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1832 ORD GRANTING LONE STAR GAS CO A FRANCHISE TO FURNISH/SUPPLY GAS TO GENERAL PUBLIC IN COP5 OftDINANCE NO. 1832 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 EN.. VIRONS THEREOF; PROVIDING FOR THE PAYMENT OF A FEE OR CHARGE FOR THE USE OF THE STREETSI ALLEYS AND PUBLIC WAYS, AND PROVIDING THAT IT SHALL BE IN LIEU OF OTHER FEES AND CHARGES, EXCEPTING AD VALOREM TAXES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS: SECTION 1, That the City of Paris, Texas, hereinafter called "City," hereby grants to Lone Star Gas Company, hereinafter called "Company," its successorsand assigns, consent to use and occupy the present and future streets, alleys, highways, public places, public thoroughfares and grounds of Cityfor 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 co rpora- tions, including all the general public, within the City's cor- porate limits and the environs thereof, said 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 replaee and repair the same and be responsi.- ble for any and all damage that may arise therefrom to adjoining property, or owners thereof, ox 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, ard 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 provis ions of City ordinances under the supervision and to the satisfaction of the City Manager and City Engineer, SECTION 3, Said Company expressly agrees, covenants and guarantees to said 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 or« dinance, and that said Company will so maintain them and all addi•• tional or new works constructed during the life of this ordinance; if not so equipped, Company will so equip within 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 said Company or any of its employees in th e mainte- nance, 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 ardinance, and pay any judg- ment that may be finally rendered against said City in any such suit or suits. Failure or refusal to comply with either or both of the fore» going provisions of this section shall constitute good and suffi- cient cause for forfeiture of this franchise and same may be for- feited by City, if, after thirty days' written notice to Company of City's intention to forfeit, compliance is still refused. SECTION 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 busi'» ness, including a charge for services rendered in the inauguration of natural gas service, and may require, before furnishing service, the execution of a contract therefor. Company shall have the right to contract with each customer with reference to the installation of, and payment for, any and all of the gas piping from the connection thereof with the Company's main in the streets or alleys to and throughout the consumer's premiseso Company shall own, operate and maintain all service lines whicch are defined as the supply lines from the Company's main to the consumer's curb line when mains are located in the str2ets and to the consumer's property line when mains are located in the alleys. 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 service line to the point of connection with consumer's house piping. SECTION 5. Company shall not be required 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 intermediate or high-pressure lines. SECTION 6. Company shall be entitled to require f rom each and every consumer of gas, bef-ore gas service is commenced, a deposit of twice the amount of an estimated average monthly bill, whic h said deposit may be retained by Company until service is dis•• continued 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 for light, heat and power to and for City and the inhabitants thereof. SECTION 8, Company shall furnish reasonably adequate ser» vice to the public 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 assigns, agrees to pay and City agrees to accept, on or before the 13th day of July, 1968, and on or before the same day of each succeeding year during the life of this franchise, up to and including the year 1992, 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 for the preceding calendar year, which annual payment 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. 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), in ]ieu of municipal license and inspection fees, street taxes--axld 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 iiay impose or hereafter be authorized 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 sums of money shall be in lieu of taxes, licenses, fees, street or alley rentals or charges, easement or fxanchise taxes or charges aforesaid, then City agrees that it will apply so much of sai d sums of money paid as may be necessary 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 Clerk a sworn report showing the gross receipts receiv ed from the sale of all gas within said corporate limits for the calendar year preceding the date of payment. City may, if it sees fit, have the books and records of Company examined by a representative of said City to ascertain the correctness of the sworn xeports agreed to be filed herein. SECTION 10. The franchise granted herein shall be subject to the valid provisions of Section 122 of the Charter of the City of Yaris 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. Thiscfranchise ordinance shall not change the Company's rate or charge currently 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 fur•» nishing gas in the manner prov:ided by law. SECTION 12, This franchise ordinance shall be considered effective sixty (60) days from and after the date of its final passage and approval by the City Council 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. 1090 passed and approved on July 13, 1942, recorded in Ordinance Book 5, page 231 of the City of Paris, and being styled: "AN ORDINANCE GRANTING TO TEXAS CITIES GAS COMPANY THE RIGHT TO PRODUCE, Mf3NUFACTURE, SELL, FURNISH AND SUPPLY GAS TO THE GENERAL PUBLIC IN THE CITY OF PARIS, TEXAS, AND ITS ENVIRONS, AND THE RIGHT TO-LAY,.ERECT AND MAINTAIN ALONG AND UNDER THE STREETS, ALLEYS OR OTHER PUBLIC HIGHWAYS SUCH PIPES, PIPE LINES AND AP- PURTENANT EQUIPMENT AS MAY BE NECESSARY FOR SUCH PUR- POSEi AND THE RIGHT TO DIG UP PAVEMENTS AND PARKWAYS UNDER NAMED CONDITIONS, PROVIDING COMPENSA.TION THEREFOR, EXPRESSLY REPEALING ALL PREVIOUS ORDINANCES OF THE CITY OF PARIS AND AMENDMENTS THEREOF IN ANYWISE CONFLICTING WITH THE PROVISIONS HEREOF.'r and that certain amendatory franchise ordinance No, 1234 passed and approved on January 8, 1951, recorded in Ordinance Book 5, page 466 of the City of Paris, and being styled: "AN ORDINANCE AMENDING AN ORDINANCE PASSED BY THE CITY COUNCIL OF THE CITY-OF PARIS ON THE 13TH DAY OF JULY, 1942,,ENTITLED 'ORDINANCE NO. 1090. AN ORDINANCE GRANTING TO TEXAS CITIES GAS.COMPANY THE RIGHT TO PRODUCE, MANUFAC- TURE, SELL, FURNISH AND SUPPLY GAS TO THE GENERAL PUBLIC IN THE CITY OF PARIS, TEXAS, AND ITS ENVIRONS, AND THE-RIGHT TO LAY, ERECT AND MAINTAIN ALONG AND UNDER THE STREETS, ALLEYS OR OTHER PUBLIC HIGHWAYS SUCH PIPES, PIPE LINES AND APPURTENANT EQUIPMENT AS MAY SE NECESSARY FOR-SUCH,PURPOSE, AND THE RIGHT TO DIG UP PAVEMENTS AND PARKWAYS UNDER NAMED CONDITIONS, PROVIDING COMPENSATION THEREFOR, EXPRESSLY RE.• PEALING ALL PREVIOUS ORDINANCES,OF THE CITY OF PARIS AND AMENDMENTS THEREOF IN ANYWISE CONFLICTING WITH THE-PROVIS- IONS HEREOF.' BY ADDING THERETO AND INCORPORATINGTHEREIN SECTION 6a PROVIDING FOR IAYMENT TO THE CITY OF PARIS BY THE OWNER AND HOLDER OF THE RIGHTS AND PFZIVILEGES GRANTED IN SUCH ORDINANCE OF TWO PER CENT (2%) OF-THE ANNUAL GROSS RECEIPTS OF-SUCH UTILITY DERIVED FROM THE SALE OF GAS WITHIN THE CITY OF PAAIS, PROVIDING FOR CREDITING ALL AN- NUAL PAYMENTS . UNDER PRE-EXISTING - CON'CREICTS THIREON, PRO- VIDING FOR FILING VERIFIED-REPORTS OF GROSS RECEIPTS AND THE-EXAMINATION OF BOOKS AND RECORDS OF THE OWNER AND HOLDER OF SUCH RIGHTS AND PRIVILEGES, PROVIDING AN EFFECTIVE DATE HEREOR, AND REPEALING-AL.L ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH." 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, Texas. SECTION 14. This ordinance shall become effective sixty (60) days afterthird and final reading at three separate regular meetings 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 8th day of May, 1967, read at a regular meeting of the City Council of the City of Paris at the Council Chambers thereof on the 12th day of June, 1967, and third and final reading at a regular meeting of the City Council of the City of Paris at the Council Chambers ther eof on the lOth day of July, 1967, 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 lOth day of July, 1967. ATTEST: , City Clerk APPRqUED AS ,TO V t 1... j. f City Attorhey ~•~~m.r5 ' L`v Mayor i k , City of Paris, Texas