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Home My WebLink AboutORD 1986-005 ORllINANC� NO: 86-05 AN OKDINANCE GRAN'1'ING '1'U LONr: STA1d, iuAS C01�1PANY, A DIVISION C)F �I�S�1tCH CORPO�tA'1'ION, �i COliPORA`I'IUN, ITS SUCCESSORS [�NL ASSI(�NS, A FRANCHISE TO FURNISli ANll SliP1�i,Y GAS TO '1'HE GENERAL PUBLIC IN THE CI'I'Y �F GRAPEVINE, 1'Ati.KAN`P COUNTY, TEXAS, FOl�, TFiE TRANSPORTING, DELIVEIt7 Y, SALE, AND llISTRIBUTION OF GAS IN, OU'1' OF, ANll T�iKOUG�-1 SAID I�iDNIC1PALI�I'Y FO13, f�LL PUKPUSES; �""'"' Pti3OVIDING FOR THL: PAYMEN'I' UF A FEE OR Cf7iAK(�E FUR THE USE OF THE ST'KEE`I'S, ALLEYS, AND PUBLIC WAYS; ANll PftOVIDING THAT IT SHALL BE IN LIEU UF �.::� O1'HEK FEES AND C�lAKGES, EXCEPI'1NG AD VALOREi�1 TAXES; AN D KEPEALIN G ALL PREVIO US GAS F�tAN CHISE OHDINAN CES. BE IT ORDAII�IED BY THE CI'I'Y COUNCIL tiF '1'HE CI'I'Y OF Gii.APEVINE, T�XAS: SECTICUN 1. That the City of Grapevine, 'T'exas, hereinafter called "City," hereby grants to Lone Star Gas Company, a i)ivision of ENSE1tC1r1 CORPOKA'I'ION, 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 �eneral public, within the City corporate limits, said consent being granted for a term of twenty (`LO) years from and after the date of the final passage and approval 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 an approximate original condition, at its cost, 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 committee or agent appointed by said City. �� SECTION 3. 1Nhen 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 the construction, operation, or maintenance of' the gas distributing plant or system of Company, Company shall indemnify and keep harmless City from any and all liability in connection herewith. Company shall repair, clean up, and restore to an approximate original condition all streets and alleys disturbed during the construction and repair of its gas distributing system. 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 consumer'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 consumer 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 a,��.� consumer's house piping. SEC'I'ION 5. Company shall not be required to extend mains on any street more than fifty (50) feet for any one consumer of gas. SECTION 6. Company shall be entitled to require from each and every consumer of gas, before gas service is commenced, a deposit in an amount calculated pursuant to the Company's �ualiYy of Service Kules 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 (Vernon Supp. 1985). Company shall be entitled to apply said deposit, with accrued interest, to any indebtedness owec� Company by the consumer 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. a�,..4 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. A. Company, its successors and assigns, agree to pay and City agrees to accept, on or before the fifteenth day of Nlay, 1986, and on or before the fifteenth day of the second month following the end of each calendar quarter during the life of this franchise (Nlay 15, August 15, November 15, and February 15) the last payment being made on or before the 15th day of February, 2007, a sum of' money which shall be equivalent to three percent (3$) of the gross receipts received by Company from the sale of gas to its domestic and commercial consumers and industrial consumers within the corporate limits of said City, for the preceding calendar quarter, which quarterly payment shall be for the rights and privileges herein granted to Company, including expressly, without limitation, the right to use the streets, alleys, and public ways of said City. B. Company, its successors and assigns, agrees to pay and City agrees to accept on or before the fifteenth day of the second month following the end of each calendar quarter during the life of this franchise (l�iay 15, August 15, November 15, and February 15) the last payment being made on or before the 15th day of February, 2007, a sum of money which shall be equivalent to ane and one-half percent (1-1/2$) of the gross receipts received by Company from the sale of gas directly to governmental consumers and users within the corporate limits of said City that own and operate a regional airport pursuant to Art. 46d-1 (the Nlunicipal �-°, Airports Act) Tex. Rev. Civ. Stat. Ann., and the operation and maintenance of said airport which is financed by at least sixty percent from fees generated from users for the preceding calendar quarter, which quarterly 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. C. Receipts from the sale of gas to all other governmental users and consumers is excluded from either subsection 'A' or subsection 'B'. Governmental users and consumers are defined as Cities (except as provided in 'B' above) public schools, County Governments, State Government, Federal Government, and all branches and subdivisions of said governmental entities that are tax-supported institutions. D. It is also expressly agreed that the aforesaid quarterly payment shall be in lieu of any and all other and additi.onal 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 impose or hereafter be authorized to 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 �F� aforesaid, then City agrees that it will apply so much of said sums of money paid as may be necessary to satisfy Company's obligation, if any, to pay any such taxes, licenses, charges, fees, rentals, easement, or franchise taxes or charges. �..� E. In order to determine the gross receipts received by Company from the sale of gas within the corporate limits of City, Company agrees that on the same date that quarterly payments are made as provided in the preceding subsections 'A' and 'B', Section 9, it will file with the City Secretary a sworn report showing the gross receipts received from the sale of gas to the consumers and users covered by subsections 'A' and 'B' within said corporate limits for the calendar quarter 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. -2- 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. Company shall accept this franchise ordinance within a reasonable period of time after its final passage and approval by said City. PASSED AND APPKOVED on first reading on this the 7th day of �:.� Januarv , A.D. 198 6 . FINALLY PASSEll AND APPHOVEB on second reading on this the 4th day of February , A.D. 198 6 . �� ATTEST: Li�'�� City Secr tary 1Vlayor City of Grapevine, Texas FRANCHISE ORllINANCE ACCEPTED BY Lone Star Gas Company, a Division of ENSERCH Corporation this the ;� i'«�. day of ��Jf�f�;,_;� , 198 ;: ATTEST: LONE STAR GAS COiViPANY, a Division of ENSEHCH Corporation ' F i j , � , �.� , � �"+.... � i 4� i� �.� "� S,�q f.i 1, �y ��,��.� , ��.��.a Assistant Corporate Secretary Vice P esident ��' 1 �� ,,..., �:� -3-