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22-01 O - Granting to Farmers Gas Company a gas, light, heat and power franchiseAR ORDINANCE GRANTING TO FARIDERS GAS COIApANY A GAS , LIGHT, HEAT AND POWER FRANCHISE: - (�15�. � �.. r�. �r.r av-\ BE IT ORDAINED BY THE CITY 6TC-1Sv) OF THE CITY OF Yrosner COUNTY OF oollin STATE OF Texas SECTION I. That there is hereby granted to the Farmers Gas Cca- any, a Joint Stock Association of Dallas, Dallas County, Texas, herein called the Grantee) the right, privilege and franchise to construct, maintain and operate in the present and future streets, alleys and public places in the City of 2ro,,i)er and its successors, a system of gas mains, supply pipes and laterals, with all necessary or desirable ather-iena ces for the purpose of supplying gas to the said City, nts thereof and persons and corporations beyond the limits for fight, heat, power and other purposes ; and that the rights, d shall be, and remain irivileges and franchises herein grante .n Grantee, its 'f s uccessors 5yers assigns, fromfreeandoafter tm all heati on, .or a period y )assage of this ordinance. SECTION II. All mains, pipes and laterals shall be so laid as to interfere as little as possible with traffic over the Streets and alleys. The location of all mains,. pipe s and Laterals may be fixed under the supervision of the City authorities, SECTION III. When Grantee shall make: or cause to be' made Excavations, or shall place obstructions, in.any -City street, alley or avenue, the public shall be protected from all damage by reason of the existence of such excavations or obstruction.-, by barriers and lights, placed, erected and ersonaonePropertyd Grantee, and in the event of injury to any p r by reason of the construction, operation or maintenance of said system, the Grantee shall indemnify and keep harmless the y reason Cit of 2ro',,per , from any and all liability by of Grantee s operations under this franchise, and Grantee shall repair and clean up and restore to an approximate original con- dition all streets and alleys disturbed during construction and repair. SF,C TION iy. The rates charged by Grantee for gas sold under this Ordinance, are hereby fixed- as follows: (a) The sum of seventy-five ('i5�') cents gross per thousand cubic feet for natural gas for domestic purposes; PROVIDED, however, that this rate shall be subject to a discount of ten per cent (10/0) if payment is made before the 1-Cth day of each month for gas o onsume d the preceding month. This rate shall become effective upon acceptance of this franchise by Grantee, and shall remain in effect until :. -l.r. 1.;� 192 , as herein- after provided,. t= -2- (b) From and after idar. 1st , 192 Tamed in � subdivi- sion (a) hereof, a rate shall become effective, which rate shall ba the said gross sum of seventy-five (75� ) cents per thousand cubic feet plus three (5�) cents for every additional cent above the average sum of five (5�; cents peM thousand cubic feet paid for gas by the Lone Star Gas Company, LESS a discount of ten (10%) per cent for payment on or before the loth of each month for gas used during preceding month; it being, ho-cjever, EXPRESSLY PROVTDED that in no event shall the net cost to consumers making prompt payment before the 10th: day of each: month for gas consumed during the preceding month, be more than seventy-five cents per thousand cubic feet for gas for domestic use for the period of three years after the expiration of the above period. In order to determine the cost of gas to the 1.014E STAR GAS COMPANY under the about; provi8ions, -the: cast shall be determined at fixed periods aL six months each, and shall be based upon the actual cost of 'the gas purchased by the LONE STAR G1?`; 01012ANY during the: preceding six months, and the price for the next six months shall be based upon such actual average price for the preceding six months. SECTION V. In addition to the rates herein allowed to be charged for navaral gas sold, Grantee shall charge and col- lect a "readiness to serve" charge or "customers' charge" from each and every customer in the city limits of. the City of 2ros-Per in the flat sum of -nifty cents per month. This charge is agreed and understood. to be a charge that each and every customer is to pay, regardless of the amount of gas consumed or the rate per thousand cubic feet allowed to be charged under this ordinance. Grantee shall have the s?rivillege of charging and collecting from consumers in the. 0i•ty of Y= 0;-�1)er _ a minimum monthly bill of One Dollar 3pi,00. , incliad:ing service charge, Grantee may also charge and collect for setting, resetting and changing meters, upon special rea_,uest of consumers, an amount not to exceed the cost of labor and material used in performing such plus ten - per cent (10%) additional thereon, provided such charge shall by not less than Two (�2,00) Dollars. S ACTION VI. Grantee may make and enforce reasonable rules and regulations in the conauc•t of its business, and raay 're- quire, b lore fu.-r, ishizig service, the execution of a. c 0ntract therefor, oxid may require each consumer, within the corporate limits of tho Ca_ 17 of—ero�er to pay Granteefrnr t:ie installa.tioil of all service pi aes from the main in the street to anu th'7oughou�: the consumer's premises, and Grantee sx.aall have the right to contract with each consumer, with reference to the installation of service pipes and the acnitrol of 'the same from tiie connection thereof with Granta.e'F. :Hain in the streets to arcs i�zcluding the meter located on the consumers premises, -3 - SECTION VII. Grantee shall not be rer_uirea to extend mains longitudinally on any street more than fifty feet for any one customer of natural gas. SECTION VIII. Grantee shall be entitled to require from each and every consumer of natural. gas, before gas service is in- stalled a deposit of twice the amount of an estimated average monthly bill, which said deposit may be retained by Grantee until service is discontinued and all bills therefor have been paid. Grantee shall 'Chen return said deposit to the consumer, together with six per cent interest 'thereon from the date of said deposit. Interest shall not bd paid on, amOuDts remaining on deposit iiith Grantee less than six con- ��secutive months. Grantee shall be entitled to apply Said de.j)osit, with accrued interest, to any inaebted.ness owed it by the consumer making the deposit, and when same has been applied to any indebtedness the gas service can be discon- tinued until all the indebtedness of the consumer is paid., and a like deposit is made with the Grantee by said Consumer. SECTION IX. Grantee hereby agrees, in consideration of the granting of this franchise, to 13ay to the City of-erosoer , annually, on or be fore the f irst day of Ja=ary each year during the life of this franchise the sum of twenty-five 0§25.00a dollars in cash. SECTION X. The rights, privileges and franchises graxited by this ordinance are not to be considered exclusive, and the City of 21 os 3er hereby expressly reserves the right to grant, at any time, like privileges, rights and franchises as it may see fit, to any other person or corporation for -the purpose of furnishing gas for light, heat and power to and for the City and to other consumers+ SECTION X.I. The Grantee shall file its written acceptance of this franchise within ninety (90) days after its passage and approval by the Mayora Si-,0TION XII. This and effect !rom and A. D. , 192.: ATTEST: ORDINANCL AND FRANCHISE shall ,bp in ford of ter the !clay of May or. �1 ,r City Clerk. (4) State of Texas County of Collin it City secretary of (Z uoilin County, the City of 2roL)er____. Texas, hereby certify that tlic ahoy© �d foregoing is a true and cor- .-�- van of an Crdirance passed by the City rest copy col _�. in County, of the City of i'ros per -�-� Texas, a t - �8 it a call session hc� d in the City Hall of said City on tho / �. day of M►.�- A. D e , 19 , Book appears of record on the Minutes of said City--- ity-_ _ _* gage .• �~ Witness my hand and seal of said City, this the aPd day o� - ' c.� , A. D . , 19 „�• City Secretary of City of LLIL r Texas.