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HomeMy WebLinkAboutO-1963-686 ".' . . . . '. " . . ORDINANCE NO. 686 AN ORDINANCE OF THE CITY COMMISSION OF THE GITY OF LA PORTE, HARRIS COUNTY, TEXAS, GRANTING TO UNITED GAS CORPORATION, ITS SUCCESSORS AND ASSIGNS, FOR A PERIOP OF TH I RTY (30 ) YEARS THE RIGHT, PRIVILEGE AND FRANCHISE TO ACQUIRE; LAY, CONSTRUCT, MAINTAIN, REPAIR, REPLACE" RELAY AND REMOVE GAS MAINS AND ALL NECESSARY REGULATORS AND APPLIANCES UPON, BENEATH, OVER, ACROSS AND ALONG THE STREET~, AVENUES, THOROUGHFARES, BRIDGES, STREAMS, ALLEYS, PARKS, LANES, SQUARES AND OTHER PUBLIC PLACES OF THE CITY OF LA PORTE, HARRIS COUNTY, TEXAS, FOR THE PURPOSE OF DISTRIBUTING AND SELLING NATURAL GAS OR MANUFACTURED GAS TO INHABITANTS OF SAID CITY NOT RECEIV- ING ADEQUATE GAS SERVICE, AND TO OTHERS BEYOND THE CI~Y LIMITS OF LA PORTE, HARRIS COUNTY, TEXAS, AND ALSO TO AC- QUIRE, ERECT AND CONSTRUCT, MAINTAIN, REPLACE AND REMOVE PLANTS FOR THE PURPOSE OF MANUFACTURING GAS AND FOR THE PURPOSE OF LAYING PIPE LINES IN THE PUBLIC PLACES AND GROUNDS OF SAID CITY FOR THE TRANSPORTATION ,AND DISTRIBUTION AND SALE OF GAS TO SUCH INHABITANTS OF SAID CITY AND TO OTHERS BEYOND THE CITY LIMITS OF LA, PORTE, TEXAS, BOTH FOR INDUSTRIAL AND DOMESTIC PURPOSES, AND PROVIDING FOR REGULATIONS FOR THE CONDUCT OF SAID GAS DISTRIBUTION SYSTEM AND FOR THE REMOVAL THEREOF. ..' BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY 'OF LA PORTE: Section 1: Subject to the terms, conditions and stipulations set forth in this ordinance there is hereby granted to United Gas Corporation, its successors and assigns, the right, privilege and franchise to lay, construct, extend, acquire" equip, operate" repair and maintain a system of gas mains, pipes, conduits, feeders and all necessary regulators ~ - e . . . . ORDINANCE NO. 686 Page 2 of 7 . . and appliances upon, beneath, over, across and along the streets, avenues, thoroughfares, bridges, streams, alleys, parks, lanes, squares and other public places as they now are or'may hereafter exist in the City of La Porte, Harris County, Texas, for the purpose of supplying and distributing gas for light-s, fuel, power and heat, and for any other pur- pose, to the residents or inhabitants of the City of La Porte, Harris County, Texas not receiving adequate gas ser- vice, and to others beyond the city limits of the City of La Porte, Harris County, Texas; and for the purpose of con- veying, conducting or distributing gas through the limits of said City to any point or points within or beyond the limits of said City f.or the distribution and sale of natural gas or manufactured gas to the City of La Porte, Harris County, Texas, and to such residents or inhabitants there- of, and to any and all others beyond the city limits of the City of La Porte, Harris County, Texas. Throughout this ordinance the United Gas Corpora- tion is referred. to a s the "Company ", and the City of La Porte as the "City", and this grant and all limitations upon the same herein contained shall inure to the benefit of and be binding upon the successors and assigns of the Company. Section 2: When the pipes of the Company are laid in the streets, avenues, thoroughfares, alleys, parks, lanes, squares and other public places they shall be laid in accord- ance with the lines and grades established by the City: pro- 'vided, that suCh pipes may be laid at a minimum depth of eighteen (18) inches. Section 3: In the opening and refilling of all openings made by the Company, it shall relay the pavements and do all other work necessary to complete restoration of the streets, sidewalks or grounds so opened to a condition -2- ORDINANCE NO. 686 Pa.ge 3 of 7 . e equally as good as when disturbed. When the Company shall open any ground in said City for the purpose of laying any pipe, or for any other purpose whatever, the Company shall . not keep the same open for any longer time than is necess- ary to execute properly the work for which same shall have been opened. In all cases ,where the work requires the ex- ercise of skill, as in laying or relaying of pavements or sidewalks, the Company shall employ skilled workmen fami- liar with the execution of such work. Whenever deemed nec- essary by the proper authorities of the City, the City shall have the right to designate its engineer or other person to superintend and supervise the replacing of all openings in public places in said City and the relaying or refilling . of the sidewalks and pavements. All of the repair and replacements of pavements, sidewalks and other grounds so disturbed by the laying of said lines shall be at the ex- pense of the Company. Section 4: No fee or other charge of any kind shall be imposed on the Company or upon any consumer of natural gas for breaking or opening of any highway, . street, avenue, thoroughfare, alley, park, lane, square or other public place or for the laying of mains, service pipes or other con- nections therein, except as provided herein. - Nothing in this franchise shall be construed.in such manner as to abrogate in any manner the right of the City to pass and enforce the necessary police regulations for the protection of the ditizens of the City and their, property and the property of the Company. The Company shall at all times keep and display adequate danger signals and guards around all excavations and obstructions made by it, and shall as soon as practicable restore all openings in any of the public places - -3- ORDINANCE NO. . Page 4 of 7 e of the City to a condition equally as good as before said open- ings or obstructions were made. . Section 5: The Company shall do no injury to any highway, road, street, avenue, thoroughfare, alley, park, lane, square, bridge, stream or public place, nor in any manner dis- turb or interfere unnecessarily with electric lines, conduits or equipment, or with any water or other pipe lines, or with any public or private sewer or drainage system, now or here- after laid or constructed by the City or by any authorized person or corporation, but no electric conduits or water or sewer or other pipes shall be laid so as to interfere unnec~ essarily with any gas mains or pipes which shall have been laid prior to the time of laying such electric conduits, or . water or sewer or other pipes. The Company shall fully indemnify and save harmless the City from any and all claims for damages for which said City shall or might be made or become liable by reason of the granting of this franchise, as, by reason of any negli- gence or carelessness on the part of Company, or because of any act or omission of the Company, in the construction and operation of its system of mains or pipes. Section 6: The Company shall not be required to run or extend any main, service line or other part of its dis- . tributing system to any person, firm, association, indivi- dual, or corporation applying for or demanding gas or gas service and/or additional gas or gas service unless the pro- bable expected use of such gas or gas service by such'person, firm, association, individual or corporation will provide to the Company a reasonable and compensatory return or income on the value of the additional main, service line and other equipment which must necessarily be installed to comply with -4- e .' e e . . ORDINANCE NO. . Page 5 of 7 e such applica tion or demand; provided.. however, in no event shal.l the Company be r'equired to run or extend any main, service line, or other part of this distributing system a distance exceeding,one hundred (100) feet of pipe of a maximum diameter of two (2) inches for each additional cus- tomer. Section 7: The Company shall lay its service lines to the owner's lot line as a part of its distribution sys- tern owned and maintained by it. The Company shall be en- titled to charge for furnishing and laying pipes through the customer's premises and buildings a reasonable price to be fixed by contract with the individual. consumer, and shall have the right to make and enforce as a part of the conditions under which it shall supply gas for heat, light, fuel or other purposes as herei,n provided all needful rules and regulations not inconsistent with the law and the pro- visions of this franchise. Section 8: No person, .firm or corporation shall be permitted to make any connection with any of the distribut- ing mains or service pipes, or disconnect any meter of Com- pany unless duly authorized by the Company. IIhe City shall pass ordinances to this effect with penal provisions for their violation, and the Company may adopt such rules and regulations as are or may be proper to protect the Company from loss or damage by imposition or fraud, and to prevent waste of. gas. Section 9: The Company shall furnish promptly to the City any and all information which may be required by it in regard to the size, location or depth of any of the pipes, mains, conduits or service pipes in any form or other- wise, and any other information in regard to its occupation -5- . .. ....- ~.. .'. "- -. ..... .... ....."..... .,..~.. . . . - . . ORDINANCE NO. . " _ Page 6 of 7 . of all public places of the City which the City may demand. Section 10: The rights herein granted shall not be exclusive~ and the City reserves the power to grant like rights to others fOI' similar uses~ such su.bsequent grants~ however~ not to interfere unreasonably with the proper ex- ercise of the rights and privileges herein granted. Section 11: The provisions of this ordinance and the rights~ privileges and franchises herein granted shall apply to all territory that m?y hereafter come within and under the control of the City by the extension of its cor- porate limits or otherwise. Sectioh'12:, The Company shall~ within Fifty (50) days from the date this ordinance is finally passed~ file with the City a written statement attached at the end of a copy hereof and signed in its name and behalf in the following form: "To the City of La Porte: "The Company for itself~ its succes- sors and assigns~ hereby accepts the above and foregoing ordinance and agrees to be bound by all of its terms and provisions. UNITED GAS CORPORATION BY "Dated the __day of ~ 1963" Section 13: If this ordinance is accepted as provided in Section 12 hereof it shall take effect and be in force sixty (60) days after its final passage and shall after such effective date remain in force for a period of TH IRTY ( 30 ) years. Publication hereof shall be accomplished once each week for four consecutive weeks during such sixty -6- ...r . . . . ",,: . . . . (60) day period in the La Porte-Bay shore Sun, the official newspaper of the City. The Compan~ shall pay to the City a consideration of Ten Do~lars ($10.00) annually. reading in full the~J~ay of ~ Passed first :./; If;::: k! 1963. Passed final ~Iazi.W, 1963. Authenticated 1963. To the City of La Porte: reading in full the ~gay of this the ttt day of 1t~..hn.t...J , /6 f/(7f1f- ~YOR .J~ ITY CLERK The Company for itself, its successors and assigns hereby accepts the above and foregoing ordinance and agrees to be bound by,all of its terms and provisions. UNITED GAS CORPORATION BY Da ted the, '/7"'1:J" day of , 1963. "APPROVED AS TO FORM: BaKtR,aorrs, SHEPHERD & COATES , r1{~ -7- '" . . .. . '. . THE STATE OF TEXAS () COUNTY OF HARRIS ( I, C .'-~ jJ/j D. MItl/IJ,,} City Clerk of the City of La Porte, Texas, certify that the above and foregoing ordinance was duly passed by the City Commission of La Porte, Texas, on first reading on the :;"'S7l-b day of S6'"PTr/I-'JOe"A. , 1963, and on final reading on the r/a day o'f ~ve-~I)e~l., 1963, the ordin~nce receiving on b6th passages thereof the affirmative votes of the Mayor and both Commissioners of th~ City; after the passage of such ordinance the same was duly authenticated by the signatures of the Mayor and City Clerk of the City and duly recorded in full in the ordinance book of s~id City with the passage thereof dul~ noted in the minutes of 'the City Commisslon; pursuant to the order of the City Commission said ordinance was published in full in' The La Porte-Bayshore Sun, the official newspaper of the City of La Porte, once a week for four consecutive weeks, such publica tions having been on the :lIt r day of NdveMBenJ , 1963, the J-71t day of ~;)eMOe-~ , 1963, the .~n.. day of j)e-ec~ij'cn_ , 1963, . and the 1;2 day of lJ6C!.e"Mhe-n., , 1963, all of which is evidenced by the affidavit of publication duly filed by the publisher of said official newspaper in the official records of the City of La Porte and such pub- lication was further duly noted upon the original record of~said ordinance; that the above and foregoing acceptance was duly filed on the /7ft. day of j)~M4e/?' , 1963, in the officia~ records of the City of La Porte, Texas. IN TESTIMONY WHEREOF, witness my hand and seal of office this the I?#. day of .})~tteM~e-n- , 1963. .~. ~ ..' ~~2P;~ CITY OF LA PORTE, TEXAS . ..... ...", . J~~:"',1~- ~: i,'~, _ ~r ' ~ '.'~ ,< "' '" ., ~~:'j . . '-;.~' :........ '., .v~.-: . .... J~t -"'~~'~"! ; ....... .~. ".' ~ ~ ....... : :~it~~~' b. ~~~. , ~ /1;- { --,/.- , ./~ . .'. . , . .. .. .. . ~ . I ~.