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2564 ORD GRANTING LONE STAR GAS COMPANY A FRANCHISE TO FURNISH AND SUPPLY GAS TO GENERAL PUBLIC IN COP AND ENVIRONS THEREOF ORDINANCE N0. 2564 . AN ORDINANCE GRANTING TO LONE STAR GAS COMPANY, A CORPORATION, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO FURNISH AND SUPPLY GAS TO THE GENERAL PUBLIC IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, AND THE ENVIRONS THEREOF; PROVIDING FOR THE PAYMENT OF A FEE OR CHARGE FOR THE USE OF THE STREETS, ALLEYS AND PUBLIC WAYS, AND PROVIDING THAT IT SHALL BE IN LIEU OF OTHER FEES AND CHARGES, EXCEP7-ING AD VALOREM TAXES, BE IT ORDA INED BY THE CITY COUNCIL OF THE CITY OF PARIS: Section l. That the C.ity of Paris, Paris, Texas, hereinafter called "City", hereby grants to Lone Star Gas Company, hereinafter called "Company", its successors and assigns, consent to use and occupy the present and future streets, alleys, highways, public places, public thoroughfares and grounds of C.ity for the purpose of laying, maintaining, constructing, operating and replacing therein and thereon pipelines and all other appurtenant equipment needed and necessary to deliver and sell gas to persons, firms and cor- porations, including all the general public, within the City's cor- porate limits and the environs thereof, sa.id consent being granted for a term of twenty-five (25) years from and after the date of the final passage and approval of this ordinance. Section 2. For the purpose of erecting, laying, extending and maintaining its gas lines and appurtenant equipment, said Company shall have the right and be permitted to dig up the pave- ments, parkways between sidewalks and street curb, streets, alleys or other public highways within the City of Paris, after due written notice of such intended work is given to the City Manager, and said Company shall replace and repair the same and be responsible for any and all damage that may arise therefrom to adjo.ining property, or owners thereof, or for personal injury inflicted on any person or member of the general public caused by or resulting from its negligence in the performance of said work, and any and all damage that may arise from failure to place the same in as good repair as when dug up, and for unreasonable delay in replacing the same. All repairing or replacing of said pavements shall be done in accordance with provisions of City ordinances under the supervi- sion and to the satisfaction of the City Manager end City Engineer. Section 3. Said Company expressly agrees, covenants and guarantees to sa.id City of Paris that its present gas lines and appurtenant equipment, as now erected and in use in said City under previous grants, are equipped and constructed with the most modern safety appliances in general use .in this State for the safety and protection of its employees, the customers of said Company and all members of the general public in their ordinary use of any of the premises named in Sections 1 and 2 of this ordinance, and that sa.id Company will so maintain them and all additional or new works constructed during the life of this ordinance; if not so equipped, Company will so equip with.in ninety (90) days after passage of this ordinance, and thereafter so maintain. Said Company further expressly agrees to defend at its cost any suit or suits that may be filed against the City of Paris for negligence of saidCompany orany of its employees in the main- tenance, erection, use or repair of its plant, gas lines or work done on or in connection therewith, or any work described in Sections 1 to 3, inclusive, of this ordinance, and pay any judgment that may be finally rendered against said City in any sLch suit or suits. Failure or refusal to comply with either or both of the fore- going provisions of this section shall constitute good and sufficient cause for forfeiture of this fra.nchise and same may be forfeited by City, if, after thirty days' written notice to Company of City's intention to forfeit, compliance is still refused. S°ction 4. In addition to the rates charged for gas supplied, Company may make and enforce reasonable charges, rules and regulations for service rendered in the conduct of its business including a charge for services rendered in the inauguration of natural gas service, and may r.equire, before furnishing service, the execution of a contract therefor. Company shall have the right to contract with each customer with reference to the in- stallation of, and payment for, any and all of the gas piping from the connection thereaf with the Company's main in the streets or alleys to and throughout the consumer's premises. Company shall own, operate and maintain all service lines, which are de- fined as the supply lines extending from the Company's main to the customer's meter where gas is measured by Company. The consumer shall own, operate, and maintain all yard lines and house piping. Yard lines are defined as the underground supply lines extending from the point of connection with Company's custo- mer meter to the point of connection with consumer's house piping. Section 5. Company shall not be reguired to extend mains longitudinally on any street more than one hundred (100) feet for any one consumer of gas, nor shall Company be required to connect consumer to high-pressure lines. Section 6. Company sha.ll be entitled to require from each and every consumer of gas, before gas service is commenced, a deposit of twice the amount of an estimated average monzhly bill, which said deposit may be retained by Company until service is discontinued and all bills therefor have been paid. Company shall then return said deposit to the consumer, together with six percent (6%) interest thereon from 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. Section 7. The rights, privileges and franchises granted by this ordinance are not to be considered exclusive, and City 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 Eor light, heat and power to and for City and the inhabitants thereof. Section 8. Company shall furnish reasonably adequate service to the publ.ic at reasonable rates and charges therefor; and Company shall maintain its property, equipment and appliances in good order and condition. Section 9. Company, its successors and ass.igns, agrees to pay and City a.grees to accept, on or before the 15th day of June, 1982, a sum of money which shall be equivalent to two percent (2%) of the gross receipts received by Company from the sale of all gas within the corporate limits of said City from January 1, 1981 through June 30, 1981, and a sum of money which shall be equiva- lent to three percent (370) of the gross receipts received by Com- pany from the sale of all gas within the corporate limits of said City from July 1, 1981 through December 31, 1981, and on or before the 15th day of June, 1983 a sum of money which shall be equivalent to three percent (3%) of the gross receipts received by Company from the sale of all gas within the corporate limits of said C.ity during the preced.ing calendar year, with a like payment being made on or before the 15th day oE June of each succeeding year during the life of this franchise up to and including the year 2006, which annual payments shall be for the rights and privileges herein granted to Company including expressly, without limitation, the right to use the streets, alleys and public ways of said City. It is also expressly agreed that the aforesa.id annual payments 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), in lieu of municipal license and inspection fees, street taxes and street or alley rentals or charges, and all other and additional municipal taxes, charges, levies, fees and rentals of whatsoever kind and character which City may impose or hereafter be au- thor.ized to levy and collect, excepting only the usual general or special ad valorem taxes, which City is authorized to levy and im- pose upon real and personal property. Should City not have the legal power to agree that the payment of the foregoing sums 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 pa.id as may be necessary to satisfy Company`s obliga- tions, 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 Clerk a sworn report showing the gross receipts received from the sale of all gas w.ithin said corporate lim.its for the ca- lendar year preceding the date of payment. City may, if .it sees fit, have the books and records of Company examined by a repre- sentative of said City to ascerta.in the correctness of the sworn re- ports agreed to be ffled herein. Section 10. The franchise granted herein shall be subject to the valid provisions of Section 122 of the Charter of the City of Paris and other applicable valid sections therein, which are hereby incorporated by reference and expressly made a part hereof, the same as if copied verbatim. Section 11. This franchise ordinance shall not change the Company's rate or charge curr.ently in effect within the city limits of Paris, Texas. The rates currently charged by Company may be changed and amended at any time by either the City or Company furni5hing gas in the manner provided by law. Section 12. This franchi.se ordinance shall be considered effective sixty (60) days from and after the date of its final passage and approval by the City Counci.l and the Mayor of the City of Paris and shall cancel, repeal, supersede, nullify, take the place and be in lieu of that certain franchise ordinance No. 1832 passed and approved on July 10, 1967, recorded in Ordinance Book 7, Pages 218, 219 and 220, of the City of Paris, and being styled: "AN ORDINANCE GRANTING TO LONE STAR GAS COMPA NY, A CORPORA TION, ITS SUC CESSOR S.A ND ASSIGNS, A FRANCHISE TO FURNISH AND SUPPLY GAS TO THE GENERAL PUBLIC IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, AND THE EN- VIRONS THEREOF; PROVIDING FOR THE PAYMENT OF A FEE OR CHARGE FOR THE USE OF THE STREETS, ALLEYS AND PUBLIC WAYS, AND PRO- VIDING THAT IT SHALL BE IN LIEU OF OTHER FEES AND CHARGES, EXCEPTING AD VALOREM TAXES. " Section 13. Company shall file its written acceptance of this franchise ordinance within sixty (60) days after the effective date of this ordinance as provided in the Charter of the City of Paris, Paris, Texas. Section 14. This ordinance shall become effective sixty (60) days after third and final reading at three separate regular meet- ings of the City Council of the City of Paris, the last of which shall take place not less than thirty (30) days from the first. INTRODUCED AND READ at a regular meeting of the City Council of the City of Paris at the Council Chambers thereof on the 9th day of February, 1981; read at a regular meeting of the City Council of the City of Paris at the Council Chambers thereof on the 9th day of March, 1981; and third and final reading at a regular meeting of the City Council of the City of Paris at the Council Chambers thereof on the 13th day of April, 1981, the last reading being not less than thirty (30) days from the First. FINALLY passed, adopted and approved by the City Council of the City of Paris, at a regular meeting, this the 13th day of April, 1981. . Mic ael E. Malone, Mayor A TTEST: -10Mes Wilkins, cting City Clerk APP OVED FORM: T. K. Haynes, City Attorney