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Ord 176 Granting Franchise Agreement to Lone Star GasORDINANCE NO. 176 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 GEN- ERAL PUBLIC IN THE TOWN OF WESTLAKE, TARRANT COUNTY, TEXAS, FOR THE TRANSPORTING, DELIVERY, SALE, AND DISTRIBUTION OF GAS IN, OUT OF, AND THROUGH SAID MUNICIPALITY FOR ALL PUR- POSES; 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, EXCEPT- ING AD VALOREM TAXES; AND REPEALING ALL PREVIOUS GAS FRANCHISE ORDINANCES. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That the Town of Westlake, Texas, herein --- after called "Town" 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 Town 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 Town and to sell gas to persons, firms, and cor- porations, including all the general public, within the Town corporate limits, and consent being granted for a term of twenty-five (25) 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 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 super- vision of the Town or an authorized committee or agent appointed by said Town. No open cut trenches will be permitted across paved roadbeds. Crossings will only be made by boring beneath. 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 the construction, operation, or maintenance of the gas distribution plant or system of Company, Company shall indemnify and keep harmless Town from any and all libility in connection herewith. Company shall repair, clean up, and restore to original condition all streets and alleys disturbed during the construction and repair of its gas distributing system. 1 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 consumer's house piping. SECTION 5: Company shall not be required to extend mains on any street more than fifty (501) 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 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 (Vernon Supp. 1988) 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 consumer making the deposit. SECTION 7: The rights, privileges, and franchises granted by this ordinance are not to be considered exclusive, and Town 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 Town and the inhabitants thereof. SECTION 8: Company shall furnish reasonable 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. K7 SECTION 9: Company, its successors and assigns, agrees to pay and Town agrees to accept, on or before the 1st day of April, 1989, and on or before the same day of each succeeding year during the life of this franchise, the last payment being made on the let day of April, 2014, a sum of money which shall be equivalent to four percent (0) of the gross receipts received by Company from the sale of gas to its domestic, commercial and industrial consumers within the corporate limits of said Town (expressly excluding, however, receipts' derived from sales to governmental users and consumers in said Town) for 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 Town. 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 Town may now impose or hereafter levy and collect, excepting only the usual general or special ad valorem taxes which Town is authorized to levy and impose upon real and personal property. Should Town 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 Town 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 (expressly excluding the sale of gas to governmental consumers) within the corporate limits of Town, Company agrees that on the same date that payments are made, as provided in the preceding paragraph of this Section 9, it will file with the Town Clerk a sworn report showing the gross receipts received from the sale of gas to its domestic, commercial and industrial consumers within said corporate limits for the calendar year preceding the date of payment. Town may, if it sees fit, have the books and records of Company examined by a representative of said Town to ascertain the correctness of the sworn reports agreed to be filed herein. 4 Receipts from sales to governmental users or consumers shall include all those receipts derived from the sale of gas to federal, state, county or town governments or branches and subdivisions thereof, school districts, or other similar districts, it being the intention to include within the term "governmental users and consumers" all tax -supported institutions owned or operated directly or indirectly by said governments and branches or subdivisions thereof, such as schools, colleges, hospitals, eleemosynary institutions, army or training camps, airports, courthouse, town hall, and other institutions of like or similar kind and character. The payment herein provided shall be for the period January 1 to December 31 of the respective year that the payment is made. SECTION 10: When this franchise ordinance shall have become effective, all previous ordinances of said Town 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 file its written acceptance of this franchise ordinance within sixty (60) days after its final passage and approval by said.Town. PASSED AND APPROVED on this the U_ day of 6�az) �_ A. D. 19 Ff. . I ATTEST: 9,67 - Tow Secretary ''^' « ' Mayor Town of Westlake, Texas STATE OF TEXAS § COUNTY OF TARRANT § TOWN OF WESTLAKE § Town Secretary of the Town of Westlake, T rant County, Texas, do hereby certify that the above and foregoing is a true and correct copy of an ordinance passed by the Town Council of the Town of Westlake, Texas, at a session, held on the _ day of O� 19 ��, as cit appears of record in the Minutes in Book $ , page 0 WITNESS MY HAND AND SEAL OF SAID TOWN, this the /O z, day of � , A. D. 19�. ', wn Secretary; Town of Westlake, Texas 11 EXTRACT FROM THE MINUTES OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS The Town Council of the Town of Westlake, Tarrant County, Texas, conve ed in _�% session on the �.� day of ��,4A� , 19at 7 oeOMM. , with the following persons present: Mayor: Councilmen: d16ur.� lJ 1�4� �-�C L•e.,, Ulce.� Absent: A quorum being present, came on to be read and considered Ordinance No./ 7( 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 Town of Westlake, 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 O�.which Mirried unanimously, the Town Council voted the passage of the Ordinance and to record same at length in these minutes.