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1986F20- GRANTING ENTEX, INC. ORDINANCE NO. ~~~-~O AN ORDINANCE GRANTING ENTEX, INC., ITS SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE AND FRANCHISE FOR A PERIOD OF THIRTY (30) YEARS TO CONSTRUCT, LAY, MAINTAIN, OPERATE, EXTEND, REMOVE, REPLACE AND REPAIR A SYSTEM OF PIPE LINES, GAS MAINS, LATERALS AND ATTACHMENTS AND ALL DESIRABLE INSTRUMENTALITIES IN, UNDER, OVER, ACROSS AND ALONG ANY AND ALL STREETS, AVENUES, PARKWAYS, SQUARES, ALLEYS AND ALL OTHER PUBLIC PLACES IN THE CITY OF SCHERTZ, GUADALUPE COUNTY, FOR THE PURPOSE OF TRANSPORTING, DISTRIBUTING, SUPPLYING AND SELLING GAS (NATURAL AND/OR ARTIFICIAL AND/OR MIXED) FOR HEATING, LIGHTING, POWER, AND FOR ALL OTHER PURPOSES FOR WHICH GAS MAY BE USED, TO THE MUNICIPALITY OF SAID CITY OF SCHERTZ, TEXAS AND ITS INHABITANTS AND OTHERS; PROVIDING CONDITIONS CONTROLLING THE USE OF PUBLIC THOROUGHFARES AND EXTENSIONS THEREIN; ESTABLISHING STANDARDS OF SERVICE; PROVIDING FOR PAYMENT OF TWO PERCENT (2%) OF THE GROSS RECEIPTS FROM THE SALE OF GAS WITHIN THE CITY; PROVIDING FOR ACCEPTANCE; PROVIDING A SEVEFABILITY CLAUSE; MAKING MISCELLANEOUS PROVISIONS; AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION 1. The City of Schertz, Guadalupe County, Texas, herein called "Grantor," does hereby grant unto Entex, Inc., its successors and assigns, herein called "Grantee," the right, privilege, and franchise to construct, lay, maintain, operate, use, extend, remove, replace and repair in, under, over, across, and along any and all of the present and future streets, avenues, parkways, squares, alleys, thoroughfares, roads, highways, sidewalks, viaducts, bridges, streams, public grounds, public properties, and other public places in the City of Schertz, and in all tracts, territories, and areas hereafter annexed to or acquired by and placed within the corporate boundaries of said municipality, a system of pipes, pipelines, gas mains, laterals, conduits, feeders, regulators, meters, fixtures, connections, and attachments and other desirable instrumentalities and appurtenances necessary or proper, for the purpose of transporting, distributing, supplying and selling gas (natural and/or artificial and/or mixed) for heating, lighting, power and for any other purpose for which gas may now or hereafter be used, in and to said municipali ty and its inhabitants or any other person or persons within or without the corporate boundaries of said municipality. SECTION 2. Grantee's property shall be so constructed and maintained as not to interfere unreasonably 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. SECTION 3. Grantee shall not be required to run or extend any pipe a distance exceeding one hundred (100) feet, not to exceed a diameter of two (2) inches, in order to bring gas service to the property line of each additional customer. SECTION 4. 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 reasonable security for the payment of its bills. SECTION 5. In consideration of the rights and privi- leges herein granted, Grantee agrees to pay to the Grantor annually during the continuance of this franchise a sum of money equal to two percent (2%) of the gross receipts for the preceding year received by the Grantee after the effec- tive date of this franchise from the sale of gas within the corporate limits of the Grantor. Payments hereunder shall be calculated on the basis of gross receipts from the sale of gas within the corporate limits of Grantor during the year next preceding that on account of which the payment is made and shall be payable on or before the first day of February of the year for which payment is made, beginning with the first day of February next following the effective date of this franchise and each and every year thereafter. Upon receipt of the above amount of money, the City Secreaty shall deliver to the Grantee a receipt for such amount. -2_ Upon request of the Grantor, Grantee shall present to it any and all records, accounts and books for inspection relative to the gross receipts of Grantee within the corpo- rate 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 occu- pancy for the streets, alleys and public places within Grantor, and in lieu of any pipe tax or inspection fee or tax, but shall not in anywise increase or diminish Grantee's obligation to pay the Grantor ad valorem taxes or anywise interfere with collection thereof. Any special taxes, rentals or other charges accruing after the effective date of this franchise, under the terms of any preexisting 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 6. Grantee shall hold Grantor harmless from all expenses or liability for any unlawful or negligent act of Grantee hereunder. SECTION 7. Nothing herein contained shall ever be held or considered as conferring upon Grantee and its successors and assigns any exclusive rights or privileges of any nature whatsoever. SECTION 8. All ordinances and parts of ordinances in conflict herewith are hereby repealed. SECTION 9. This franchise shall take effect and con- tinue and remain in effect for a period of thirty (30) years from and after the date which is thirty (30) days after the adoption and passage of this franchise ordinance on second and final reading, provided Grantee files a written acceptance of this franchise ordinance with Grantor within one hundred twenty (120) days after final passage of this franchise ordinance. _ 3_ SECTION 10. I f 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 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, provisions or regulation, and to this end, all provisions of this ordinance are declared to be severable. Read in full, passed and adopted on first reading at a regular meeting of the City Council of the City of Schertz, Texas on the 15th day of July, 19 86 by a vote taken by the "yeas" and "nays" as follows: f/Ye~ Nay Mayor SAWYER Councilman SHARPE y Councilman BALDWIN L.--- Councilman STANHOPE t-- Councilman AGUILAR ,,- Councilman GREENWALD v and approved by the Mayor. ATTEST APPROVED E ETARY OF THE CITY SCHERTZ, TEXAS SCHERTZ, Read in full, passed and adopted on second and final reading at a regular meeting of the City Council of the City -4- of Shertz, Texas on the 5th day of August , 1 ~6 vote taken by the "yeas" and "nays" as follows: !rietr.- Nay by a Mayor SAWYER Councilman SHARPE y'"' Councilman BALDWIN v Councilman ST ANHOPE ;/ Councilman AGUILAR ,,/ Councilman GREENWALD / and approved by the Mayor. ATTEST APPROVED CITY 4YOR ~HE F SCHERTZ, TEXAS -5- ~ THE STATE OF TEXAS 5 COUNTY OF GUADALUPE 5 I, JUNE G. KRAUSE the duly appointed, qualified and acting City Secretary of the City of Schertz Texas, hereby certify: ftYe.$ Nay Mayor SAWYER Councilman SHARPE i'-......-' Councilman BALDWIN v Councilman STANHOPE 0/' Councilman AGUILAR v Councilman GREENWALD v' (b) that the above and foregoing ordinance of the City of Schertz was passed and adopted on second and final reading at a regular meeting of the City Council of the City of Schertz held on the 5th day of August ,19 8~; that written notice of the date, hour, place and subject of said -6- meeting was posted for at least 72 hours preceding the scheduled time of said meeting on a bulletin board located in a place in the City Hall which is convenient and readily accessible to the general public at all times; and that the Mayor, SAWYER BALDWIN , and Councilmen SHARPE STANHOPE AGUILAR , and GREENWALD were present at said meeting and acted as the City Council throughout; that the "yeas" and "nays" were taken upon the passage of such ordinance and entered upon the journal of the proceedings of the City Council, as follows: f!Yea Nay Mayor SAWYER Councilman SHARPE ;-/ Councilman BALDWIN V Councilman STANHOPE t-- Councilman AGUILAR ,/ Councilman GREENWALD v (c) that said ordinance has been approved and authenticated by the Mayor and is duly authenticated and attested by the City Secretary; and the same has been systematically recorded and indexed in an ordinance book in a manner approved by the City Council of the City of Schertz, Texas. EXECUTED under my hand and the official seal of the City of Schertz, Texas, at said City, this 16th day of September , 19 86 ~ THE TEXAS c (SEi\L j -7- To the Honorable Mayor and City Counci 1 of the City of Schertz, Texas: Entex, Inc. for itself, its successors and assigns, hereby accepts the attached Ordinance, finally passed by the City Council of the City of Schertz, Texas on the ~ day of ~ ,19Jt, and agrees to be bound by all of its terms and provisions. ENTEX, INC. By 4.J.&A-~ Vice President t day of c1~../ , 1 9 J't . Dated the NOTE TO THE CITY SECRETARY: Please do not complete the certificate below until after the Company has completed the Acceptance set out above. THE STATE OF TEXAS 5 COUNTY OF GUADALUPE 5 I, the duly appointed, qualified and acting City Secretary of the City of Schertz, Texas, do hereby certify that the above and foregoing Acceptance was received and filed in the office of the City Secretary of the City of Schertz on the 67J... day of a};td?r- ' 19~. (SEAL) -8- ENIEX '.o.~~~oo'~~ February 25, 1986 Honorable Mayor and City Council City of Schertz Ladies and Gentlemen: For many years Entex and its predecessors have supplied your City with dependable natural gas service. We have made a consci- entious effort to anticipate and meet your needs under all operating conditions. We are grateful for your cooperation and confidence which has helped make this possible. We also need to advise you at this time of an increase in the cost of service to our customers in the South Texas Division for the calendar year 1985 over the calendar year 1984. The amount to be passed to our customers through the adjustment clause in the rate schedule applicable in your City will be $0.44 per month. This increase is approximately 1.5 cents per day per customer. The computation of this adjustment is shown on the attached worksheet. The operating expenses used are those reported to the Railroad Commission of Texas in the annual report of Entex, Inc. Also attached are substitute Residential and Commercial Rate Schedules for your city reflecting this adjustment. No action is required by your Council at this time in con- nection with this matter. If there are any questions, we will be pleased to answer them. We assure you that we will do everything possible to continue to merit your confidence with our Company. Sincerely, '5t{ C1 (( ..-=><: . /. 0) Xiii:!) Attachments ENTEX, INC. SOUTH TEXAS DIVISION COST OF SERVICE CALCULATION Total Operating Expenses 1) 1984 $58,334,284.11 1985 $57,197,047.30 Deduct: Total Gas Purchased 1) Gross Receipts Tax 42,327,375.08 1,979,154.65 40,365,901. 04 2,135,763.81 $14,695,382.45 Cost of Service Customers 1) $14,027,754.38 116,578 117,012 Cost of Service Per Customer $ 120.33 $ 125.59 Increase in Cost of Service: Per Customer Per Year $ 5.26 $ .44 Per Bill 1) The operating data for 1984 and 1985 appear in the Entex Annual Report to the Railroad Commission of Texas. ENTEX, INC. RATE SHEET RESIDENTIAL SERVICE RATE SCHEDULE NO. R-384-1 APPLICATION OF SCHEDULE This schedule is applicable to consumers receiving gas for uses usual in a home through a single meter serving a single family dwelling and its related structures. Natural gas supplied hereunder is for the individual use of the customer at one point of delivery and shall not be resold or shared with others. NET MONTHLY RATE First Next Next Over 400 cubic feet or less 2,600 cubic feet 7,000 cubic feet 10,000 cubic feet $8.66 .1167 per 100 cubic feet .0817 per 100 cubic feet .0667 per 100 cubic feet MINIMUM MONTHLY BILL $8.66 PAYMENT Bills shall be rendered on a monthly basis and are due and payable within ten (IO) days from the date of bill. PURCHASED GAS ADJUSTMENT PROVISION The above net monthly rate per unit sold is predicated upon a price of gas purchased for resale hereunder of 26.27 cents per Mef. To the extent that Entex I s price of gas to be purchased (adjusted to correct any prior variations from actual costs) for resale hereunder increases or decreases, said net monthly rate shall be adjusted up or down to reflect (i) changes in such cost of gas per unit sold and (ii) changes in gross receipts taxes resulting from such increases or decreases in the net monthly rate. For purposes of calculating said adjustment, it shall be proper for Entex to determine its cost of gas from its several suppliers and the gross receipts taxes to be paid on the basis of a logical geographical area. If Entex receives any refunds of any increased cost of purchased gas that have been passed on under this provision, a refund shall be made to consumers served by this rate schedule. COST OF SERVICE ADJUSTMENT PROVISION Annually, effective with all bills rendered after April 1, the above net monthly rate shall be adjusted upward or downward for increases or decreases in the cost of providing gas service (including depreciation but excluding cost of gas, gross receipts taxes, income taxes and return) for the previous year ended December 31 above or below such cost incurred in the second prior calendar year. These annual adjustments shall be cumulative. The operating expenses used in this computation shall be those reported to the Railroad Commission of Texas in the annual report of Entex, Inc. A computation shall be made of the amount of such increase or decrease applicable to each customer in the South Texas Division, and the net monthly rate set forth above shall be adjusted upward or downward to reflect such change in the cost of providing gas service. A substitute Rate Sheet shall be filed to reflect such change. Service under this schedule shall be furnished in accordance with the Company1s General Rules and Regulations. Substitute Rate Sheet Effective April 1, 1986 ENTEX, INC. RATE SHEET COMMERCIAL SERVICE RATE SCHEDULE NO. SC-384-1 APPLICATION OF SCHEDULE This schedule is applicable to consumers using gas for purposes other than residential whose consumption in any month is less than 150,000 cubic feet. When a customer uses in excess of 150,000 cubic feet in any month, the consumer shall be billed on the applicable large volume rate schedule. Natural gas supplied hereunder is for the individual use of the customer at one point of delivery and shall not be resold or shared with others. NET MONTHLY RATE First 400 cubic feet or less $11.21 Next 6,600 cubic feet .1835 per 100 cubic feet Next 8,000 cubic feet .1167 per 100 cubic feet Next 15,000 cubic feet .0817 per 100 cubic feet Over 30,000 cubic feet .0667 per 100 cubic feet MINIMUM MONTHLY BILL $11.21 PAYMENT Bills shall be rendered on a monthly basis and are due and payable within ten (10) days from the date of bill. PURCHASED GAS ADJUSTMENT PROVISION The above net monthly rate per unit sold is predicated upon a price of gas purchased for resale hereunder of 26.27 cents per Mef. To the extent that Entex 's price of gas to be purchased (adjusted to correct any prior variations from actual costs) for resale hereunder increases or decreases, said net monthly rate shall be adjusted up or down to reflect (i) changes in such cost of gas per unit sold and (ii) changes in gross receipts taxes resulting from such increases or decreases in the net monthly rate. For purposes of calculating said adjustment, it shall be proper for Entex to determine its cost of gas from its several suppliers and the gross receipts taxes to be paid on the basis of a logical geographical area. If Entex receives any refunds of any increased cost of purchased gas that have been passed on under this provision, a refund shall be made to consumers served by this rate schedule. COST OF SERVICE ADJUSTMENT PROVISION Annually, effective with all bills rendered after April 1, the above net monthly rate shall be adjusted upward or downward for increases or decreases in the cost of providing gas service (including depreciation but excluding cost of gas, gross receipts taxes, income taxes and return) for the previous year ended December 31 above or below such cost incurred in the second prior calendar year. These annual adjustments shall be cumulative. The operating expenses used in this computation shall be those reported to the Railroad Commission of Texas in the annual report of Entex, Inc. A computation shall be made of the amount of such increase or decrease applicable to each customer in the South Texas Division, and the net monthly rate set forth above shall be adjusted upward or downward to reflect such change in the cost of providing gas service. A substitute Rate Sheet shall be filed to reflect such change. Service under this schedule shall be furnished in accordance with the Company's General Rules and Regulations. Substitute Rate Sheet Effective April 1, 1986 ~- ORDINANCE NO. 'Be, -F- ~ AN ORDINANCE GRANTING ENTEX, INC. ITS SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE AND FRANCHISE FOR A PERIOD OF THIRTY (30) YEARS TO CONSTRUCT, LAY, MAINTAIN, OPERATE, EXTEND, REMOVE, REPLACE AND REPAIR A SYSTEM OF PIPE LINES, GAS MAINS, LATERALS AND ATTACHMENTS AND ALL DESIRABLE INSTRUMENTALITIES IN, UNDER, OVER, ACROSS AND ALONG ANY AND ALL STREETS, AVENUES, PARKWAYS, SQU ARES, ALLEYS AND ALL OTHER PUBLIC PLACES IN THE CITY OF SCHERTZ, GUADALUPE COUNTY, FOR THE PURPOSE OF TRANSPORTING, DISTRIBUTING, SUPPLYING AND SELLING GAS (NATURAL AND/OR ARTIFICIAL AND/OR MIXED) FOR HEATING, LIGHTING, POWER, AND FOR ALL OTHER PURPOSES FOR WHICH GAS ~\AY BE USED, TO THE MUNICIPALITY OF SAID CITY OF SCHERTZ, TEXAS AND ITS INHABITANTS AND OTHERS; PROVIDING CONDITIONS CONTROLLING THE USE OF PUBLIC THOROUGHFARES AND EXTENSIONS THEREIN; ESTABLISHING STANDARDS OF SERVICE; PROVIDING FOR PAYMENT OF TWO PERCENT (2%) OF THE GROSS RECEIPTS FROM THE SALE OF GAS WITHIN THE CITY; PROVIDING FOR ACCEPTANCE; PROVIDING A SEVERABILITY CLAUSE; MAKING MISCELLANEOUS PROVISIONS; AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION 1. The City of Schertz, Guadalupe County, Texas, herein called "Grantor", does hereby grant unto Entex, Inc., its successors and assigns, herein called "Grantee", the right, privilege, and franchise to construct, lay, maintain, operate, use, extend, remove, replace and repai r in, under over, across, and along any and all of the present and future streets, avenues, parkways, squares, alleys, thoroughfares, roads, highways, sidewalks, viaducts, bridges, streams, public grounds, public properties, and other public places in the City of Schertz, and in all tracts, territories, and areas hereafter annexed to or acquired by and placed within the corporate boundaries of said municipality, a system of pipes, pipelines, gas mains, laterals, conduits, feeders, regulators, meters, fixtures, connections and attachments and other desirable instrumentalities and appurtenances necessary or proper, for the purpose of transporting, distributing, supplying and selling gas (natural and/or artificial and/or mixed) for heating, lighting, power and for any other 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. SECTION 2. Grantee's property shall be so constructed and maintained as not to interfere unreasonably 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. SECTION 3. Grantee shall any pipe a distance exceeding exceed a diameter of two (2) service to the property line of not be required to run or extend one hundred (100) feet, not to inches, in order to br ing gas each additional customer. SECTION 4. The service furnished hereunder to said municipali ty and its inhabitants shall be fir st-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 reasonable security for the payment of its bills. SECTION 5. In consideration of the rights and privileges herein granted, Grantee agrees to pay to the Grantor annually during the continuance of this franchise a sum of money equal to two percent (2%) of the gross receipts for the preceding year received by the Grantee after the effective date of this franchise from the sale of gas within the corporate limits of the Grantor. Payments hereunder shall be calculated on the basis of gross receipts from the sale of gas within the corporate limits of Grantor dur ing the year next preceding that on account of which the payment is made and shall be payable on or before the first day of February of the year for which payment is made, beginning with the first day of February next following the effective date of this franchise and each and every year thereafter. Upon receipt of the above amount of money, the City Secretary shall deliver to the Grantee a receipt for such amount. Upon request of the Grantor, Grantee shall present to it any and all records, accounts and books for inspection relative 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 shall not in anywise increase or diminish Grantee's obligation to pay the Grantor ad valorem taxes or anywise interfere with collection thereof. Any special taxes, the effective date of preexisting ordinance, rentals or other charges accruing after this franchise, under the terms of any 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 6. Grantee shall expenses or liability for any Grantee hereunder. hold Grantor unlawful or harmless from negligent act all of SECTION 7. Nothing herein considered as conferring upon assigns any exclusive rights whatsoever. contained shall Grantee and its or privileges ever be held or successors and of any nature SECTION 8. All ordinances and parts of ordinances in conflict herewith are hereby repealed. SECTION 9. This franchise shall take effect and continue and remain in effect for a period of thirty (30) years from and after the date which is thirty (30) days after the adoption and passage of this franchise ordinance on second and final reading, provided Grantee files' a written acceptance of this franchise ordinance with Grantor within one hundred twenty (120) days after final passage of this franchise ordinance. SECTION 10. 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 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. PASSED, APPROVED AND n "U..;f- ADOPTED this the , 1986. day of Approved on first reading the IS- day 1986. ATTEST: . 4;, - F - ').0 I ~ 'f';'i;;'~l;,,,"M~ ::fll.~Ii~iitllll>U MAIN OFFICE 122 East Byrd P. O. Box 2789 Universal City, Texas 78148 (512) 658-7424 PUBLISHER'S AFFIDAVIT (COUNTY OF BEXAR) (STATE OF TEXAS) ) I, Lori Robinson, authorized representative of the Herald Newspaper Group, do solemnly swear that the notice, a printed copy of which is hereto attached, was published once a week for 1 consecutive week(s) in the Northeast Herald published at Universal City, Bexar County, Texas, on the following daters), to wit: 21 August A.D., 19~ Subscribed and sworn to before me, this My commission expires 10-20-86 19tH day of September 1986 (2-1 fib.. :x;:~/ Notary public in and for Bexar County, Texas (NOTARY SEAL) ~\ ~ A Division of Harte-Har, -~'::)ns. Inc. , -----~........ ~-C"^T -~ __ --:::~ - ~-~~,1i"~-;;:--' , " ",A"'''''''' '" . ~> >~ - ' . 1t..._2i,.~. '.- " AN ORDINANCE GRANTING ENTEX, INC. ITS SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE AND FRANCHISE fOR A PERIOD OF THIRTY (30) YI::ARS TO CONSTRUCT, LAY, MAINTAIN, OPERATE, EXTEND. REMOVE, REPLACE AND REPAIR A SYSTEM. qF PIPE LINES, GAS MAINS, LATERALS AND ATTACHI~ENTS AND ALL DESIRABLE INSTRUMENTALITIES IN, UNDER, OVER, ACROSS AND ~ONG ANY AND ALL STREETS, AVEalES, PARKWAYS, $OUARES, ALLEYS AND ALL OTHER PUBLIC PLACES !N THE CITY Of SCHERTZ, GUADALUPE COUNTY, fOR ~HE PURPOSE Of TRANSPORTING, DISTRIBUTING, iUPPLYING AND SELLING GAS (NATURAL AND/OR ARTlfICIAL AND/OR MIXI::D) FOR HEATING, t.IGHTIMG, POWER, AND FOR ALL OTHER PURPOSES ~OR WHICH GAS MAY BE USED, TO THE MUNICIPALITY OF SAID CITY OF SCHERTZ, TEXAS AND ITS INHABITANTS AND OTHERS; PROVIDING CONDITIONS CONTROLL~NG THE USE OF PUBLIC THOROUGHFARES AND EXTENSIONS THERUN; ESTABLISHING STANDARDS OF SERVICE; PROVIDING FOR PAYMENT OF TWO ~f.RCENT (2%) OF THE GROSS RECEIPTS FROM 'fHE SALE OF GAS WITHIN THE CITY; PROVIDING FOR ACCEPTANCE; PROVIDING A SEVERABILITY CLAUSE; MAKING MISCELLANEOUS PROVISIONS; AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. BE IT ORDAINEU BY THE. CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION 1. The" City of Schertz, GuadaJupe County, Texas, hen;in calleci "Grantor", does hereby grant unto Entel(, Inc., its 5uccessor<; and as[;).gn5, herein caj.led "Grantee", the right, pri..ilege, anci franchise to const,uct, lay, maintain, operate, use, extend, remove, replace and repair in, under over, across, and along any and all of the present and future streets, avenues, parkways, squares, alleys, thoroughfares, roads, highways, sidewalks, viaducts, bridges, streams, public grounds, public properties, and other public places in the City of Schertz, and in all tracts, territories, and areas hereafter annexed to or acquired by and placed within the corporate boundaries of said municipality, a system of pipes, pipelin("s, gas mains, laterals, conduits, feeders,. reglllators, meters, fixtures, connections and attachments and other desirable instrumentalities an4 appurtenances necessary or proper, for the purpose of transporting, distributing, supplying and selling gas (natural and/or artificial and/or mixed) for heatinq, lighting, power and for any other purpose for which gas may now or hereafter be used, in (lnd to said municipality (lnd its inhabi tants or any other . person or pelsons .within or without the corporate boundaries of said municipality. SECTION 2. Grantee's property shall be so constructed and maintained as not to interfere unreasonably with traffic over the public thoroughfares of said mllnicipality and the same shall be laid in accordanc~ with the lines, grades, and conditions estab]j,shed by Grantor. SECTION J. Grantee shall any pipe a distance exceeding ~l(ceed a diai1'eter of two (2) serv.ice to the prop"rty line of not be required to run or extend one hundred (100) feet, not to i!1ches, in order to bring gas each additional customer. SECTIO~i 4. The service fu,ni[;i,eU hereunder to said ;n:.m.icipality ano its inhabitant" shall be first~clas& in all respe..:t:; considering all circumstances and shall be subject to such reasonabie rules and regulations <IS Grantee may make from time to time. Grantee may Lequire reasonable security for the payment of it" bills. SECtiON 5. In consideration of the rights and privileges herein granted, G"rantee agrees to pay to the Gtantor annually duting the continuance of this franchise a sum of money equal to. two percent (2%) of the gross receipts for the preceding yeat received;. by the Grantee after the effective oate of this franchi/!'if fl-wm the sale of gas within the corporate limits of the Grantor:' Payments hereunder shall be calculated on the basis of gross receipts from the sale of gas within thc corporate limits of Gra~r during the yeat next preceding that on account o~ ....hich LIllO paYl1'ent is made and shall be payabl~ on Ot before tbe first . of February of the year for which paYl1'enc_ i;; made, beyinnitft with th€ first day of Februa.ry next following the effectiVlT date of this fran<.:bi.8e and ea<:h and every year therea.f_"~r. Upon receIpt of the above amount of money, the Clty Se<.:reta/'t !lhall dellver to the Grante.;, a rece).pt for such an,ount. Upon request of the Grantor, Grantee shall present to it any and all reco:rds, accounts and books for inspection relative to the gross ~~ceipts of Grilntee within the corporate limits of the Grantor~ The consideration hereinabove set forth shall be paid and receivei in lieu of any license, charge, fee, street or alley rental Ir,oth.er character of cha~ge for use and occupancy for the streetsi-alleys and public places withIn Grantor, and In lIeu of any pip; tax or inspection fee or tax, but shall not in anywise increa~ Ot: diminish Grantee's obligation to pay the Grantor ad valorem taxes or anywise interfere with colh,ction thereof. Any special taxes, rentals or other charges accruing after the effective date of this franchise, under the terms il>f a.ny preexisting ordinance, or imposed upon Grantee by subs'equer.t action of, the Grantor shalJ, when paid to the Grantor, be applied as a cred).t to the amount owed to the Grantor lInder the terms of this franchise agreement. ." SECTION 6. Grarrtee shalJ hold Grantor harmless from all expenses or liability fat any unlawful or negligent act or Grantee heteunaer. SECTION 7. Nothing her",in contained shall evet be held or considered, as conferring upon Grantee and .its successors and assigns any exclusive ~ ights or pr ivileqes of any nature whatEoever. SECTION 8. All ordinances and part:;; of ordinances in conflict herewith ille hereby repealed. SECTION 9. Tbis franchise sloall take effect and continue and rer.lai'n in effect for a period of thirty (3D) yeats (rom and after the date which is thirty (3D) dilYS after the adoption and passage of this franchise ordinance on second and final reading, provHled Grantee files' a wIltten ilcct'ptance of ,thIS franchIse ol,]ina;)c" with Gtantor within one hunched twenty (120) days after fHld; pllS"'''-G'. of th.s franchHi~ ordInance. SECTION 10. If any provitnon, sectIon, subsection, sentence, clause, or phtase of this ordinancF' is for any reason held to be unconstit<.;{;ional, void, or invalid (or for any reason lInenforceable), the validity of the remaining portions of this ordInance shall not be affected thereby, it beIng the Intent of the Gtantor in adopt.ing this ordinance that no portion hereof o~ provision or regulation cont~ined herein shall become inoperative or fall by ,reason of .any unconstItutlona!).ty or InvalidIty of any othet pOltlon, pn;vlsIon or re<]ll1al.ion, and to thH' end, all provlsiollS of this ordinance are declared to be severable. Approved on firs: teading the1l::::_-,iay ()f-9.::-(~-' 1986. PASSEtt., APPROVED AND ADOPTED this the._.~_~_day of U D- f- ,1986. !s/Eorlw. Sawyer Mayor, City of Schertz, Texas ~-- fJ~l l Ai. it";] J!'~. ri l~~; ~:1JJ iil:'.. ~'~4 ~lJ)~~'=" ~L........- JJ!!!5:fj ~, ' --~'M4"_: ~~-F-?t I }"1AIN OFFICE 122 East Byrd P. O. Box 2789 Universal City. Texas 78148 (512) 658-7424 PUBLISHER'S AFFIDAVIT (COUNTY OF BEXAR) (STATE OF TEXAS) I, Lori Robinson, authorized representative of the Herald Newspaper Group, do solemnly swear that the notice, a printed copy of which is hereto attached, was published once a week for ~ consecutive weekes) in the Northeast Herald published at Universal CiSl' Bexar County, Texas, on the following daters), to wit: dl./ a,v1'~d.:C A.D., 19~. Subscribed and sworn to My commission expires before me, this 10-20-86 28 day of August l'l'36 (J11.uu -C. ~ Notary public in and for Bexar County, Texas (NOTARY SEAL) ! .. ,~,~,:,_s Ccmmunications. Inc. _.__~~,~..~~.. c-~,_~"~~----=,,, r LEGALS LEGALS AN ORDINANCE GRANTING ENTEX, INC. ITS SUCCESSORS AND ASSIGNS, 'rHE RIGHT, PRIVILEGE AND FRANCHISE FOR A PERIOD OF THIRTY (30) YEARS TO CONSTRUCT, LAY, MAINTAIN, OPERATE, EXTEND, REMOVE, REPLACE AND RBPAIR A SYSTEM or PIPE LINf.S, GAS MAINS, LATERALS AND ATTAClIMENTS AND ALr. DESIRABLE INSTRUMENTALITIES IN, UNDER, DVER, ACROSS AND ALONG ANY AND ALL STREETS. AVENUES, PARKWAYS, SQUARES, ALLEYS AND ALL OTHER PUBLIC PLACES IN THE CITY OF SCHERTZ, GUADALUPE C0UNTY, FOR THE PURPOSE Of TRANSPORTING, DIS1'!UBUTING, SUPPLYING AND SELLING GAS (NATURAL AND/OR ARTlfICIAL AND/OR MIXED) fOR HEATING, LIGHTl MG. POWER, AND FOR ALL OTHER PURPOSES FOR WHICH GAS MAY BE USED, TO THE MUNICIPALITY OF SlIID CITY OF SCHERTZ, TF:XAS AND ITS INHABITANTS AND OTHERS; PROVIDING CONDITIONS CONTROLLING THE USE OF POBLIC THOROUGHFARES AND EXTENSIONS THEREINl rSTABLISHING STANDARDS OF SERVICE; PROVIDI~G I'OR PAYMENT OF TWO <'ERCENT (2\) OF THE GROSS RECEIPTS FROM THE SALE_ OF GAS WITHIN, THE CITY; PROVIDING FOR ACCEPTANCE; PROVIDING A SEVERABlLITY CLAUSE; MAKING MISCELLANEOUS PROVISIONS; AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. BE IT ORDAll-iED BY THE. CITY COUNCIL or" THE CIT'i OF SCHERTZ, TEXAS, SECTION 1. The_City of Schertz, Guadalupe County, Tl,;xas, her€in called "Grantor", does hereby grant unto Entex, Inc., its successors and aSSigns, hendn called, "Grantee"", the right, prlvllege, and franchise to construct, lay" malntonn, operate, us<:, extend, remove, replace and repair in, under over, across, and along any and all of the present and future streets, avenues, parkways, squares, alleys, thoroughfares, roads, highways, sidewalks, viaducts, bridges, streams, public grounds, public properties, and other public places in the City of Schertz, and in all tracts, territories, and areas hereafter annexed to or acquired by and placed within the corporate boundaries of said municipality, a system of pipe<;, pipelines, gas mains, laterals, conduits, feeders, regulators, meters, fixtures, connections and attachments and other desirable instrumentalities anJ appurtenances necessary or proper, for the purpose of transporting, distributing, supplying and selling gas .(natural and/ot' artificial and/or mixed) for heatinq, liqhting, power and tot' any other purpose for which gas may now or hereafter be used, in and to said municipality and its inhabitants or. any other tterson or persons .within or without the corporate boundaries of said municipality. SECTION 2. Grantee's property shall be 50 constructed and maintained as not to interfere unre<lsonal>ly witt! trafflc over the public thoroughfares of said municip<llity and the same shall be lald In ae,cordance wlth the llnes, grades, and Condltions est~~li.shed by Gr~nto(. SECTION 3. Gruntee shall any pip€ a dist"nce exceeding IOxceed a" <hiimeter of two (2) ~ervice to the (.>toperty line of not be required to rUIl or extend one hundred (100) feet, not to inches, in order to bring gas each additional customer. SECT ION 4. The serv lce furnished he~ cuno",r to sald rr,unicipality and its inhabitants shall be first-clasb in all respects consideriny all circumstances and shall be subject to such reasonable tules and regulations as Grantee may make [rom time to time. Grantee may requiz:e reasonable secuz:ity for the payment of it:; bills. Sr:C'l'ION 5. In consideration of the rights and privilege>; herein granted, (;'rantee agrees to pay to the Grantor annually during tbe contwuance of this franchise a sum of money equal to_ two percent (2\) of the gross receipts for the preceding ye1lr received by the Grantee after the effective date of this franchise frum the sale of gas within the corporate limits of the Grantor. Payments hereunder shall be calcul<<ted on the basis of gros:; receipts from the sale of gas within the corporate limits of Grantor dl.lr.ng the year next precedlng that on account of which the paymen>: is made and shall be payable on or before the first dilY of Februaz:y of the yeat' for which payment is made, beg_'_nnIn'. WIth the first day of .February next follOWlng the effective date of this franchise and each alld evelY year thereafter. Upon receipt vf the abolle amount of money, the City Secretary shall deliver to the Grantee a receipt for such amount. U~on request of the Grantor, Grantee shall present to it any and all re\:ords, ac\:ounts and book!; for inspection relative 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 ~haracter of charge for use and occupancy for the streets,alleys and public places within Grantor, and in lieu of any pipe t..'K 'Or inspection fee .'Or tax, -but shllll not in (Inywise increase or diminish Grantee's obligation to pay the Grantor ad valorem taxes or anywise interfere with collection thereof. Any special taxes, rentals or other charges accrulng after the effective date of this franchise, under the terms ~[ any preexisting ordinance, or imposed upon Grantee by su,ba'equent .ction of the Grantor shall, when paid to the Grantor, be applied as a credit to the amount owed to the Grantor under the terms o[ this franchise agreement. SBCTION 6. Grarrtee shall hold Grantor harmless from all expenses or liability for any unlawf"l or negligent act of Grantee hereunder. SECTION 7. Nothing herein ,considered as conferring upon assigns any exclusive rights whatsoever. contained shall ",vet Le held or Grantee and its successors and or privileges of any nature SECTION 8. All ordinances and part~ of ordinances ln conflict herewith are hereby repealed. SECTION 9. TillS franchi.se shall take effect and continue and r('main in effect for a period of thirty (30) years from and after the date which is thirty [30) days alter the adoption and passage of this franchise ordinance on sec.ond and final reading, provi.ded Grantee files' a written acceptance of this franchise ordinance with Grantor within one hundred twenty (l20) days after final passage of this franchise ordInance. SECTION 10. If <my provHilon, section, subsection, r,ent('nc(", clause, or phrase of this ordinanc€ is for any reason held to be unconstitutional, void, or invalid (or (or any reason unenforceable), the validity of the remaining portions. of this ordInance shall not be affected thereby, it belng the intent of the Grantor in adopting this ordinance that no portion hereof or ptovlsion or regulation con~"ined herein shall become inoperative or fall by reason o[ any unconstttutionality Ot invalidity of any other portion, provision or regulation, and to thib end, all !>lo'lisions of this ordinance are declared to be severable. Approved on first reading the..L,f_day Of__~_' 19B6. PASSED, APPROVED AND ADOPTED this the ~. day of n [) ~ ~,1986..~ ---- /5/ E~rl W. Sawyer ~layor , City of Schertz, Texas . CenterPointTM Energy Entex April l, 2003 Honorable Mayor and City Officials City of Schertz City Hall Schertz, Texas RE: Filing of Residential and Commercial Rate Schedules for CENTERPOINT ENERGY ENTEX. Honorable Mayor and City Officials: ENTEX has changed its name to CENTERPOINT ENERGY ENTEX. For many years, ENTEX has supplied Schertz with reliable and dependable natural gas service. As CENTERPOINT ENERGY ENTEX, we will continue to make a conscientious effort to meet our customers' needs under all operating conditions and will continue to provide the same high quality natural gas service that ENTEX has been known for throughout the years. This year, CENTERPOINT ENERGY ENTEX is pleased to report that rates will decrease with all bills rendered on and after April 1, 2003. In accordance with Section 102.151 of the Texas Utilities Code, CENTERPOINT ENERGY ENTEX hereby files Rate Schedules R-384-1 and SC-384-1 that reflect a decrease of $0.27 per customer per month to be effective with all bills rendered on and after April 1, 2003. This filing is made so that you will be informed of the rates in Schertz. No action by the City is necessary. Please do not hesitate to contact us if you have any questions. As always, CENTERPOINT ENERGY ENTEX will strive to do everything possible to merit your continued confidence in our Company. Sincerely, =JflIlI~ Robert Sanders Area Manager RSlbew Attachments DELIVERED TO. /).-u.-A1~ {hxLHL.d-i2 NAME of the City of Schertz on this;jy{ day of ,0h,}.1 / ,2003. ''-j)H-71Ul/ !WjC'~-t..4L/ SIGNATURE "u" T------.-,u.-------...--'. CENTERPOINT ENERGY ENTEX RATE SHEET RESIDENTIAL SERVICE RATE SCHEDULE NO. R.384-I APPLICATION OF SCHEDULE This schedule is applicable to consumers receiving gas for uses usual in a home through a single meter serving a single family dwelling and its related structures. Natural gas supplied hereunder is for the individual use of the customer at one point of delivery and shall not be resold or shared with others. NET MONTHLY RATE First Next Next Over 400 cubic feet or less 2,600 cubic feet 7.000 cubic feet 10,000 cubic feet $10.84 + $.4400 per 100 cubic feet .1167 per 100 cubic feet .0817 per 100 cubic feet .0667 per 100 cubic feet MINIMUM MONTHLY BILL $10.84 PAYMENT Bills shall be rendered on a monthly basis and are due and payable within ten (10) days from the date of bill. PURCHASED GAS ADJUSTMENT PROVISION The above net monthly rate per unit sold is predicated upon a price of gas purchased for resale hereunder of 26.27 cents per Mcf. To the extent that CENTERPOINT ENERGY ENTEX's (hereinafter referred to as "Company") price of gas to be purchased (adjusted to correct any prior variations from actual costs) for resale hereunder increases or decreases, said net monthly rate shall be adjusted up or down to reflect (i) changes in such cost of gas per unit sold and (ii) changes in gross receipts taxes resulting from such increases or decreases in the net monthly rate. For purposes of calculating said adjustment, it shall be proper for Company to determine its cost of gas from its several suppliers and the gross receipts taxes to be paid on the basis of a logical geographical area. If Company receives any refunds of any increased cost of purchased gas that have been passed on under this provision, a refund shall be made to consumers served by this rate schedule. COST OF SERVICE ADJUSTMENT PROVISION Annually, effective with all bills rendered after April I, the above net monthly rate shall be adjusted upward or downward for increases or decreases in the cost of providing gas service (including depreciation but excluding cost of gas, gross receipts taxes, income taxes and return) for the previous year ended December 31 above or below such cost incurred in the second prior calendar year. These annual adjustments shall be cumulative. The operating expenses used in this computation shall be those reported to the Railroad Commission of Texas in the annual report of Company. A computation shall be made of the amount of such increase or decrease applicable to each customer in the South Texas Division, and the net monthly rate set forth above shall be adjusted upward or downward to reflect such change in the cost of providing gas service. A substitute Rate Sheet shall be filed to reflect such change. Service under this sched ule shall be furnished in accordance with the Company's General Rules and Regulations. CENTERPOINT ENERGY ENTEX RATE SHEET COMMERCIAL SERVICE RATE SCHEDULE NO. SC-384-1 APPLICATION OF SCHEDULE This schedule is applicable to consumers using gas for purposes other than residential whose consumption in any month is less than 150,000 cuhic feet. When a customer uses in excess of 150,000 cubic feet in any month, the consumer shall be billed on the applicable large volume rate schedule. Natural gas supplied hereunder is for the individual use of the customer at one point of delivery and shall not be resold or shared with others. NET MONTHLY RATE First Next Next Next Over 400 cubic feet or less 6,600 cubic feet 8,000 cubic feet 15,000 cubic feet 30,000 cubic feet $13.39 + $.4400 per 100 cubic feet .1835 per 100 cubic feet .1167 per 100 cubic feet .0817 per 100 cubic feet .0667 per 100 cubic feet MINIMUM MONTHLY BILL $13.39 PAYMENT Bills shall be rendered on a monthly basis and are due and payable within ten (10) days from the date of bill. PURCHASED GAS ADJUSTMENT PROVISION The above net monthly rate per unit sold is predicated upon a price of gas purchased for resale hereunder of 26.27 cents per Mcf. To the extent that CENTERPOINT ENERGY ENTEX's (hereinafter referred to as "Company") price of gas to be purchased (adjusted to correct any prior variations from actual costs) for resale hereunder increases or decreases, said net monthly rate shall be adjusted up or down to reflect (i) changes in such cost of gas per unit sold and (ii) changes in gross receipts taxes resulting from such increases or decreases in the net monthly rate. For purposes of calculating said adjustment, it shall be proper for Company to determine its cost of gas from its several suppliers and the gross receipts taxes to be paid on the basis of a logical geographical area. If Company receives any refunds of any increased cost of purchased gas that have been passed on under this provision, a refund shall be made to consumers served by this rate schedule. COST OF SERVICE ADJUSTMENT PROVISION Annually, effective with all bills rendered after April I, the above net monthly rate shall be adjusted upward or downward for increases or decreases in the cost of providing gas service (including depreciation but excluding cost of gas, gross receipts taxes, income taxes and return) for the previous year ended December 31 above or below such cost incurred in the second prior calendar year. These annual adjustments shall be cumulative. The operating expenses used in this computation shall be those reported to the Railroad Commission of Texas in the annual report of Company. A computation shall be made of the amount of such increase or decrease applicable to each customer in the South Texas Division, and the net monthly rate set forth above shall be adjusted upward or downward to reflect such change in the cost of providing gas service. A substitute Rate Sheet shall be filed to reflect such change. Service under this schedule shall be furnished in accordance with the Company's General Rules and Regulations. "T"">-'