Min 01/05/1920 Wichita Falls, Texas, January 5t ., 1920.
The Board of Aldermen of the City of Wichita Falls, Texas, met in called session
on the above date for the transact3og of the business of the City with Mayor
J. B. Marlow presiding and the following officers present, Alderman J. F. Reed,
J. M. McFall, M. A. Bundy, H. F. Weldon and W. S. Curlee. City Atty Mathis,and
City Clerk Thorburn in attendance.
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Complaint and Resolution-of the City Council of the
City of Wichita Falls, passed at a call session January 3rd.,
1920; moved by Alderman H. F. del on and seconded by alderman
J. L. McFall, that the following complaint and resolution be
this date adopted:-
THAT WREREAS, the North Texas Gas Company, a Public Utility
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Corporation, whose principal office is situated in Fit. .:orth,
Tarrant County, Texas; which said Public Utility Corporation
under franchise is engaged in the sale of Natural Gas to the citi-
• zens of the said City of Wichita Falls and to the said City of
Wichita Falls for profit. That at the time said Public Utility
Corporation procured the franchise under which it is operating
in said ea.ty said corporation was granted the privilege of charg-
ing fifty cents per one thousand cubic feet of Natue l gas, said
gas to test more than 1050 B.T.U.; That said city granted said
franchise to said Public Utility Corporation upon the promise of
the agents, attorneys and officers of said corporation that the
gas to be provided under said franchise would at all times test
at leas' 1050 B.T.U; that said corporation expressly and impliedly
contracted with the City of :;ichita Falls at the time of the pro-
curement of said franchise and in consideration thereof that it
would no'. charge exorbitant and excessive rates for the sale of
said gas to said patrons and ta'said city, and that it would pro-
perly measure said gas as sold to said patrons and to said city,
and charge said patrons and said city for no more gas than actually
received by them.
The city of :iohita Falls hereby complains of said North
Texas Gas Company that it has failed and refused and still fails
and refuses to deliver-to the patrons of said city and to said
city gas testing more than 1050 B.T.U, but th t d sing the month
of December 1919 they delivered and sold to the patrons of said
city and to said city gas testing only about 670 B.T.U.; that the
gas sold to said patrons and said city during the said month of
December 1919 and the latter part of November 1919 was not pro-
perly measured and that in many instances patrons of said city,
as well as the city itself, were charged excessive, exorbitant,
extortionate and unreasonable rates for gas and were charged for
far more gas than was actually consumed by said patrons of said
city and said city, which facts are well mown :o said North
Texas Gas Company; and which acts were performed by said North
Texas Gas Company, its officers, agents and employees for the
purpose of defrauding, cheating and swindling said patrons and
tl said city cf vast sums of money:
NOW,THER.EFORE, Be it resolved by the City Coumailo£ the City
of Wichita Falls acting under and through J. B. Mario ., Mayor,
J. F. Reed, S. Curlee, M. a. Bundy, J. M. Mc Fall and H.F.
Weldon, Aldermen and Ralph Mathis, City attorney, desires to in-
voke the power of the District Court of iichita County,Texas, 'as
granted in Article 1025 of the Revised Civil Statutes of the
State of Texas that the matters and things above complained of are
wrong, and that if said Public Utility Corporation shall not,with-
in twenty days after the delivery of a copy of this resolution, as
_-prescribed by law correct ,he gongs complained of to the approval
of t`_e City Counb�,:l. that a petition,setting forth the wrongs and
grievances complained of and stating the relief sought,be filed
in the name of the City of Achita Falls,as Plaintiff,and against
the North Texas Gas Company, as defendant in said District Court
seeking to enjoin said Public Utility corporation from the per-
petration of said unlawful acts and, to fix, regulate and maintain 0--
just and adequate rate 1pr foid"borporation to sell to the pat-
rons of said city and to said city Natutl Gas, and for such other
and further relief in law or in equity that said city and said
patrons may show themselves entitled to.
The TDte Ahem the above resolution was put before the Council waa
as follows. Alderman eT one, doYmirr et, -Tea A de
McFall yea, Alderman Bundy yea and Alderman Curlee Yea.
0 Mayor Marlow then dec1tre/fl the above resolution passed. by all
ea the alderman of th city voting yea.
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Alderman Weldon moved that Ra'ph Mathis City Attorney be sent to. deliver a copy
of the above resolution to the main office of the North Texas Gas Company at
Ft. Worth, Texas, which motion was seconded by Alderman McFall and carried.
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The Board of Aldermen then adjourned.
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Read and approved this the /07--day Of January A. D. 1920.
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