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HomeMy WebLinkAboutOrdinance - 1228-1952 - Amend An Ordinance And Franchise 479-A - 06/12/1952().. •• ,.., .... "'~tc .. ~ .~ ;;_. "!.::1·...--).p' I .Ol9 -IZ.-l.95.9 ,, ORDINANCE NO. ;1,228 0 l.o ~it>-\.95.;l. AN ORDINANCE TO AMEND AN ORDINANCE AND FRANCHISE, ORDINANCE NO. 479-'A, PASSED BY THE CITY OF LUBBOCK, TEXAS ON THE 22nd DAY OF JANUARY A. D. 1931, AS HERETOFORE AMENDED BY CERTAIN ORDINANCES PASSED BY THE CITY OF LUBBOCK, TEXAS 'GROOING~ TO WEST TEXAS GAS COMPANY, A CORPORATION, ITS SUCCESSORS AND ASSIGNS, A GAS FRANCHISE FOR THE PURPOSE OF CONDUCTING . IN SAID CITY A BUSINESS OF FURNISHING NATURAL GAS TO THE CITY AND INHABITANTS THEREOF: SAID ORDINANCE BEING AMENDED BY AMENDING SECTION NO. 1 THEREOF SO AS TO EXTEND THE TERM OF SAID FRANCHISE FOR A PERIOD OF TWENTY YEARS FROM AND AF!'ER THE 22nd DAY OF JULY, A. D. 1952, TO THE 22nd DAY OF JULY, A. D. 1972, ALL AS HEREIN PROVIDED: WHEREAS, the West Texas Gas Company, a corporation, bereinaf'ter ref' erred to as the "grantee" is now and has been engaged in the transportation, distribution and sale of natural gas in the State of Texas and in the City of' Lubbock, Texas, and in fUrtherance thereof, has erected, constructed and maintained a gas distribution system in the City of Lubbock, Texas, hereinafter referred to as "the City," for many years pursuant to such rights as has been granted to the grantee b.1 and under the Laws of' the State of' Texas and the terms of a ce,rfe,i~ Franchise granted to it by the City ot Lubbock, Texas, on the 22nd day of' Januarjr,\A. D. 1931, by its Ordinance No. 479-A, which franchise was f'or a term and period of' sixteen and one-halt years trom and arter I the 22ncl day of January, A. D. 1931, said Ordinance No. 479-A having been heretofore amended by Ordinance No. 555, passed by the City of' Lubbock, Texas on September 24, 1936, and having been further amended by Ordinance No. 664, passed by the City of Lubbock, Texas on March 27, 1941, and Ordinance No. 1l39 passed by the Ci;Y of' Lubbock, Texas : on September 28, 1951; a:od I WHEREAS, said Ordinance No. 664, passed by the City or Lubbock, Texas, on r March 27, 1941, among other things, amended Section No. 1 of said Franchise Ordinance ,. .._/No. 479-A b;r extending the term of said franchise trom the 22nd day of July, A. D. 1947 to the 22Dd day or July, A. D. 1952; and WHEREAS; by reason of' the growth and development or the City of' Lubbock, Texas, ,since the passage ot Ordinances Nos. 479-·A and 664, the grantee has expended large sums ~ .2t money in the extension of' its distribution system and lines and facilities, so as to ,adequately serve the needs of said City and its inhabitants, and it is contemplated and anticipated both by the City and the grantee that the further growth and development of said City vill necessitate and require the expenditure by the grantee of large sums of' money in the further extension of its existing lines and facilities to serve the needs ot said City and its inhabitants; and w • WHltREAS, the grantee, 1n order to protect its investments heretofore made in ~ said City and the fUrther investments that v11l be required of it in order to meet the demand occasioned by the fUrther growth of' said City, desires the extension of the terms of said franchise for a period of twenty years tram and after the date of the termination of said franchise under said Ordinance No. 479-A, as amended by said Ordinance No. 664, so that the said Franchise will terminate on the 22nd day of July, A. D. 1972, instead of on the 22nd day of July, A. D. 1952: NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF LUBBOCK, TEXAS: SECTION 1: That Franchise Ordinance No. 479-A, passed by the City of Lubbock, Texas on the 22nd day of January, A. D. 19.31, as heretofore amended by Ordinance No. 555, passed by the City of Lubbock, Texas on September 24, 19..36, and as fUrther amended by Ordinance No. 664 passed by the City of Lubbock, Texas on March 27, 1941, and Ordinance No. 11.39 passed by the City of Lubbock, Texas on September 28, 1951, Section 1, thereof, be amended so that the same shall hereafter read as follows, towit: "That fran and af'ter the passage and approval of this Ordinance, the right to furnish, distribute and sell natural gas, for light, heat ahd power and for all such other purposes for which gas may be used within the City of Lubbock, Texas, for a period and term ending on the 22nd day of July, A. D. 1972, is hereby granted to West Texas Gas Company, a corporation, and its successors and assigns, hereinafter called grantee, subject, howevel'\~ to the provisions hereinafter incor- porated in this Ordinance, and fi~·~rjsuch additional period and extension of time as may at the expiratio ),o11 the said term of years ending the I 22nd day of July, A. D. 1972, be !granted, and upon conditions then found to be satisfactory to the officials of the City of Lubbock, Texas, and to this grantee, and provided that this amendment to said Ordinance and Franchise No. 4 79-A is to be in effect and run from and after the day and date of its passage and approval." SECTION 2: Except as to the amendment of Section 1 of Franchise Ordinance Ho. 479-A, the said Franchise Ordinance No. 479-A as heretofore amended by said Ordinances Nos. 555, 664, and 11.39, shall in all other respects r~main in full force and effect and shall not be in aD7 other respects modified or ~nged hereby. SEcTION 3: This Ordinance shall take effect and be in force from and af'ter its passage and approval and publication as provided by law. SECTION 4: Should any provision of said Franchise Ordinance No. 479-A, as heretofore amended by said Ordinances Nos. 555, 664, and 11.39, and by this Ordinance be held invalid or unconstitutional, the remaining portions of said Ordinance No. 479-A, as amended shall nevertheless remain in full force and effect. AND IT IS SO ORDERED. On motion of Commissioner ___ D;o;:a;.;.vi=s--------' seconded by Camnissioner _c_ar.....;.p_e_nt_e_r _______ , the foregoing Ordinance was passed on first reading this the 12th day of _..:::J..::un:::.e::;._ __ , 19,52, by the following vote of the City Commission: -2- Commissioners voting "Yea": Ce.rpenter, Davia, Thomas &Dei Ma.yor Tripp "" / --Camnissioners voting "Nay": None .... ~ ' On motion of Canmissioner __ D~a;..n_s ________ , seconded by Commissioner __ ......;;T~h~o;;;;ma.;;.s;;.... _____ , the foregoing Ordinance ws passed on second reading on this \ the 26th· day or _..;.J.;;;:;un;;:.;e;;.._ _____ , 1952, by the following vote of the City Commission: Commissioners voting "Yea": Commissioners voting ftNay": ATTEST: ---~J~&-~U1 ____ _ cff#tsecreta~~ -\ Carpenter, Davis, Thomas, Morris and Mayor Tripp None -3- .. , L. ' G J