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Ord 1177 10/22/1934 AN ORDINANCE GRANTING TO T JITT T II TTA FAT,LS GAS COMPANY, UNDER STNE ) T 0 ITCTTP:RSON DC ',S BT7 SS, AN7 AND S7 TI, T. J. TTU 7,Tla,1E TTT3 F-,,i,IRS AND ASSIGNS, 717 RIC74TS., PRIVT1J7,G7,S., 7RAVC7TSEt cTrND LICENSE OVER, OY t'_CRO,S"�� 7-TE STREETS 173 _�- T 71YZ 0,7 THE IT CO' TRAN-)YIT., TPU1_1- P,3 T, 1,71' 1, TRIBU I (IT 1TA F� LLS, TE',IA3, 0a 3 TE, OF L-1 ERECT .'K'L) 1,,,`zINT.1111N A SY13TE1,,`, NECESSARY .1 OR THE PURPOSE OF DIS- TRIBUTING NkTURAL Oa ARTLr!GILL GAS '20 CITIZjEN6 AND RESIDENTS OF WICitIT-A FALLS, INGLUDIJING LIOME,6TIC, COmKoRCI-AL AND INDUSTRIAL CUSTOM1E,RS THEREOF AND INCLUDING THE CITY ITSELF, FOR THE PURPOSE OF FURNISHING FUEL, HEAT, LIGHT AND POW-ER AND PROVIDING FOR A SCHEDULE OF REASONABLE CHARGES AND FOR THE COMPLETION OF ITS PIPE LINES INTO SAID CITY WITFIN A PERIOD OF 7 ELVE YONTHS FROM TEE FINAL PASSAGE OF THIS ORDINANCE, AND PROVIDING FOR A CON- TINUATION OF THIS FRANCHISE AND THE RIGHTS HEREIN GRANTED FOR A PERIOD OF' 25 YEARS FRO14 THE DATE OF ITS FINAL PASSAGE* BE IT ORDAINED by the Board of Aldermen of the City of Wichita Falls, Texas, that, WHEREAS, the city of Wichita Falls and its citizenship, for domestic use of natural gasp is being served by only one utility, and said utf-lity., in the judgment of the Board of Aldermen., is charg- ing to domestic customers arbitrary and unreasonable rates, and, in th.e judgment of t1,7e Board of Aldermen, it 1.9 pLc3vpntageous and to the best interest of the City and. its citizens to induce a competing company to enter the City of vv'icIrlita Falls and to grant to it a fran- chise for the purpose of distributing natural gas to domesticy com- mercial and industrial customers, and 1KNEREAS., the ',,A1Tichita Falls Gas Company., under which name and style T. J. Hutcherson does business# has agreed to furnish gas to the gas consumers of Falls, Texas, at and for the rates shown in Schedule I hereto attachedo under and subject to the terms, stipulations and conditions contained in this franchisep which rates contained in said schedule are materially lower than the rates charged for gas by the gas companies now furnishing gas to the citizens of '0,41ichita Falls, and '477REA,S, tj-e said. vic'nita Falls CTRS CoTrran7 is unwilling to accept a franchise to furnish gas to the gas consumers cf ;,j!.c1.1,ita Falls., Texas at the rates shovin in 6chedule 1., if said aichita Falls Gas Company is obliged to pay in addition thereto, a rental for the use of the streets, alleys and public grounds of said City, and WHEREAS, in consideration of the low and reasonable rates which said Wichita Falls Gas Company has agreed to furnish gas to the gas consumers of ',vichita Falls, Texas, the Board of Aldermen of said City of Wichita Falls, Texas is willing to grant to the said ''uichita Falls Gas Company a franchise to furnish gas to the gas consumers of said City, by the terms of which franchise said Wichita Falls Gas Company shall not. be required to pay any rental for the use of the streets, alleys and public grounds in the City of "Atichita Falls, Texas, for and during the term for which said franchise is granted, as long as the rates for gas furnished under t'-is frar..c}-)Ise are not raised the grantee hereof above those shown in Schedule 1 hereto attached. TEEnEFORL, the 'o'dichita Falls Gas Company, under which name and style T. J. Hutcherson does business, his heirs and assigns, is hereby granted and given the right, privilege, license and fran- chise in the City of Wich.ita Falls, over the streets and alleys thereof, for a period of 25 years, free from any rental or charge for the use of the streets, alleys and public grounds in said City, provided the rates for gas furnished under this franchise are not raised by the grantee of this franchise above those shown in Schedule l hereto attached, to transmit, transport, and distribute, and to erect and maintain such system as may be necessary for the purpose of transmitting, transporting and distributing natural or artificial gas to tre residents and citizens of IIlichita Falls, and to the City, inclu inq- ^11 c,a.stomers, domestic, commercial and industrial, and for such purpose said grantee, his heirs and assigns may acquire, own, construct, reconstruct, maintain, pro- cure, and operate on, over, under and across the present and any future streets, highways, alleys, bridges, and public ways of said City, pipes, pipe lines, or any other system for the trans- porting and distributing of gas to such customers and to do all things necessary for the erection and maintenance of a suitable system therefor, including the necessary, 3.ncidental and desirable appurtenances, such as regulating stations, vent pipes, gate valves, gauges, stop boxes, manholes, mains, low, intermediate, and high-pressure mains, pipe, feeders, service pipes, and conduit and service pipe extensions, meters, and measuring devices, and such other things as may be necessary or incidental for use in the operation and ms.intenar.ce of said transportation system, and such other devices, apparatus, and machinery as may be necessary for the transportation and delivery of gas into, within and through the City of '4ichita Falls, and for the connection of its lines and transportation system with the residences, buildings, commercial and industrial establishments which may consume the same, it being understood that this franchise grants not only the privileges hereinafter enumerated, for the purpose of transporting and delivering natural gas, but also for the manufacture and trans- portation of artificial gas. Said company shall have the right to excavate along, across or under any of the streets or alleys or bridges of the City of Wichita Falls, for the purpose of laying its pipes and mains and installing its system to furnish to said City and the inhabitants thereof said. has, and to lay its pipe lines, mains, and install its system across, under and on such streets, alleys and public grounds in said City. The %,"lichita Falls Gas Company shall so construct said system and lay said pipe lines and mains so as to interfere with the use of said streets and alleys, bridges, and public ways of said. City as little as can be done, and when such lines, mains and system have been constructed and installed, the streets, high- ways, bridges and public ways shall be restored in as good con- dition, within 15 days therefrom, as before the same were disturbed by the laying of said lines and the construction of said systems and that the said Company shall interfere with the use of said streets and alleys as little as possible in constructing, main- taining, and regulating such system, vent pipes, ?ate valves, gauges, stop boxes, manholes, low, intermediate snd high pressure mains, pipes, feeders, service pines, conduit and service pipe extensions, provided, however, that said Company shall keep said streets so repaired for a period of .one year after the pipe lines have been ) aid , insofar as they relate to that portion of the streets which has been disturbed, in the construction of said system within the City of Wichita Falls and along and across its public streets, alleys, highways and bridges, the said Company, grantee of this franchise, agrees to hold the City harmless from any and 9.11 damage which may be caused to any person or property by reason of the con- struction or maintenance of said system, or any part thereof, and in the construction and maintenance of the same to provide for all proper safeguards to prevent injury to any person or to property. The Vdiclita Falls Gas Company shall not discriminate against any person, corporation, firm or association in the charge or service for such gas under similar and like circumstances, but this shall not preclude said company from establishing differ- ent rates as to different classes of customers, to writ, different rates as to domestic customers, different rates as to commercial customers, such as mercantile and similar establishments, and different rates as to industrial customers, and to customers using the same for the generation of power, and shall not preclude the said Wichita Falls Gas Company from establishing a graduated schedule of prices in accordance with the monthly consumption of said gas. The Wichita Falls Gas Company, at its own cost and expense, shall construct a service pipe of proper size and capacity from its main to the property line in front of the premises of the customer, and the entire expense for labor and material for the service pipe line extensions beyond. the property line shall be borne by the customer. The icr _ta Falls Gas Company shall, however, never be required to e3�tend its lines to supply any customer with gas wherein the repayment of such extension from such customer could not reasonably be anticipated within a period of eighteen months thereof ter, and the Wichita Falls Gas Company shall not be required to furnish gas to any customer until such customer shall have his premises properly piped under the requirements of the City of 'Nicb.ita F?.11s, and certificate thereof duly furnished this company. The JVichita Falls Gas Company shall have the right to make reasonable rules and regulations for the discontinuance of service to any customer, and to make such discounts as is reasonable or customary to insure the prompt payment of all bills. The right to the customer to receive uninterrupted service is subject to interruption or fluctuation in service, caused by acts of God, the public enemy, strikes, riots, burst of main, diminution., failure, or exhaustion of the supply of natural gas, or unavoidable contingencies or circumstances which cannot reasonably have been foreseen and prevented by the company. Meters shall be furnished by the company and the company shall have access to the customer' s premises at all reasonable hours to install, inspect, test, read., report, remove or replace the meters and the customer shall permit no one other than the agent, officer or employee of the company to install, change, remove, connect or disconnect the meter or other properties of said com- pany, and the company shall never be required to furnish gas or other service to any customer who is in default in the payment for gas or services, either at the same premises, or elsewhere, until the arrears have been fully paid. A schedule of the prices for domestic, comm,)rcial and industrial use is hereto attached, marked "Schedule . No. 1.911 and made a part of this ordinance, but such schedule is subject to reasonable change, based upon the conditions which legally enter into and form the basis of reasonable rates to customers; but the natural gas f-u.rnl-shed to customers under this franchise shall contain not less than 1,000 B. T. U. heat un-.ts per cubic foot, provided that if any change in the rate schedule hereto attached is made by the grantee of this franchise, or the successors or assigns of said grantee, within five years after this franchise shall become operative and effective, then and in that event the Board of Aldermen of the City of 'Niebita Falls shall have the right to vacate said franchise and declare it to be forfeited, and oust the grantee of this franchise, his success- ors and assigns, from the City of Wichita Falls and prevent the grantee, his successors and assigns, from using the streets, alleys and public grounds of the City of Wichita Falls for the purpose of operating, maintaining and selling gas in the City of Wichita Falls, or of keeping or retaining its lines and distributing system therein. In consideration of this franchise, the said Wichita Falls Gas Com7any agrees to fulfil, live up to, angry rerform the Statutes of the State of Texas with reference to a gas utility, and to comply with the provisions of the charter of the City of 'vVichita Falls with reference to public utilities# and additional thereto, it is agreed that unless the said Wichita Falls Gas Company shall within thirty days from the date of the final passage of this ordinance, begin in good faith an engineering survey of the City of Wichita Falls, employ- ing for said purpose a reputable firm of engineers, and unless actual construction be began on its pipe lines into the City of Wichita Falls within six months from the date of the final passage of this ordinance, and the same be completed into the City of Wichita Falls within twelve months from and after the final passage of this ordinance, then this franchise shall be null and void. This franchise may be terminated by ordinance at speci- fied intervals of not more than five years after the beginning of operations* in the event the City shall determine to acquire by condemnation or otherwise the properties of such utility, necessarily used in or conveniently useful for the operation thereof; and in the event the said City determines to acquire said properties, should the price not be agreed upon between the parties, the price shall be the original cost to date of purchase of said system, its additions and betterments. The location of all mains and connecting lines in the construction and improvement of said system shall be approved by the City Engineer of the Ci t7 of v.T! c;'r!'.ta Falls . This _franchise, as viell as -all of the rights granted hereunder, may be transferred under foreclosure proceedings or judicial sale, as well as voluntary conveyance, in either of which events the assignee shall succeed to all of the rights, duties, and liabilities of the Wichita Falls Gas Company. The rights and franchises hereby granted shall con- tinue for a period of twenty-five years from the date of the final passage of the ordinance granting the same. -- SCHEDU-E NO. ONE -- No. 1 Schedule for Domestic mates; From the time of the commencement of the delivery of Gas hereunder, a minimum of 2 ; thousand cubic feet of natural gas per month, and the requirementsof the customers in the City of Wichita Falls, the following rates for domestic Consumption are established for the first five years.- First 2-- MCF at 40¢ per MCF. Next 1'7-j MCF at 35 per MCF. Next 50 MCF at 30¢ per MCF. Next 100 MCF at 25¢ per MCF. Neat 150 MCF at 20V per MCF. Next 250 MCF at 18V per MCF. and all thereafter at 12V per L,1CF A minimum charge of $1.00 -per I,ionth. ------------------------------- To.2 Commercial and Industrial Use; The following schedule of rates per cubic feet on an eight ounce presure basis shall be used; Up to 5 „Anion per month, 17� per 10000 cubic feet 5 to 10 Million per Lionth, 16V per 11000 cubic feet 10 to 2e0 Millionper month, 15� per 19000 cubic feet 20 to 30 :Million per month, 14¢ per 19000 cubic feet 30 to 40 Million per month, 13� per 1.0000 cubic feet 40 to 50 Lvlillion per month, 12V per T-'yQpH cubic feet 50 to 60 lillion per month, llti per 11000 cubic feet 60 Million and above per month 11V per 10000 cubic feet. Provided the Company small not be required to furnish gas to any industry using less than Five million cubic feet per month and shall never be required to furnish industries of the City more than the aggregate amount of seven and one half million cubic feet per day. The presure shall be upon an eight ounce basis above atmms- pheric pressure, assumed at 14.4 pounds, and on an assumed temperature basis of 60 do�� ees F arenhei.t.