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ORDINANCE NO. 56 ORDINANCE N-Q. 5c:-~ AN ORDINANCE GRANTING UNITED GAS CORPORATION, ITS SUC- CESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE AND FRANCHISE FOR A PERIOD OF TWENTY-FIVE (25) 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, TEXAS, 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 ACCEPTANCE; PROVIDING A SEVERABILITY CLAUSE; MAKING MISCEL- LANEOUS PROVISIONS; AND REPEALING ALL ORDINANCES IN CON- FLICT HEREWITH. F-?:) -' 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 United Gas Corpo- ration, its successors and assigns, herein called "Grantee", the right, privilege, and franchise to construct, lay, maintain, oper- ate, 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 of Grantor, and in all tracts, territories, and areas hereafter annexed to or acquired by and placed within the corporate boundaries of Grantor, a system of pipes, pipe lines, gas mains, laterals, conduits, feeders, regulators, meters, fixtures, connections, and attachments and other desirable instrumentalities and appurtenances necessary or proper, for the purpose of trans- porting, distributing, supplying and selling gas (natural and/or artificial and/or mixed) for heating, lighting, power and for any other purposes for which gas may now or hereafter be used, in and to said Grantor and its inhabitants or any other person or persons within or without the corporate boundaries of Grantor. SECTION 2. Grantee's property shall be so constructed and maintained as not to interfere unreasonably with traffic over the public thoroughfares of Grantor. , SECTION 3. Grantee shall not be required to run or ex- tend any main, service line or other part of its distributing system to any person, firm, association, individual, or corporation applying for or demanding gas or gas service and/or additional gas or gas service unless the probable expected use of such gas or gas service by such person, firm, association, individual or corporation will provide to Grantee a reasonable and compensatory return or in- come on the value of the additional main, service line and other equipment which must necessarily be installed to comply with such application or demand; provided, however, in no event shall Grantee .be required to run or extend any main, service line, or other part of this distributing system a distance exceeding one hundred (100) feet of pipe of a maximum diameter of two (2) inches for each ad- ditional customer. SECTION 4. The service furnished hereunder to said Grantor and its inhabitants shall be first-class in all respects considering all circumstances and shall be subject to such reason- able rules and regulations as Grantee may make from time to time. SECTION 5. Grantee shall hold Grantor harmless from all expenses or liability for any unlawful or negligent act of Grantee hereunder. SECTION 6. 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 7. Granting of this franchise shall not prohibit the Grantor from adopting street rental ordinances applicable to the Grantee in accordance with the laws of the State of Texas. 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 twenty-five (25) years from and after the date this ordinance is passed and adopted, provided Grantee files a written acceptance of this franchise with Grantor within sixty (60) days after such passage and adoption. 2. SECTION 10. If any provision, section, subsection, sentence, clause, or phrase of th:ls 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 pro- visions of this ordinance are declared to be severable. Read in full and passed and adopted at a regular meeting on the 1~ day ofSeptelMbPv-, 1961, and approved by the Mayor. APPROVED: QQ'I LU. QICi.J!:::"l2Q Mayor E L-c...:.. I 1-..J Bcc.l~ \rC' Ac TE (2" jj,. SCt-l E(Z T'? A. ['), iJ AU E1GLA W G EO. P. BDL'\ D f-.J vJ. E. i::::.. G:->EeT Members of the City Council of the City of Schertz, Texas Wd/;Iv (/) ;2~iz I City Secretary (SEAL) 3. - e I, 12AL-pH R. r I-L.E.L~ , City Secretary of the City of Schertz, Texas, do hereby certify that the above and foregoing ordinance was adopted by the City qouncil of said qity of Schertz at a regular meeting held on the 'l+~ day of Se.p.\--e,...."l bp",," , 1961, .!t which meeting the Mayor and Aldermen 'i2E)~ U.,1. 12tC,-\ ':::"0.-\-, t:::t...C. ".. g e:cv.' Lt.J . A . <"c" !-.\ Fa .7 , A , o. l--l i\ V P=; 0...<., (!!. H ('''1 C"{'> P 'f~( 'T c-. ..... , and <.U. E. E. BEQ.f were present and voted in favor of said ordinance, tha said ordi- nance was approved by the Mayor and that said ordinance was recorded at Page 1\ L. ,Book I ,Minutes of the Proceedings of said City Council. Executed under my hand and the official seal of the City of Schertz, Texas, at said City, this the r tl, day of ~erh::",'I, b-Elt- , 1961. QJb~J (/). J-L~~ CITY SECRETARY, CITY OF SCHERTZ, TEXAS (SEAL) - - - - - - - - - - To The City of Schertz: United Gas Corporation, for itself, its successors and assigns, hereby accepts the above and foregoing ordinance and agrees to be bound by all of its terms and provisions. UNITED GAS CORPORATION By A0~dL / Vice esident Dated the ~'day ~f /Jrv/.;;in , 1961. - - - - - - - - - - THE STATE OF TEXAS I I COUNTY OF GUADALUPE I I, the duly appointed, qualified and acting City Secretary of the City of Schertz, Texas, hereby certify that the above and fore- going Acceptance was received and filed in the office of the City Secretary of the City of Schertz on the ~ day of OCTo/ZSG12. 1961. EXECUTED under my hand and the official seal of the City of Schertz, 'rexas, at said City, this 3/ day of Oc.rOI5SR. , 1961. ~{f)J~~ CITY SECRETARY, CITY OF SCHERTZ, 'rEXAS (SEAL) . . 1 'l'HE STATE Opt TEXAS t I COmr'l'Y OF GUADALUPE I BEP'ORE ME, the undersigned authority, a Notary Publio in and for the State and County afore.aid, on this day personally ap- peared RALPH R. IKELS , known to me to be a oredible person, who upon hi. oath depose. and aay.: I &m the City Secretary of the City of Sehert~, Texas, a munioipality incorporated under the provisiona of Chapter 11, Title 28 of tha Reviaed Civil Statutes of Texas (1925), and. have acted in such capacity during the period of tiae coTered bJ this affidavit. On the 7th cia,. or September , 1961, the Board of Alderwen ot said City of Schert~ at a regular meeting of said Board ot Alder- IMn, enacted an ordinanoe (No. 56 , Book 1 , Pages 111 through 112 ) granting United (r,lSCorporation, its suc- cessors and assigns, the rieht, privilege and franchise for a period of twenty-five (25) ~ar. to construct, lay, main- tain, operate, extend, remove, replaoe and repair a system of pipe lines, gas mains, laterals and attao~nts and all desirable instrumentalities in, under, over, across and along any and all streets, avenues, parkways, squares, alleys and all other publio places in the City of Schert~, Guadalupe County, Texas, for the purpose or transporting, distributing, suppl~ing and selling gas (natural and/or artifioial and/or mixed) for heating, lighting, power and for all other purpo.e. tor vbich gas may be used, to the mRnicipality of said City of Sohertz, Texas, and it. inhabitants and other.; providin& oon- ditions controlling the use of public thoroughfare. and ex- tension. therein; establishing standards of serTice; providing for acceptance; providing a severability clau.e; making mis- cellaneous provi.ions; and repealing all ordinance. in conflict. Arter the enaotment of the above-described ordinance the full text thereot was published by poating the same tor at least ten days (between the 9th day of SePtemb~r , 1961, and the 20th day of September , 1 61) in the follow- ing three publio place. in said City of Schertz: 1. BECK'S RED &: WHITE STORE 2. WUEST'S :OOUG srol{E 3. RIEDEL'S FDODLn:ER & APPLI.A1TCE (;?~tf2r/.~'- - mr~ED A.lfD~O:t BE1I'ORE HE, the undnlligned lIotary liWl!o p by . ~ (k, k, t. , on this tllll .1J.1l. uJ of ~j;~"fLJJ.j , 1961, to oertlfywhloh vitn... rq llIead ~ 1l~".J.. or ofrioe.