cction 9, it a; ill file with the City Clerk
a rwo�z report al:owing the Q;2'otc recefptr� reeeive;d frors the: sale of
;;as to its dosroritic and cot�ncrcial consorters within said corporaCE limits
for the calendar yetis preceding tl�e dote of pa��esit. City rsay, it• it
sees fit, hsve the books and records of Co::�pary examined by a repre-
sentative of said CSty to a,acertain the correctncaa of the sworn re-
ports agreed to bo filed herein.
Receipts from sales to rovernmE:ntal us ors or consumpra taltsll in-
clude all thortca recciptR derived from tl,e sale, of gas to federal, atata,
county or city governmesita or brancheR and cubdiviaions thereof, school
districts or other similar districts, it heingy the intention to include
within the term "g>,overn:aetattil users and consur,,�:rs" all tex-supported '
inntitutions owned or oporatad directly or indirectly by said gavera-
taento end branches or subdivisions thereof, such au schools, collegeA,
-3-
x
h��ci}�::tr.l:�, clocu;ocyacry inr:t-itutioar.� akrry or training; camprs, nirportrs,
c.ourth��;l:�e, city hall rl�d other inaCiCutionc� o � lil:o or sil;lilaz kind
�i11C� C11;1r:1Cti:r.
''Indu;L•�-3r1 usaro or con:,urlerc,, " Ate her in ucccl, nra those fien-
crs.Zly nl:d r.o1;:�o11Iy clr�ositicd as Lucil by Camp,.uy.
lllC� pcyr.:et1C I�ereir, provided shrill be for the period January 1 Co
I�.�cna;bc�r 3l or: the resp�+ctivc year that the payl�ent iu made.
S.:CTTO\ 10. 1dl�en this frnnchis;e o:dinolzcc cl�:ll havo becorc+ effoc-
tivo, alb. previous ordirl.11csn of r:.id C•Lty f;rttnti.n� franclzi.�e,s for �;cs
dictr,but'oll pu �o:.•cc ti=llich e:ere Ilcld Uy Colrpany chcll bn cutc�tic�lly
canccl3.ed ;nd r:lwulled, ar.�d EI:all bo of do fuYther fozce and effect.
SECT10:3 11. Corlpany c:hall file itc arritten aceeptr�,nce of tI•�is
frcueslise ordinance a*•Rhin oixty (GO) days cfter ita final pAccaSo s,zld
aFproval by chid City.
.'
//
P�,SSi� A°iD ti.'PP.OVED on this the .;� day of �. ��. a;'v�-•-(
A.D. 19 '? �.�
ATTEST:
�/' / ,���
�'' City Secretary
;;
S2AT�: OF TEXAS � �
COU��'TY OF DEi�TOY �
1.�.�/mil ��-:-��'�� -' %�%'
2;ayor
_.;ty of .Sanger, Texan
I, �� / •
��.--'•;' . / � /_%C`` �______. ., Secretary of tho City of Sanger,
Denton County, Terns, uo hereby certify that tha abovQ and forasoinb
is a true•end correct copy of un.ordinsrlcc passod by the City Council
thetli,e City of Sanger, TQxas, at a _,.%!�: �?/��_.__ aecaion, held on
_ day of ' �: ��!.:�_ _. ___, 19 % S ae it appeAra of record
in thc�Minutee of said City Council,. in Book � , papa .,_„_ •. /
NYTZII?SS 1�;Y FiA:TD AhD SI?A,L Or SAID C21'Y, thin the �.,,:� day of �. �� �•`
•. A.D. 19%1 :'
:... �
� /j ., _-
City^ SQcxctary
• _ City of Banger, Takes
i