HomeMy WebLinkAboutOrdinance - 380-1927 - Granting Franchise To West Texas Gas Co. Establishing Rules And Regulations. - 07/08/1927t r , ' ORDINUCE NO. 380 BE IT ~DAINED BY THE CITY OF LUBBOCK• . , ~ ORDINANCE GRANTING A FRANCHISE AND CERTAIN PRIVILIDES TO THE WEST TEXAS GAS COMPANY ( A CORPCRATION, WITH I'l'S ffiIWIPAL CFFICE IN THE CITY OF AWJUU.O, POTT.ER COUNTY, TEXAS), AND ESTA.BUSHING RULES AND RliX}utATI0NS FCR THE USE OF NATURAL GAS FOR LIGHT, HEAT AND POWER, AND ESTABLISHING A MAXIMUM LIMIT FOR PRICE TD BE CHARGED Fc.R SUCH OAS. WHEREAS,. West Texas Gas Company ( a--:corport.ion) has applied to the Ma7or and Citq Commission ot the City o! Lubbock, Texas, tog-ant said company tne right to lay and main-tain and operate a gas plant for the distribution of natural gas tor light, heat and power within the City of Lubbock, Texas, upon the following terms am conditicos, and reservatiou, .. such rights ani franchises to be as follows to-wit 1 SEXlTI0N l. That the right t0 furnish, distribute and sell natural gas tor light, heat ard power, for all such other purposes far which gas ma.;r be used within the Cityl ,,t Lubbock, Texas,· for a period of twenty years from the date of the passage and a.~proval of this ordinanc·e is hereby granted to the West Texas Gas Company ( a corporation), its auocessors and assigns, hereinafter called the grantee, subject, however, to the provisions hereinafter incorporated in this ordinance and for suoh additior.al period or extensions of time as may at the expiration ot the said terl!1 ot years, and upon oonditicas then found to be satisfactary to the officials 0£ the Cit7 of Lubbock, and to this grantee, and provided that this ordinance ard franchise is to be in effect and run from and after the date and dW of its passage and approval. SEI:TION 2. That the said grantee is to have the right to l&T nains, pipes and equipment, and to construct such buildings and install such machinery or equipment, and to sell or lease such equipment to the citizens or Lubbock., Texas,as may be necessar7 or advisable in their judgment for the proper performance of the service to be rendered to the City ot Lubbock, and to its citizens and inhabitants to the best interest of the gas consumers and to ha-ve # at all ti.mes, access to the streets ,ind alleys of said City for the purpose ot laying such mains, plpee and equipment as ma:r be needed from time to time during the term or this i"ranchise., or an7 extension thereof# prQvided, that at no time shall the grantee obstruct such streets or alleys so as to interfere with the public use thereof for a period longer than twen1iy-four bout's, and that immediateq web mains, pipes or equipment is l.aid and. tested same shall be covered and such streets or alleys shall be replaced in the same or as good condition as before such work was done. All excavations to be properly guarded by barriers by da,,y and b;r red lights at nigpt, and the said gr~tee ehall hold the said City of Lubbock harmless from any and all damages to pereons -or property resulting from their negligence in the aanner of eonstruct-ing such distributing plant or system and guarding the same while under construction, b;r a good and '#ftf'.ticient bond executed bT the grantee and some reputable surety company · permitted to do business in the State or Texas, in the penal sum ot 'l'went.7-Five Thousand Dollars (825,000.,00). The work done in connection with the construction, maintenance and operation of said pl.ant and transmission., transportation and distributing system, aDi the location or regulating stations, vent pipes therefor, gate valves, gauges, stock boxes, manholes, low, intermediate and hi(jl pressure mains)s pipes, i'eed,ers, service pipes and conduits, and 1!18rvice pipe exteneions and all appurtenances in the streets, higbwqs, alleys and other public places in the City shall be subject to and governed by the regulations, rules and ordinances now in force or that may be thereafter lawfully adppted.
.. l I "' SECTION 3. That all mains shall be laid at least two ( 2) feet below tbe surface or the ground, and so laid as not to interfere in any' manner with water mains or pipes or sewer lines of said City, or pipes or conduits or other utiilities already installed.J and that the connec-tions 1d, th· the gas mains and pipes etiall be placed ard laid to the property line or the consWDl9r at the expense of the grantee. That the grantee shall not be required to extend ma.in lines more than one hundred and t:tfty { 150) feet to any one conswner. SIDTION 4. 'that said gi,antee shall at all times after said gas distribution e,atem has been established ~nd placed in operation, be prepared to furnish said Cit:, am its inhabitants with a good quality-of gas for light., heat and. power, and other purposes, and said grantee shall furnish such gas ·for all purposes for which eame 'SJ.BY be ueed in sufficient quantities to supply the needs •cf the said Cit;r and its citizens. The said gas shall be furnished to said City-and its inhabitants for domestic use at a net price not to exceed sixty-seven a,nd one half fqi) cents per thousand cubic feet tor all gas used; provided however, that gas used tor heating public bUildinga, churches, hotels and apart.men ts shall be eold at the f'ollowitlg rates: Far the fil"st 50,000 cubic feet used per month 67½ cents per 11 For the next 100,000 cubic feet used per month 50 cents per M For all used in excess of 150,000 cubic feet per month 40 cents per M That the ma1c:hmun rates far industrial gas shall not &xceed the rates set out 1n the following schedule: For the f'irst 50,000 cubic feet used per month 45 cents per M For the next 150;000 cubic teet used per month 35 cents per M For the next 300,000 cubic !eet used per month 30 cents per M For the next .500,')00 cu.bic feet used per month 25 cents per M For the next 10,000,000 cu.. ft. used per month 22~ents per M For the next zo,000,000 cu. ft. used per month 20 cents per M For the next 29.,000,000 cu. ft. used per month .18 cents per M For the next 60,0001000 cu. ft. used per month 16~ents per M for the next lZ0,OO0,OOOcu. ft. used per month 15 cents per M That all abo!e rates are to be charged for gas used through one meter only. That all bills shall be due and payable monthly, and within ten days from date rendered, and 1n case et default or non-payment within said time, the grantite shall have the right to discontinue service to said consumer, and to make an ad,d1tional charge for the ~as used for any purpose equal to one-ninth (1/9) ot the bill rendered. And in case said consumer shall make appil.ication to have services re-established and gas re-connected trith bis premilses, he eball be required to pay all delinquent. bills, together 'Kith the penaltT thereto, am tc pay a cut on charge not to exeeed $1.50 tor domeatic use and heating purposes, and 4~2.50 for iaiustrial use. It ls further provided that the grantee s~al.l be allowed to make a minimum chal"g~f $1;·50 per m0nth fot' gas for domestic and heating aervioe and $25.00 per month tor ~dustl"ial gas aervioe. All gas .f'urnbhed or supp1tsd by grantee ehal+ be 111etered, and fer this purpoee the grantee sha:11, at its own cost and ex.paise, provide and install for each consumer a good and acoUl"ate meter ot standard make. to be approved by the City 0ommiasion, am w~en grantee reads its metere tci determine the amount o! gaa furnished each month, a copy of such read-ill2 shall be left with or at the r esidenoe of place of ble1nees of the oonsw1u,r. Grantee ""
{ ·7 eh.all aleo proVide and nai.nt~in:at its proper coJt. and exJM(lee tacilitlea tor ~eating sa• meter•~ t.o be t,o tM eat.iafaot1on at e.nd apprond by th• Cit,:, Comud.eaion a1'd aa14 gt'antee Jhall also p?'OV1d$ and ma•intain. at it• proper ~oat and e,xpenee a ataMaS"d ,,met.e,tt" pi-over ot not leas than tive oubic teet eapacit.7, to select.et! b;r the City CommiH:loY), equipped with suitable thennomet.era ,m other neaeesa.J"y acoeaaories Wlich shall be atn-tailled. to the ace,1.>ted stia?ldard-ot accuracy, all to b• to the e•tietu.ction and a_pproved · by the Oit-7 Oomnd.ealon. Such at.re ehall be 8114 r~main tho property ot the said grantee,,, and the gran\ee ehall have t.ho J"1ght. to nquire t.he ~•i<it•r or 001u1WD11" to de,poai t with 1-t a sum equ.al to tbe maximum monthly bill ot the consumtr, Pl"Ovided, however, that IIOJ.J\iGPo8it. ehall be in an leas ~ t.b.an &10.00 tor clomeatie rnet•r, oNld &15.00 tor industrial mate!". &f«:TIOO S. The natural c•• to be furnished berow:der shall bt at &l.l ti•• kept to a .tandar4 ot eight hundred ~1t16h t.hennal heat unita or higher pjlX' cubic toot at the point. ot con-aumpt.ion, at a temperature of thiJ"ty-\w degi-eee faht>enlleit, or eero lentigs'a.ddJ and. to determine whether the gas supplied is ot the beat.itng value above speoi.f!ect, the City of' Lubboek, .may have t~u1ts made by • co11petent. a1Jalyst under the r,eognt~•Cl and sc1entif1c 1 prootae•a, aocoz,,din.g tc the approved. method or making suoh teatte, and ea14 to,ts shall be i"l-ol'JI samples of gaa oollected tz.om the gra11t.••'• aina at •D1 point @ -points '\Id.thin the Oit-,. It tbe l"eeult ot r,uch teats &bow that during a month the daily •vorage ot the gu mppliod waa below eight hundred Bftitieb termal. beat units, then t.bere shall be doducted trom the oueto•r•e b1ll~ tor gae du.ring such month a propol"tionate a'hi-l~•• baaed upon th• , defioieno7 below said eight 'huq.dred British thvmal beat wits. In any month when such · teats are being 111ade, the cit.y aba.ll a.dviae th• eran~• ot the Nriult of each test Wit.bin a reasonable ti• alt.or it. til made, aael tho offtoial report ot such anai,.t-, ot wh1ch sud ; grantee 11 •o ad.vised, shall, ba taken and a~ciepted. •• tJie &gPeed prS.. taoS.e correct test. ot the heating valuo o-r the i•• f\lmiehed du.ring eucb month and t.berelo.llt~ until a. diffel"en.t result 1a de~ned or aace1''Mined in a oimilar manner; eaid grantee shnll t\arm.sh..1> gaa to oono\Ul19ra at A preesure of not leas than t'ou-r oUlloes, nor great..a ta.an eight ounoes. mea,urod at the eaneumer•' meters outlet. Sa4d gran"t.•• eha.ll eupply and irlttel_l not ••e t.bati toUl'", and as mny fl& mtqbe needed approved aelt-~epatering i;,r-eseve And gas ,gaqea capable of reoord~ the i:r•eaure of the $8&, in the mains at poi•J.t11 1n the oit-y deaigAated by tbe City COlllliss1on, and .&aid selt-regieteriag preasu.re gauges i!Jhttl.l be placed at station• 'Nbich, in th• opit.tion ot the City: COIQ!Di.saion, ta1Z"l7 Npresent t.btt preoBU"re an adjacent ~ritorya and auch atation aball be seovel7 inqlosed under ·look•• and duplicat.e ket• to eaid •-u,t1ona shall be retrwteci by-the Cit1" Jlf.-,.ger,. Ol" some, oftioer autborited by t.hf City Co-1.aeion; and such ••lf-regiater:lng pr HeuN ga•· gaug~a lhall 'btt eqqped w.U,h reiuovable reoording dial• t.o reoord the ~eeaure, a'D.d the aaid City Manager, or nme repr,sentative aut.horiaed b7 tbe City Comm.ae1c>n, ehall o&use to be removed or remove from said pn.eoure gauge• \he preee.ure record11 of the preceding period, and proVide the gaugee Id.th recording blanks tor then~ period during wiich suoh reeord 1a desired by the Oit;n and each record taken trom such iresaure gauger, oball ~ fil~d 1n the ofltio• ot t.he 01.t.7 Seoretary of the 01t1 at 'Lubbock, and a r•oord thereafter be enteNd u:pon_ the books of the· City SeoretaryJ and the said City Manger., or sea repreaent.atiw authorised by said C:1.t.y Comiseion, lball keep aelt-recordtng dia.le in said F•seul"e g&\lpS oenM.nuoualy t0r 4 mont.h, or aa otten ae is re-quired by the Cit.y CODtd.sfd.onJ and thQ aaid pus• reocrd and tbe aaid book r.ocx-d. shall each 'be competent and prima tucie proor ot the preeaure at the point. •t., ,-biob euoh record wa, made at the time ae shown by eaid. gauge record ..
f • l Each consumer of gas shall install and maintain suitable piping within his propert7 lines and suitable appiiances and fixtures, except meters, subject to the approval of the Cit7 Commission:, or such supervisor, inspector or other representative as may be authorized by said City Commission to pass upon the same. SECTION 6. The City reserves the right to lay and permit to be laid electric oonduite, water and other pipe lines or-cables, and to do and permit to be done any underground work that may be deemed necessary or proper by the City Comniaeion, in, across, along or under any street,alley, highway, or other public place occupied by the'grantee; and whenever, b7 , reason of changes in the grade of any streets, or in the location or manner of constructing any-water pipes, electric conduits, sewers or other underground structure, it shall be deemed necessary by the City Commission to alter, change, adapt 6r confonn gas mains and service pipes of grantee, such alterations or changes shall be made by the grantee when orderec in writing by the C~ty Commission or any supervisor or o'ther representative of the City-Commission so authorized to act, without any claim for reimbursement for danages against the City; said grantee shall indemnify and save harmless the City of Lubbock from any-and all cla:iJ: tor injury or dame.gas to persons or property occasioned by or arising out bf the construction, maintenance, o.peration or repair of aa~ grantee1s transmission, transporiAtion and distribut-ing system, ard. by the conduct of' the business in the C_ity. Section 7• The right to use the streets., alleys, highways or other public ways or places of the City-of Lubbock by the grantee, as provided in Section 21 above, aeall be and is subject to the following restrictions, limitations and oonditions,viz: that _in building additional mains or lines of pipe, said grantee shall build and construct the same along and under the. alleyways, where alleys exist, rather than along and under streets, and shall only use the streets for same insofar as may be necessary in connecting from one alley to another; and said mains and pipe line shall be so ladd that the top of said main or pipe line shall be placed below the surface of the street or alley an:1 so as to protect all paving, wire " cables, water pipes, underground. wires oi, ,13ewer laterals, and shall b& so ~onstructed and located with reference to water lines and sewer mama as not. to interfere 'tJlerewith, and under the direction and to the satisfaction of the Cit~ Commission or the City Engineer. Sect:l.en 84 That the City Commission hereby-reserves ·the right to install at the point whore said grantee receives ite gas far distribution in the city a meter through which all gas distribute( to the City and its inhabitants shall be passed, an adequate seli'-regietering pressure guage adequate to record the amount or gas distributed to. tb,e City ar1d its inhabitants and the pressui,e at which the same was received by the grantee. Said ~AR-tee shall also supply and insta11 one distant pressure guage urider the direction of'7City Commission and at the place designated by the City Comnisaion,·which will indicate the pressure at such designated point, said guage to be placed in the City Hall in the office of the City Engineer. Section 9. That said grantee shall make, l~Ot oftener than each six months, reports to the City of Lubbock, under oath or the President, Treasurer or Superintendent of such eompan;r, showing the gross amount received from the business done within the city in payment of char8es of gas for the six months next preoeding. Section 10 That after the said gas distribution system shall have been tully' constructed, equipped and in operation as herein provided in the City of Lubbock if the said grantee shall then fa.il to substantially comply with the oonditione of the franchise. the City of Lubbock shall
.. . • f herein granted to the said grant.ea, provided that th9 City ot Lubbock ehall give the said grant.••• ite auoceaeora and aseigna, sixty (60) daye' ootioe in writing, apecit71n& the cond• it1ons claimed to have been violatod, $1¥1 giving full and fair opport\lnity to ba heard thereon before deol.ving ~Qb~ tGrteiture, which no~ice shall fairly and fully set out all of the oonclit.1.ona claimed and complained or and shall be given by the said Cit7 and shall be sf8ned by the City Secrotary under the seal of eaid City, after having been properi,-authorized by the Mayor and City ComiHion ot the Ba:1d City~ provided, however, that the said grantee shill have sixty (60) da1'9 after receiving suoh notice in which to reo:t.if7 and cor1~eot auch viola ti one arn to subatantiall7 oompl.7 with the terms and condi ti one of th• ordinance J ohould. the violatione ot tbia ordinance so complainad of not have been recti-fied and ogrrected and the ~•rms ai'ld. conditions Qf' this ordinance f\lll.7 complied with at the end or eaid sixty (60) <Saye, then, and in that event the City ahall haTe the power t.o tcrteit this franohiae on account ot tho violationa aP,ecitiod. in eaid no~oe. that in case of forfeiture es herein })I"Ovid.ed, the Cit7 Qt Lubbock resorvee the risbt to purobase the diatributin,g plant ot tbe erantee at it.a tat~ apprJillJed value or to allow the gl"antee to re1110ve SUII within me year £rorn the d~te or euch forfeiture, prov1C;ied, that before any of said propert.1 may b• removed, the grantee shall 'be required to gi. vo to the cit7 a good and ·sutricient,bopq that the street• aild alleys will be pl.&oea and lett in as good condition&$ £pund. . For each and &very breach or violation ot &n7 of the provis tone ot tbia orclJn,ance b7 th~,trantea, it 1hall be liable to a penalt,-or Twen»-tive Dollars to be reoovefed in any court of c~et.ent jurisdiction by suit, of any J)ftrson, firm or corporo.ticn· injured or damaged by such breach OP violation; and if th• br~aoh or violation shall be a continuous one., each day during "1ich such breach or violation oont.inuee shall be deemed a separate broach or vi~}latic.m and a separate ground ot reoove17 a~in•t the grantee. Section ll. That in turther consi.del"ation ot the privilege, and lnancbiee granted to the \'Jeot Texa1 Gas Compnay, it shall adopt ~d use any and all reaoonable aateguarda to provide for the prot.oction of persons or property against injury-or damge growing out of the use ot gas and tl\at they shall construct and maintain in good order al:l7m1tml, pipes &1d equi\)illent used in said Cit¥ for the distributing of gas, and shall always be prepar-ed to turrtteh said Cit7 snd its inhabitants a sufficient quantity of gas for all purpoaee; provided, however, that in case·ot explosion or uccidente of any ohal'aoter or nature beyond the control Dt grantee, to the main lines or to tho diotributing &)"'stem provided herein, or shortage of gae supply 1n the fields trom which the grantee secure~ the gas and the grantee is not able on account of suoh unavoidable conditions to rurnivh gas tor all p~rposea, that preterence shlill be given domestic consumers, schools aRcihboapitala in the use or gas witil such time ae the suppl7 may prove adequate for all purposes. Provi~ed fU!'ther that grantee shall not be liable tor an7 damage resulting traa au.ch acoWenta either to the lwea or the grantee or t.o the'l1nes on ~roperty of consumers. Sectio~ 12. That th1a tranch1ee is granted to the rrantee herein on the representations anddistinct understanding that similar franchises have been, will boor may be 1,U"&nted to it by ihe Cities of Plainview, Can;ron, Tulia, Lockn97, Floydada arx1 Slaton., and. that each tranchiae will provide for the sale or gas at the same trice and that par,ient tbere!Qr ld.U be 1118,de" , on the B8Jll9 terms as provided herein, and it ia hereby provided that it at ari,y t.U!'I anT one or more ot the above cities makes the requirement. that gas shall bll a.old at a leeeer price, or on more favorable tenu, and the 1amo are •cquieaced 1n by the p.-antoe, ar 11 the grant.ee at aey ti• eoll• to any or the above cit,iea, or t.he inhabitant,thereof, at a leaser ' price, or on mars favorable terms of payment, then and in that ayent t.be City ahall !'lave am hereb7 reserves the right to Ulend thia franchise to pro'Vilde tqr the ee.le ot gas a"tt t.he earae pz-ic! or prices for like use., and on the same teru or p~t granted to an:, one or more or tne above oitie&, and the inhabitattte thereof, the purpose or this provision being to provide that the rates for the sale of gas tor like uee and the terms of' payment therefor, ahall be uniform iil this and all ot tho abon umed cities., provided, howe~er, that in the
_., i•' ... .J event gas is found at or near any or the above named cities of sufficient qualitT and in sufficient quantities to be used therein, that the above provisions as to the equalization of rates shall not apply. Section 1.3. It is provided that the grantee shall in good faith begin the construction of its main lines and distributing systems by at once, and shall complete such main line bT December l, 1927, and shall ~e prepared to serve gas to consumers on or betor December l, 192?, provided, however, that grantee shall not be liable for time consumed out of such period by strikes, acts of providence, acts of constituted legal authori~tes, or acts beyond the control of grantee. Section ii.. That the grantee herein shall have the right and privilege of assigning this franchise arxl all the rights and privileges granted herein, and wherever the wot~ 11Grantee" appears herein it shall be construed as applying to its suocessors a~cl assigna~-Section 15. This ordinanoe shall take effect and be in force from and after its ,P8Bsage and approval and publication as provided by law. PASSED AND APPROVED THIS the 8th day of July-, A. D. 1927. Pink L. Parrish Mayor, City of Lubbock, Texas. ATTEST: /a/ Ge W, H;ClJ.trx City Secreta.r:r, City of Lubbock, Texas. Copies by JK Cit7 Sec. office.