Loading...
1900s - set of unattached pagesn 4W .3- M -, ,CT1ON3s The main pipes of ti u; Grantee may be laid In the, highim-ys" roals, streAst aves%xiess, t,.jj,,,ya tanl other public places as naw laid out or as the sae shall hereafvr bo established, and when lt-44 in h1-h-lays, roads, avenues* streets, alloys mid other public IXXXXX -placcaj, nal�v sell be laid in accordance with lik=es ai-A grades by the City iyrovidad tbat such fvqi p1pos be lnid at a mdnim�;m depth of fffteen (15) Inches* :'�=011 4: In the openir4,,t aTd refilling of all openinr s node by the "Xrantee, he shall relay the pavements iv.d doff/ all other worl-c necessary to complete rv�atoration of the streets, sidewal'.Sq or grounds to a cones -Aition equally as good &,3 When distnubad; anti -,,-.lien the grantse n1ull open r ground in said City for Vlo purjyozie of layine, any gas pkp e or for ar�y other pu",nse "I'atooevars the Grantee :3�o1l open no more space at W.,..,y one time or at any one place, nor keep the iiv-me open for any lor4,.,,er tlt~se t1an Is necee.ary to properly exec -,tc t-ho work for which sme Wall live been opened.; and it is specially required t at in all cas -s where -irk require oxercise of akill as in the laying of relaying of -XIlymnents or Si dew alko, the Grantee s1rall employ skilled v!orlanert fm—iiliar -,:4th the execution of such work* han,, ver doetnted Ascessary by the proper authorities it shall .1invathe right to d$air-,enter it* engineer or other nerson to superintend n,nd supervise the ref"'illine, of the hi h4 e.—trots, avef.u0sp roadS2 alleyn and other public places, a�nil the swoOd relaying and refilling of the sjdm,.Tmj,,c9 ani ver -ta onto, all the repal* aml re'T)IFtcet.mont of t1 sidewal1w and other grounds so dinturbed for the laying of o"Id line 311 all be at the expense of the Grantee* , ' .1 ' JCTL�!Ar 5 s 1-10 fee or ob&Xbo of any other =rind d-.All be imoeod upon the Grantee or ir,,)on ary su*cos,.•or* or upon arq consumer of natural gas for the breaking or 9,poning of a highway, street, road, Avortuep alley or otiver u,)Jia ,,Aace, or for the laying of uains, uervice ;Apez or otlwr cone ectiones therein, except an provided herein, Nothing in VU franchise shall be conctr�..;ed In such manner as to in any mm-iner abridge the right of t1je City to paso m:d enforce the necezaary police ro -'-1ations for the protection of the citize z of the said City and their -,,vo- ., ,.vrty and the property of they Urantess Taw 'VW Grant" Gball at all ti ear keep and 616VUy the naosesnT danser signals and proper gmnrde around all axonvntione ami obstruct- ions, and shall ns noon ma practlemble re­,Aore P-11 opcnirrs on the highwayaq roads,, streets, avo-nuen, allays and other public placen to a conAltion/ equally as good as before said openine_;s or obstruct- ions were made# ,,CTIO'N 6s The Grantee slvtll do ro Injury to arl hielrwray,, road# streuty avenuo, tAley, Irmdv brill ,s,',,e# rstrem or water ooursep park or public place, nor In any mom disturb or Interfere unner:oss- r,rily with electric lines, condizets or equipmentat or with oily water or other pipe lines nor with arW public or private enver or dralrAgo system now or hereafter Iald or cori Ar nted by 0"0 said "City or by arw authorized person or corporations, but no olectrio/ conduits or water or sewer Pipes shell, op *o laiti sin to interfere unnecosvarlly with any as maina or pipee WI-1011 Shall ham been laid 1prbor to the tii,.* of layiM such electric condnitnt sr ,,per or wateir plpma, 11c urart*e shall f�Aly 1mlemmify and save harraess the ity from a., -,y Mid all clairis for dvj,tsN-.-o for which the mid City stall or 'Zic mpAa or yea limble Dy ronsion. of the grmntlr,� of tble fr ,e flri . e., ao by rannon of my negligence or carelasoneen on the ,-art of mid Oirc,---ntee or beca;oio of cony mot or orI.JeZion of the Gr=tea in the convtr.:,.ction aril o-lmeratlmV of it'z oysten of r3mint or pipes,, -: CTIOJ ?i It shall b.,,3 the duty of the Grantoe and its nuocessors and as;icns to Sulm *A V 41 ,.�ayp whila opernting under this fronchiseg --uo to evemy partion and corporation urithin a reason-able time after demondt upon equal and exact toga for the a=te olann of service. .Provided, however, t1mt the Grantas or tile nuocesitiorn and assigne all riot be requirod to run main or service , a dietwiae exceeding 500 feet unless the person, firm or corporation demanding such gan nervice Wmll flr*t guarantoo, in a manner satisfactory to said Grant** that that ecru miptinn of ras fro n mialt min or service pipe chall not be lesi-) t1 an $100.00 -,-)or annum for each 500 feet Of pipe so laid; ad, -4- Provided further that the said person, fires or corporations demanding gas service shall use (,-as so furnished by the Grantee for their own legitimate pur-,po:�es -:end riot for resale. '-ECTION 8: The Grantee shall lay their service lines to the owner's lot line as a .)art- of its distribution system/ owned and maintained by it. Grantee shall be entitled to charge for furnishing and laying pipes �hrou,­h the consumer's premises and buildings, a, reasonable price to 'be fixed by written contract with the indivitdual conswtier, and shall have the right to make and enforce as a part of the condition under i-,hich it i:till supply natural gas or manufactured C,,as, for heat, light, fuel or other pur.,)oses as herein provided, all needful rules and regulations not inconsi_,�ternt with law an,'! the provision-, of this franc; itie. 9: No person, company or corporation shall -be permitted to mdke any connection with ary of the distributihg mains or sorvicd -1)ipes or disconnect any meter of Grantee, unless duly authorized by the said Grant- 0eq 1,-As successors or assigns. The City shall -,,,,)ass ordinance to this effect .,.,ith penal provisions for their violation, and grantee may adopt such rules and regulations as are 0- nay be neces ary to protect said Gral -tee, his successors or assigns, from loss or d&.,iage by imposition or fraud to prevent the waste of gas. ,,CTIU.` 10: Should the S­pply of natural -as fail at any time during C> the life of this franchise, it shall be o tional with the (Irantee to install a plant for the nanufticturc of artificial gas, and in the event the rate for artificial gas shall not exceed the then prevailing market value bf such gas with a reasonable service c�.,_arge. 'SECTION 11; The Grantee shall furnish proi-,iptly to the proper authorities any and all information ,.-hich may be asked for by them in regard to the size, location or depth of any of the pipes, mains, conduits or service pipes, in any form or otherwioe, and other information in re and to its occu-,oation of raods, highways, streets, avenues, or pullic grounds of said City, which they may der:iande `.7herever the word occurs in this ordinance, it shall -5- be understood to be Ralph E& Davio, of -Pittsburghq -0ennsylvania, his successors and as i,gns, or lessees; and wherever the word "AUTF.OH1T1:3c;11 or "PROPER AUTHORITI!:,Sll oc(-.ur in this franchise, they mean and shall be understood to mean the authorized officer or offic----,rs, comr-r1ittee or body representing the City of Huntsville, Texas, or Grantor. SECTION 12: This franchise shall t-ld-,e eff--ct and continue to remain in force for a period of fifty (50) years from and after the date of its final passage and the written acceptance by the grantee of the terms and - conditions of this franchi,11e; but- the grantee shall pay a considerat ion to said City of 11untsvil.e, of Ten Dollars for the first year after this ordinance beco!--ies effective, and shall pay to said Uity the of One Hundred Dollars annually thereafter, as a cons id eration,, ar.,ong other, for the grant of this franchise. ti- ECTIOIT 13: Be it further ordiAned by the City Council of the City of Huntsville, Texas, that said Ralph B. Davis, Grantee, his successors, lessees and as i-ns, slaill have sixty days from the final passage and V ap�),roval of t.11is ordinance, and no longer, in to betin actual operations for prospecting for natil-ral -,as, in alker County,, 'Texas, on leases no,,,i held by grantee, or hereafter, -wit-kin the said sit :ty Iayz period, acquired by him; and grantee shall have the further -,)eriod of four months from and after the expiration off' said sixty day period within which to determine whether nat,-,-ral ,,,,as exists and can be produced in - al':er County, in SrUffiCient quantities and at a loin enough cost to justify the de%.-elo.Y,)Ment then :of fro use in said City of Huntsville, under the fok1going provisions of this franchiwc; and the grantee does by acceptance of this franchioe, agree that trithin the sixty day/ period from and after the final passage and approval of this ordinance, he will begin actual operations for the prospecting for and develo,';Yfgent of nati-iral gas within AUccr County, and that within the four nont s Deriod succedding the said period of sixty days he 4-cat out the nat,.-ral U gas 'oro,-: ects in al.,.er County ;3ufficiently to enable him to determine whether natLlral ga3 can be produc6d in County in -ufficient quantiti--�s and tit a lo.-. cnot4; h cost to ju..tify tl-u-.- production and distribution thf:reof. W6" If Grantee shall discover, pursuant to the prospecting which he has in this section of this franchise agreed to dog that hatural gas ca-- bO obtained in '.talker County, in sufficient qual----tities and at a low enough/ cost to render the same merchantable, and to justify the PiP&Ikg of same from the field to Huntsville, and the distribution thereof in Huntsville, in accordanow with the provisions of this franchise, then grantee promises and binds himself --tiithin the further ceriod of six months, that is to say, within the total period of one U year from the final ;passage and ap-t,,roval of this ordinance, to lay sufficient pipe lines from the field to the City Of Huntsville, an-i to lay the gas inains in the City of Huntsville and to 10 all the other construction necesmaxy 6n his part to the distribution of natural gas in said City, and the failure on the -part of the Gra.tee,, his successor, lessees and ass ;igns, to have natural gas ready for distribution within the limits of the City of Huntsville, as contemplated in this,ranchise within '.he said period of one year from and after the final pas age and a. pproval of this franchise, shall operate ac a forfeiture of the ri,"",-ts conferred upon the grantee,, his successors, lessees and assigns, of this franchise; but it is stipulated that, if the Crante,---,,, upon the testing out of the alker County field for natural Tan, s, disrovers that the gas supply in -,lker County is not sufficient to justify the construction of pipe lines therefrom to the City of Huntsville, he shall, after such discovery, have the right and privilege to bring into the said City of ffunts-%rille, natural gas froi-.q other fields and distbibute sane under the ppovisions of this ordinance; and he shall have twelve months from the date of the f ivail -passage and ." -)-;roval of this ordinance within which to bring in to the City of Huntsville natural gas, either 4.�' from a ",,alker County fii-ld or from other sources of sup..�Jy. :'IECTION 14: Be it further Ordained by the City Council of the City of Huntsville, Texas, that the �riaximum monthly rate charged as Per Section 7, foe natural gas shallbe as follows: ,I .-'."inimum Plus 50,d per month service charge First 10,000 Cu. Ft. .80 per Cu. '"-i't. Zubject 11-o 10;6 Disc, Next 101,000 " 0 .75 ti n a tt n It of Next 10, 000 8 60 to ri Next 201,000 It .50 n it 0 -7- A monthly s 2V--ce ellarcre of 5Qg, to discount. M. , _ Not jubject The above 10% discount -Jill be allowed only v-,' rhen payment of bill -made ade in full on or before ten (10) days after date of rendition of bil 1 1 to co,-jstLrqer by Grantee herein. The Grantee shall have the Privilege of contracting with both dome.; 'tic and induatrial consumers V' lose monthly gas rewiremlents are in excess Of 50,000 cubic feet per month, at rates -th 1; .,ss than the foregoing, provided the same rates are extended to all such consiziers using gas for similar purposes, SECTION 16& -NTot*.,ithstanding other provisions hereof, nothing herein conte4ned , hall ever be held or constrl!;d' as conferring upon the Rrante,= any exclzx,>ive right, privilege or grant 01C any natl.:re Whatsoever, SECTION 16; ithirt Rixty days (60) from and after the time this ordinance shall take effect and 10,,:come a law, the Grantee shall file with the City his written acceptance of the provisions hereof, and in case of - in failure to file such acceptance wil,�Ivthe time specified, then this ordinance shall become null and void, 3-- ction 17: At the timim ordianance, he shall also file a bond in legal -'L7ori;i, in the penal sLl-t-.l of One Thousand Dollars, ..i-IIh NOme bonding com-oany or cor3oration, aithol-i.-od to do in this State, as surety thereon, payable to the said CItII7 of Huntsville, and tote approved by the 1mayor of said City, ariki conditioned t-hat Grantee shall commence -nork looking to the prospecting for and deve-lop4ien't of natural gas in alml r County thih sixty days after the final pas,.-age and apl)roval of this franchise; and that grantee shall have a plant in operation for distribution of gas in the City Of Ifuritsvilleg under this franchise, on or before twelve mont'.-s from the date of the final passage and approval of this franchise, unavoidable conditions causing delays being excepted. The bond shall become null and void upon compliance iirith its conditions, but upon failure to comply %I-Ith the conditions that grantee shall co mmience irork looking to the pro spectin,�', for and developr;Lent of natural in 'a.lk--r County,, v,,ithin sixty days dfter the final pas-age and approval if this franchise, the grantec may -�iy to the said City of Huhts-vrilie the sum of one Thousand Dollars, and give notice of his -8- surrender of this franchise, and such payment and surrender shall be accepted as liquidated daivages, and in 'Lull satisfaction of t1he obliga- tion of sl-�,id bond, and of grantee hereunder; and, if grantee shall begin operations looking to the prospecting for and dev:lopment of natural gas in al,,:er County, 'within sixty days after the final pas. age and approval of this franchise, and sl- 11, -.7ithin, the period of four months next succeeding the said period Of sixty days, in good faith drill or cause to be drilled as many as t-dp cells, in ail of fort i10 determine whether r.atural gas exists ill �alker County in corrimercial q, - 7antities to Ju tify the construction of pipe lines and gas mains, as provided for in 04 U,hcr sections Of this ordinance, if the said grantee, or his assigns hereof, shall, after the drilling Of as :.zany as two viells ithin the said -ieriod Of four months, determine that natural ,-,as call not be found in alker County in merchantable quantities, said grantee, or his assigns hereof, may, at the end of said Period of four months, surrender and ;Ave notice o-" I the surrender of this -fr&nchis -C., and shah gur•ander shall be in full satisfaction of all liability- of the said grantee under tilis ;V ;ranchise, and under baid bond, and the said bond shall be there :.)on set ,read to the grantee, or `i-_, les.-,ees or assigns; but, if the grantee, v or IrAs lessees or assigns, shauld, a ter the drilling of two or more wells , in the efforts he shall -ma-I.ce to determine whether natural gas can be -roduced in alker County in merchantable qua,-Ititiesj, decide ,.)rior to or at the end of said four nonths period, that he or they will undettake to bring into the City of Hu:nLaville a natural h as supply from other sources, Said grantee, hi;; lesl;ees Oz assigns, shall have a further ;)eriod of six iaontlis after t1ie expiration of said four months period, within -0 bring into the said "'i'Y Of Huntsville nat ,I.ral gas from other eourcesj, sufficient to supply tle 0 City, ij a ,, 0 of Il'untsville, as contemplait-,,d in t1lis ordinance, and in that event, the band dhall continue 4 in force and affect, and Shall obligate the his lessees or assign wit.hin the further period Of six Pion 4-11S, .L t1- to bring into the City of Hunt s- ville, and have ready for distribution in said City, natural P_,.as from oilier sources to supply the said City, as provided for in this franchise and on failure to do so, the said bond shall become payable, but in til-lat event, all the obli,---ations of the Grantee, his lessees or assigns,, under this franchise and under the bond, may be satisfied by the payment to the -9- City Treasurer of the City of JTurjj*,sVijje of the. smVI of One Thousand Dollars, and the surrender of this franchise. e recommedd the adoption of the abDve ordinance ORDIlLUCE ('00=1TTEE Pasoed the �day of Approved limm .—St the Day of Mayor of the City of Huntsv—e Texas AT 111 ST: : City :secretary.