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Home My WebLink AboutORD 1064 - ORD Granting Entex Inc, and Successors andAssigns 1 at11 .. ORDINANCE NO. 1064 o AN ORDINANCE ,GRANTING ENTEX.; INC" 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 ATTACH~1ENTS AND ALL DESIRABLE INSTRU.,. MENTALITIES IN, UNDER; OVER, ACROSS AND ALONG ANY AND ALL, STREETS, ,.AVENUES, PARKWAYS, SQUARES, ALLEYS AND ALL OTHER PUBLIC PLACES IN THE CITY OF WEST ' , UNIVERSITY PLACE ,HARRIS COUNTY, TEXAS, FOR THE PORPOS.E: 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 MAY BE USED, TO THE MUNI C'IPALITY OF SAID CITY OF WEST UNIVERSITY PLACE , , TEXAS, AND ITS INHABITANTS AND OTHERS; PROVIDING ' CONDITI'ON$ CONTROLLING THE USE OF PUBLIC THOROUGH- FARES AND EXTENSIONS THEREIN ; ESTABLISHING STANDARDS OF SERVICE; PROVIDING FORA RENTAL OF THREE PERCENT (3%) OF THE GROSS RECEIPTS FROM THE SALE OF GAS FOR RESID~NTIAL AND SMALL COMMERCIAL PURPOSES, WITHIN THE CITY; ADOPTING THE PROVISIONS OF ARTICLE XX OF THE HOME RULE CHARTER OFIHE CITY OF WEST UNIVERSITY PLACE; REGULATING THE TRANSFER OF THIS FRANCHISE; PROVIDING FOR ACCEPTANCE; PROVIDING A SEVERABILITY CLAUSE ; MAKING f4ISCELLANEOUS PROVISIONS; AND RE- PEALING ALL ORDINANCES IN CONFLI CT HEREWITH. . . - - - ~ - - - -.. - . - -... - - ," n BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: D Section 1. The City of West University Place, Harris County, Texas, herein sometimes called "Grantor", does hereby grant unto Entex, Inc., its successors,and,ass;gns, herein called "Grantee", the right, privilege, and franchise to construct, lay, maintain, operate, use, extend, remove, replace andrepa i r in, under, over, across and along any and all of the present and future streets, avenues, parkways, squares, alleys, thoroughfares, roads, highways, s; dewa 1 ks, vi aducts, bri dges, streams, pub 1i c grounds, pub 1 i c pro- pert i es, and other publ;c p 1 aces~ of Gra,ntor, and in a 11 tracts, terri tori es and areas hereafter annexed to oracquiredby and placed within the corporate boundaries of Grantor, a system of pipes, pipelines, gas mains, laterals, conduits, feeders, regulators, meters, fixtures, connections, and attachments and other desirable instrumentalities and appurtenances, necessary or proper for the purpose of transporting, di stri buting, and supplying and sell ing gas (natural and/or artifical and/or mixed) for heating, lighting, power and for any other purposes for which gas may now or,hereafter be used, in and to sa i d Grantor and its inhabitants or any other person or persons wi thin or without the corporate boundaries of Grantor. Section 2. Grantee's ,property sh(illbe so constructed and maintained as not to interfere unreasonably with traffic over the pUblic thoroughfares of "'''-''-1'-.1','''1""''-''1 . 'tff' , ~ :$" ~.. .. "': ", ~ -" ,..... 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, con- structing, maintaining, operating, using, extending, removing, replacing, or repairing its piping system shall be restored immediately after the completion of the work in accordance with the provisions of "Article II - 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 main- tained 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.Whenev.errdeemed necessary by the City Com- mission it shall have the right to designate its, engineer or other person to superintend and supervise the refillihg~f said public roads, highways, streets or other public ways, the relaying or refilling of the sidewalks and pavements and all other repairs and,replacements of the pavements, sidewalks and other grounds so disturbed for the placement,of the piping system, all of which shall be at the expense, of the Grantee. Section 3. Grantee-at its own expense shall run or extend not more than one hundred (100) feet of main, not to exceed a maximum diameter of two (2) inches, to serve any person (as used herein IIperson" 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 thereoL Grantee shall not be required to run or extend any mai,n. a distance greater than than specified above to any person applying for, or demanding gas or gas service and/or additional gas or gas service unles~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 whi~h must necessarily be installed to comply with such application or,demand. Section .4. the se,rvice furnishedhereun.der ,to said Grantor and its inhabitants shall be first class ,in all res.pe~t5 considering, all 'ciT~um- stances and shall be subject to such reasonable r.ules and regulations as Grantee may make from'time to time. Grantee may require reasonable security .for the ,payment of i tsbill s. ' Section 5. In consideration ,of the rights and privileges herein granted, Grantee agrees to pay as rental to the Grantor~ annually during the , ,continuance ,of this franc,hise a sum of money equal to three percent (3%) of the,annual gross receipts of the precedingyear.received by the Grantee from the sale ofgast.o,residential and small,commerc.ial customers within the c.orporate,limits of,theCity of West University Place, Texas. -, o o On o,r before, the first day oJ March ,of each and every year begin- ning 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 0 such sale of gas to residential, and small commercial customers within the corporate liinitsof the City of West University Place, Texas, for the next 11 ~ 'I II I'M 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 grossrecei pts. Upon recei pt of the above amount of money, the City Secretary shall deliver to the'Grantee a receipt for such amount. . , , Upon request of'1he'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 'alleyrentcil or other character of charge for use and occupance :for the streets, a 11 eys and , public places in the City of West 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 any- wise interfere with collection thereof. Any special taxes, rentals or other charges, however 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) shall, when paid to Grantor, be credited to the amount owed'by Grantee under the terms of thi s franchi se. 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' orassfgns, andshall.refund :to 'Grantor 'a'll 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 abuse thereof, and Grantee, its successors and assigns, shalT indemnify and ho 1 d the Grantor harml ess" from and on account of all damages, costs, ex- penses, 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 privileges hereby granted, or of the abuse thereof. Section 7. Notfting 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 8. This franchise shall be ,subject to the currently effecti:Ve--: provisions of Article XX of the Home Rule Charter of the City of West Uni- versity Place, but only to the extent that sljch 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. Section 9. This franchise is for the sole use and benefit of Entex, Inc., its successors and assigns, and 1S not transferable directly or in- directly unless Grantee notifies the City Commission in writing within thirty ~' .~l, ~t.-~,,~:PJ (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 IIGranteeU when used herein refers to 'Entex Inc., its fll successors and assigns. ~ Section 10. ' All ordinances and parts of ordinances in conflict herewith are hereby repealed as of the date this franchise becomes ef- -fective, inc'luding but not'by way oflimitatiori, the franchise pre- viously grantedto'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 aft~r final adoption of this ordinance, provided Grantee files a written accep,tarice 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 phras,e\ of this' ordinance is for any reason held to be unconstitutional, void, or inxalid (or for any reason unenforceable), the validity of the re- maining portions of thisordi'nance shall not be affected thereby, it being the intent of the Grantor in adopting this ordinance that no portion here- of provision or regulation contained herein shall become inoperative of fail by reason of any un'constitutionality or invalidity of any other portion, provision or regulation, and to this end, all provisions of this ordinance are declared-to beseverable~ , , Passed and approved on first reading by a majority of the entire 01 City Commission on this, 24th day of Mav. 1976." .. Passed and approved on second reading,bya majority of the entire City Commission On this '14th~of June. 1976. Authenticated: @~f2 cO fJ)aL4f ' , , ,'Mayo r ' Attest: ~~~~ City Secretary , , lJ ~~ .JOW1t , . [l THE STATE OF TEXAS ) ') " , COUNTY OF HARRIS ) I, ;(; ~.1 rX'~--AJ"I:iA<<-: ~ the duly appointed,qlialified, and actiligCity Secretary of the' City of West University Place, Texas, hereby certify that the above and foregoing 'ordinance granting 'to Entex, Inc.. a twenty...five (25) year gas distribution franchise was passed and adopted by a majority'of the entire City Commission at three (3) regular meetings ,as follows: ' , First meeting - held on the 14th day of June, 1976; written notice of the date, hour, place and subject matter of said meeting as posted for at least seventy-two (72) hours preceding the scheduled time of said meet- ing on a bulletin board located in a place in the City Hall wli1ich is con- venient 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 [:) , , , i , I Mayor Pro Tem Mary Ann Binig Aye Commissioner Philip Dunn Aye Commissioner Rufus Stanley Aye Commissioner J. B. Thompson Aye Second meeting - held on the I~~ day of ' a~ ' 1976; written notice of the date, hour, place and sUbjeC'fl'atter of said meeting was posted for at least seventy-two (72) hours preceding the schedule time of said meeting on a bulletin board located ina 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 Pro Tem Mary Ann Binig Commissioner Philip Dunn Commissioner Rufus Stanley Commissioner J. B. Thompson Aye Aye Aye Aye ~ ~ Third meeting - held on the 26th day ~ 1976; written notice of the date, hour, place and subject matter 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 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: . ,... .-t!. .... . .".~ .. J....... L 1;~~ ~ Mayor Paul Wallin, Jr. Commissioner Mary Ann Binig Commissioner Philip Dunn Commissioner J. B. Thompson - -: Vote Aye No Aye' Aye o Said ordinance has been authenticated by the signature of the Mayor and the 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 27thday of ~ 1976. (SEAL) , To the City of West University Place, Texas: ~lf~ City Secretary of the City of West University Place, Texas o 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. ENTEX, INC. By DATED the day of , Vi ce Pres i dent , 1976. u t8' n ~I THE STATE OF TEXAS ) ') COUNTY OF HARRIS ) '~,~~ City Secretary of the City of West University Place, Texas (SEAL) [J