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Ord 1415 1/20/1947 UNITED GAS CORPORATION Wichita Falls, Texas Tune 3, 1946 To the Hon. Mayor and Board of Aldermen City of Wichita Falls Wichita Falls, Texas Gentlemen: We have the honor of requesting an extension or renewal on our franchise in Wichita Falls which expires on July 19, 1946. Attached you will find a suggested ordinance which would be satisfactory to this Company if the Board approves our serving natural gas in Wichita Falls for the ensuing 30 years. This ordinance is in short form and is practically the same type of ordinance recently granted this Company by the cities of Iowa Park, Vernon, Chillicothe, and Childress, Texas. This Company would be pleased if this ordinance could be presented at your regular meeting Monday night, June 10. and your favorable consideration and early approval secured. Yours very truly, tJNI GAS EORPORATIOAT j R. W. I, ndsey, ni"on Manager RWL:g1 Attach. 1, ORDINANCE NO. 1415 AN ORDINANCE GRANTING A FRANCHISE TO THE UNITED GAS CORPOR- ATION, ITS SUCCESSORS AND ASSIGVS, TO INSTALL, OPERATE AND MAINTAIN IN THE CITY OF WICHITA FALLS, TE W, A PIPE SYSTEM FOR DISTRIBUTING GAS (NATURAL AND/OR ARTIFICIAL. AND/OR MUM) TO INDUSTRIAL AND COMMCIAL USERS IN THE CITY OF WICHITA FALLS, TEgAS; PROVIDING THE RIGHT TO THE SAID UNITED GAS CORPORATION TO USE THE STREETS, ALLM AND OTHER PUBLIC PROPERTY TO INSTALL, OPERATE, AND MAIN- TAIN ITS SYSTEM OF PIPES; PROVIDING THAT THIS FRANCHISE DOES NOT CONFER ANY McCLUSIVE RIGHTS; PROVIDING FOR THE AMOUNT OF MAIN TO BE IMENDED FOR ADDITIONAL CUSTOMISS ADDED; PROVIDING FOR THE RIGHT OF THE CITY TO DETERMINE TO ACQUIRE GRANTEE'S PROPERTY AND PROVIDING FOR THE DE- TEmaNATION OF THE PURCHASE PRICE THEREOF; PROVIDING THAT THIS FRANCHISE SHALL CONTINUE FOR A TERM OF TWENTY' (2O) YEARS; PROVIDING FOR THE ACCEPTANCE OF THE FRANCHISE BY GRANTL'E. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS s TEXAS: SECTION 1. The City of Wichita Falls. Texas, here- inafter called Grantor, does hereby grant unto United Gas Corporation and its successors and assigns, herein- after called Grantee, the right, privilege and franchise to construct, lay, maintain, operate, use, extend, re- move, 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, pipe lines, gas mains, laterals, conduits, feeders, regulators, meters, fix- tures, connections and attachments and other desirable instrumentalities and appurtenances necessary or proper for the purpose of transporting, distributing: supply- ing and selling gas (natural and/or artificial and/or mixed) 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 and conmmercial users within or without the corporate boundaries of said municipality. SECTION 2• During any periods of time in which the gas furnished by Grantee hereunder shall include artificial and/or mixed gas, the regular established rates of Grantee shall be based upon artificial and/or mixed gas having a total heat value content of 1,000 BTU per cubic foot, and said rates shall be adjusted proportionately for any variation in the BTU content of said gas by increasing or decreasing said regular established rates during any monthly billing period, in an amount equal to 1% for each 10 BTU by which the average total heat value content of the artificial and/or mixed gas is above or below 1,000 BTU per cubic foot during the previous monthly billing period. SECTION 3. Grantee's property shall be so constructed and maintained 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 ¢. At any time the grantee desires to make excavations along, across or in any of the streets, ave- nues, thoroughfares of said City, the grantee shall give the grantor prior notice thereof, and all streets, ave- nues, and sidewalks in any manner excavated or disturbed by the grantee shall be by the grantee, at its ova 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 5. Grantee shall hold grantor harmless from all expense or liability for any unlawful or negligent act of the grantee hereunder, its servants, agents, or employees. 2. SECTION 6. The Service furnished hereunder to said municipality and its inhabitants shall be adequate in all respects, considering all the circumstances, and shall be subject to such reasonable rules and regulations as grantee may make from time to time. Grantee may require reasonable security for the payment of its bills. SECTION 7. Grantee shall run or extend connecting pipes, pipe lines, service pipes, laterals, and/or its distribution system at its own cost and expense a suf- ficient distance to serve, at the property line of the user, all industrial and commercial users who shall ap- ply 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 antici- pated revenue from said prospective user or users, grantee may require from said prospective user or users a refund- able deposit of the cost of such extension in excess of the investment upon which a fair return will be produced. SECTION 8. At the end of five years from the effee- tive date of this franchise or at the end of any five year period thereafter, grantor may, upon giving grantee six months advance notice in writing, determine to ac- quire 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 prop- erty shall be the reproduction cost new thereof less observed depreciation, 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, and the determination of such committee shall be final. SECTION 9. Nothing herein contained shall ever be held or considered as conferring upon grantee, its suc- cessors and assigns any exclusive rights or privileges of any nature whatsoever. 3. SECTION 10. This franchise shall take effect upon, and continue and remain in force for a period of twenty (20) years from July 189 1946, provided that grantee has filed with the grantor a written acceptance thereof within ten (10) days after the date this franchise has been adopted and approved. ADOII , APPROVED AND DULY ENACTED this day of • . CITY OF WICHITA FA11S Mayor Alde Alderhan i t , Alde a Alderman Alderman Alderman ATTEST: Ci y Secretary 4.