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HomeMy WebLinkAboutORD 1064 - Relating to Entex franchise agreementi VTLJILI<llyy L.V AN ORDINANCE GRANTING EUTEX,-2.1:]C...,- -ITS,- •SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE AND FRANCHISE, FOR A PERIOD OF TWENTY FIVE (25) YEARS TO CONSTRUCT, LAY, MAINTAIN, OPERATE, EXTEND, REMOVE, REPLACE AND REPAIR A SYSTEM OF PIPE LINES, GAS MAINS, LAT- ERALS AND ATTACHMENTS AND ALL DESIRABLF, INSTRU- IMENTALITIES IN, UNDER, OVER, ACROSS AND ALONG ANY AND ALL STREETS, AVENUES, PARKWAYS, SQUARES, ALLEYS AND ALL OTHER PUBLIC PLACES 1N THE CITY OF WEST UNIVERSITY PLACE, HARRIS COUNTY, T -ERAS, ]"OR THE PURPOSE OF TRANSPORTING, DISTRIBUTING, SUPPLYING AND SELLING GAS (NATURAL AND /OR ARTIFICIAL AND /OR MIXED) FOR HEATING, LIGHTING, POWER AND FOR ALL OTHER PURPOSES FOR WHICH GAS 1,1AY BE USED, TO THE MUNICIPALITY OF SAID CITY OF WEST UNIVERSITY PLACE, TEXAS, AND ITS INHABITANTS AND OTHERS; PROVIDING CONDITIONS CONTROLLING THE USE OF PUBLIC THOROUGH - FARES AND EXTENSIONS THEREIN; ESTABLISHING STANDARDS OF SERVICE; PROVIDING FOR A RENTAL OF THREE PERCENT (.3Q) OF THE CROSS RECEIPTS FROM THE SALE OF GAS FOR RESIDENTIAL AND SMALL C0; J,IERCIAL PURPOSES WITHIN THE CITY; ADOPTING THE PROVISIONS OF ARTICLE XX OF THE HORSE RULE CHARTER OF THE CITY OF WEST UNIVERSITY PLACE; REGULATING THE TRANSFER OF THIS FRANCHISE; PROVIDING FOR ACCEPTANCE; PROVIDING A SEVERABILITY CLAUSE; 1 AKING MISCEI.,LANEOUS PROVISIONS; AND RE- PEALING ALL ORDINANCES IN CONFLICT HEREWITH. BE IT ORDAINED BY THE CITY CO,'- IMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. The City of west University Place, Harris County, Texas, herein sometimes called "Grantor ", does hereby grant unto Entex, Inc., its successors and assigns, herein called "Grantee ", the right, privilege, and franchise to con- struct, lay, maintain, operate, use, extend, remove, replace and repair in, under, over, across and along any and all of the present and future streets, avenues, parkways, squares, alleys, thoroughfares, roads, highways, sidewalks, viaducts, bridges, streams, public grounds, public properties, and other public places of Grantor, and in all tracts, territories and areas hereafter annexed to or acquired by and placed within the corporate boundaries of Grantor, a system of pipes, pipe lines, gas mains, laterals, conduits, feeders, regulators, 1 meters, fixtures, connections, and attachments and other desirable instrumentalities and appurtenances necessary or proper for the purpose of transporting, distributing, and supplying and selling gas (natural and /or artificial and /or mixed) for heating, lighting, power and for any other pur- poses for which gas may now or hereafter be used, in and to said Grantor and its inhabitants or any other person or per- sons witM:, or without the corporate boundaries of Grantor. Section 2. Grantee's property shall be so constructed and maintained as not to interfere unreasonably with traffic over the public thoroughfares of Grantor and the same shall be laid in accordance with the lines and grades established by Grantor. The surface of any public road, highway, streets, lanes, alleys, or other public place disturbed by Grantee in laying, constructing, maintaining, operating, using, extend- ing, removing, replacing, or repairing its piping system shall be restored immediately after the completion of the work in accordance with the provisions of "Article IT - Excavations" (Sections 20 -18 through 20 -24) of the Grantor's Code of Ordinances, as said Article may be amended from time to time, and maintained to the satisfaction of the Mayor or his delegate for one (1) year from the date of completion of said work, after which time responsibility for the maintenance shall become the duty of the Grantor. In all cases where work requires the exercise of skill as in the laying or relaying of pavement or sidewalks, the Grantee shall employ skilled workmen familiar with the execution of such work. Whenever deemed necessary by the City Commission it shall have the right to designate its engineer or other person to superintend and supervise the refilling of said public roads, highways, streets or other public ways, the relaying or refilling of the sidewalks and and pavements and all other repairs and replacements of the pavements, sidewalks and other grouz►ds so disturbed for the placement of the piping system, all of which shall be at the expense of the Grantee. - 2 - Section 3. Grantee at its own expense shall run or ex- tend not more than one hundred (100) feet of main, not to ex- ceed a maximum diameter of two (2) inches, to serve any person (as used herein "person" shall include any natural person, firm, association, individual, or corporation) applying for or demanding gas or gas service and /or additional gas or gas service. Grantee shall extend all necessary service lines and yard lines from its mains and may require.. reimbursement for the reasonable cost thereof. Grantee shall not be re- quired to run or extend any main a distance greater than that specified above to any person applying for or demanding gas or gas service and /or additional gas or gas service un]_ess the probable expected use of such gas or gas service by such person will provide to Grantee a reasonable and compensatory return or income on the value of the additional main and other equipment which must necessarily be installed to com- ply with such application or demand. Section 4. The service furnished hereunder to said Grantor and its inhabitants shall be first class in all re- spects'considering all circumstances and shall be subject to such reasonable rules and regulations as Grantee may make from time to time. Grantee may require reasonable security for the payment of its bills. Section 5. In consideration of the rights and privi- leges herein granted, Grantee agrees to pay as rental to the Grantor, annually during the continuance of this franchise a sum of money equal to three percent (30)^ of the annual gross receipts of the preceding year received by the Grantee from the sale of gas to residential and small commercial cus- tomers within the corporate limits of the City of West University Place, Texas. - 3 - On or before the first day of March of each and every year beginning with the first day of March, 1977, Grantee shall file with the City Secretary of the Grantor a sworn report showing the gross receipts from such sale of gas to residential and small commercial customers within the cor- porate limits of the City of blest University Place, Texas, for the next preceding calendar year ending December 31st. At the same time the Grantee shall pay to the Grantor the sum of money equal to three percent (3%) of such annual gross receipts. Upon receipt of the above amount of money, the City Secretary shall deliver to the Grantee a receipt for such amount. Upon request of the City Commission of the City of West University Place, Texas, Grantee shall present to it any and all records, accounts and books for inspection relative to the gross receipts of Grantee within the corporate limits of the City of West University Place, Texas. The consideration hereinabove set forth shall be paid and received in lieu of any license, charge, fee, street or alley rental or other character of charge for use and occu- pancy for the streets, alleys and public places in the City of I -lest University Place, Texas, and in lieu of any pipe tax or inspection fee or tax, but shall not in anywise incur or diminish Grantee's obligation to pay the Grantor ad valorem taxes or anywise interfere with collection thereof. Any special taxes, rentals or'other charges, hoJaver designated, for the use by Grantee of Grantor's streets, alleys and other public ways and places, accruing after the effective date of this franchise under the terms of any pre- existing or subsequently enacted ordinance (of either general application or application only to Grantee) small, when paid to Grantor, be credited to the amount owed by Grantee 'Under the terms of this franchise. - 4 - Section 6. Grantee, its successors and assigns, shall protect and hold Grantor harmless against all claims for damages or demands for damages to any person or property by reason of the construction and maintenance of its natural gas distribution system, or in any way growing out of the granting of this franchise, either directly or indirectly, or by reason of any act, negligence, or nonfeasance of the contractors, agents, or employees of Grantee, its successors or assigns, and shall refund to Grantor all sums which it may be adjudged to pay on any such claim, or which may arise or grow out of the exercise of the rights and privileges hereby granted, or by the amuse thereof, and Grantee, 1.t-.s successors and assigns, shall inderrnnify and hold the Grantor harmless from and on account of all damages, costs, expenses, actions and causes of action that may accrue to or be brought by any person, persons, company or companies at any time hereafter by reason of the exercise of the rights and priveleges hereby granted, or of the abuse thereof. Section 7. Nothing herein contained shall ever be held or considered as conferring upon Grantee and its successors and assigns any exclusive rights or privileges of any nature whatsoever. Section S. This franchise shall be subject to the cur- rently effective provisions of Article XX of the Home Rule Charter of the City of ldest University Place,, but only to the extent that such Charter provisions are not inconsistent With the provisions of the Texas Public Utility Regulatory Act of 1975 (as amended from time to time) , the Rules and Regulations of the Railroad Commission of Texas, and other applicable laws, rules and regulations. - 5 - section 9, This franchise is for the sole use and benefit of Entex, Inc., its successors and assigns, and is not transferable directly or indirectly unless Grantee notifies the City Commission in writing within thirty (30) days following the effective date of such transfer. Change of name by Grantee shall not be deemed to be a transfer within the meaning of this Section. The word "Grantee" when used herein refers to Entex Inc., its successors and assigns. Section 10. All ordinances and parts of ordinances in conflict herewith are hereby repealed as of the date this franchise becomes effective, including but not by way of limitation, the franchise previously granted to Houston Natural Gas Corporation by ordinance passed July 6, 1926. Section 11. This franchise shall take effect and continue and remain in effect for a period ending July 6, 2001 and commencing sixty (60) days after final adoption of this ordinance, provided Grantee files a written acceptance of this franchise with Grantor within thirty (30) days after final adoption of this ordinance. Section 12. If any provision, section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be unconstitutional, void, or invalid (or for any reason unenforceable), the validity of the remaining portions of this ordinance shall not be affected thereby, it being the intent of the Grantor in adopting this ordinance that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality or invalidity of any other portion, Provision or regulation, and to this end, all provisions of this ordinance are declared to be severable. Passed and approved on first reading by a majority of the entire City Commission on this day of Q 1976. - 6 - Passed and approVed on second reading by a majority of the entire City Commission on this day of 1976. Finally passed and adopted on third and .final reading by a majority of the entire City Commission on this 2-L-4 day of 1976. Authenticated: Gi MAYOR CITY SECRETARY ---- - 7 - THE STATE OF TEXAS ] ] COUNTY OF HARRIS ] '_, the duly appointed uali- fi.ed, an acting City SecreL-ary of the City of West University Place, Texas, hereby certify that the above and foregoing ordinance granting to Entex, Inc, a the r " .year gas dis- tribution franchise was passed and adopted y a majority of the entire City Commission at three (3) regular meetings as follows: First meeting - held on the 4 day of -11 1976; written notice of the date, hour, place and s ter of said meeting as ject mat- ter posted for at least seventy - -wo (72) hours preceding the scheduled time of said meeting on a bulletin board located in a place in the City Hall which is convenient and readily accessible to the general public at all times; the following members of the City Commission were present throughout said meeting and voted on the foregoing ordinance as follows: Name Vote Mayor LO, Commi ssioner e Commissioner X� L� Lp Commissioner � Commissioner Second meeting - held on the / A day of y 1976; written notice of the date, hour, place an subject mat- ter of said meeting was posted for at least seventy -two (72) hours preceding the scheduled time of said meeting on a bulletin board located in a place in the City H611 which is convenient and readily accessible to the general public at all times; the following members of the City Commission were present throughout said meeting and voted on the foregoing ordinance as follows: Name Cote Mayo COFMI, issioner Commissioner Commissioner �J Commissioner -a Third meeting - held on the a�.cQ day of 1976; written notice of the date hour, ' ter of said meeting was place Jitu—b �ect at _ hours preceding the scheduled time of said tmeeting yon57a (7 Z) bulletin board located in a place in the City Hall which is convenient and readily accessible to the general public at all times; the following members of the City Commission were present throughout said meeting and voted on the foregoing ordinance as follows: Name Vote Mayor Commissioner Commissioner X-� Commissioner Commissioner Said ordinance has been authenticated by the signature of the Mayor and City Secretary and duly recorded in the book of ordinances for the City of West University Place, Texas. EXECUTED under my hand and the official seal of the City of West University Place, Texas, at said City, this day of 1976. City Secretary o£ the City of West University Place, Texas (SEAT,) To the City of West University Place, Texas: Entex, Inc., for itself, its successors and assigns, hereby accepts the above and foregoing ordinance and agrees to be bound by all of its terms and provisions. ENTER, INC. By Vice President.` DA -rED the day of .c c. ^� 1976. -. 9 - THE STATE OF TEXAS ] COUNTY OF HARRIS ] 1, the duly appointed, qualified and acting City Secretary of the City of i•lest University Place, Texas, do hereby certify that the above and foregoing Acceptance was received and filed in the office of the City Secretary of the City of Igest University Place, Texas, on the of CL "_ , 1976. &J EXECUTED under my hand and the official seal of the Caty of West University Place, Texas, at said City, this _ _ day of , 1976. a (SEAS,) THE STATE OF TEXAS COUNTY OF HARRIS - - - -y City Secretary of the � _ "- City of ,lest University Place, Texas I, the duly appointed, qualified and acting Assistant City Secretary of the City of West University Place, Texas, do hereby certify that the foregoing instrument is a true and correct copy of that Ordinance No. 1064 finally passed and adopted on the 26th day of July, 1976. EXECUTED under my hand and the official seal of the City of Wes University Place, Texas, on the day of 1976. (SEAL) -: AsPest t City Secretary of e City of University Place, Texas - 10 -