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Ord 2244 7/18/1966 • . ORDINANCE NO. o2A/171 AN ORDINANCE GRANTING A PERMIT TO THE LONE STAR GAS COM- PANY, 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, COM- MERCIAL AND DOMESTIC USERS IN THE CITY OF WICHITA FALLS, TEXAS ; PROVIDIING THE RIGHT TO THE SAID LONE STAR GAS COMPANY TO USE THE STREETS, ALLEYS AND OTHER PUBLIC PRO- PERTY 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 DETERMINE TO ACQUIRE GRANTEE'S PROPERTY AND PROVIDING FOR THE DETERMINATION OF THE PUR- CHASE PRICE THEREOF; PROVIDING THAT THIS PERMIT SHALL CONTINUE FOR A TERM OF TWENTY (20) YEARS; PROVIDING FOR THE ACCEPTANCE OF THIS PERMIT BY GRANTEE. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS: SECTION 1. The City of Wichita Falls, Texas, hereinafter called "Grantor, " does hereby grant unto Lone Star Gas Company and its suc- cessors and assigns, hereinafter called "Grantee, " the right, privi- lege 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, terri- tories, and areas, hereafter annexed to, or acquired by and placed within the corporate boundaries of said municipality, a system of pipes, pipe lines, gas mains, laterals, conduits, feeders, regula- tors, meters, fixtures, connections and attachments and other desir- able instrumentalities and appurtenances necessary or proper for the purpose of transporting, distributing, supplying 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 in- dustrial, commercial and domestic users within or without the cor- porate boundaries of said municipality. SECTION 2. Grantee' s property shall be so constructed and main- tained as not to interfere unreasonably with traffic over the public thoroughfares of said 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 and thoroughfares. SECTION 3. At any time the Grantee desires to make excavations along, across or in any of the streets, avenues, thoroughfares of said City, the Grantee shall give the Grantor prior notice thereof, . • . -2- and all streets, avenues, and sidewalks in any manner excavated or disturbed by the Grantee shall be by the Grantee, 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, sidewalks or thoroughfares. SECTION 4. Grantee shall hold Grantor harmless from all ex- pense or liability for any unlawful or negligent act of the Grantee hereunder, its servants, agents or employees. SECTION 5. The service furnished hereunder to said munici- pality and its inhabitants shall be adequate in all respects, con- sidering all the circumstances, and shall be subject to such rea- sonable rules and regulations as Grantee may make from time to time. Grantee may require reasonable security for the payment of its bills. SECTION 6. Grantee shall run or extend connecting pipes, pipe lines, service pipes, laterals, and/or its distribution system at its own cost and expense a sufficient distance to serve, at the pro- perty line of the user, all industrial, commercial, and domestic users who shall apply 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. SECTION 7. At the end of five years from the effective date of this permit or at the end of any five-year period thereafter, Grantor may, upon giving Grantee six months advance notice in writ- ing determine to acquire the property of Grantee 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 there- in, as determined by a committee of three engineers, one appointed by Grantor, one appointed by Grantee, 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 Grantor or Grantee be dissatisfied with the determination made by said committee of three engineers, then either one, or both, shall have the right, within thirty days from the date said committee of engineers has made its determina- tion, 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 re- sult of fraud, or misconduct, or that the determination of the reproduction cost new or/and 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 Grantor and Grantee. ` w • • • ' -3- SECTION 8. Nothing herein contained shall ever be held or considered as conferring upon Grantee, its successors and assigns, any exclusive rights or privileges of any nature whatsoever. SECTION 9. This permit shall be effective thirty (30) days after final passage and approval and shall continue and remain in force for a period of twenty (20) years thereafter, provided that Grantee has filed with the Grantor a written acceptance thereof within ten (10) days after the date this permit has been adopted and approved. SECTION 10. In conformity with Section 121 of the amended Charter of the City of Wichita Falls, Texas, this ordinance is on the ,Z7 day of June, 1966, introduced and it is directed that a public hearing shall be held on the 111 day of July, 1966, at P.M.'7: 1 in the City Council Chambers, and the City Clerk is directed to publish this ordinance in full in a newspaper of general circulation published in the City of Wichita Falls, Texas, and two weeks thereafter this ordinance may be acted upon. This ordinance having been introduced on the og/72',44 day of June, 1966, and having been published in a newspaper of general circulation in the City of Wichita Falls, Texas, to wit, the Wichita Falls Record News, one time, to-wit, on the 9-0J day of June, 1966, and a public hearing having been held on the /11Z741.- day of July, 1966, and two weeks after said publication having ela sed, this ordinance is finally passed and approved on this the day of � s 1966. MAYOR ATTEST: • City Clerk . Affidavit of Publication THE STATE OF TEXAS - COUNTY OF WICHITA (Paste Clipping Here) On this 11th day of July _ YTOU Au S^ OTH of A.D. .1966 . personally appeared before me, the undersigned authority PERTY TO INSTALL, OPERATE, AND MAINTAIN ITS SYSTEM OF PIPES; PROVIDING FOR THE AMOUNT OF 1 Parrish;MAIN r0 BE CUSTOMERS ADDED; PAD- , Katherine Parrish , bookkeeper VIDING FOR THE RIGHT OF THE CITY ' 1 T DETERMINE TO ACQUIRE GRAN- , TEE'S PROPERTY AND PROVIDING ; for the Times Publishing Company of Wichita Falls, publishers of the FOR THE DETERMINATION OF THE Ii PURCHASE PRICE THEREOF; PROVID- ING THAT THIS PERMIT SHALL CON- Wichita Falls Record News, a newspaper published at Wichita Falls in 'TINUE FOR A TERM OF TWENTY(20) 1 YEARS; PROVIDING FOR THE AC-;I CEPTANCE OF THIS PERMIT BY 11 Wichita County, Texas, and upon being duly sworn by me, on oath states GRANTEE. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICH- that the attached.advertisement is a true and correct copy of advertising ITA FALLS, TEXAS: SECTION 1, The City of Wichita Falls, i 1 / one l Texas, hereinafter called "Grantor," does j L hereby grant unto Lone Star Gas Corn- published 111. issues thereof on the following pony and its successors and assigns, hereinafter called "Grantee," the right, , dates: privilege and permit to construct, lay, maintain, operate, use, extend, remove, .Tune 29 1966 replace and repair in, under, over, • 9 • across, and along any and all of the present and future streets, avenues, park- , ways, squares, alleys, thoroughfares, roads, highways, sidewalks, viaducts, ! , ��% e_Af—�--Z. `Y.'�Z.La�"�' bridges, streams, public grounds, public properties, and other public places in Bookkeeper for Times Publishing Company City of Wichita Falls, Texas, and any ,.1 and all tracts,territories,and areas,here- of Wichita Falls after annexed to, or acquired by and placed within the corporate boundaries of i, said municipality, a system of pipes, ; pipe lines, gas mains, laterals, conduits, ; Subscribed and sworn to before me this the day and year first above feeders, regulators, meters, fixtures, con- nections EAL)and attachments and other de- written. sirable instrumentalities and appurten- ances necessary or proper for the pur- pose of transporting, distributing, supply- ing and selling natural gas for heating, 'r �" ,/•' /J lighting, power, and for any other pur- 1 s� pose for which gas may now or here- tit, ' Cr'c""',"'�"-� �L. �`r`-2'Z��r �Y �• after be used, to said municipality and to the industrial, commercial and domestic __ __ __ _ -. users within or without the corporate "`- '_ boundaries of said municipality. SECTION 2. Grantee's property shall be so constructed and maintained as not to interfere unreasonably with traffic over I SECTION 7. At the end of five years' the public thoroughfares of said City, and from the effective date of this permit SECTION 8. Nothing herein contained the same shall be laid in accordance l or at the end of any five-year period ' shall ever be held or considered as with the lines and grades established by I thereafter, Grantor may, upon giving , conferring upon Grantee, its successors the City, all pipes to be laid a sufficient n 1 and assigns, any exclusive rights or pri- writing six months advance notice in vileges of any nature whatsoever. depth, as not to interfere with the grad- ing and maintenance of streets, avenues I writing determine to acquire the property n- I SECTION 9. This permit shall be ef- of Grantee necessarily used in or con- I ffective thirty and thoroughfares. y (30) days after final roue l veniently useful for the operation thereof, pas- ! sage and a SECTION 3. At any time the Grantee approval and shall continue in the City of Wichita Falls.The purchase I and remain in force for a desires to make excavations along, across period of price of said property shall less the re- , twenty (20) provided or in any of the streets, avenues, thor- production cost new thereof, less the ob- years thereafter, oughfares of said City, the Grantee shall i served depreciation therein, as determin- that Grantee has filed with the Grantor give the Grantor prior notice thereof,i, ' a written acceptance thereof within ten ed by a committee nt three engineers, and all streets, avenues, and sidewalks� one appointed (ee days after the date this permit has ppoiee, by Grantor, one appointed been ado in any manner excavated or disturbed by by Grantee, and the third selected by adopted and approved. the Grantee shall be by the Grantee, at the first two thus appointed. SECTION 10. In conformity with Sec- its own cost and expense, restored to� - The decision of a majority of said corn tion 121 of the amended Charter of the their original condition,as nearly as prat- ! City of Wichita Falls, Texas, this ordi- makee the engineers shall be sufficient to nonce is on the 27th day of June, 1966, tical, whether the same shall be paved, Y make the determination. Such decision the introduced and it is directed that a pub- lic or gravel streets, avenues, side- shall be in writing, supported p walks or thoroughfares. 9. Pperted so the day ho Jul shah be held o. the 18th 9 fact findings rendered after reasonable, ' day of July, 1966, at 7:30 p.m. in the SECTION 4. Grantee shall hold Gran- l notice and hearing. If either Grantor or I City Council Chambers, and the City tor harmless from all expense or liability ! Grantee be dissatisfied with the deter- , for any unlawful or negligent act of the mination made by said committee of Clerk is directed to publish this ordinance Grantee hereunder, Its servants, agents Y c full in a newspaper in t City general Wichita three engineers, then either one, or both, culation published in the City of Wichita or employes. I shall have the right, within thrity days ! Falls, Texas, and two weeks thereafter i SECTION 5. The service furnished here- -from the date said committee of engin- I this ordinance may be acted upon, I under to said municipality and its in- eers has made its determination, to insti- Wilma J. Thomas habitants shall be adequate in all re- tute a suit in a court of competent juris- City Clerk spects, considering all the circumstances, 1 ! diction in Wichita County, Texas, to set --- - ------.- and shall be subject to such reasonable aside or enjoin the enforcement of said regulations as Grantee may make from 1 1 decision on the grounds that the said time to time. Grantee may require rea- ; determination is a result of fraud, or sonable security for the payment of Its misconduct, or that the determination of bills. the reproduction cost new or/and the SECTION 6. Grantee shall run or ex- amount of observed depreciation in said tend connecting pipes, pipe lines, service '. property is arbitrary, erroneous or con- pipes, laterals, and/or its distribution! trary to the facts. The court trying any system- at its own cost and expense a I such suit shall not be bound by the award sufficient distance to serve, at the pro of said committee of engineers but shall • perty line of the user, all Industrial, try the issue according to the law and commercial,and domestic users who shall rules obtaining in ordinary civil suits. If apply for service, provided, however,that such-a suit is not instituted within the if any such extension requires an invest- time aforesaid, then the decision of the j meat by Grantee greater than that on said committee of engineers shall be I which it will earn a fair return from final and binding upon both Grantor and. the anticipated revenue from said pros- Grantee. I pective user or users, Grantee may re- quire from said prospective user or users I a refundable deposit of the cost of such ;extension in excess of the investment upon !which a fair return will be produced., SECTION 7, At the end of five years!