HomeMy WebLinkAboutO-1978-1129
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ORDINANCE NO. 1129,
AN ORDINANCE GI~NTING ENTEX, INC., ITS SUCCESSORS AND
ASSIGNS, '1'I1E IUGH'l', PIUVILEGE AND FRAHCIIISE FOR A PERIOD OF
T\'lEN'l'Y-FIVE (25) YEARS TO CONS'1'HUC'r, LAY, i-ll\IN'l'j\IN, OPERl\TE,
EX'l'END, REHOVE, REPLACE AND REPAIR A SYSTEL1. OF PIPE LINES,
GAS HAIrJS, LA'1'ER.;\LS I\ND 1\TTAC!lHEN'l'S .r~ND 1\LL DESIRABLE INSTRU-
MENTALITIES IN, UNDER, OVER, 1\CROSS AND ALONG ANY 1\ND ALL
S'l'REETS, 1\VENUES, PJ\RK\'Jl\YS, SQU1\RES, ALLEY$ I\ND 1\LL OTHER
PUBLIC PLACES IN THE CITY OF LA PORTE, H,\H.RIS COU~-JTY, TEXAS,
FOR TIlE PURPOSE OF TRANSPORTING, DISTRIDUTHJG, SUPPLYING AND
SELLING N1\'l'URj\L GAS FOR HEATING, LIGHTING, PO\'1ER" 1\ND FOR
ALL OTIIER PURPOSES FOH \'1HICII NATURi\L G1\S l'oL\Y BE USED, TO THE
MUNICIPALITY OF SAID CITY OF L1\ PORTE, TE:':l\S, i\ND ITS INHAB-
IT1\NTS AND OTHERS: PROVIDU;G CONDITIONS CON'l'ROLLDIG TIlE USE
~~A~~~~~~ ~~O~~~~~~~~E~R~~~Di~~E~g~O~~y~~~~E;~:T~~~~B~~~g~~~ ,aI.€.~.
(3~) OF THE GROSS RECi;:IPTS ;FRON THE S1\LE OF GAS FOR RAti~EN~,... l~ ~Ji.':,
TIAL, SHALL CO:-mERCI1\L,' AND L1\RGE COI1HE?Cli':~L PURPOSES ~nrl'HrN
THE' CITY: PROVIDING FOR ACCEPTANCE: PROVIDli']G Ii. SEVERi\BILITY
CLAUSE: HAKING HISCBLLANEo'US PROVISIO~lS: AND REPEI\LING ALL
ORDINANCES IN CONFLICT HEREWITH.
BE IT ORDAINED BY THE CITY CO~~1ISSION OF THE CITY OF LA
PORTE:
Section 1. That, the City of La Porte, Harris County,
Texas, herein called "Grantor", does hereby grant unto
Entex, Inc., its successors and assigns, here~n called
',"Grantee", the right, privilege, and franchise to construct,
lay, maintain, operate, use, extend; remove, replace and
repair in, und~r, over, across, and along any and all of the
future and pre~ent streets, avenues, parkways, squares,
e alleys, thoroughfares, roads, highways, sidewalks, viaducts,
bridges, streams, public grounds, public properties, and
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other public places in the City of La Porte, and in all
tracts,'territories, and areas hereafter annexed to or
acquired by and placed with the corporate boundaries of said
municipality, a system of pipes, pipe lines, gas mains,
laterals, conduits, feeders, regulators, meters, fixtures,
connections, and attachments and other desirable instru-
mentalities and appurtenances necessary or 'proper, for the
purpose of transporting, distributing, supplying and selling
natural gas for heating, ~ighting, power and for any other
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purpose for which gas may now or hereafter be used, in and
to said municipality and its inhabitants or any other person
or persons within or without the corporate boundaries of
said municipality. Written notice shall be given to the Mayo~
and written permission obtained from the Mayor by Grantee
at least 30 days before any artificial gas or substance
other than natural gas in the form distributed by Grantee
at the date of adoption by the City Commission of this
franchise shall be transmitted by Grantee for use within ,the
City of La Porte. A hearing before the City Commission
must be held and a majority vote of the City Commission
obtained before the Mayor is empowered by this'franchise
to give written permission for Grantee to transmit, dis-
tribute, supply or sell any substance other than natural
gas as defined above.
Section 2. All pipe, fittings, fixtures and equipment
installed by Grantee shall be of sound material and 990d
quality and shall be so laid and maintained so as not to
interfere unreasonably with the natural or artificial drainage
of the City or its underground fixtures, or with the navigation
in or the natural drainage of any streams, or with traffic
over the public thoroughfares of said municipality and the
same shall be laid in accordance with the lines, grades, and
conditions established by Grantor. The Grantee shall at all
times keep on file in the office of the Director of Public
Works its most current map or set of maps of its system
within the City. As extensions of pipe lines are made, from
time to time, the Grantee'shall file with the Director of
Public Works maps or plans showing the extension. Within
the streets or other public ways of the City, the location and
route of all mains, p,ipes and piping and other fittings or
fixtures,. shall be subject to the reasonable and proper
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regulation, control and direction of the Mayor or his
~ delegate, which regulation and control shall include, but
not by way of limitation, the right to require in writing
the relocation of'Company facilities at Company's cost
wi thin' the streets or other public ways whenever such shall.
be necessary on account of t~~ widening, change of grade,
relocation, or other city construction within such streets
or public ways. No paving cuts shall be made by the Grantee
without first obtaining the permission of the Director of
Public Works or his delega'te.
Section 3. The surface of any public road, highway,
4It streets, lanes, alleys, or other public place disturbed by
Grantee in laying, constructing, maintaining, operating,
using, extending, removing, replacing, or repairing its
piping system shall be restored immediately after the com-
pletion of the work to as good a condition as before the
commencement of the work and maintained to the satisfaction
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of the Director of Public Works for one (1) year from the
date of completion of said work, after which time respon-
sibility for the maintenance shall become the duty of the
Grantor. No public road, highway, street, lane, alley, or
other public place shall be encumbered by construction,
maintenance or removal work by Grantee for a longer period
than shall be necessary to exequte such work. If there is
in the opinion of 'the City Council an unreasonable delay by,
the Grantee in restoring and maintaining streets, highways,
parks and alleys after excavation, repairs and extensions
have been made, the Grantor shall have the right without
further notice to restore or repair same and require the
Grantee to pay the reasonable cost of so r~storing or
repairing them.
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Section 4. Grantee at its ow~ expense shall run or
extend not more than one hundred (100) feet of main, not to
exceed a maximum diameter of two (2) inches, in order to
bring gas service to the property line of each additional
base load customer.
Section 5. The service furnished hereunder to said
municipality and its inhabitants shall be first-class in all
respects considering all circumstances and shall be subject
to such reasonable rules and regulations as, Grantee may make
from time to time. Grantee may require security for the
payment of its bills not to exceed two months average
~ estimated bills, or in accord with the rules of the 'Railroad
Commission of Texas. Grantee shall refund said security
deposit to each customer within 30 days after any twelve
consecutive timely payments from the customer.
Section 6. It shall be the Grantee's obligat~on as
provided in Section' 5 to furnish good quality natural gas
service to the public at reasonable rates and to maintain
its property in good repair and working order, except when
prevented from so doing by forces and conditions not reason-
ably within the control of Grantee. Should Grantee fail or
4It refuse to maintain its properties in good order and furnish
efficient service at all times throughout the life of this
grant, except only when prevented from so doing by forces
and conditions not reasonably within the control of Grantee,
or should the Grantee fail or refuse to furnish efficient
service at reasonable rates, lawfully determined by the
Grantor, throughout the life of this grant, excepting only
during such periods as the Grantee shall in good faith and
diligently contest the reasonableness of the rates in
question, then it shall forfeit and pay to the Grantor the
sum of Five Hundred ($500.00) Dollars for each day it shall
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so fail or refuse after reasonable notice ,thereof and hearing
thereon by the Grantor.
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Section 7. In considera~ion of the rights and privileges
4It herein granted, Grantee agrees to pay, on or before each.
May 1, August 1, November 1, and February l~ during the
term of this franchise the sum of One Hundred Twenty-Five
and No/IOO ($125.00) Dollars, plus an additional amount equal
. ~~;to ~:::.'?~~~~_.<.:~ _~,.~t.s C\g~f_~;,,~=:~~sQ from the sale of
_\ 1(l9ast~and merchandise within the City limits during the
~~. three month period ending with th~ last day.of the second
month preceding each such date. Upon r~quest of the above
amount of money, the City Clerk shall deliver to the Grantee
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a receipt for such amount.
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Upon request of the Grantor, Grantee shall present to
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it any and all records, accounts and books for inspection
relati~e to the gross receipts of, Grantee within the corporate
limits of the Grantor.
The consideration hereinabove set forth shall be paid
and received in lieu of any license, charge, fee, street or
alley 'rental or other character of charge for use and occupancy
for the streets, alleys and public places within Grantor,
and in lieu of any pipe tax or inspection fee or tax, but
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shall not in ~nywise increase or diminish Grantee's obligation,
Any special taxes, and/or special rentals or other
charges 'accruing after the effective date of this franchise,
under the terms of any pre-existing ordinance, or imposed
upon Grantee by subsequent action of the Grantor shall, when
'paid to the Grantor, be applied as a credit to the amount
owed to the Grantor under the terms of this franchise agreement.
Section n. It is specifically agreed ,and understood
that Grantor may, at its option, have inserted by amendment
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hereto any greater percent of the gross receipts or any other
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more favorable payment terms which Grantee agree,s to pay to
any other municipality within Harris County, Texas and
within the Division of Grantee in which the G~antor is
included and Grantee by its acceptance hereof agrees to such
subsequent amendment.
Section, 9. If Grantee, in laying its pipes, shall corne
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into conflict with the rights of any other person or corporation
having a franchise from the City, the City Commission or its
delegate shall decide all questions concerning the conflicting
rights of the respective parties, and shall determine the
location of the structures of the said parties and what
~ changes, if any, should be made and at whose cost, and shall
reconcile their differences.
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Section 10. Grantee, its successors and assigns, shall
protect and hold Grantor harmless against all claims for
damages to any person or property by reason of the construction
and maintenance of its natural gas distribution system~ or
in any way growing out of the granting of this franchise,
either directiy or indirectly, or by reason of any act,
negligence, or nonfeasance of the contractors, agents, or
employees of Grantee, its successors or assigns, and shall
refund to Grantor all sums which it may be adjudged to pay
on any such claim, or which may arise or grow out of the
exercise of the rights and privileges hereby granted, or by
the abuse thereof, and Grantee, its successors and assigns,
shall indemnify and hold the Grantor harmless from and on
account of all damages, costs, expenses, actions and causes
of action that may accrue to or be brought by any person,
persons, company or companies at any time hereafter by
reason of the exercise of the rights and privileges hereby
g~anted, or of the abuse thereof.
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Section 11. ,Nothing herein contained shall ever be
held or considered as conferring upon Grantee and its suc-
cessors and assigns any exclusive rights or privileges 'of.
any nature whatsoever.
Section 12. In granting this franchise, it is under-
stood that the lawful power vested by law in the Grantor to
regulate certain public utilities within the City, and to
regulate the local rates of said public utilities within the
City within the limits of the constitution and laws, and to
require all persons or corporations to discharge the duties
and undertakings, for the performance of which this franchise
was made, is reserved; and this grant is made subject to all
lawful rights, powers and authorities, either of regulation
or otherwise, reserved to the Grantor by its Charter or by
the general laws of this State.
Section 13. All ordinances and parts of ordinances in
conflict herewith are hereby repealed; provided, however,
that such repeal shall be only to the extent of such incon-
sistency and in all other respects this ordinance shall be
cumulative of other ordinances regulating and governing the
subject matter covered by this ordinanc'e.
Section 14. This franchise shall take effect and
continue and remain in effect for a period of twenty-five
(25) years from and after the date of this ordinance, provided
Grantee files a written acceptance of this franchise with
Grantor within one-hundred twenty (120) days after final
passage of this ordinance.
Section 15. If any provision, section, subsection,
sentence, clause, or phrase of this ordinance is for any
reason held to be unconstitutional, void, ,or invalid (or for
any reason unenforceable), the validity of the remaining
portions of, this ordinance shall not be'affected thereby, it
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being the intent of the Grantor in adopting this ordinance
that no portion hereof or provision or regulation contained
herein shall become inoperative or fail by reason of any
unconstitutionality or invalidity of any other portion,
provision or regulation, and to this end, all provisions of
this ordinance are declared to be severable.
Section 16. Grantor may, at any time, declare a con-
ditional forfeiture of this grant for a continuing violation
by the Grantee of any of the substantial terms hereof. In
such event,' the Grantor shall give written notice, specifying
all grounds on which forfeiture is claimed, by registered
mail, addressed and aelivered to the Grantee, to the attention
of its President, in Houston, Texas. The Grantee shall have
sixty days after receipt of such notice within which'to
discontinue said alleged violation, or to' file suit in a
court of competent jurisdiction for an adjudication or
declaration of the rights of the parties with respect to
forfeiture of the franchise. No forfeiture shall become
effective until and unless (1) the Grantee shall have
continued such violation or violations for more than sixty
days after receipt of such written notice from the Grantor
without filing such a suit; or (2) the Grantee shall have
continued such violation or violations for more than sixty
days (or such longer period as the Court in its discretion
shall allow) after the entry or affirmance in a court of
last resort of a final judgment finding and establishing the
existence of such violation or violations, and that such
,violations are sufficiently substantial to warrant forfeiture
and decreeing forfeiture as a consequence thereof. The
Grantee shall not in any event be deemed to be in default of
performance of ,any provisions of this grant, nor shall any
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forfeiture be invoked for violation or violations for
failure to perform any provisions hereunder when'due to
shortages of material, supplies and equipment beyond the
control of the Grantee, or to fires, strikes, riots, floods,
war or other casualties, or to governmental regulations,
limitations or restrictions as to the use or availability of
materials, supplies or equipment or as to the use of the
service, or to unforeseen or unusual demands for service, or
for any other cause not reasonably or practicably with in the
control of the Grantee.
Section 17. No consolidation, sale, purchase, combi-
nation or agreement affecting the sale or distribution of
gas within the City limits of the City of La Porte can be
had or entered into by the Grantee with any other gas
utility company within the City limits of the City of La
Porte, unless the same be expressly authorized and approved
by the City Commission of the City of La Porte.
Section 18. The rights, privileges, and franchise
herein granted to the Grantee shall extend to and include
its successors and assigns, and the terms, conditions,
provisions, requirements and agreements in this ordinance
contained, and each of them, shall be binding upon the
successors and the assigns of the Grantee.
Section 19. The Grantee shall, within fifty (50)
days from the date of the final reading of this ordinance, file
with the City Clerk a written acceptance of this franchise in the
following form:
"TO the Honorable Mayor and City Comm;i.ssion of the
City of La Porte:
"The Grantee for itself, its successors and assigns,
hereby accepts the attached ordinance and agrees to
be bound by all of its terms and provisions.
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flOated the
day of
ENTEX ~C". .
By,=,-- ~
f)~~
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3
, 1.9 7 8 . "
Section, 20:
If this ordinance is accepted as provided in
Section 19 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 T~iENTY-FIVE
( 25
years.
Publication hereof shall be accomplished once each week for four'
consecutive weeks during such sixty (60) day period in the Bayshore
Sun, the official newspaper of the City.
Passed first reading in full the
16
day of August
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, 1978.
Passed final reading in full the
20
day of September
, 1978.
Authenticated this the
20
day of
September
, 1978.
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J. ,J. ME ZA , Ma yo i:' \,
ATTEST:
~~.lfJ/_) .
Ci Clerk
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APPROVED:
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f ;~z~Jx. ~'lJ.. a., ~/:~--:;"
KNOX W. ~SKINS, City Attorney
To the Honorable Mayor and City Commission of the City' of La Porte:
The Grantee for itself, its successors and ass'igns hereby accepts
the attached ordinance and agrees to be bound by all of its terms and
provisions.
ENTEX,
day of
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"Da ted the 3
, 1978
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ENTEX, INC. '
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By:
"Dated the
day of
, 1978."
Section 20:
If this ordinance is accepted as provided in
Section 19 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 ~i.SNTY-FIVE
25
years.
Publication hereof shall be accomplished once each week for four
consecutive weeks during such sixty (6G) day period in the Bayshore
Sun, the official newspaper of the City.
Passed first reading in full the
16
day of August
.
, 1978.
Passed final reading in full the 20
day of September
, 1978.
Authenticated this the
20 day of September ,1978.
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J . ,J. ME ZA, Mayor "
ATTEST:
~.4W-r')
Cl. Clerk
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APPf;k f1l d"
KNOX W. ASKINS, Cl.ty Attorney
To the Honorable Mayor and City Commission of the City of La Porte:
The Grantee for itself, its successors and as&igns hereby accepts
the attached ordinance and agrees to be bound by all of its terms and
provisions.
ENTEX, INC.
By:
"Dated the
day of
, 1978
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THE STATE OF TEXAS
x
X
X
COUNTY OF HARRIS
I, Margie Goyen 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 firs t reading on the 16 day of August
1978, and on final reading on the 20 day of September
1978, the ordinance receiving on both passages thereof the
affirmative votes of the Mayor and ~ Commissioners of the
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
said City with the passage thereof duly noted in the minutes of
the City Commission; pursuant to the order of the City Commission
said ordinance was published in full in The Bayshore Sun, the
official newspaper of the City of La Porte, once a week for four
conseclltive weeks, such publications having been on the 12
day of October , 1978, the 19 day of October
1978, the 26 day of October , 1978 and the
2 day of November , 1978, 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 publication was further duly noted
upon the original record of said ordinance; that the above and
foregoing acceptance was duly filed on the day of
, 1978, in the official records of the City of
La Porte, Texas. ,
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IN TESTIMONY WHEREOF, witness my hand and seal of office
this the 6 day of November , 1978.
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MARGIE EN, CIT CL
CITY OF LA PORTE, TEXAS
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