HomeMy WebLinkAboutOrdinance - 279-1924 - Granting S.C.Arnett And His Successors A Franchise Permitting Rights - 12/11/1924ORDINANCE NO. 279
AN ORDINANCE GRANTING TO s. C. ARNETT AND HIS SUCCESSOR.'3 A FRANaiiSE PERMITTING
WE RIGHT TO FURNISH, DISTRIBUTE, AND SELL GAS FOR LIGHT, HEAT, POWER AND FOR
ANY OTHER PURPCSES FOR WfilcH SAME MAY BE USED IN THE CITY OF LUBBOCIC, TEXASJ
TO USE AND O<nJPY THE STREETS AND ALLEYS OF SAID CITY AND FOR THE PURPOSE OF
LAYING PIPES AND MAINS TO DISTRIBUTE SUCH GAS INCLUDING 'lHE EXCAVATION THEREOF,
AND THE MAINTENABCE OF SAME ACCORDING TO THE TERMS AND CONDITIONS AND SUBJECT
TO THE REGULATIONS SET OUT IN THIS ORDINANCE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXASt :
SECTION 1. That the right to furnish, distribute and sell gas for the light,
heat, power and such other purposes for which qas may be used in the City of
Lubbock, State of Texas, for a period of twenty (20) years from the date of
the passage and the approval of this ordinance is hereby granted to s. c. Arnett
his successors and assigns hereinafter designated as the Grantee, subject, howev r,
to other provisions hereinafter incorporated in this ordinance.
SECTION 2. That to this end and for the purposes of and to the conditiol\B as
set out in this Ordinance, the said grantee is here~ authorized and empowered
to establish, construct, maintain and operate in the City of Lubbock, Texas,
a system of mains, pipes and other necessary appliances for the furnishing
distribution, and selling of gas, and the use of the streets, alleys,
sidewalks, of the said City of Lubbock for a period of twenty years
from the date of the passage and publication of this Ordinance is here-
by granted his successors and assigns for the construction and maintenance
of mainpipes and other applianceG necessary for the distribution of said
gas, and for excavation necessary to lay said mains and pipes.
SECTION 3. That all excavations or trenches made in the streets, alleys
and pavements of said City under this grant shall be refilled as soon
as the pipes are laid so as to leave the streets, alleys, sidewalks and
pavements in as good condition as they were before such excavations or
trenches were made; and that suoh work shall be subject to the supervision
and inspection of such officers or committee as the said City may
appoint or designate, and assign to su.ch duty, and in this case the said
grantee, his successors or assigns, shall fail to make such refillings
at the expense of the grantee, his successors and assigns ~ the ·
acceptance of this Ordinance herepy agrees to pay.
SECTION 4. That all main offices shall be at least two feet below the
surface of the ground, and so lai4 as not to interfere in any manner
with the water mains or pipes or sewer lines of said City; and that the
connections with the said gas pipes or mains shall be at the expense
of the grantee, his successor assigns.
SECTION s. That the said Grantee, his successors of assigns shall be at
all times aftersaid plant has been established and in operation as herein
provided, prepared to furnish said City ~nd its inhabitants with good
. ' quality of gas for illumdnating, heating and other purposes for which it
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may be used and in sufficient quantities for all such purposes and us,.s;
which gas shall be furnished to said City at a price n9t to exceed tlie sum
of Twenty-five cents, and to the individual consumers and users thereof to be
furnished not to exceed the sum of Fifty cents for each one thousand feet
consumed or used. That all measurements shall be taken on standard meters,
. which meter shall be furnished and installed by the grantee, his successors
or assigns, and shall remain the property of the party furnishing same.
That the Above rates are to be subject to a discount of 51o is paid at
grantee's office on or before the lOth day of the month following that
in which said gas was furnished, provided that the minimum price to
individual users of gas shall be one dollar per month, all rates to be
per 1000 cubic feet.
SECTION 6. That the said grantee his successors and assigns shall, and by
the acceptance of this ordinance hereby agrees, to protect and save harmless
the said City against all damages that may arise from the negligence of said
Grantee, his agents, servants, the agents or servants of successors and
assigns, in constructing, operating a~d maintaining said gas system, and
Grantee, his successors and assigns immediately prior to beginning
the construction of any of such system in said' City Shall execute and
deliver a good and sufficient Bond in the penal sum of Ten ·Thousand and
no/100 ($10.00) dollars, signed by a surety company authorized to do
business in this state, which shall be recovered on in the event of any
injury to any person or property within this City, caused from 'any
construction, excavation, maintenance or repair to any of such system in
connection with the streets and alleys of the City or injury on account of
escaping gas which may escape within any street or alley, and to indemnify
the City against any expense which it may incur or have incurred in the
restoration of any street or alley to the proper condition, should the licensee
his successors or assigns, fail to immediately repa~r such street or alley
after laying any pipe or main, or their construction therein, and such Bond
shall not be void upon first recovery but shall be sufficient that at all times
to indemnify the City against any injury which might be recovered for in
connection with the operation of the streets and alleys and it is understood
that the giving of said Bond and the acceptance thereof by the City, shall
at no time, be, and is not, now a recognition of liability by the licensee
or the City for any injuries to be claimed @fter this date. It is fu~ther
provided that Mains shall not be laid on parallel streets, nor excavations
line left out is started on any street which is parallel and adjacent to
another street on which construction work is being done, that the work on
the first street shall be completed and the street restored to its former
condition. ·
SECTION 7. That said s. C. Arnett, his successors and assigns, shall adopt
and use any and all devices and safeguards which may from time to time be
designated or invested for the protection of persons against injury growing
out of the use of gas, and shall put and keep in good order, all mains, pipes,
and other apparatus used in said City ·'for the distribution of said gas, and
shall always be prepared to furnish to the said City and its inhabitants a
sufficient quantity and good quantity of gas for power, illuminating and
heating purposes.
SECTION 8. That after the said gas plant shall have been fully constructed,
equipp1~ and in operation as herein contemplated in said City, the said s. c.
Arnett, his successors or as~lqns, shall then fail to substantially comply
with any of the conditions herein, the said City of Lubbock shall have the
right by Ordinance duly passed therefor, to forfeit all the rights and
franchises herein granted to said grantee, his successors and assigns,
provided that the said City of Lubbock shall give to the said s. C. Arnett,
or to whom so ever then holding said franchise under the said s. C. Arnett,
ninety days notice in writing, specifying the conditions claimed to have been
biolated and giving a fUll and fair opportunity to be heard thereon, before
passing on such specified violations and finally declaring such forfeiture,
which notice shall fairly set out all of such specifications and shall be
given by the said City, and shall be signed by the City Secretary under the
seal of said City, after having been properly authorized by the Mayor and
Council of said City, provided further that the said s. C. Arnett, his successo s
or assigns shall have ninety days after receiving such notice in which to
rectify and correct suoh violations and to substantially comply with the
ter.ms and conditions of this Ordinance; should the violations of this
Ordinance so specified have been rectified and corrected and the terms and
conditions of this Ordinance fully complies with at the end of such ninety
days, then in such event the City shall have power to forfeit this
franchise on account of the violations specified in the said notice.
SECTION 9. It is specially provided that the said Licensee nor his successors
nor assigns shall at any time :charge, claim or receive a monthly rental
for any meter used in connection with the. furnishing of gas, but this shall
not forbid them from demanding and receiving the sum of $5.00 deposit or
guarantee of monthly payments, as they accrue. It is further provided that
when service has been discontinued and it is desired to re-connect up to such
premises, that no charge exceeding One Dollar shall be made for the re-connecti n
unless meter has been removed, in which event an additional charge of $1.00
may be added.
SECTiON 10. It is further provided that when the licensee has no main
lain to any property, that upon a guarantee in writing from the users connect!
with such property that they will within the space of twelve (12) months from
the time said main is laid to their property, connect thereto and use gas to
the gross price of One Tenth of the cost of laying such main and furnishing
the connections to their property lines, said licensee shall within ten days
begin the construction of pipes and mains to eupply said gas, and shall
complete the same within thirty days after such construction is started. And
that in connextion of users with such system they shall be connected in the
order of their application. It is further provided that as a charge
for the use of streets and alleys to conduct the business of the license that
an annual charge of fifty cents per year for eaoh user shall be paid, users
to be computed on the 31st day of December of each year, and payment to be
made to the City within twenty (20) days thereafter, that a wilful failure
to comply with the requirement for extensions sh«ll automatically forfeit lice ee
rights.
SECTION 11. That if the lioens~e shall not in good faith within two years aft
approval of this Ordinance begin the construction of said system within this
city, this Ordinance shall terminate and forfeit and no action of the City sha b
necessary to cancel this Ordinance.
SECTiON 12. That this Ordinance shall take effect and be in force from and
after its passage and approval as provided by law.
Read at a reqular meeting of the City Council on the 11th day of December A.D.
Read at a regular meeting of the City Council the day of 192
Passed and approved this day of A. D. 192 •
ATTEST:
J. R. Germany
City Secretary
F. R. Friend
Mayor, City of Lubbock
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