Ord 3843 10/20/1981r
9/10/81
ORDINANCE NO. 3843
ORDINANCE AMENDING ORDINANCE NO. 2244, WHICH
GRANTED A FRANCHISE TO LONE STAR GAS COMPANY,
BY ADDING A SECTION 6A TO MODIFY THE DEFINITION
OF THE TERMS "SERVICE LINES" AND "YARD LINES"
SO THAT THE COMPANY WILL BE RESPONSIBLE FOR
THE SERVICE LINES, AND BY AMENDING SECTION 6
THEREOF CONCERNING LONE STAR GAS COMPANY 'S
OBLIGATION TO EXTEND SERVICE.
WHEREAS , under its present franchise Lone Star Gas Company
owns and is responsible for the gas service line from the gas
main to the customer ' s property line; and,
WHEREAS , under the federal Natural Gas Pipe Line Safety
Act as construed by the Texas Railroad Commission, a gas
distribution company is responsible for a service line, and
Lone Star Gas Company has requested that the City amend
Ordinance No. 2244 so that it will be compatible with the
federal statute and regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN
OF THE CITY OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. As of the effective date of this ordinance,
and upon acceptance by Lone Star Gas Company of the provision
hereof, Ordinance No. 2244 shall be amended by adding a new
Section 6A to read as follows:
"Section 6A. Grantee is authorized to perform installation,
repair and replacement work on service lines, which are defined
as the supply lines extending from the Grantee ' s main to (1)
the natural gas user' s meter or the connection to the user' s
piping, whichever is farther downstream, or (2) the connection
to the user' s piping if there is no user meter. When Grantee
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does such work, it shall charge the user a reasonable fee
therefor. This authority does not extend to yard lines and
house piping. Yard lines are defined as the underground supply
lines extending from the point of connection with Grantee ' s
customer meter to the point of connection with user' s house
piping. Each natural gas user shall have the option to have
installation, repair and replacement of a service line done
either by Grantee or by a licensed plumber at the user' s expense.
Before doing any such work on a service line, Grantee shall inform
the user he has such option. In either case, all work and
materials must meet the minimum requirements set by Federal
Regulations and City Ordinances; provided, however, such
ordinances do not conflict with Federal Regulations. For rate-
making purposes, those parts of service lines installed on
private property shall not be included in Grantee' s rate base. "
SECTION 2 . As of the effective date of this ordinance,
and on acceptance by Lone Star Gas Company of the provision
hereof, Section 6 of Ordinance No. 2244 shall be amended to
read as follows:
"Section 6. Grantee shall run or extend connecting pipes,
pipe lines, 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
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for service, provided, however, that if any such extension
requires an investment by Grantee greater than that on which
it will earn a fair return from the anticipated revenue from
said prospective user or users, Grantee may require from said
prospective user or users a refundable deposit of the cost of
such extension in excess of the investment upon which a fair
return will be produced. Service lines, on the user' s
property, shall be installed, repaired and replaced, at the
user' s expense, in accordance with the provisions of Section 6A
hereof. "
SECTION 3. Enactment of this ordinance shall in no way
ever be construed so as to diminish or impair any user' s
ownership interest in service lines (or portions thereof)
installed prior to the effective date of this ordinance.
SECTION 4 . The terms and provisions of this ordinance
shall be deemed to be severable, and if the validity of any
section, sentence, clause or phrase of this ordinance should
be declared to be invalid, this same shall not affect the
validity of any other section, sentence, clause or phrase
of this ordinance.
SECTION 5. Except as heretofore and hereinabove changed
and amended, the terms, provisions, conditions and requirements
of the aforesaid franchise ordinance shall remain in full force
and effect.
SECTION 6. This ordinance shall become effective 30 days
after its passage if the Lone Star Gas Company files its
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written acceptance of the provisions of this ordinance within
60 days after its final passage, and upon acceptance, the
provisions hereof shall be binding upon the City and such
company, their successors and assigns.
PASSED AND APPROVED this the20th day of October 1981.
M A Y O R
ATTEST:
City C erk
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•# <..
STATE OF TEXAS §
COUNTY OF DALLAS §
WHEREAS, there was finally passed and approved on
October 20 , 1981 , Ordinance No. 3843 amending the Lone Star Gas
Company, Franchise Ordinance No. 2244 enacted by the City of
Wichita Falls, Wichita County, Texas on July 18 , 1966, of
record in the Minutes of the Board of Aldermen, by adding a
Section 6A to modify the definition of the terms "service
lines" and "yard lines" so that the Company will be responsible
for the service lines , and by amending Section 6 thereof con-
cerning Lone Star Gas Company' s obligation to extend service ;
WHEREAS, Section 6 of said amendatory ordinance provides
as follows:
"Section 6 . This ordinance shall become
effective 30 days after its passage if
Lone Star Gas Company files its written
acceptance of the provisions of this ordi-
nance within 60 days after its final
passage, and upon acceptance, the provi-
sions hereof shall be binding upon the
City and such company, their successors
and assigns."
AND, WHEREAS, it is the desire of Lone Star Gas Company,
a Division of ENSERCH Corporation, to comply with the above-
quoted provisions of Section 6 thereof.
NOW THEREFORE, premises considered, Lone Star Gas
Company, a Division of ENSERCH Corporation, acting by and
through its duly authorized officers, and within the time
prescribed by Section 6 quoted above, does hereby accept the
provisions of the above amendatory Ordinance No. 3843 in accor-
dance with its terms , provisions , conditions , and requirements,
and subject to the stipulations and agreements therein con-
tained.
WITNESS THE EXECUTION THEREOF, on this the /6-t7{- day of
, 1981 .
ATTEST: LONE STAR GAS COMPANY, A Divi-
sion of ENSERCH CORPORATION
BY AiLe . / .
Assistant Seczietary ice President
STATE OF TEXAS §
COUNTY OF WICHITA §
CITY OF WICHITA FALLS §
I , Wilma J. Thomas , City Clerk of the City of
Wichita Falls, Texas, do hereby certify that the above and
foregoing is a true and correct copy of a formal acceptance of
Ordinance No. 3843 finally passed and approved by said City on
October 20, 1981 , and of record in Book 24 of the Minutes of
the City; and I do further certify that said acceptance has
me as Clerk of
been duly presented to /the Board of Aldermen and filed in
connection with and as a part of said amendatory Ordinance No.
3843.
OF WHICH, witness my official signature and the seal of
said City on this the 2nd day of December , 1981 .
City Clerk
City of Wichita Falls, Texas
Affid f Publication
THE STATE OF TEXAS
COUNTY OF WICHITA
ORDINANCE NO.3842
(F AN ORDINANCE MAKING AN
APPROPRIATION FROM THE
AUDITORIUM AND AC-
TIVITIES CENTER FUND TO on this 17th — day Of November
ACCOUNT NUMBERS LISTED
BELOW,AND DECLARING AN
EMERGENCY. 1981 ORDINANCE NO.3843 A.D 1 personally appeared before me,the undersigned authority
ORDINANCE AMENDING OR-
DINANCE NO. 2244, WHICH
GRANTED AN FRANCHISE TO Wi.11etta Cope bookkeeper
LONE STAR-GAS COMPANY,
BY ADDING A SECTION 6A TO
MODIFY THE DEFINITION
OF THE TERMS "SERVICE for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls
LINES" AND "YARD LINES"
SO THAT THE COMPANY Record News, a newspaper published at Wichita Falls in Wichita County,Texas,and
WILL BE RESPONSIBLE FOR R
THE SERVICE LINES AND BY
AMENDING SECTION 6 upon being duly sworn by me,on oath states that the attached,advertisement is a true
THEREOF CONCERNING one � ,j
LONE STAR GAS COMPANY'S
OBLIGATION TO EXTEND and correct copy of advertising published in issues
SERVICE.
ORDINANCE NO.3844 thereof on the following dates:
ORDINANCE AMENDING
SECTION 32-21 OF THE CODE
OF ORDINANCES,TO REVISE
THE CRITERIA FOR UTILITY November 13,_,19n
DEPOSITS OF PERSONS 65
YEARS OF AGE OR OLDER.
i/iOta.)
Bookkeeper for Times Publishing Company
of Wichita Falls
Subscribed and sworn to before me this the day and year first above written.
(SEAL)
\s/
3 oy Reave
* ROY L.REAVES
Notary Public,State of T Se
My Commission Expires Nov.30exas -�,1 S
S.S.44642-2662
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