Ord 100-95 9/19/1995r'
ORD INANCE NO. I 0 � — G
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, GRANTING TO SAGINAW PIPELINE COMPANY,
L.C., A CORPORATION, ITS SUCCESSORS AND ASSIGNS, A
FRANCHISE TO FURNISH AND SUPPLY GAS TO INDUSTRIAL
CUSTOMERS IN THE CITY OF WICHITA FALLS, WICHITA COUNTY,
TEXAS, AND THE ENVIRONS THEREOF; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE
WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY
LAW.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
SECTION 1. There is hereby granted to Saginaw Pipeline
Company, L.C., its successors and assigns (hereinafter called
"Company "), the right, privilege, franchise and consent, for a
period of twenty (20) years from the date this ordinance becomes
effective, to use and occupy the present and future streets,
alleys, highways and public places of the City of Wichita Falls,
Texas, for the purpose of laying, maintaining, constructing,
operating and replacing therein and thereon pipelines and all
other appurtenant equipment needed and necessary to deliver and
sell gas to industrial customers within and beyond the City's
corporate limits. An industrial customer shall be defined in
conformity with Lone Star Gas Company Rate Schedule 200, attached
hereto as Exhibit "A."
SECTION 2. The Company shall lay, maintain, construct,
operate and replace its pipes, mains, laterals, and other
equipment so as to interfere as little as possible with traffic,
and shall promptly clean up and restore, to an approximate
original condition or better, at its costs, all thoroughfares and
other surfaces which it may disturb. The location of all mains,
pipes, laterals and other appurtenant equipment shall be fixed
under the supervision of the City Council or an authorized
committee or agent appointed by said Council.
SECTION 3. At any time Company desires to make excavations
along, across or in any of the streets, avenues, thoroughfares,
sidewalks or other public places of City, Company shall give City
prior notice thereof, and all such places in any manner excavated
or disturbed by Company shall be by Company, at its own cost and
expense, restored to their original condition, as nearly as
practical, whether the same shall be paved, unpaved or gravel
streets, avenues, thoroughfares, sidewalks or other public
places. Company shall make all repairs, including compacted
backfill and surface restoration, in compliance with standards
set by City. Company shall obtain permits for all repairs in the
public right -of -way as set forth by City ordinances, but no fee
shall be charged for such permits. Company shall have the right
to work within the public right -of -way without permits only to
correct an emergency situation, and shall obtain the necessary
permits on the next business day.
SECTION 4. The Company shall indemnify, become responsible
for, and forever save harmless the City of Wichita Falls from any
and all damages, judgments, decrees, costs and expenses,
including attorney's fees, which the City of Wichita Falls may
legally suffer or incur, or which may be legally obtained against
the City of Wichita Falls, for or by reason of the use and
occupation of any street, alley, avenue or other public place in
the municipality by the Grantee pursuant to the terms of this
ordinance or legally resulting from the exercise by the Grantee
of any privileges herein granted.
SECTION 5. This franchise is subject to the Constitution
and Laws of the State of Texas and to all valid provisions of the
Charter of the City of Wichita Falls, and cannot be assigned
without the approval of the City Council of the City of Wichita
Falls.
SECTION 6. Should the City of Wichita Falls determine to
acquire the properties of the Company located within the City
under rights given herein, or under the provisions of the City
Charter of the City of Wichita Falls, Texas, or under the Laws
and Constitution of the State of Texas, it shall only be required
to pay just compensation for such properties used and useful in
serving the inhabitants of the City and, in arriving at the price
to be paid by City for such properties, there shall be excluded
the value of this franchise. This purchase privilege may be
exercised effective at the date of termination of this franchise
upon the City giving Company no less than six (6) months', nor
more than eighteen (18) months', prior written notice of its
desire to conclude such purchase. Upon the failure of Company
and City to reach an agreed purchase price, the procedure
established by the Texas Laws in eminent domain proceedings shall
be followed.
SECTION 7. This franchise is not exclusive, and nothing
herein contained shall be so construed as to prevent the City
from granting other like or similar rights and privileges to any
other person, firm or corporation.
SECTION 8. The Company, in providing service hereunder,
shall be subject to all reasonable rules and regulations with
respect to such service as the City of Wichita Falls may make
from time to time as authorized by law.
SECTION 9. The Company may make and enforce reasonable
rules and regulations from time to time, and may require
reasonable security for the payment of its bills. Company rules
and regulations, before becoming effective, shall be filed with
the City Clerk of the City of Wichita Falls.
SECTION 10. In the event that at any time during the period
of this franchise the City shall lawfully elect to alter or
change the grade of any street, alley or other public way, the
City may require the Company, upon reasonable notice by the City,
to remove, relay and /or relocate its mains or service pipes,
manholes or other gas fixtures at its own expense.
SECTION 11. The Company shall file its written acceptance
of this franchise within sixty (60) days after its final passage
and approval.
SECTION 12. The service furnished by the Company and the
facilities necessary to provide the service shall be first class
in all respects.
SECTION 13. The Company shall, within one (1) year after
the granting of this franchise, file with the City Manager of
Wichita Falls a map or maps in convenient sectional form showing
distribution mains and pipelines in the City of Wichita Falls,
and such other .information with respect to the pipe location and
depth as the Company has available in records available to it,
and thereafter the Company will correct and bring such map or
maps up -to -date annually. Such map or maps shall be copies or
duplicates of the standard system maps used by the Company in the
operation of its business.
SECTION 14. In addition to the rates charged for gas
supplied, the Company may make and enforce reasonable charges,
rules and regulations for service rendered in the conduct of its
business, including a charge for services rendered in the
inauguration of natural gas service, and may require, before
furnishing service, the execution of a contract therefor. The
Company shall reference to the installation of, and payment for,
any and all of the gas piping from the connection hereof with the
Company's main in the streets or alleys to and throughout the
consumer's premises. The Company shall own, operate and maintain
all "service lines," which are defined as the supply lines
extending from the Company's main to the customer's meter where
gas is measured by the Company.
SECTION 15. In consideration for the rights and privileges
herein granted, the Grantee, its successors and assigns, shall
pay to the City during the term of this franchise an amount equal
to three (3 %) percent of the gross receipts received by the
Grantee from the sale of gas within the City; three (3 %) percent
of any fees received by the Wichita Falls Distribution System for
the transportation of gas within the Grantee's lines into the
corporate limits of the City (excluding gas sold or transported
to another gas utility franchise in the City for resale to its
customers within the City); and three (3%) percent of the
customer purchase price of any and all gas transported by the
Grantee into the corporate limits of said City (excluding gas
sold or transported to another gas utility franchise in the City
for resale to its customers within the City), to be paid
quarterly on the first day of May, the first day of August, the
first day of November, and the first day of February of each year
for the three -month periods ending, respectively, on the first
day of the months of March, June, September and December next
preceding. For purposes of this section, gas sold or transported
to any industrial customer having a valid non - annexation
agreement with the City shall be deemed sales or transportation
revenues derived from a customer located within the City. The
compensation set forth in this paragraph shall be paid in lieu of
any license, charge, fee, street or alley rental, or other
character of charge for the use and occupation of the streets,
alleys or public ways of the City or any occupation or privilege
tax.
In order to determine the charge for the use of the City
streets and alleys, each transportation customer of the Grantee
shall disclose to the Grantee the purchase price of said gas on a
quarterly basis. Should a transportation customer refuse to
furnish the Grantee its gas purchase price, the Grantee shall
estimate same by utilizing Saginaw Pipeline Company, L.C.'s
monthly industrial weighted average cost of gas ( WACOG), as
reasonably near the time the transportation service is performed,
at the rate of three (3%) percent of the WACOG for each Mcf of
such transported gas, until such time as the Grantor is able to
obtain the actual gas purchase price; and, if the transportation
customer should refuse to pay the franchise fee on the estimated
or actual purchase price, and the Grantee is unsuccessful in
collecting the franchise fee, the Grantee shall not be obligated
to pay the franchise fee on the purchase price of transported
gas. However, the Grantor shall be authorized to file suit in
its and the Grantee's behalf to collect the franchise fee on the
purchase price of transported gas.
Notwithstanding any other provisions of this Section 14, in
the event Section 182.025 of the Texas Tax Code is amended to
provide that the aggregate amount which a City may charge a
public utility for the use of its streets, alleys and public ways
may exceed the equivalent of three (3 %) percent of the gross
receipts of such utility within such municipality, the City may,
upon sixty (60) days' written notice to the Grantee, increase
prospectively the amount of compensation provided for in this
Section 14 to an amount not to exceed that established by said
Section 182.025 as amended.
Provided, further, that in the event the franchise fee by
any franchised public electric utility shall exceed three (3 %)
percent, then IN SUCH EVENT the Grantee shall, within the thirty
(30) days of being so notified, increase its franchise fee
payment a like amount.
SECTION 16. It is hereby officially found and determined
that the meeting at which this ordinance is passed is open to the
public as required by law and that public notice of the time,
place, and purchase of said meeting was given as required.
PASSED AND APPROVED this the �' day of A� ,
1995.
M A I V M
ATTEST:
aw* ) h LAAA".
0 City Clerk
k�AHIBil' A
LONE STAR GAS COMPANY RATE SCHEDULE NO. 200
ESTABLISHING SIC ODES FOR DETERSIINItiG RATE ELIGIBILITY
(1) Any customer who has a Standard Industrial Classification Code of 01, 02, 07, 08, 09, 15, 16, 17, 40 through
49 (except electric generation) and all above 49, will be considered commercial customers and receive service
under the Residential - Commercial Rate. (Exception - See (2) below).
Classification Codes are identified as follows:
01. Agricultural production - crops.
02. Agricultural production - livestock.
07. Agricultural services.
08. Forestry.
09. Fishing, hunting, and trapping.
15. Building construction - general contractors and operative builders.
16. Construction other than building construction - general contractors.
17. Construction - special trade contractors.
40. Railroad transportation.
41. Local and suburban transit and interurban highway passenger transportation.
42. Motor freight transportation and warehousing.
43. U.S. Postal Service.
44. Water transportation.
45. Transportation by air.
46. Pipe lines, except natural gas.
47. Transportation services.
48. Communication.
49. Electric, gas, and sanitary services. (Except Electric Generation).
.-, 50. -51. Wholesale trade.
52. -59. Retail trade.
60. -67. Finance, insurance, and real estate.
70. -89. Services.
91. -97. Public administration.
99. Nonciassificable establishments.
(2) Any customer who has a Standard Industrial Classification Code as outlined in (1) above, may receive service
under the Schedule of industrial Rates, provided the customer has standby equipment for the use of other fuel
and capacity at least equal to that normally required by the customer, and fuel in storage in an amount adequate
to fulfill customer's fuel requirements during periods of curtailment, interruption, and discontinuance of gas
service.
(3) Any customer who has a Standard Industrial Classification Code of 10, 11, 12, 13, 14, 20 - 39 and 49 (electric
generation only) will be considered an industrial customer and receive service under the schedule of industrial
rates yDIM the customer's consumption during any month of its contract year is less than 125 Mef. A
customer whose consumption in any month of its contract year is less than 125 Mcf may elect to receive
service under the commercial rate at the end of such contract year.
Classification Codes are identified as follows:
10. Metal Mining.
11. Anthracite mining.
12. Bituminous coal and lignite mining.
13. Oil and gas extraction.
14. Mining and quarrying of nonmetallic minerals, except fuels.
.•, 20. -39. Manufacturing.
49. Electric generation only.
ORDINANCE NO. 98-95
ORDINANCE CLOSING HEAR-
ING AND FINDING CERTAIN
BUILDINGS AND /OR STRUC-
TURES TO BE DANGEROUS:
"COMMANDING PROPERTY
OWNERS TO DEMOLISH SAID
BUILDING AND /OR STRUC-
TURES WITHIN "THIRTY (30)
DAYS OF THE DATE OF THIS
ORDINANCE AND DECLAR-
I ING AN EMERGENCY, FIND-
ING AND DETERMINING ig Here)
'THAT THE MEETING AT
WHICH THIS ORDINANCE
WAS PASSED WAS OPEN TO
THE PUBLIC AS REQUIRED
BY LAW
ORDINANCE NO. 99-95
AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF
' WICHITA FALLS, TEXAS,
AMENDING CHAPTER 20,
"OFFENSES AND MIS -
CELLANEOUS PROVISIONS"
OF THE WICHITA FALLS
CODE OF ORDINANCES, BY
ADDING NEW SECTIONS;
CREATING OFFENSES OF
POSSESSION OF GRAFFITI
IMPLEMENTS, OF MINORS
POSSESSING AEROSOL
PAINT, CREATING GRAF-
,FITI, SELLING OR
(FURNISHING OF AEROSOL
PAINT TO MINORS, AND
!PROVIDING PARENTAL RE-
ISPONSIBILITY' FOR THEIR
CHILDREN IN CREATING
GRAFFITI; PROVIDING FOR
A GRAFFITI FUND; PROVID-
ING DEFENSES; PROVIDING
PENALTIES; REPLEALING
ALL ORDINANCES AND AMr&S
PROVISIONS IN CONFLICT
' HEREWITH; PROVIDING
�f1 FOR SEVERABILITY AND
SAVING CLAUSE; PROVID- ;_17 -96
ING FOR PUBLICATION;
PROVIDING FOR AN EFFEC- •' tSEAL)
TIVE DATE; AND FINDING `v
AND DETERMINING THAT
THE MEETING AT WHICH
THIS ORDINANCE WAS DIS-
CUSSED WAS OPEN TO THE
PUBLIC AS REQUIRED BY
LAW
.:gI2D1NANCE NO. 100 -9S
AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF
WICHITA FALLS, TEXAS,
GRANTING TO SAGI.NAW
PIPELINE COMPANY, L.C., A
CORPORATION, ITS SUC-
CESSORS AND ASSIGNS, A
FRANCHISE TO FURNISH
AND SUPPLY GAS TO INDUS-
TRIAL CUSTOMERS IN THE
CITY OF WICHITA FALLS,
WICHITA COUNTY, TEXAS,
AND THE ENVIRONS THERE-
OF; FINDING AND. DE -.
TERMINING THAT THE
MEETING AT WHICH THIS
ORDINANCE WAS DISCUSSED
WAS OPEN TO THE PUBLIC
AS REQUIRED BY LAW,
ORDINANCE NO. 101 -95
IORDINANCE WAIVING AP-
PENDIX A, SUBDIVISION
SECTION 9 (B) (2) (a) OF THE
CODE OF ORDINANCES WITH
RESPECT TO PLACING CURB
AND GUTTER ON THE
NORTHEAST SIDE OF
FRIBERG- COOPER ROAD,
ADJACENT TO THE SOUTH-
WEST LINE OF LOT 1, BLOCK
1, CRUMPLER ADDITION
ORDINANCE NO. 102-95
ORDINANCE WAIVING AP.
PENDIX A, SUBDIVISION
SECTION 9 (B) (2) (a) OF THE
CODE OF ORDINANCES WITH
RESPECT TO PLACING CURB
AND GUTTER ON THE
NORTHEAST SIDE OF
CLOVER LANE, ADJACENT,
TO THE SOUTHWEST LINE OF
LOTS 1 & 2, BLOCK 6, TYSON
SUBDIVISION
ORDINANCE NO. 103-95
ORDINANCE AUTHORIZING
HE CITY MANAGER TO
ENTER INTO AN ADDENDUM
PTO TH.E_. DEPOSITORY CON -
TRACT!,:WITH BANK ONE,
ru =J:C �NMMC- THE
Affidavit of Publication
THE STATE OF TEXAS
COUNTY OF WICHITA
700642047
On this 17 th day of nctober
A.D...... 19.9 5 .. personally appeared before me, the undersigned authority
Linda McCoy bookkeeper
for the Times Publishing Company of Wichita Fails, publishers of the Wichita Falls
Times /Record News, a newspaper published at Wichita Falls in Wichita County,
Texas, and upon being duly sworn by me, on oath states that the attached
advertisement is a true and correct copy of advertising published
in One ( 1 ) issues thereof on the following dates:
0 char 7, 1 9 9.5
Bookkeeper for Times Publishing Company
of Wichita Falls
Subscribed and sworn to before me this the day and year first above written:
ORDINANCE
ORDINANCE
I_
THE CITY MANAGER TO
ENTER INTO AN ADDENDUM j
PTO THE, . DEPOSITORY CON- 4
TRACT WITH BANK ONE,
tTHE TENDING THE
(PER TIME FOR 60
(DAY #"
ORDINANCE NO. 104-95
ORDI CE' WAIVING SEC-
TION .4 OF THE CODE OF
ORDI NOES TO PERMIT AL-
COHOLIC BEVERAGES DUR-
ING FALLSFEST IN LUCY
I PARK SEPTEMBER 29 -OCTO-
BER 1, 1995
ORDINANCE NO. 105-95
ORDINANCE WAIVING SEC-
TION 22- A(a)(2) OF THE CODE
OF ORDINANCES TO PERMIT
ANIMALS ON THE GRASS AT
LUCY PARK DURING
FALLSFEST SEPTEMBER 29-
OCTOBER 1, 1995
ORDINANCE NO. 106-95
ORDINANCE WAIVING SEC-
TION 25 -69 OF THE CODE OF
ORDINANCES TO PERMIT
THE OPERATION OF A TRAN-
SIENT SHOW AT THE MULTI-
PURPOSE EVENTS CENTER