47-02 O - Lone Star Gas Franchise Agreement tAl)
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O;WXNANCL NO.
AN ORDINANCE GRANTING TO LUNE STAR GAS MOAN;CORPORATION, ITS SUCCE SSOiw AND ASSIGNS AFRANCHISE
TO FURNISH AND SUPPLY GAS TO THE '-. , LC
GA N��L PUBLIC IN
THE CITY OF PBOST' a, COLLIN COUNTY, TEXAS, AND Ti
ENVIRONS T EREOE t PROYIDTNG FOR THE PAYMENT OF A ICI:
OR CHARGE, FOcc T hE USE OF THE STR EV, ALLEYS AND
PUBLIC WAYS, AND PROVIDING THAT IT SHALL BE IN LIEU
OF OTh'ER FEES AND CHARGES, EXCEPTING AD VALOREM TAXES,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF PROSPER,
TeXAS:
SECTION 1. THAT TEL CITY or miosna, TEXAS, hereinafter called
"City", hereby grants to LONE STAR GAS COMPANY"Company", its successors and assi s , hereinafterid called
present and future streets, alleys,�highways,
to use and occupy the
thoroughfares and grounds of City for the publicf places, public
, constructing, operatingpurpose of laying, maintain-
lines and all other appurtenanatdrlacing therein and thereon pipe
and sellgas to equipment needed and necessary to deliver
persons, firms and corporations, including
public, within the City's corporate limits and the environs thereof,
eral
saiu consent being granted for a term of twenty-five after the date of tee final of ( years from and
Passage and approval, of this ordinance.
STCT'IoN 2. Company shall lay, maintain, construct, operate and
replace its pipes, mains, laterals and other equipment
as little as possible with traffic, and shall roetly so to interfere up
asstore to an approximate original condition, at its cost, all thorough-
fares
and other surfaces which it
mains, Pipes, laterals and other may disturb. The location of all
under the su appurtenant equipment shall be fixed
Pervision of the City Commission or au authorised committee
or agent appointed by said Commission.
SrCTION 3. When Company shall make or cause to be made excava-
tions, or shall place obstructions, in any street„ alley or other public
place, the public shall be protected
erected and maintained by barriers and lights placed
e r damage to a by Company; and in the event of injury to am
or maintenance of the gas distributing propertyreaso:� of the construction, operation.
Pony indemnify plant or system of Company, Com-
prey shallhil ineemni f.andokeep harmless City from any and all liability in
pany shall repair, clean up and restore, to an
approximate original condition, all streets and alleys disturbed during
the construction and repair of its gas distributing system.
SECTION 4. Company may mace and enforce reasonable rules and
regulations in the conduct of its business, and
re,
�'nishingg service, the execution of a contract therefor, and maybefore
each consumer, within the corporate limits of
the installation of ail service pipet City, into the (;treat for
alley to and throughout the consumer's premises; annd Comha street or
have
the right to contract with each consumer with reference to theyall installa-
tion of service pipes and the control of service i _tion thereof with Coepar�y's main in the streets or as leysoto andcinclud-
ing the meter located on the consumer's premises. Service lines are
defined as supply lines from Compagy's mains in the streets or alleys to
and ending at consumer's meter.
SeCTION 5. Company shall not be required to extend mains on
agy street more than fifty (SO) feet for any one consumer of
gas
shall Company be required to connect consumers to intermediate ors higghh-
pressure lines.
SLCTION 6. Company shall be entitled to require
every consumer of gas, before gas service is commenced, a deposit eachf and
twice the amount of an estimated average monthly bill, whichpsaid
may be retained by Company until service is discontinued and deposit
therefor have been paid. Company shall then return all tilts
t to the
consumer, to;>..eeher with six percent (6;�) interest thereon�fromi the date
of said deposit up to the date of discontinuance of service. Company
shall be entitled to apply said deposit, with accrued interest, to any
indebtedness owed Company by the consumer making the deposit.
S1 CTION 7. The rights, Pr'ivilcges and franchisees
this ordinance are not to be considered exclusive and Cityhereby express-
lyd py
reserves the right to grant, at any time, like g �' send�'enchirse�s as it �y see fit to privileges, rights and
franchises
of ita � other person or corporation for the
the i furnishing gas for light, heat and power to and for City and
inhabitants thereof.
SECTION 8. Company shall furnish reasonably to the public, at reasonable rates and charges therefor;adequate
and ompa service
shall maintain its property, equipment and appliances in good order and
condition.
SeC ION 9. Company, its successors and aesi�-ns agrees to
1Pay 8 and City agrees to accept, on or before the 7. e ' of
�, and on or before the sarme day of March
life of this franchise, up and daof eachthe ucci g year dur t e
money which shall be equivalent to twoincluding �� l9 7� • sum of
receivedpercent {2;8) of t< a gross receipts
by Comp from the sale of gas to its domestic and c 'pial
consumers within the city limits of said City for the
year, expressly excluding, however, receiptsPreceding le of a
to its industrial consumers whin the city limits eof said d from tCit , whic gas
annual payment shall be for the rights and privilegesgranted t •
Company, including expressly, without limitation, the right rtoethe
streets, alleys and public were of said City, and which annual payment
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is fixed and determined to he the reasonable, adequate and complete
compensation fur all the rights and privileges herein granted. And it
is also expressly agreed that the aforesaid annual payment shall be in
lieu of any and all other and additional occupation taxes, easement and
franchise taxes or charges (whether levied as an ad valorem, special or
other character of tax or charge), and in lieu of all other and addition-
al municipal taxes, charges, levies, fees and rentals of whatsoever kind
and character and howsoever levied which City may impose or hereafter be
authorised to levy and collect, excepting only the usual general or
special ad valorem taxes which City is authorized to levy and impose upon
real and personal property. Should City not have the legal power to
agree that the payment of the foregoing suns of money shall be in lieu of
taxes, licenses, fees, street or alley rentals or charges, easement or
franchise taxes or charges aforesaid, then City agrees that it will
apply so much of said sums of money paid and to be paid as may be neces-
sary to satisfy Company's obligations, if any, to pay any such taxes,
licenses, charges, fees, rentals, easement or franchise taxes or charges.
In order to determine the gross receipts received by Company
from the sale of gas within the corporate limits of City, Company agrees
that on the same date that payments are made as provided in the preceding
paragraph of this Section 9, it will file with the City Secretary a sworn
report showing the gross receipts from the sale of gas to its domestic
and commercial consumers within said city limits for the respective
calendar year preceding the respective date of payment. City may, if
it sees fit, have the books end records of Company examined by a repre-
sentative of said City to ascertain the correctness of the sworn reports
agreed to be filed herein.
The aforesaid annual payment shall be considered as payment
for the period January 1 to December 31 for the respective year that
said payment is made.
SECTION 10. This franchise ordinance shall be considered
effective from and after the date of its final passage and approval
by the City Commission and Mayor of Prosper, Texas, and it is under-
stood that the passage of this franchise ordinance shall have no effect
whatsoever upon the present rates and charges being charged for gas and
gas service within the city limits of City.
SECTION 11. Company shall file its written acceptance of this
franchise ordinance within sixty (60) days after its final passage and
approval by said City.
PASSFD AND APP:3CVCD on this 18thday of November , 19h 7
ATTESTS
City Secretary Mayor of the City o 'rosper, Texas
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