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Ord 109-86 2/17/1987 6 J • rt ORDINANCE NO. 109-86 ORDINANCE GRANTING A PERMIT TO LONE STAR GAS COMPANY, A DIVISION OF ENSERCH CORPORATION, ITS SUCCESSORS AND ASSIGNS, TO INSTALL, OPERATE AND MAINTAIN IN THE CITY OF WICHITA FALLS, TEXAS, A PIPE SYSTEM FOR DISTRIBUTING NATURAL GAS TO INDUSTRIAL, COMMERCIAL AND DOMESTIC USERS IN THE CITY OF WICHITA FALLS, TEXAS; PROVIDING THE RIGHT TO THE SAID LONE STAR GAS COMPANY TO USE THE STREETS, ALLEYS AND OTHER PUBLIC PROPERTY TO INSTALL, OPERATE AND MAINTAIN ITS SYSTEM OF PIPES; PROVIDING THAT THIS PERMIT DOES NOT CONFER ANY EXCLUSIVE RIGHTS; PROVIDING FOR THE AMOUNT OF MAIN TO BE EXTENDED FOR ADDITIONAL CUSTOMERS ADDED; PROVIDING FOR THE RIGHT OF THE CITY TO DETER- MINE TO ACQUIRE LONE STAR GAS COMPANY' S PROPERTY AND PROVIDING FOR THE DETERMINATION OF THE PURCHASE PRICE THEREOF; PROVIDING THAT THIS PERMIT SHALL CONTINUE FOR A TERM OF TWENTY YEARS; PROVIDING FOR THE ACCEPTANCE OF THIS PERMIT BY GRANTEE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. The City of Wichita Falls, Texas , hereinafter called "City" , does hereby grant unto Lone Star Gas Company, a division of Enserch Corporation, hereinafter called "Company" , and its successors and assigns, the right, privilege and permit to construct, lay, maintain, operate, use, extend, remove, replace and repair in, under, over, across and along any and all of the present and future streets, avenues, parkways, squares, alleys, thoroughfares, roads, highways, sidewalks, viaducts, bridges, streams , public grounds, public properties and other public places in the City of Wichita Falls, Texas, and any and all tracts, territories and areas hereafter annexed to, or acquired by and placed within the corporate boundaries of said municipality, a system of pipes, pipelines, gas mains, laterals, conduits, feeders, regulators, meters, fixtures, connections and attachments and other desirable instrumentalities and appurtenances necessary or proper for the purpose o f tran sp ortin g, distributin g, supplying g and selling natural gas for heating, lighting, power and for any other purpose for which gas may now or hereafter be used, to said municipality and to the industrial, commercial and domestic • r , users within or without the corporate boundaries of said municipality. Such right, privilege and permit herein granted shall be for a term of twenty (20) years from and after the effective date of this ordinance. SECTION 2 . Company' s property shall be so constructed and maintained as not to interfere unreasonably with traffic over the public thoroughfares of the City, and the same shall be laid in accordance with the lines and grades established by the City, all pipes to be laid a sufficient depth as not to interfere with the grading and maintenance of streets, avenues, thoroughfares and other public places. Company shall promptly move all pipes, mains or laterals, at Company' s expense, if a conflict exists with proposed City improvements, unless such pipe, main or lateral is located in an easement acquired by Company from a third party. 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. When Company shall make or cause to be made excavations or shall place obstructions in any street, alley or other public place, the public shall be protected by barriers and lights placed, erected and maintained by Company; in the event of injury to any person or damage to any property by reason of the construction, operation or maintenance of the gas distri- -2- bution plant or system of Company, Company shall indemnify and keep harmless City from any and all liability in connection there- with. SECTION 5. The service furnished hereunder to said muni- cipality and its inhabitants shall be adequate in all respects, considering all the circumstances. Company shall maintain its property, equipment and appliances in good order and condition. SECTION 6 . In addition to the rates charged for gas supplied, Company may make and enforce reasonable charges for services, supplies and equipment which are not established in the City' s rate ordinance, and may make and enforce reasonable rules and regulations for services rendered in the conduct of its business , and may require, before furnishing service, the execution of a contract therefor. SECTION 7 . Company shall be entitled to require from each and every consumer of gas , before gas service is commenced, a deposit in an amount calculated pursuant to Company' s Quality of Service Rules as may be in effect during the term of this franchise. Said deposit shall be retained and refunded in accord- ance with such Quality of Service Rules and shall bear interest, as provided in Article 1440a, Revised Civil Statutes of Texas , as it may be amended from time to time. Company shall be entitled to apply said deposit, with accrued interest, to any indebtedness owed Company by the consumer making the deposit. SECTION 8 . Company shall run or extend connecting pipes, pipelines, laterals, and/or its distribution system at its own cost and expense a sufficient distance to serve all industrial, commercial and domestic users who shall apply for service, provided, however, that if any such extension requires an invest- ment by Company greater than that on which it will earn a fair return from the anticipated revenue from said prospective user or users, Company may require from said prospective user or users -3- a refundable deposit of the cost of such extension in excess of the investment upon which a fair return will be produced. SECTION 9 . 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 Company. The consumer shall own, operate and maintain all yard lines and house piping. Yard lines are defined as the underground supply lines extending from the point of connection with Company' s customer meter to the point of connection with consumer ' s house piping. Whenever Company excavates or disturbs private property, Company shall, at its own cost and expense, restore the same to its original condition, as nearly as practical. SECTION 10. At the end of five (5) years from the effective date of this permit or at the end of any five (5) year period thereafter, City may, upon giving Company six (6) months advance notice in writing, determine to acquire the property of Company necessarily used in or conveniently useful for the operation thereof, in the City of Wichita Falls . The purchase price of said property shall be the reproduction cost new thereof, less the observed depreciation therein, as determined by a committee of three engineers, one appointed by City, one appointed by Company, and the third selected by the first two thus appointed. The decision of a majority of said committee of engineers shall be sufficient to make the determination. Such decision shall be in writing, supported by the fact findings rendered after reasonable notice and hearing. If either City or Company be dissatisfied with the determination made by said committee of three engineers , then either one, or both, shall have the right, within thirty (30) days from the date said committee of engineers has made its determination, to institute a suit in a court of competent jurisdiction in Wichita County, Texas, to set aside or enjoin the enforcement of said decision on the grounds that the said determination is a result of fraud or -4- I misconduct, or that the determination of the reproduction cost new and/or the amount of observed depreciation in said property is arbitrary, erroneous or contrary to the facts. The court trying any such suit shall not be bound by the award of said committee of engineers but shall try the issue according to the law and rules obtaining in ordinary civil suits. If such a suit is not instituted within the time aforesaid, then the decision of the said committee of engineers shall be final and binding upon both City and Company. SECTION 11. Nothing herein contained shall ever be held or considered as conferring upon Company, its successors and assigns, any exclusive rights or privileges of any nature what- soever. SECTION 12 . This permit shall be effective thirty (30) days after final passage and shall continue and remain in force for a period of twenty (20) years thereafter, provided that Company has filed with City a written acceptance thereof within sixty (60) days after the date this ordinance has been adopted. SECTION 13 . In conformity with Section 121 of the Charter of the City of Wichita Falls , this ordinance is on the 16th day of December, 1986 , introduced and it is directed that a public hearing shall be held on the 6th day of January, 1987 , at 8 : 30 o' clock a.m. in the Council Chambers , and the City Clerk is directed to publicize this ordinance in full in a newspaper of general circulation published in the City of Wichita Falls, and two weeks thereafter this ordinance may be acted upon. This ordinance was published in the Wichita Falls Record News on the 22nd day of December, 1986 , and a public hearing was held on January 6 , 1987 . A public written report containing recommendations concerning this ordinance was made to the City Council by the City Manager and the ordinance was officially published in final form in the Wichita Falls Times on the 1st -5- day of February, 1987; more than two weeks having elapsed after said publication, this ordinance is finally PASSED AND APPROVED on this the 17th day of February, 1987 . M A Y O R VA44/11 /1/4) ATTEST: 1 yz/1_1 • ,-71Z,hitd- City Clerk -6- IhIL Ad 199219 ORDINANCE NO.8-87 ORDINANCE CHANGING THE DATE OF THE FIRST REGULAR COUNCIL MEETING IN MARCH FROM MARCH 3, 1987 TO Affidavit to Publication MARCH 5, 1987. ORDINANCE NO.9-87 AN ORDINANCE REZONING LOTS 1-A&1-B,BLOCK 2,CITY a s t e CONCRETE INC. ADDITION, THE STATE OF TEXAS • WICHITA FALLS, TEXAS, FROM A) GENERAL COMMERCIAL TO COUNTY OF WICHITA HEAVY COMMERCIAL ZONE. ORDINANCE NO.10-87 AN ORDINANCE- CHANGING. +` OF THE NAME THE PORTION OF 16th March ALEXANDRIA ROAD'LYING BE- On this day of TWEEN JOHNSON ROAD AND 1987 ORDINANCE NO.11-87 KELL BOC . A.D personally appeared before me, the undersigned authority ORDINANCE WAIVING SEC- TION Dar ice 22-1,SUBSECTION(a)(9) OF THE CODE OF ORDINANCES TO ALLOW THE POSTING OF; for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls ADVERTISING MATERIAL. i ORDINANCE REPEALING EALING ORDI-7 Record News, newspaper published at Wichita Falls in Wichita County, Texas, and ecor ews+ NANCE NO.94-86,WHICH AP- PROPRIATED TWO MILLION, upon being duly sworn by me, on oath states that the attached, advertisement is a DOLLARS FROM GENERAL FUND 1 EQUITY FOR THE RIVERWALK true and correct copy of advertising published in_ ONE 1 PROJECT,AND REPEALING RES- OLUTION NO. 14-87, WHICH APPROVED APPRAISAL AND issues thereof on the following dates: AUTHORIZED PURCHASE OF 51 March 9, 1987 PARCELS OF REAL PROPERTY FOR THE RIVERWALK PROJECT. ORDINANCE NO.109-86 ORDINANCE GRANTING APER- ! � � (� 0) + �� MIT TO LONE STAR GAS COM- L f PANY, A DIVISION OF ENSEARCH CORPORATION, ITS SUCCESSORS AND ASSIGNS,TO Bookkeeper for Times Publishing Company - INSTALL, OPERATE AND MAIN TAIN IN THE CITY OF WICHITA - __ of Wichita Falls FALLS, TEXAS, A PIPE SYSTEM FOR DISTRIBUTING NATURAL 3 E A L) GAS TO INDUSTRIAL, COM- MERCIAL DOMESTIC USERS _ _ __ _ _ Subscribed and sworn to before me this the day and year first above written. IN THE CITY OF WICHITA FALLS, TEXAS; PROVIDING THE RIGHT y TO THE SAID LONE STAR GAS COMPANY TO USE THE STREETS, ALLEYS AND OTHER ,i _ 4. PUBLIC PROPERTY TO INSTALL, OPERATE AND MAINTAIN ITS TT TS c s SYSTEM OF PIPES; PROVIDING. Texas 1-.c ;I THAT THIS PERMIT DOES NOT I i c �, CONFER ANf -EXCLUSIVE Expires ,y, s, RIGHTS; PROVIDING FOR THE AMOUNT OF INFT.O`BE EX- TENDEd Fa AbDDI'fl llFfAL-CUS- TOMERS• l�gD i-POYIDING FOR THE.Rl HT OF THE CITY TO - DETERMINE-TO ACQUIRE LONE STAR GAS COMPANY'S PROP-. - .ERTY AND PROVIDING FOR THE I ; 1 DETERMINATION OF THE PURCHASE PRICE THEREOF; PROVIDING THAT THIS PERMIT 1-. SHALL CONTINUE FOR A TERM I OF TWENTY YEARS;PROVIDING FOR THE ACCEPTANCE OF THIS - • PERMIT BY GRANTEE. 4. RECEIVED IN r;) ;C`ERK'S OFFICE i_L __a-- (7-g 7 q ` off E?-- By----- Time .