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HomeMy WebLinkAboutOrdinance - 110-1914 - Granting B.J. Wauger, His Successors And Assigns A Right To Franchise, Gas ETC. - 03_01_1914C rdi nance No, AN ORDINANCE GRANTING TO P.J.WAUGH, HIS SUCCESSORS AND ASSIGNS, A FRAh7CRI9PFORTHERIGHTTOFURNISH, DI9TFIBIUTF, ARID SELL GAS FOR LIGHT, HEAT, POWER, AND kTY 07H-FR PURPOSE FOR VMICR GAS MAY BE U57D9 IN TFF CITY OF L7-'POCK, TF'XA S; AND VUK TO U E AND OCCUPY THE STREETS, ALLEYS, AND PUBLIC GROUNDSOFSAIDCITYFORTRH' 'TXCAVATION, CONSTRUCTIOIT, An MAIYTFNANOF OF PIPESZ AND MAINS FOR TRF DISTRIBUTION OF GAS, UND R CvRTAI.T TFRIS AND CONDITIONS N SET OUT IN THIS ORDMANCE. A Be it Ordained by the City Council of the City of Lubbock, Texas: -- Section 1. That the right to furnish, distribute, and call gas for light, heat, power, and such other purposed for which gas may be used, in the City of Lubbock, State of Texas, for a period of twenty-one years Jbi from the date of the passage and the publication of this Ordinance, is here- by granted to P.J.Waugh, his successors and assigns, hereinafter designated as the Grantee, subject, however, to other provisions hereinafter incorpo- rated in this Ordinance, Section S. That to this end, and for the purposes of and on the condi- tions, as set out in this Ordinance, the said grantee is hereby authorized and empowered to establish, construct, maintain, and operate Within the paid City of Lubbock, Texas, a system of mains, pipes, stations, and other nece wary appliances for the furnishing, distribution, and selling of gas, anil the use of the streets, alleys, sidewalks, and public grounds of the said City of Lubbock, for a period of ' twenty-one years from the date of the pose sage and publication of this Ordiance, is hereby granted him, his successors, and assigns, for the construction and maintenance of x1mus,mains, pipes, stations, and other appliances necessary for the distribution of said gas, and for exce.-ations necessary to laying of said mains and pipes. Section 3. That all excavations or trenches made in the streets, alleys or public grounds and pa,ven-ent s of said City under this grant shall be re- filled as soon as the pipes are laid so as to leave the streets, alleys, sidewalks, pavements, and public grounds in as good condition as they were before such excavations or trenches were made; and that such work shall be subject to the supervision and inspection of such officers or committe as the Council of said City may appoint, or designate, and assign to such duty; and that in case the said grantee, his successors,, or a.eaigns shall fail to Crake such refillings as aforesaid, the said City may make such refillings at the expense of the grantee, his successors and assigns, by the accept - ante of this Ordinance hereby agrees to pay. nPage #P . Section 4. That all mains shall be at least two feet below the surfkbLceoftheground, and so laid as not to interfere in any manner With the wa- ter trains or pipes of said City; and that connections With said gas pipesormainsshallbeattheexpenseofthegrahtee, his successors, or assigns. Section 5. That the said B. J.Waugh, his successors, or assigns, shall at all times after said plant has been established and in operation as here- in provided be prepared to furnish said City and its inhabitants with a good quality of gas for Illuminating, heating, and other purposes for which it may be used, and in sufficient quantities for all such purposes and uses; which sae shall be furnished to said City at a price not to exceed the aum of twenty-five cents for each one thousand feet; and to the individual consu- mers and users thereof to be furnished at a price not to exceed the sutra of fifty cents for each one thousand feet consumed or used. That all uea.surem ments shall be taken on standard meters, which meters shall be furnished and installed by the grantee, his succeeeors, or assigns, and shall remain the property of the pasty fumnishing same. That the above rates are to be sub- ject to a. discount of five per cent if paid at the grantee's office on or before the tenth day of the month following that in which said gas was fur- nished; providAd, that the minimum price to individual users of gas shall be one dollar and fifty cents per month, and that no bills shall be for any one month less than the said one dollar and fifty cents per month. Section B. That the said grantee, his successcre, and assigns, shall and by the a.^ceptance of this Ordinance hereby agrees to protect and save harmless the said City against all damages that may arise from the negli- gence of said grantee, his agents, servante, the agents or servants of his L.successore and assigns, in constructing, operating, and maintaining said gas system. Section 7. That the said B.J.Waibgh, his successors, and assigns, shall adopt and use any and all devices and safe -guards which may from time to time be designad or invented for the protection of persona against injury grow- ing out of the use of gas, and shall put and keep in good order all mains, pipes, stations, and other apparatus used in said City for the distribution of oai d gas, and shall always be prepared to furnish to the said City and its inhabitante a su'ficient quantity and good quality of gas for power, il- luminating, and heating purposes. Section S. That after the said gas plant shall have been fully con - strutted, equipped, and in operation as herein contemplated in said City, M. r 0 Page #3 . the said B.J.Waugh, his successors, or assigns, shall then fail to subste&- tially comply with any of the conditions herein, the said City of Lubbockshallhavetheright, by Ordinance duly passed therefor, to forfeit allc,./ the rights and franchises herein granted to said grantee, his euccessors, F 0 I and assigns; provided, that the said City of Lubbock shall give to the said B. J.Waugh, or to whomsoever then holding said franchise under the said Waugh, ninety days notice in Writing, specifying the conditions claired to have been violated and giving a full and fair opportunity to be heard there on, before passing on such specified violations and finally declaring such forfeiture; which notice shall fully set out all of such specifications 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 B.J.Wau&, his successors assigns, shall have ninety days after receiving such notice in which to rectify and correct such violations and to substantially comply with the terms and condi- tions of this Ordinance; should the violations of this Ordinance so specifted have been rectified and corrected and the terms and conditions of this Or- dinance substantially complied With at the end of such ninety days, then im such event, the City shall have no power to forfeit this franchise on ac- count of the violations specified in the said notice; however, should the said specified violations not be rectified or corrected at the end of such ninety days, then the Council of Isaid City may prooeed to pass thereon and determine from the testimony the truth orfalsity of such specifications and make such declarations thereon as the facts may justify under this section of this Ordinance. Section 9. That the acid P.J.Waugh, his successors, or assigns, Mall have the right iLt their option to connect for gas either at the property line of individual or business property, or to connect in the houses or bus- iness places, either by furnishing stores or heaters, or without ouch fur- nishings, as may be mutually agreed upon katiumm by and between the said grantee and the property owners. Section 10. That the said B.J.Waugh, his successors, or assigns, shall Within eight minths after the publication and acceptance of this Ordinance begin the construction of said gas system within the said City of Lubbock, and shall have the sums fully constructed, established) equipped, fully connected With the source of gas supply and in operation furnishing the said City and the inhabitants thereof with the quantity and quality of Page #4gasherein contemplated and agreed upon, by the first day of May, A.D.1916andinarctheeventthesaidgassystemienotcompleted, in operation andfurnishinggasasaforesaidbythetimeofthesaiddate, then in eudh eventtheCityCouncilofsaidCitymaydeclarethisfranchisedulyforfeitedbythepassageofanordertothateffectandhavethesamedulyenteredupontheMinutesofthesaidCouncil, and this franchi ee shall have no further force or effect after the passage and entry of such order; provided, the said City Council may extend the time for the completion and operation of a said gas system beyond the said date should it see fit bo to do. Section 11. That this Ordinance shall take effect dnd be in force from and after its passage, approval, and publication. Passed and approved this the day of March, A. D.1914. Mayor, City of Lubbock, Texas. Attest t City Secretary. 4