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CM 1960-09-10THE STATE OF TEXAS COUNTY OF DALLAS The Town Council of the Town of Coppell, Texas, convened on this the lOth day of September, 1960, with the following members present, to-wit: W. T. Cozby, Mayor John Burns, Frank Harwell, Aldermen C. T. Waters, L. A. Johnson, Bill Harwell, Town Secretary constituting a quorum, when among other proceedings has was the following: Mr. Thomas M. Gormley, representing Lone Star Gas Company, presented an amended proposal for the use of the streets, alleys, and other public places within the corporate limits of the Town of Coppell, Texas. Mr. Waters made a motion that the proposal as presented be accepted. The motion was seconded by Mr. Frank Harwell. The motion prevailed by the following vote: AYES: Messrs. Burns, Harwell, Waters and Johnson. NOES: None. The proposal as accepted is as follows: ,,STATE OF TEXAS COUNTY OF TO THE HONORABLE TOWN COUNCIL OF THE TOWN OF COPPELL., TEXAS: Now comes Lone Star Gas Company, a Texas corporation, and. respectfully submits the following proposal: Lone Star Gas Company will accept an ordinance granting it a franchise to furnish and supply gas to the general public in the Town of Coppell, Dallas County, Texas on the form marked Exhibit "A" attached hereto and by this reference incorporated herein and lay the original gas mains shown on the plat attach- ed to the proposal filed with the Town SeCretary of Coppell, Texas and presented to the Town Council of the Town of Coppell, Texas by Lone Star Gas Company on September 8, 1960 as Exhibit "B" thereto within a reasonable time not to exceed ninety (90) days unless prevented therefrom by act of God or public author- ity or the inability to secure the necessary pipe and materials by reason of orders or regulations promulgated by public authority at at its own expense. Lone Star Gas Company shall not be obligated to accept such franchise or construct such distribution plant if the Town of Coppell acting through its Town Council does not cause the suit it filed against Lone Star Gas Company styled Town of Coppell, Texas v. Lone Star Gas Company, No. 54,353-F, in the ll6th Judicial District Court of Dallas COunty, Texas, to be dismissed and also cause the temporary restrain- ing order issued in such cause to be dissolved. This proposal replaces and supersedes the proposals presented by Lone Star Gas Company to the Town Council of the Town of Coppell, Texas on September 7, 1960 and September 8, 1960. Respectfully submitted, Lone Star Gas Company Thomas M. Gormley ACCEPTED this the 10th day of September, 1960 by resolution adopted by Town Council. (SEAL) ATTEST: /s/ w. T. BILLY J. HARWELL Mayor, Town of Coppell, Texas " Secretary The Secretary presented for the consideration of the Town Council a proposed ordinance. Mr. Burns made a motion that the rules requiring ordinances to be read at more than one separate meeting be suspended for the reasons stated in the emergency clause. The motion was seconded by Mr. Waters. The motion prevailed by the following vote: AYES: Messrs. Burns, Harwell, Waters and Johnson. NOES: None. Mr. Waters made a motion that the ordinance be passed finally. The motion was seconded by Mr. Frank Harwell. The motion carrying with it the final passage of the ordinance prevailed by the following vote: AYES: Messrs. Burns, Harwell, Waters and Johnson. NOES: None. The Mayor requested to be recorded as voting "Aye". The ordinance as finally passed is as follows: - No - 024 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 TOWN OF COPPELL, DALLAS COUNTY, TEXAS, AND THE ENVIRONS THEREOF; FIXING RATES AND CHARGES FOR NATURAL GAS AND NATURAL GAS SERVICE; 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, EX- CEPTING AD VALOREM TAXES AND TAXES OF GENERAL APPLICATION. BE IT ORDAINED BY THE TOWN CCIJNCIL OF THE TOWN OF COPPELL, TEXAS: SECTION 1. That the Town of Coppell, Texas, hereinafter called "Town", 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 Town for the purpose of laying, main- taining, 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 corporations, including all the general public, within the Town's corporate limits and the environs thereof, said consent being granted for a term of thirty-five (35) years from and after the date of the final passage and approval of this ordinance. SECTION 2. Company shall lay, maintain, construct, operate and re- place its pipes, mains, laterals and other equipment so as to interfere as little as possible with traffic and shall promptly clean up and re- store to an approximate original condition, at its cost, all thorough- fares and other surfaces which it may disturb. The location of all mains, pipes, laterals and other appurtenant equipment shall be fixed under the supervision of the Town Council or an authorized committee or agent appointed by said Council. SECTION 3. "when Company shall make or cause to be made excavations or shall place obstructions in any street, alley or other public place, the public shall be protected by barriers and lights placed, erected and maintained by Company; and in the event of injury to any person or damage to any property by reason of the construction, operation or maintenance of the gas distributing plant or system of Company, Company shall indem- nify and keep harmless Town from any and all liability in connection therewith. Company shall repair, clean up and restore to an approximate original condition all streets and alleys disturbed during the construction and repair of its gas distributing system. 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 business, 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 premises. Company shall own, operate and maintain all service lines which are defined as the supply lines from the Company's main to the consumer's curb line when mains are located in the streets 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 on any street more than fifty (50) feet for any one consumer of gas. Nor shall Company be required to connect to intermediate or high-pressure lines. SECTION 6. Company shall 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 monthly bill, which said de- posit 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 per cent (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 Town 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 Town and the inhabitants thereof. SECTION 8. Company shall furnish reasonably adequate service to the public at reasonable rates and charges therefor; and Company shall maintain its property, equipment and appliances in good order and con- dition. SECTION 9. Company, its successors and assigns, agrees to pay and Town agrees to accept, on or before the first day of April, 1961, and on or before the same day of each succeeding year during the life of this franchise, up to and including the year 1995, a sum ofmoney which shall be equivalent to two per cent (2%) of the gross receipts received by the Company from the sale of gas to its domestic and commercial con- sumers within the corporate limits of said Town (expressly excluding, however, receipts derived from sales to industrial and governmental users and consumers in said Town) 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 Town. 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 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 Town may impose or hereafter be authorized to levy and collect, excepting only the usual general or special ad valorem taxes,, which Town is authorized to levy and impose upon real and personal property or any other tax of general applica- tion which Town may hereafter be authorized to levy and impose. Should Town not have the legal power to agree that the payment of the fore- going 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 Town agrees that it will apply so much of said sums of money paid as may be necessary to satisfy Company's obligations, if 'any, to pay any such taxes, licenses, charges, fees, rentals, ease- ments or franchise taxes or charges. In order to determine the gross receipts received by Company~ from the sale of gas (expressly excluding the sales of gas to industrial and governmental consumers) within the corporate limits of Town, 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 Town Clerk a sworn report showing the gross receipts received from the sale of gas to its domestic and commercial consumers within said corporate limits for the calendar year preceding the date of payment. Town may, if it sees fit~ have the books and records of Company examined by a represen- tative of said Town to ascertain the correctness of the sworn reports agreed to be filed herein. Receipts from sales to governmental users or consumers shall in- clude all those receipts derived from the sale of gas to federal, state, county or town governments or branches and subdivisions thereof, school districts or other similar districts, it being the intention to include within the term "governmental user and consumers" all tax-supported institutions owned or operated directly or indirectly by said govern- ments and branches or subdivisions thereof, such as schools, colleges, hospitals, eleemosynary institutions, army or training camps, airports, courthouse, town hall and other institutions of like or similar kind and character. "Industrial users or consumers" as herein used, are those generally and commonly classified as such by Company. The payment herein provided shall be for the period January i to December 31 of the respective year that the payment is made. SECTION lO. Effective with the first gas bill rendered after the effective date of this ordinance, the rates and charges for sales of natural gas and natural gas service rendered to residential and com- .-~ mercial consumers within the town limits of Town by Company are hereby fixed and determined to be as follows: (Based on Monthly Consumption Registered on One Meter) First i MCF @ $1.760 per MCF gross; $1.584 per MCF net. Nemt i MCF @ 1.482 per MCF gross; 1.335 per MCF net. Next 3 MCF @ .927 per MCF gross; ,834 per MCF net. Next 20 MCF @ .649 per MCF gross; .584 per MCF net. All Over 25 MCF @ .593 per MCF gross; .534 per MCF net. A minimum charge of One Dollar and Fifty-Three Cents ($1.53) per meter per month shall be made even though customer shall not have used sufficient gas in such month to make the amount of the bill equal to such One Dollar and Fifty-Three Cents ($1.53). Net rate shall apply to all bills paid within ten (10) days from monthly billing date. Thereafter, gross rate shall apply. The above rate schedule is applicable to each customer per month or for any part of a month for which gas is used at the same location. The rates and charges herein provided, however, shall be subject to revision and change by either the Town of Coppell or Company in the manner provided by law. SECTION 11. Effective with the date of passage of this ordinance there is hereby fixed and determined a Reconnect Charge to be applied as follows: A charge of Two Dollars ($2.00), or the cost of actual materials and labor furnished,whichever is greater, is to be made in instances where service is being reinaugurated for the same customer in the same distribution plant within a period of twelve (12) months following the date service was last discontinued, and it shall also apply in cases where gas service has been discontinued for nonpayment. This Re- connect Charge shall apply in those cases where the customer discontinues service at one location and resumes service at another within the same town, and will also include seasonal customers who discontinue and resume service at the same_ location within a period of twelve (12) months. This charge however shall not be made to a new customer or one whose ser- vices have been discontinued and resumed after a period of more than one year. The Reconnect Charge will apply on right of way accounts so long as the customer's moves are confined to within a billing district. This charge is not to be made to churches, public schools and governmental buildings supported by town, county, state or federal fund s. SECTION 12. Company shall file its written acceptance of this franchise ordinance within sixty (60) days after its final passage and approval by said Town. The Secretary presented a proposed resolution for the consideration of the Town Council. Mr. Waters made a motion that the resolution be adopted. The motion was seconded by Mr. Johnson. The motion, carrying with it the adoption of the resolution prevailed by the following vote: AYES: Messrs. Burns, Harwell, Waters and Johnson. NOES: None. The resolution as adopted is as follows: BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF COPPELL, TEXAS: That the Town Attorney of Coppell, Texas be, and he is hereby, authorized and directed upon exhibition and delivery to him of the formal acceptance by Lone Star Gas Company of the franchise granted to it by the Town of Coppell at its meeting held on September 10, 1960 to cause the temporary restraining order heretofore issued in CauSe No. 54,353-F in the ll6th Judicial District Court, Dallas County, Texas, styled Town of Coppell, Texas v. Lone Star Gas Company, to be dissolved and to cause said suit to be dismissed with the understanding that all costs of court therein be taxes against Defendant Lone Star Gas Company. There being no further business to come before the Town Council, on motion duly made, seconded and carried, the meeting was acjourned. PASSED ANO APPROVED, this the lOth day of September, 1960. W. T. Cozby Mayor, Town of Coppell, TeXas ATTEST: Billy Harwell Town Secretary