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Ord 1067 8/24/1931 7i► ' ' f $-TIa � 3. 1 �-yv� ORDI tirNCE �:%. L�� AN ORDI1 AhCE FIXIXG TH 10 RATES TO BE CHARUED BY THE 1v7J1ii0I- PAL GAS C`jY.PA �iY OF IVIC,ITA FALLS, TEXAS, FAR NATURAL GAS SOLD TO DuME,STI C C DISUMERS 'NI ThIN THE CITY OF TI UttI TA FALLS , 1,VI C.tI TA COUi�TY , TEXAa , R�PEAL1ivG ORI)iv�AiICE Nu. 301 AND ALL OTHEh OR"DI- r41.TICES IN 00iiFLICT -iEREMITft: MEREAS, on the lltn day of September , A. D. 1920, the Board of Aldermen of the City of Wichita F 11s, Texas , p ;.ssed and the Uayor approved O •0Lina.nce No. 301, authorizing the 11ortu Texas Gas Company, to cna.rge, begi:.iaing September 21, 1 20, for natural gas furnished to domestic consu-Ilers within the City of Wicriita. F�.lis, w iciiit�. County , Tex ::s, trio sum of Seventy-five cen-us ( 7J ) gross per tnousa:nd cubic feet for natural gas for domestic purposes, provided however, to :t this rate should be suoject to discount of ten pore_ nt (10%11 if p,-,,.ym 'iit is made before -,ne 10tn da.,y of eL,,.cn .1Jritri for gas consumed. the, pro- ceeding moiAn; ,-ind the Municipal Gas Compa.,iy has cquired. trio prop- erties, fr-..nciiises, ,rid contracts of the :N;orta Tex ,s Gas Com- p,+.ny <<.nd did_ during the year 1923 filed an a_-plic ..tion 1A i-tn the Bor.rd of Aldl rmcn of tine Citiy of 'Nicnita. FP11s , for a.utii0ri"Gy to collect �, service cn,:zge or readiness; to serve charge of Fif- ty cents (5u? ) -.Der montil frc)m eactl ui its customers usi ig nut - ur<a.l gas in trio City of Vv'icnita Faiis, waicn s,=ldd_ a.ppiicauion was not acted upon by the se.dd Board of Aldermen; and trio sEt.id ajI:uriicipal ,ilroad Com- a. a R mis�;ion of the Sua.tc of Texas, under the provisions of the "Ups Utilities Lam7 , 11 wnien provides that where ua�iicipG.l government fails or refuses to act upon G�.n application for a. cna ;: in rc.tc-s for a period of Sixty (tO) days, tiie utility seeiri.ng the ch=-nge may appeal to the RadlToad Gomii.issi:;,n; and �1- w ' A t WHEREAS , aft...r due consider: Lion and afti r tie ring at- torneys for the gas company, and for the City of Wichita, Fails, the said Railroad Commission authorized by its order, onuered on the 29th day of December, A. D. 11)23, the said gas company on and after December 21, 1J23 , -And until otnerwise ordered, in addi uion to existing rates cn< rLed for n;-tura.l ga.s in the City of Wichita Fails, to cnarge rind collect for service to gas con- sumers in tiie City of Ficnita. Fails, the sum of Fifty cents (5u; -oer customer per wontri to be kn wn as a "customer is° charge . Bills rendered each month to each customer to include such charge in addition to tree ch<:.,rge made upon meter readings, and provid- ing that trie use of minimum charge be discontinued; cnd the wnole of the revenue derived from the cnarge trierein autnori zed should be retrained by the municipal Gas Company; and that if, -by any corn-cra.ct , decree of any court, or otiiert7ise said revenue snall become in -,.ny past the rev enue of the company or companies wiiich supply gt_�s to the Muhicip�U Gas Company, the cnarge of Fifty cen-us (500 ) per customer per montri should be .discontinued and said- order become void; and further providing tnat the assess- ment of such customer ciiarge snouid not apply to the service of indus-uria:l gas and that the collFction of a minimum cnarge from industrial customers be not ronibited by said order, and WHEREAS, the Lone Star Gas Company which at said date was furnishing natural ga.s to the municipal Gas Company na.s w.t tnis date acquired eitner directly or by and throu_-ri a, holding corp- oration known ��s "Lode Star Gas Corpor,­;tioii" all or practically all of the stock of the Municipal teas Company and no,, owns and nas owned for seven.:-1 years past the said Municipt.l Gas Company and na,s during said period of time received said Fifty cents 6*` (Duo ) customer 's cna.rgeIthe greL:�ter part tnereof; r.nd WhEREAS, tree said Lone Star rjas Company as tiie otr.rizer of the said Municipal Gas Company tv s dem.,.nded and received from s�,.id 41Sunlcipal . Gas Company tT.o-trlirds (2/3 ) of all _ponies re- ceived by said Company to compensate it for furilisning nacura,l gas at the City gate for distribution to the customers of said Municipal Gas Company u.ntii on or about December, 1930, on waica date a coritr,,.ct was ent-red into whereby Tne Lone Star Gas Company is to receive Forty (40¢ ) cents Per tnou- s •:nd. 1i000) cubic feet for domestic ga.s at cizy gate , z.a,nd_ ;hi ln ,i 71 NhEREAS, ge,s pipe lines are now purciiasing and. tra:zs- -oorting to the City of "Nienita Fails natural gas aild selling swine for a profit at rates rF,,nging from seventeen cents ( 40 ) per tuousaud cubic feet, to eleven. cents Ilia) per tnousa.nd cubic feet , and " ti��RAS, the present fair value of trie distribution pia.11t of the Muiilcipal Gas Com ;aiiy used and useful in the ser- vice of gas to its consumes witnin the City of 'Vicaita P,lis, Texas , does not exceed the sum of $6393,190.u5, a.nd WnEREAS , cuilsidering aii tile fac-cs and circurnsta:nces, the rote now cna.rged domestic consumers in tiie City of Wicni-ca Falls , is exorbitant, excessive , and unreasonable and naz been for a pefiod of several years preceding this date; and the s .id Lone Star Ga.s Company and the said Muiii ci pal Gass Company, wni ch in truth and in fact axe one and tree same , nave made enormous profits for their stock nolders from sucn excessive cua.rges, and 13,Ih R.t�AS, 01. or about' tree 30ti. day of April, A. D. 1931, the Board— of Ald.Armen of the 01-6y of A"cnita. Falls, requested the :2unicipal Gas Company to agree to a revision of its rate and reduce same to a, reasonable cnarge that would produce a re-curn upon the value of its propervy in the City of 'dicnita. F� 11s , used and useful in the puolic servicL , and dnER AS, s��ia juiii.cipa.l Ga.s Comp�,,,iiy after hG,v:Lug been given an opportunity to voluntarily reduce s�.id rate a,nd- to be ne<,rd upon tl:c question wnetrier or not said rat mould 'be re- -3" duced, did on or about the first day of June , A. D. 1931, re- fuse to reduce its r.a.te; but in writing proPosed to the said Board of Aldermen to substitute for the present rate c.ia.rged for gas furnisi�ed to domestic customers, a rrs.te waica was an increase over and above the present rate and agreecL to dis- continue the Fifty cents (30O) readiness t3, serve cna.rge , waicn in fact nas been illegally collecteu by saidCDmpany for several years, wnicn said proposed rate was to become effecuive June 1, 1931, if sane met with said. approval of tine Board of Aiderman, and Wh1'7MEAS, the said Board of Aldermen nerving i:.ivesti-- gated trie facts nd ascertained tnat the rate proposed by the said Municipal Gas Company is unreasonable; and tna.t a cna.rge of Fifty cents (500 ) gross, or a net cua•rge of Forty- five (450 ) c: _its per tnousaiid cubic feet to domestic custom- ers togeuner with a nini.num cnarge per customer of On - ($1. 00) Dollar ner mo.1th would produce a fair return upon the present fair value of the properry owned by the said Manicipal Gas Company, in the City of 'Picnita. F�:lis; and taa.t said ready to serve c.ia,rge of Fifty (30¢) cu-nUs can no longer be legally col- lected 'by said Municipal Gas Company, and wnereas, the caa.rter of the City of vicnita. Falls and tna "Laws of the St :j.te of Texas authorize and empower the Board of Aldermen to fix the rate to 'be cnarged by the s�.x.id gas company in the City of Wichita. R-11s; NOW, THEREFORE) BE IT CADAI ED BY TH BUARD 014' ALDrA- M.!+,N OF `I'H� CI' 'Y F FICriIiA FALLS , TEXAS: Section 1. Taut Mdilieipal Gas Company and the Lone Star Gas Com-aany shall be entitled to charge, beginningt .._V' day of f or n :tur gas furnisnc�d. to domestic consumers wit�iin the City of tiVicnita Falls, TjVic�iita. County, Texan, not more tnan the sum of Fifty 00 ) cents gross per thousand cubic feet for natura.i gas for domestic ourpos(D's; provided, now- ever) tnr.t this rl,t.,, sna ll b,� subject to a, discount of ten per cent (10',) if payment is made before the lOtn day of each mo.itn -Zl-- for gas consumed the preceding month and that a. minimum charge of One ($1. 00) Dollar per montn may be cnGrged for each domes- tic customer. Section 2. Tnat the said companies snap deliver sucn gas K", customers through meters to be furnisned by the co-ti-o cnies witnout cost to to e customers , provided the companies may rewire customers to mn.ke a reasonable deposit to secure the payment of moiht.ily bills waicn deposit shall draw interest at the rc.te of six percent (b%) per aznum, payable on the first day of January of eacn year. Section 3. Tnat the r-=.tes autnorized by tnis ordinance may be ch�-:rged ;�,nd collected by the Municip�..l Gas Company and Lone Star Gas Compc-cny until the expiration of the f r,_,ncni se granted to 11. 17. Banan rind_ his associates by the City of iicni.t,.. Falls, Texas, and now owned by Municip: 1 Gas Comp any and Lone Star Gas Company. Section 4. That Ordinance No. 301 passed. and approved on the lltn day of September, 1920, entitled "An O-rainclnce granting to Nortn Texas Gas Oompany the right to incre�a.se its rates for nat- ural gas sold to gas users witni�i the City of 'Michit«. Falls, 'lic_.ita. Court ;r, Tex<=.s, and fixing the pricy to be char,�ed by it for na,t= ural gas sold witnin acid City of Wicriita. Fulls, Texas, and am_,nei- ing 'An Ordinance giving and gra.,.ting to A.N. Bann, .is associ- ates and assigns the right to construct and operate gas works in the City of Wicn.ita, Falls, Texas, ::nd the rignt to lay mains and pipes and make connections in the streets .nd alleys of the City of Wicc.ita. Falls , and to do a,ll otner tnings neces .,ry to the operation of sLiid gas works, " ::,nd ail-L otn r 'Drd,_nr:nces in con- flict nerewitn, be, and the same, ��.re ner oy in all t figs repeal- ed. PASSED AND APPROVED t.ii s i- r y of D. 1931. ATT 'l: ��_"y 01-rk.