Ord 125 10/2/1910 no date used Ord 141 date I k 0 t
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An ordinance to amend Ordinance , dumber 125
Qf ;tha.,o,rdinaaoaa .,v ' . the.,Clty of W clli a Falls, Texas,
CEdtip°t�,d ,t � day' of, 19 , grant=
ing and giving J. W, Culbertson, his associated and
t assigns the right to construct and operate gas worlds
in the City of Wichita Palls, Texas, and the right to
lay mains and pipe lines and make connections in the
streets and alleys of the City of Wichita Dial-Is, and �� m
r to do all other things necessary to the operation of
said gas works so as to aixthbrize' the skid J. W,
y
� r'a
Culbertson, his associates and assigns to fix a max-i-
mura charge` e i , " " i�tw .6r iT ou and ciubic Beet -fox,
xs: iln`' coniticans and term o'i' du.
ation.
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ICE IT ORDAINED TY THE BOARD OF ALM"11-M OF
Al
'fin !�'c 'Z *a !'il "t f {,�r,�;� {
yy THE CITY OF wlICHITA F l-LLZS, TE_'1 ,8.
Section 1. That the City Council of vTichita
galls hereby gives end grants to J. 7. Culbertson, his
"j associates and, assigns the right to construct and operate
� gas works withinthe 'corporate limits of 'ihe City of
'y
[[` f Wichita palls and. to use and. sell such gas and to do and
therm an acts or thins fol^ the ,.op"eration of such. gas
, 2.
' wor s and the piping,,, and sale of such 'gas and to erect all
� r
buildings, machinery and other 'improvements, incidental to
f k r
a.nd no,cessar y for such purposes.
r Section 2, Per.iission is also hereby specially
{ y, r ;
IC given and ,,ranted to said J. 'iT, Culbertson, his associates
and assigns, to la-V all, necessary pipes, mains, conductors <
`and connections beneath the s1i.rface in any and. all streets,
4
all es squares and Dublic grounds of the ofVi ehita " k=.
k l r 3���,{a .V ,)•_, ns �Nt 1N , y}in���'M3,... - x1: 0 W �' $�{qy�.
walls and any furthcr additinno thereto which maji
hereafter be platted, vnd to so nou ond occupy the
some for the purposes herein inutile d, provided that all
pipes, mning and connections shall be AM under such
reasonable regulations as may be prescribed by the City
Council of the City OT Wichita PAUS , and onch ji2es ,
mains cad connections shall be rlaced at least Q�Ltuerl
inches beneath the ustoblished nruic luz tic B0000:
End all of sQd city.
jectiou b. Said j, K, Unibertsun., his Uscociates.?
and assiSno aru also hereby granted the right to erect
upon toe struetv and alleys of s-")id CiLy Posts aid-
lamps for the so of sAd j. U. Culbertson, his associates
and assigns, and by the City of Wichita Fa Us and the
citizens thereof, provided that the erection of such
posts and lar11s oh,:,11 be sub juct to regulation by the
City Council; the said J. 04 Culbertson, his associates
and assigns to furnish to the City of WidAta falls , Texas,
gas for strowt lamps at the cost of One ( 01.00 ) Dollar
per mouth e'er Rup, provided said Umps are uithin tuenti-
M ML oZ Md Culbertson's mvins or pipes an lou preM;
sure lines ; and provided further that the said lamps shall
be of the size at least eqaal to the lamps now in use 011
the streets of said City. The said J. 7, Culbertson, his
associates and assiEns shoal ZvrAioh to tho City of
4ichita Tells , Texas, free fifty thousond cubic feet of
gas per moAth ion liZhtihE public parhs, in said City of
Wichita Polls. It is further provided !hat what gas is
furnished to the public school buildings in the City of
Achita Falls, Texas, shall be figured as one castoier
and shall be paid for in accordance with the rate for
domestic purposes,
;section The said J. Culbertson, I)is
associates c,.YiCt assi,(-;jjs are iie:celty -,,o riven tie r i�'i t
to excavate in tale streets a.ad alle-s and. -r pubTic grounds
of the City of ',Oic -L!'Gi P-110 for the purpose Of laying
their said pipes, mains, conductors End connections ; the
City of `,7ic_JhjAa Falls, however, reserving the to
recij3.ire the s��me to be laid in s-qcjj j)rotion of such
streets ,zid alleJ-s as ',,'J-ID- best- su"wserv(--,, the public
interest.
It is, howeve'_ry specially provided that 8,11
cl,ileys and. -public grounds, includingsidewa-U-ss,
streets,
street crossings and graveled and paved- streets Shall
be restored by the said J. W., Culbertson, his associates
and_ assigns to their condition before they were destro-v*ed,
as nearly as possible, and that the same shall be done
within .;, reasonable length of not to exceed ten
days at any one point ; and, if at any time, it develops
t1lat- any street or other place is not properly restored,
it 'shall again be repaired provided said repa.irs become
I
necessary in one year.
Section 5. The said J. ",". Culbertson, ilis
associates and assigns shall be responsible and shall
hold the City of ',,`ichita Falls, Texas harmless for any
and all da.ma.ges which may be caused to any person Or
property by reason of any fail-are on their part to proper-
ly excavate and restore the streets and. other public.
places x to their former condition, or any failure upon
their part to provide proper safeguards to prevent injury-
to any person vihile performing the work.
Section 6. The said J. 'W. Culbertson, his
associates and. assigns' shall also have a right to enter
-upon any property within the City of 7,i1ichita Falls in
such a, manner as will not be a legal trespass for the
purpose of placing and repairing their pipes and connec-
tions and doing any other necessary thi ).g in the prosecu-
tion of their gas business .
Section 7. It is hereby Bpecia.11-r provided
thc.t the said J. Culbertson, '11is associates and
assigns shall furnish gas to all of the citizens of
iWichita Falls without discrimination except as herein-
after provided, and that they shall be and �-.re hereby
authorized. to c;za,rge tnerc or as the maximum price the
sure of fifty cents per thousand cubic feet, but there
shall be a 10 per cent discount given on all monthly
bills paid on or before the loth day of the month follow-
ing; Provided, however, that in the event the said. J. 1.
Culbertson, his associates and assigns shall not be able
to supply all tie gas required by the citizens of the
City of Wichita Falls , that in that event Chet said
citizens shall be served in the order in which they file
their applications for the same, tliat is to say, the
latest applicants shy l]_ be refused in the inverse order
of their application; and provided. further that the said
J. "k"% Culbertson, his associates and assigns shall have a
right to lay their mains upon such streets and alleys as
they Tiny think is necessary for the public and where the
consumers to be provided are sufficient in numbers to
make the lime profitable, but it is expressly provided
that the said J. 1Y. Culbertson, his associates rind assigns
shall extend. their mains to any settled portion of the
City whenever the residents thereof shall agree to take
and constmie such an amount of gas in one year that the
value thereof ;ot the maximum price herein fixed shall
equal to 2b per cent of the cost of such extension.
- b
It is coat ernpl-at c d that gas furnished to
domestic cons,maers shell be (tarnished upon a. pressure
of six ounces to the square inch at the low pressure
station, beat in the event the pressure falls below six
ounces to the square inch without negligence upon the
part of J. W. Culbertson, his associates and assigns,
then, in that event, the failure to maintain the ,pressure
of six ounces per square inch shall be waive?.
2 OTIDED: That for a term of one year from
the going into effect of this ordinance, the said. J. 'J,
Culbertson, hi8 associates and aa3si gns shall charge not
to exceed forty cents per thousand cubic feet of Fa,s.
11ROVIDED: The said J. j. Culbertson, his
associates and assigns, shall be and are hereby authorized
to Male a minimum charge of fifty cents per month per
meter when any meter does not register sufficient gas as
will amount to fifty cents under the rates as herein fix-
ed, which, such charge shall be demonina.ted a service
charge,
Section 6 . the said J. W. Culbertson, his
associates and assigns hereby agree to put .in proper
connections in their mains upwn any street or alley
and to lay the necessary pipes to t_e proierty lines
of any manufacturing consumer where they are selling
him mansfac tur inn S s or 1.i'1, resident citizen where
they are selli n ; ka gas for d0mc_;'t;ic purposes.
Section J. This franchise is granted upon
the express condition Oat said J. .;'. Culbertson, his
associates and u,��J_ ;r!S, shall., within sin months frC=Il
1., date 'vCi1S franchise is "':ranted, begin 4ht, construct-
ion of a pipe line tom the point or place where Eas may
be proco2eG to this Cite, wjjich pipe line shall be at
least six inch pipe line , and shall, within twelve months
vo "finished such pilpo line, 111 Lo 'bTle
froaj, this, dz_�,_te Lia
City of 111c,11,9. And in the event the-.- oliLll Lc it
to comply vj_i -I',h t',-,ie loi,es,oii-q *provisions--, Lzien this -_Zran-
c1iise o.)tion o--,"' 'Cho Culity Co-Lu-icil, "Do -foriCeitued.
Section I.O. It is exprec-sly agreed- tint as long--
as said J. J. C-albertsoialk I'lis as, oci,.Jbes _rj Cj L3 -G o.,pei: e
-,,,ns
L" ,
in the Git 0-` "'Vic-Iii-tv �TLI __ls , 0, tlIA, Salo
sh,,,,ll be operated �,-Luider t-jils-
ments thoj_-oto -!s ', a-v- irom 11-10 tirle be tluo
City Co-i,ji-joi- oL LIJ(JI
of
Ur cl.i j-,Lc ri G e ';file I
t I J -1 L�, e, j-16, G-,xr i e veia t--
herein o,'ran'bed lend, (,)- --I I ,
-,-ive -Irollrl (L,1,-i.T oi
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