Ord 103 9/4/1908 i
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S tr"'U.G t 111C1 01:or,,
t E) �. � 'Tor . in the (ilt�r Of julciiit',
Palls , �'i s, �:nd �_ e :c :il � �o mains aznd pipes,
and ii «i;:e c0,111ectiolls in file Str e -L' nd o-- tiie
city of Ficl':' ]At t malls, _l'iid t1 ) do ..11. O t !.Vt thii
neces3u.r�T to tho operation o ` sc iu " s
CRD 'I JD by the i;itl Cou.rlcil of the
+1.18) , y'(,1x "s ;
Section 1. 1il.lat tale Cite of � icliito -L"'all.s
hereby gives nand grants to R. " . Baha.n, 11is ar_,--ociates
and. a;.,-signs, the riv,)IL to construct and. operate gas
PdOrl':_u 'tiltt1111 t J1c, cOrr 01"�' t e lliill Lu Oi t.J.lti; 0i t�T, r:l JC t0
pipe gas into the City from any point without the CitJ,
and_ to use and sell such �:,Z)z aiid do aiid. perform any act
or thing perta inin- thereto which is necessU.ry for the
operati;io- of Sikh ;ca,S Works and Llle pi i 1 ;.Cld. S ;.le Of
/ such gas ��nd to erect ,all buildings, i-w,chi_ner',T did other
improveiiients incidents l to and necessary for Such purposes.
Section L, -0ormission is also hereby si-)ecially
given and granted. to said l,i. 'J. Faha.n, P-Is associates and
assigns to lo.`T all necessary pipes, mains, conductors and
connections beneath the surface in a.n� and a.,ll streets,
Salle; s, squ'-:j.res and p�zblic grounds of the. Cit and any
further addition thereto, and to so use €and occupy the
same for such purposes ; Provided. that all pipes, mains,
and connections shall be laid under such reasonable regula-
tions as meJ be prescribed b�;T the CitjT Council, and all
such pipes, ria a.in.s and connections shall be placed at least
eighteen inches belovj the established. gra.d.e for the streets
and. alle7Ts of the City.
Section 6. Said Bahan, his associates and
assigns are also given .ind. granted the right to erect
upon the streets and alleys of the said City, lump
posts and lamps for the rise by the said. Bahan and
associates and assigns and by the City and the Citizens
thereof: 'Provided. that the location of such posts
and lamps shall be subject to regulation by the City
Council.
Section 4. The said Bahan and his associates
and assigns are also given the 'right to excavate in
the streets, alleys and. public grounds of the, City
for the purpose of laying their said pipes, mains, con-
ductors and. connections , the City, however, reserving
the right to require the same to be laid in sii.ch portion
of sL�id. streets and alleys as will best subserve the
public interest.
It is, however, specially provided th&t all
streets_, alleys and. public grounds including., sidewalks,
street crossings and gravelled and paved streets shall
be restored by. the said Bahan and his associates and
assigns to their condition :before they were disturbed,
as nearly as possible, and that the same shall be done
i�
within a reason4ble time, not to exceed fifteen clays
at any one point and if at any time it develops that
any street or other place has not been properly restored,
it shall be again 'repaired, provided sL id repu..irs become
necessary in one year.
Section 5. The said Bahan, his associates and
assigns shall be responsible and shell hold the City
ha ile,s">5 for any and all damages which may be caused.
to any person by reason of any failure on their part
to properly excavate and restore the strr:ets arid. other
—/ public places to their former condition,or any failure
f
to provide proper safeguards to prevent injury to any
person while performing the work,
Section G. The said Bahan, his associates
and assigns shall also have the right to enter upon
any property within the City, in such manner as will
not be a legal trespass, for the purpose of placing
and repairing their pipes and. connections and doing -
any other necessary thing in the prosecution of their
business.
Section 7. It is hereby specially provided
that the said Bahan„Janda associates and assigns shell
furnish gas to all of the citizens of Wichita Palls
without discrimination except as hereinafter provided,
and that they shall be and are hereby authorized to
charge therefor as the maximum price the sum of fifty
cents per thousand cubic feet, but after the plant has
been in operation one year, a 10 per cent discount shall
be given on all monthly bills paid on or before the
loth day of the month following; provided, however,
that in the event the said Bahan and his associates 'and
assigns shall not be able to supply all the gas required
by the citizens of the City of Wichita Palls, that in
that event that said citizens shall be served in the
order in which they file their application for the same,
that is to say, the latest applicants shall be 'refused
in the inverse order of their application, and provided
and
`- further that the said Ba.han,4his associates and. assigns
shall have a right to lay their mains upon such streets
and alleys as they may think is necessary for the public
and where the consumers to be provided are sufficient
in number to make the line profitable, but it is expressly
and
provided that the said Bahan,/his associates and assigns
shall extend their mains to any settled. portion of the
City whenever the residents thereof" shall agree to take
and consume such an amount of gas in one year that the
value thereof at the maximum price herein fixed shall be
equal to 25 per cent of the cost of such extension.
--1
Section 8. The said Bahan, his associates
and assigns agree to put in the proffer connection with
their mains upon any street or alley and to lay the
necessary pipe to the property lines of any owner or
resident at the actual cost K the labor Dnd material r -
necessary to do so.
Section 9 . This franchise is granted upon
the express condition that the said Bahan, his associates
and assigns shall within thirty days from this date either
ther;isolves begin the boring; of the deep well it or near
Petrolia, Texas , or procure some other person or corpora-
tion to do so for the purpose of procuring « supply of
natural gas for use in this City, and shall within six
months from this date begin the construction of a. pipe
line from said point, or some other place where gas may
be procured, to this City, and shall within nine months
from this date have finished such pipe line to the said
City, and in the event they shall fail to comply with the
foregoing provisions, then this franchise shall at the
option of the City be forfeited..
Section 10. Said Bahan, his associates and.
assigns agree to furnish gas for 20 lights for the City
Hall, free of charge.
Section 11. This franchise shall be in force
for 25 years from the date of the passage hereof.
Passed this 3rd day of September, 1906 and
, :
approved this 4th day of September, 190€3.
EDGAR RYE T. B. NOBLE
City Secretary Mayor