Ord 784 7/19/1926ORDINANCE NQ,
minAncM G7ANAM TV UPHIN WE
COPPMATION. ITS sUcaswary AND AVII&ST THE 711Mv
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Tr UNITNUA X77 J 1070D 07 TITNTY 7072o
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1, he Up,, I,C CoMpary of TeyZU, JQ EV30CELM4
L,Ipn0 1v hareLW grantea un d elvan the rt;ht, Privi1.L90
and franchise in W is t: Of libb" fully, TeyaE, ond over
the straM and MICA Wreof to transmit. tranzpart and
distribute, cruet and quInjain such cyLtem 02 it W dcerll
necaEouxW for the porWO Of M=vl"W, tran6portin; Ind
diEtributinE natural or Lrtificial eve tc the varlouS in-
duetrice cZ the Wd MY Of ""tv lu"'u, cuv.u, unj Sur thQ
,,rpove no, nequou, vxn, ounctruct, reconEtwet. Wintain, ME
and opurate In, ovcr, nnocr M crCLL tLe preecAt rand future
streete, WhAW. alleyu, Winn, nrd rub1tv 'Ovt " buld
UK, of NAM10 pallp, Mno, QPee, pire Mue or any Mhcr
eyltw &1 44, wvr�; rf 1 proziltim, Vopwrtino an?
tributirg rue is pn ;,w ArKstries W ar"01101 -w
taining Euitoble uptom thercsor, yith U11 the nuovULury
and desirablo appWonances including reguluting
ulatluns, vent pipeE thereto. gate WIVOW
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gauges, stop boxes, marxholes, mains, low, intermediate and
high pressure mains, pipes, feeders, service pipes and conduit
and service ripe extension and such other things as may be
necessary for Lase in operating said system for the purpose of
transmitting, transporting, conducting, conveying and delivering
gas into, within, through and out of the City of Wichita Falls,
Texas, and of supplying such gas to the city of Wichita Falls,
Texas, and the industries thereof, including corporations,
industries, and manufactories therein for light, heat, power
and other• purposes, it being expressly understood that all
and singular the rights, privileges and franchises herein
granted and conferred upon the Upham Gas Company of Texas
are so Rranted and conferred not merely with reference to natural
gas but also with reference to the manufacture of both natural gas
and manufactured gas as per terms hereinafter set forth.
2. it is further agreed that the said The 'Upham Gas
Company of Texas Jr. laying its pipes, mains and in installing its
system for transmission, transporting, conveying and delivering gas
to the various industries in the city of Wichita Falls, Texas, shall
so construct said system and lay said pipe lines and mains so as to
interfere with the use of t"e said streets and alleys of said city
as little as can reasonably be done and when said pipe lines, mains,
and system have been installed said streets and highways shall be
replaced in as good condition within fifteen days as before same
were disturbed by laying said mains, pipes and installing said
system, transmitting, transporting, distributing and conveying gas
as hereinbefore provided and that said The Upham Gas Company of
Texas shall interfere with the use of said streets and alleys of
said city av li Ale as possible in constructing and maintaining
regulating systems, vent pipes therefor, gate valves, gauges, stop
boxes, manholes, lows intermediate and high pressure mains, pipes,
feeders, service pipes, conduit and service pipe extension, provided,
however, that said company shall peep said streets so repaired for a
period of one year after said pipe lines have b --en laid.
3. Upon request of any person, joint stock a=sociation,
partnership or corporation, operating an industrial plant in said.
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city of Wichita Falls on which are situated buildings in which
said person, joint stock association, partnership or corporation
contracts with The 'Upham Gas Company of Texas to use gas, the
lines on whose premises shall be along the route of any main of
said The Upham Gas Company of Texas and abutt on the streets or
nublie road so occupied by said main, The Upham Gas Company of
Texas shall at its own cost and expense construct a service pipe
of proper size and capacity from such main to the curb line in
front of said premises to furnish such person, joint stock
association, partnership or corporation connection with such
mains of said company. Said Company shall not be required in
any instance to extend existing mains a distance of more than
six hundred yards to supply any person, joint stock association,
partnership or corporation with pas, such extension to be at the
expense of said company and in no instance shall it be required
at its expense to extend any such main R greater distance than
six hundred yards for each customer contracting to use gas as
aforesaid. In those cases wherein said company is required
hereunder to extend its mains not exceeding said six hundred
yards aforesaid, provided that said company shall never be
required to connect or allow any connection for any service
pipe with any intermediate or high pressure mains and further
providing that said company shall not be required to run any
service ripe from any main to any curb except at right angles
to such curb and mains, the grantee shall never be required
at its expense to lay or construct any service pipe extension beyond
the curb lines of any streets or alleys. The entire expense for
labor and material for such service pipe extension beyond the curb
line of any street shall be borne solely by the persons, joint stock
association, partnership or corporation or industry or manufacturing
concern or any other customer desiring same. However, the said
company at its option and without obligation hereunder may construct
said service .,ipe extension from the curb lines to the point desired
by such consumer with necessary connection to the meter provided such
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consumer shall first deposit with said company the reasonable
estimate coat of labor and material required n constructing
such service pipe extension beyond the said curb line and out of
such sum so deposited said company shall first pay all costs of
all labor and material used in the construction: of said service
pipe extension beyond the curb line, together with a reasonable
sum for overseeing such construction and the remainder of such
sun, if any, shall be by it promptly returned to such consumer
depositing same. The said The Upham Gas Company of Texas shall
not be required to furnish gas to any person, joint stock
association, partnership, corporation, industry or factory unless
and until such person, joint stock association, partnership or
corporation, industry or factory shall have properly piped the
premises in which gas is desired as required by said city and
certificate thereof furnished to said com-,any showing that said
premises have been properly equipped and properly piped and ap.
pliances have been installed therein for the reoetation of gas
therein and thereon before the said The Upham Gas Company of Texas
shall be required to furnish gas to such proposed customer.
4. The said The Upham Gas Company of Texas shall
never be regai-eed to furnish or continue to supply gas to any
customer when the designated official or inspeot-.or of said city
shall have reported to it the piping, appliane es, fixtures or any
part thereof on such consumer's premises as being improper, un-
suitable or unfit for gas to be supplied to or through the same
to such customer and in such event said company upon notice from
such official shall crease to supply gas to such customer without
notice until such pipe, appliance or fixture on such premises shall
have been properly repaired and approved by such official inspector
and certificate issued by him and furnished to the said The Upham
Gas Company of Texas showing the proper repairs of said pipe, ap-
pliance and fistures. The Upham Gas Company of Texas shall at all
times furnish gas to said industrial plants therof and persons,
joint stock associations, partnership and corporations therein
P, 5 .
requesting same, subject to the conditions hereinafter set
out so .far as commercially praotioable without undue interruptions
or fluctuations, provided, however, the said company shall not be
liable for interruptions or fluctuations in service caused by
acts of God, the public enemy, strifes, riots, burts of mains,
demunition or failure of supply of natural gas or other unavoidable
contingencies which could not ordianrily have been forseen and
prevented by said company.
5. Meters shall be furnished by The Upham Gas Company
of Texas as hereinafter provided. The said com')an7 shall have ac-
cess to customers# premises at all reasonable hours to install,
inspect, test or recd a meter and to repair, remove or replace the
,same or any property of said company situated on the customer's
premises, customers shall permit no one other than an agent, of-
ficial or employee of said company to install, change, remove,
connect or disconnect the meter or other properties of said com-
pany. The Com. -zany shall never be requ-ired to furnish gas or
services to any customer who is in default in the Payment for gas
or services furnished by said company either at the same premises
or elsewhere until the arrears have been fully paid and settled
for .
6. The Upham Gas Company of Texas shall furnish gas
to the industries of Wichita FaIls as per following schedule per
cubic feet on an eight ounce pressure bass to, -wits
Up to 5 Million per month 17 cents per 1,000 cubic feet.
5 to 10 n n u 16 n n n If If
10 to 20 n n ti 15 n to If n n
20 to 30 ►' n If 14 It n if p n
30 to 40 n n a 13 n n n n n
40 to 50 n n a 12 n n n n n
50 to 60 It n 11* It n n n n
60 Million and above " n 11 It n et n n
and it shall not be required to furnish gas to any industry using
less than five million cubic feet per month and shall never be
regdred to furnish industried of the city more than the aggregate
amount of thirty r1l lion f -et per day for any one day. The fore-
going schedule shall be the schedule charged for gas for a period
of five years, beginning; the first of September, 1926. At the
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expiration of five ,years the schedule shall be not less than
the foregoing schedule, but may be increased so as to make
reasonable return upon the investment of said Company in the
cost of thereafter furnishing gas to the industries in the said
city of Wichita Falls, which rate shall `be determined either by
agreement with the various industries using gas from said The
Upham Gas Company of Texas, or as provided by law.
#7. The Upham Gas Company of Texas shall never be
required to furnish to industries in the city of Wichita Falls,
Texas, more than thirty million cubic feet of gas per day for
any one day, nor shall it ever be required to furnish any consumer
of gas or industry that consumes less than five million cubic
feet of gas per month, nor which it be* been required to furnish
any consumer or industry with gas which is located more than
six hundred yards from its gas lines, provided it shall furnish
industries in said city with gas when such industries shall use
an aggregate amount of five million cubic feet per day in excess
of the said thirty million cubic feet maximum herein, and the
city shall ,give said company twelve months notice to so furnish
gas to said industries.
8, The said The Upham Gas Company of Texas -shall
have the right to excavate along, across or under any of the
streets or alleys or bridges in said city for the purpose of
laying tts pipes and mains and installing its system to furnish
gas to said city and the inhabitants there-ofand to lay its pipe lines,
stains and install its system across, under and on such streets and
alleys of said city.
9. The Upham. Gas Company of 'Texas in consideration
of this franchise agrees to begin and complete its pipe line
into the city of Wichita Fails within six months from date here.
of .
10. Rights and Franchises hereby granted shall con-
tinue for a period of twenty years from the date of the gbant-
Ing hereof.
11 1.
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