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HomeMy WebLinkAboutOrdinance - 479-A-1931 - Granting A Franchise To West Texas Gas Co. - 01/08/1931.. O\ -og .. t..931 ORDINANCE NO. 479A 0\ -22-1..9 31 BE 1'1:' ORDAINED BY THE CITY OF LUBBOCK: An ordinance granting a franchise and ·c~tain privileges to the West Texas Gas Company (a corporation~ with 1 ts principal office in the City of Lubbock, Lubbock COunty, Texas), and establishing rules and regulations for the use of natural gas for light, heat and power, and establishi~Q a maximum lirndt for price to be charged for such gas. WHEREAS, West Texas Gas COmpany (a corporation) has applied to the Mayor and City COmmisiion of the City of Lubbock, Texas, to grant said company the right to lay and maintain and operate ~as plant for the distribution of natural gas for light, heat and power within the ctty of Lubbock, Texas, upon the following terms and conditions, a nd reservatiofi, such rights a nd franchise to be as follows, to-wit: SECTION 1. That the right to furnish, distribute ~nd sell natural gas for light, heat and power, for all such oth'l' purposes for which gas may be used within the City of , Lubbock, Texa s, for a period of sixteen years and six months from the date of the passage and approval of this ordinance is hereby granted to the west Texas Gas Company (a corporation), and its successors and assigns, hereinafter called the grantee, subject, however, to the provisions hereinafter incorporated in this ordinance and for such additional period of extensions of time as may at the expiration of the said term of years, and uwn conditions then found to be satisfactory to the officials of the City of Lubbock, and to this gra ntee, and provided that this ordinance and franchise is to be in effect add /~om and after the da te and day of its passage and approval. - SECTION 2. That the said grantee is to have the right to lay mains, pipes and equipment, and to eonstruct such buildings and install such machinery or equipment, and sell or lease such equipment to the Gitizens of Lubbock, Texas, as may be necessary or advisable in their judgement for the proper performance of the service to be rendered to the City of Lubbock~ and to its eitizens and inhabitants to the best interest of the gas cons~rs and to have, at all times, access to the streets and alleys of sai~ City for the purpose of laying such mains, pipes and equipment as may be needed from time to time during the ter.m of this franchise, or any extensions thereof, provided, 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 twenty-four hours, and that i.mmediately such mains, pipes or equipme.nt is laid 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 barrie~s ~ day and by red lights at night, and the said grantee shall hold the said ~ity of Lubbock harmless 1om any da.mages to persons or property resulting from their negligence in the manner of constructing such distributing plant or system and guarding the same ~!I.e under construction, by a good and sufficient bond executed ~he grantee and some zeputable surety company permitted to do business in the State of Texas, in the penal sum of . Twenty-five Thousand Dollars {$25~000.00). The work done in connection with the construction, maintenance andoperation of said plant and transmission, transportation and distributing system, and the location of regulating stations, vent pipes thereebr, gate valves, qauqes, stock boxe~ manholes, low, intermediate and high pressure mains, pipes, feeders, serrtee pipes and conduits, and service pipe extensions and all appurtenances in the streets, highways, alleys and other public places in the City shall be subject to and governed by the regulations rules and ordinances now in force or that may be. thereafter lawfully adopted. SECTION 3. That all mains shall be laid at least two feet below the surface of the cjround , and so laid as not to interfere in any manner with water mains or pipes or sewer lines of said City, or pipes or conduits of other utilities already installed; and that the connections with the gas mains and pipes shall be placed and laid to the property line of the consumer at the expense of the grantee. That the grantee shall not be required to extend main lines mere than one hundred a.nd fifty (lso) feet to any one consumer. SECflON 4. That said grantee shall at all times after said gas distribution ~stem has been established and placed in operation, be prepared to furnish said City and its inhabitqnts with a good qua lity of gas for light, heat and power, and other purposes, ana said grantee shall ftirni$h such gas for all purposes for which sam9@maY be used -. ~ in sufficient quantities to supply )the needs of the said City and its citizens. The said gas shall be furnished to said City and its inhabdtants for domestic use at a net price not to exceed sixty--seven and one-half (67t) cents per thousand cubic feet for all gas used; provided however that gas used.for heating public buildings, churches, hotels, and apartments shall be sold at the following rates: For the first 50,000 cubic feet used per IIIOnth For the next 100,000 cubic feet used per month For all used in excess of 150,000 cubic feet per month 67i cents per M 50 cents per M 40 cents per M That the maximum r a tes for industrial gas shall not exceed the rdtes set out in the following schedule; For the first For the next For the next For the next For the next For the next For the next •For the next For the next 50,000 cubic feet used per month 150,000 cubic feet used per month 300,000 cubic feet used per month SOO~OOO )cubic feet used per month 10,000,000 cubic feet used per month 20,000,000 cubic feet used per month 29,000,000 cubic feet used per month 60,000,000 cubic feet used per month 120,000,000 cubic feet used per month 45 cents per M 35 cents per M 30 cents per M 25 cents per M 22J-cents per M 20 cents per M 18 cents per M lf>tcents per M 15 cents Per M That all above rates are to be charged for gas used through one meter on)y. That all bills shall be due and payable monthly, and within ten days from date rendered, and in case of default or no~payment within said time, the grantee shall have the right to discontinue serviee to said consumer, and to make an additional charge for the gas used for any purpose equal to one-ninth (1/9) of the bill rendered. And in case said consumer shall make application to have services re-established and Qas re-connected with his premises, he shall be required to pay all delinquent bills, tog~ther with the penalty thereto, and to pay a cut on charge not to exceed 31.50 for domestic use and heating purposes, and 12.50 for industrial ase. It is further provided that the grantee shall be allowed to make a minimum charge of $1.50 per month for qas for domestic and heating serviee and $25.00 per month for industrial Qas service. All gas furnished or supplied by grantee shall be metered, and for this purpose the grantee shall, at its own cost and expense, provide and install for each consumer a good, and accurate meter of standard make, to be approved by tae City Commission, and when grantee reads its meters to determine the amount of gas furnished each month, a copy of such reading shall be left with or at the residence or place of business of the consumer. Grantee shall also provide and maintain at its proper cost and expense facilities for testing gas meters, to be to the satisfaction of and approved by the City Commission; and said grantee shall also provide and maintain.-at its proper cost and expense a standard meter prover of nofless than five cubic feet capacity, to be selected by the C1ty Commission, equipped with suitable thermometers and other necessary accessories which shall be maintained to the aca~ted standard of accuracy, all to be to the satisfaction and app~oved by the City ommission. Such meters shall be and reaain the property of the said grantee, and the grantee shall have the right to require the customer or consumer to deposit with it.; a sum equal to the maximum monthly bill of the consumer, provided, however, that no deposit shall be in a less sum than $1o.oo for domestic meter, and $15.00 for industrial meter. SEC'l'lON 5. Tha natural gas to ee furnished hereunder shall be at all times kept to a standard of eight hundred British thermal heat units or higher per cubic foot at the point of comsamption, at a temperature of thirty-two degrees Fahrenheit, or •ero Centigrade; and to determine whether the gas supplied is of the heating value above specified the City of Lubbock may have tests made by a competent analyst under recognized and scientific processes, according to the approved method of making such tests, and said tests, shall be from samples of gas collected from the qrantee's mains at any point or points within the City. If the result of such testa show that during a month the daily average of the gas supplied was below ei~t hundred British thermal heat units, then there shall be deducted from the customer's bills for gas during such month a proportionate amount, based upon the deficiency below said eight hundred Btit3:sh thermal heat units. In any month when such tests are being made, the City shall advise the grantee of the result of each test within a reasonable time after it is made, and the official report o f such analyst, of Which said qrantee is so advised, shall be taken and accpeted as the agreed prima facie correct test of the heating Walue of the gas furnished during such month and thereafter until a different result is determined or ascertained in a similar manner; said grantee shall furnish gas to consumers at a pressure of not less than four ounces, nor greater than ei~t ounces, measured at the «nsumer's meters outlet. -2.- Said grantee shall s~ply and install oot less than four, and as many as may be need~~ approved self-registering pressure and gas gauges capable of recording the p~ssure of the gas, in the mains at points in the city designated b¥ the City Commission, and said self-registering pressure quages shall be placed at stations which in the opinion of the City Commission, fairly represent the pressure on agjacent territory; and such station shall be securely enclosed under looks, and dup~icate keys to said stations shall b e retained by the City Manager, or some officer authorized by the City Commission; and such sit-registering pressure gas g~~s shall be equipped with removable recording dials to record the pressure, and the said City Manager, or some representative authorized by the City Commission, shall cause to be removed or remove from said pressure gauges the pressure records of the preceeding period. and provide the gauges with recording blanks for the next period during which such redord is desire« by the City: and each record talen from such pressure gauges shall be filed in the office of the City Secretary of the City of L~ak, and a record thereafter be entered upon the books of the city by the said ity Manager, or somr representative authorized by said City Bemmission, shall keep self-recording dails in said pressure gauges continuously for a month, or as often as is required by the City Commission; and the said guage record and the said book record shall each be competent and prima facie proof of the pressure at the point at shich such record was made at the time as shown by said gauge record. Each consumer of gas shall install and maintain suitable pi~ng within his property lines and suitable appliances and fi~es, except meters, subject to the approval of the City Commission, or such supervisor, imspector or other representative as may be authorized ~ said City Commission to pass upon the same. SECTION 6. The City reserves the right to lay and permdt to be laid electric conduits, water and other pipe lines or cables, and to do and per.mit to be done any underground work that may be deemed necessary or proper ~ the City Commissia,ll, in, seress, along or under any street, alley, highway, or other public places occupied by the grantee; and, whenever, ~ reason of changes in the grade of any streets, or in the location or manner of constructing any water pipes, ele«tric conduits~ sewers or other underground structure, it shall be deemed necessary ~-the City Qonmission to alter, change, adapt or conform gas mains and service pipes of granfee, such alterations, or changes shall be made by the grantee when ordered ~writing by the City Commission or any supervisor or other representative of the City Commission so authorized to act, wdthout any claim for reimbursement for damages against the City; said grantee shall indemnify and save harmless the City of Lubbock tz.m~ and all claims for injury or damages to persons or property occassioned ~ or ariseing out of the construction, maintanance operation or repair of said grantee's tramiaaion, transportation and distributing system, and ~ the conduct of the business in the city. 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 2 abov~ , shall be and is subject to the following restrictions, limitations, and conditions, viz: that in building additional mains or lines of •ipe, 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 s~e infor as may be necessary in connecting from one alley to another; and said mains and pipe line shall be so laid that the top of said main or pipe line shall be placed below the surfaai of the street or alley and so as to protect all pa~ing, wire cables, water pipes,underQDund wires or sewer laterals, and shall be so constructed and located with reference tp water lines and sewer mains as not tointerfere therewith, and under the direction and the the satisfaction of the City Commission or the City Engineer. SECTION B. That the City Conmission hereby reserves the right to install at the point where said grantee received its gas for distribution in the city a meter through which all gas distri~ted to the City and its inha ,itants shall be passed, an adequate self-registering pressure gauge adequate to record the amount of gas distributed to the City and its inhatd tants and the pressure of which the same was received by tie grantee. Said grantee shall also supply and install one distant pressure gauge under the direction of the city Commission and at the place designated by the City Commission which will indicate the pressure at such designated point, said guage to be placed in the City Hall in the office of the eity Engineer. -3- ~That said grantee shall make, not oftener than each six months, reports to the City S@cre±ay'of the City of Lubbock under oath of the President, Treasurer or SUperintendent of such company, showing _ the gross amount received from tne business done within the city in payment of cha~es of gas for the six months next preceeding. SECTION 10. That after the said gas distribution system shall have been fully constructed, equipped and in operation as herein provided m the Citv of Lubbock, if the said grantee shall ·i then fail to substantially comply with the conditions of the franchise, the City of Lubbock shall have the right by ordinance duly passed1herefor to forfeit all the right and franchises herein granted to the said grantee, provided thatt the City of Lubbock s~all give the said grantee, its successors and assigns, sixty (60) days' notice in wirting, specifiying the conditions claimed to have been violated,.and giving full and fair ppportunity to be heard thereon before declaring such forfeiture, which notice shall fairly and fully set out all of the eondi tiona claimed and eomplained of and slaall be given bythe said City and shall be signed hf ~~ ~ty~e~e1ftarc~~de~~ihf ~!aA of id Cit said City, after having been properly authorize~/~a¥'£he ~~ld granteK SKditsfia~e ~ x¥; Y (60) days after receiving such notice in whioh to rectify and correct such Yiolations · and to substantially ComPV with the terms and conditions of the ordinance; should the violations of this ordinance so complained of not ha~ been rectified and correctee and the terms and conditions of this ordinance fully complaied with at the end of said sixty {60) d~s, then, and in that event the City shall have the power to forfeit this franchise on account of the viola tions specified in said notice. That in<n:•se of forfeiture as herein provided, the City of Lubbqck, reserves the right to purchase the distributing plant of the grantee at its fair approaised valure or to allow the grantee to remove the same within one year from the date of such forfeiture, provided, that before any of siaf property may be r~ved, the grantee shall be required to fibe to the city a good and SIJfficient land that the streets and alleys will be placed and left in as good conditions as found. For each and every breach or violationf of any of the previsions of this ordinance by the grantee, it shall be liable to a penalty of Twenty-five Dollars to be recovered in any court of competent jurisdiction py suit, of any person, fir.m or corporation injured or d~aged by such breach or violations; and if the breach or violation shall be a conitnuous one, ecah day during which such breach or violattion continues shall be deemed a separate breach or violation and a separctte gound of recovery against the grantee. SECTION 11. That in further consideration of the privileges and franchise gEanted to the West Texas Gas Company, it shall adopt and use any and all reasonable safeguards to provide for the protection of persons or proper~gainst injury or damage growing out of the use of gas that they shall construct and maintain in good order all mains, pipes aad equipment usesd in said City fo the distribUting of gas, and shall always be prepared to furnish said City and its inhabitants a sufficient quantity of gas for all purposes; p7avided however, tht~ in case of explosion or accidents of any character atnature, beyond the control fo grantee, to the main lines or to the fiaia distributing system provided herein, or shortage of gas sup~J'Y in the ~itlds from which the grantee secures the gas and the grantee is not able on account of such unavoitiable conditions to furnish gas for all purposes, that perference shall be given domestic comsumers, schools and hospitals in the use of gas until such time as the supply may prove adequate for all purposes. Provided further that grantee shall not b8 liable for any damage resutling from Bhqh accidants either to the lines of the grantee or the lines on property of consumers • SE<.n'ION 12. That this franchise is granted to the grantee herein on the representatioaa and distinct understanding that similar fEanchises have been, will be or may be g~ted to it ~ the Cities of Planview, Canyon, Tulia, Lockney, Floydada~ and Slaton, and tha~ach franchise will provide for the sale of gas at the same pri~s and that payment therefor will be made on the same te~ as provided herein, and it is ere~ provided that if at any ttmeany pae o.t: mote of the above cities makes the requirement that qas shall be sold at a lesser price, or on more favorable tersm, and the same are acquiessed in by the grantee, or if the grantee at any time sells to any of the above cities, or to the inhabitants thereof, at a lesser price, or on more favorable terms of payment~ thea and in that event the City shall have *nd hereb¥ reserves the right to amend this franchise to providefor the sale of gas a t the same price or prices f~r like use, and on the same terms of payment granted to any one or more of the above ci tiex, and the inhabitants thereof, the purpose of this provision being to pro~e that the rates for the aale of gas for like use and the terms of payment theerefor, shall be unifor.m in this and all of the above named cities, of sufficient quality and in sufficient quantities to be used therein, that the above provisions as to the equalization of rates shall not apply. -4- • ''lt-<:!' • SEC'I'ION 13 • .. It i.a provided that the grantee shall in good faith beqin the construction of tis main line4 and distributing systems by and shall oomplete such line by , and shall be prepared to serve gas to comsumers on or before ------~--~~~~~~~' provided, however , that grantee shall not be liable for time consumed out of such P,erioa by strikes, acts of providence, acts of constituted legal authorities, or acts ~yond the control of grantee, SECTION 14. That the grantee herein shall have the right and privilege of assigning this franchise and all the rights and privlieges granted herein, and whereever the wrolc "graatee" appears herein it shall be construed as applying to its successors and assigns. SECTION 15. This ordinance shall take effect and be in force from and after its passage andapproval and publication as provided by law. PASSED AND APPROVED THIS the 8th day of January, 1981. A.D. PASSED AND APPROVED THIS the 22nd d~y of January, 1911. A.D. ATTEST: W.H. Rodgers /s/ STATE OF TEXAS I CITY FO LUBOOCIC I - COUNTY OF LUBBOCr:: I /s/ J.J. Clements We, the undersigned Mayor and City Secretary of the City of Lubbock in Lubbqcl::: Texas, do hereby certify that the within and foregoing ·is a true and correct copy of the ordinance and franchise approved and passed granttiv g to theWest Texas Gas Company tae right and privilege to use the streets and alleys and public gounds of the City of Lubbock for the pupose of laying and mantaing gas lines and for the distribution and natural ·ga~ to the City of Lubbock and the inhabitantsthereof for a period of sixteen years and six months, and that such ordinance was duly read, approved and passed as required py the City Charter of said City, and duly assigned by the undersigned ~~yor and attested by the undersigned City Secretary. this 22nd day of Jandary, A.D. 1981. MAYOR ATTEST: CITY SECRETARY ..