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HomeMy WebLinkAboutORD 23-XAN ORDINANCE GRANTING TO UNITED GAS CORPORATION THE RIGHT, PRIVILEGE AND FRANCHISE TO USE THE STREETS, AVENUES, HIGHWAYS AND ALLEYS OF THE CITY OF BEAUMONT FOR THE PURPOSE OF ESTABLISHING, CONSTRUCTING, LAYING, MAINTAINING, OPERATING, REPAIRING AND EXTENDING A PIPAGE SYSTEM FOR THE SALE OF GAS WITHIN THE LIMITS OF THE CITY OF BEAUMONT, TEXAS, AND PRESCRIBING THE TERMS AND CONDITIONS UNDER WHICH SUCH RIGHTS, PRIVILEGES AND FRANCHISES SHALL BE EXERCISED BE IT ORDAINED BY THE CITY OF BEAUMONT: SECTION I The City of Beaumont, hereinafter sometimes called City, does hereby grant unto United Gas Corporation and its successors and assigns hereinafter called Grantee, for the full term of thirty-five (35) years from and after the effective date of this ordinance, subject to the terms and conditions hereof, the right, privilege and franchise to establish, construct, lay, maintain, operate, use, extend, remove, replace and repair, from time to time and continuously upon, through, over and under the streets, avenues, alleys and highways of the City of Beaumont, such mains, pipes, apparatus and appliances as may be necessary, proper and incidental for the purpose of transporting, distributing, supplying and selling gas to the City of Beaumont and its inhabitants or any other person or persons within or without the corporate limits of said municipality. SECTION II The work done in connection with the construction, recon- struction, maintenance or repair of said system shall be subject to and governed by all laws, rules and regulations now in force or that may be hereafter passed or adopted for the government and regulation thereof and not inconsistent herewith; and the construction, maintenance and operation of Grantee's gas distribution system and all of the property of Grantee subject to this ordinance shall be subject to the lawful police regulation by the govern- ing body of the City of Beaumont. SECTION III The City of Beaumont, without limiting in a1V respect the scope of the general franchise, hereby specifically grants and concedes to Grantee the right and privilege to take up pave- ments and sidewalks, if any, in and upon said streets, alleys and highways in said City of Beaumont and such as may be over and across any stream or bridge for the purpose of making such ex- cavations and installations as may be necessary and incidental to the proper conduct of said business, provided however, that Grantee shall not take up or excavate azy pavement at any time without first securing permission of the City Engineer or City Manager, but such permit shall be given.if the proposed excavation is in accordance with this franchise, and provided further that all excavations and installations so made shall be performed in such manner as will cause the least inconvenience to the public, and Grantee shall promptly restore to as good condition as before working thereon and to the reasonable satisfaction of the City Fmgineer. and/or City Manager, all streets excavated by it. The City of Beaumont shall have the right to have one inspector present at each excavation and installa- tion whose salary shall be paid by Grantee. SRCIION IV The City of Beaumont reserves the right to lay and permit to be laid, gas, water and other pipe lines or cables and to do and permit to be done, arW underground work that may be deemed necessary er proper by the governing body of the City of Beaumoat in, across, 2 0-20 00-X along or under a q street, alley, highway or public place occupied by the Grantee, and to change arty curb or sidewalk or the grade of axV street. In permitting such work to be done the City of Beau- mont shall not be liable to the Grantee for any damage so occa- sioned, nor shall the City in doing any such work be liable to the Grantee for such damages. SECTION v Whenever IV reason of the changes in the grade of any street or in the location or manner of constructing water pipes, gas pipes, sewers or other underground construction for any purpose whatever, it shall be deemed necessary by the governing body of the City of Beaumont to alter, change, adapt or conform the gas mains and service pipes, apparatus, and appliances of Grantee thereto, such alteration or changes shall be promptly made by Grantee when ordered in writing, by the governing body of the City of Beaumont so to do without claim for reimbursement or dama.ges.against the City; provided, however, that the City shall not require Grantee to remove its gas mains and service pipes and apparatus entirely from.- such romsuch street, alley or highway without making available to Grantee other places for said gas; mains, service pipes and apparatus. If the City of Beaumont shall require Grantee to adapt or conform its gas mains and service pipes or to in any way alter, relocate or change its property to enable any other person or corporation, ex- cept the City, to use said street, alley or highway the Grantee shall be reimbursed fully by the person or corporation desiring or occasioning such change for any loss, cost or expense caused by or arising out of such change, or relocation of Grantee's property; provided, however, that the City of Beaumont shall never be liable for such reimbursement. -3 - SECTION VI Granteets gas mains shall be laid to lines and grades as directed by the City Engineer or the City Council. Grantee shall not interfere -with -or destroy any underground lines, pipes, distributing system, conduit, structure or equipment used in the municipal or public service of the City of Beaumont. Grantee,ts lines shall be so laid and maintained as not to interfere with natural overground or underground drainage or with any drainage ditch, canal, culvert or sanitary sewer. Grantee shall also in- stall and maintain its property so as not to interfere with or pollute amy municipal or private water supply. SECTION VII All pipe, fittings, and other equipment installed pursuant to this franchise shall be in first class condition and of a standard size, weight and design, and subject to the in- spection and approval of the City Engineer and laid, jointed, maintained and protected in a manner specified IV the City En- gineer. Grantee shall install and keep in continuous use and good repair approved safety devices so as to insure a safe pressure of gas in Granteets system which, in the event the City and Grantee cannot agree, is to be determined bya survey made by three -unbiased engineers, one to be selected ter the City, one by Grantee, and the third try the two so selected. The cost of this survey is to be borne equally by City and Grantee. No gas shall be fought within the municipal limits of the City by Grantee which is not odorized as required by State law or ordinances of the City of Beaumont and by rules and regulations adopted pursuant thereto. All gas served shall be dry merchantable natural gas of a uniform heat content at the point of delivery to the consignee containing no objectionable liquids or solids. - 4 - SECTION VIII Grantee shall indemnify, save and hold harmless the City of Beaumont from any and all claims for injuries and damage to person or property occasioned ter or arising out of the construction, reconstruction, mOmtenance, operation or repair of said Grantee's gas system.or by the conducting of Grantee's business in the City of Beaumont. Grantee shall take notice of all superior rights of the State or Federal Government in state or national highways and of the purposes for which public thoroughfares and grounds have been dedicated or conveyed and are now held by the City of Beaumont and Grantee shall save and hold the City of Beaumont harmless from any claim arising out of the superior rights herein specified, as well as all loss, cost and expense in connection with any claim of any fee title owner for damages or for compensation on account of any additional burden found to have been imposed upon said fee title ty reason of Grantee's use and occupancy of said thoroughfare and groundso SECTION IX If the pipeline, or any part thereof, or any other ap- paratus installed by Grantee hereunder shall be in any respect damaged or injured t!y the City of Beaumont, or any of its officers, agents, representatives or employees, in connection with the per- formance of any work or repairs that may be done upon the streets, avenues, alleys and other public places of the City of Beaumont, Grantee shall not be entitled to prosecute or maintain a claim against the City of Beaumont for any such damage or injuries so sustained by it, and the same is heret{y in all things waivedo - 5 - SECTION X In the event of the extension of the present city limits of the City of Beaumont, howsoever the same may be brought about, all of the rights, duties, liabilities, obligations and covenants herein set forth shall likewise apply to such extensions. SECTION XI On or before June 15th of each year during the life of this franchise Grantee shall file with the City Clerk a written sworn report setting out for the preceding calendar year Granteels total gross receipts from business done within the municipal limits of the City of Beaumont pursuant to this franchise. Said report shall comply in other respects to the Charter of the City of Beau- mont. SECTION XII As compensation for the rights, franchises and privileges herein conferred, Grantee shall pay to the City of Beaumont each year during the life of this franchise an annual payment consisting of a sum of money equal to 2% of the gross receipts of Grantee within the City of Beaumont derived from toe sale of gas.:, Said annual payment shall be due and payable on the 15th day of June of each year for the preceding calendar year aro said annual pay- ment shall be exclusive of and in addition to all ad valorem taxes. Ary and all such annual payments made by Grantee pursuant to this section shall be credited on arty other amount charged Grantee by the City of Beaumont at any time as a charge or rental imposed by the City of Beaumont for the use of streets, alleys and public ways. SME SECTION $III 4t all times during the continuance of the rights herein granted Grantee shall keep in its office at the disposal of and open to inspection by the City of Beaumont at all reasonable times, all contracts, books of accounts and costs and operating records, a full, true, complete an&.accuratb account of all moneys received and expended and liabilities incurred by it in connection with its business and the construction, maintenance and operation of its properties operated hereunder, and also complete statistical records of its business and operations. SECTION XIV The rights, franchises and privileges granted hereby shall not be transferred or assigned by Grantee except with the consent of the City Council of the City of Beaumont expressed by ordinance passed by said City Council. SECTION XV The City of Beaumont shall have the right at axW time within five (5) years -of the expiration date of the term hereof, but prior to e- r the last twelve (12) months of said term, to purchase or cause to be purchased the property of Grantee devoted to public service in The City of Beaumont, same to be effective at the expiration of the term hereof. SECTION XVI The provisions of the Charter of the City of Beaumont to the extent to which they may not lawfully be superseded by this franchise, shall be considered a part hereof as though expressly written herein and. the Grantee shall be bound thereby. -7 - x'1.7::1 SECTION XVII Each of the provisions herein stipulated is accepted by Grantee as a conditionto the grant and failure to comply therewith after being notified in writing through action lir the City Council shall operate as a forfeiture of this franchise at the option of the City Council. SECTION XVIII Each section of this ordinance, and each part of each section hereof is declared to be an independent section, or part of section, and the holding of any section or part thereof to be unconstitutional, void, illegal, ineffective or contrary to the provisions of the Charter of the City of Beaumont, or any amend- ments thereto, for any reason, shall not affect any other section, or part of section, of this ordinance. SECTION XIX The Grantee shall within thirty (30) days after the taking effect of this franchise, file in the office of or with the City Clerk a written instrument signed and acknowledged in proper manner, in substantially the following form: To the City Council of the City of , Beaumont: The Grantee, United Gas Corporation, does hereby accept that certain ordinance entitled: 'An ordinance Granting to United Gas Corporation the Right.. Privilege and Franchise to Use the Streets, Avenues, Highways 11 and Alleys of.the City of Beaumont for the Purpose of Establishing, Con- structing, baying, Maintaining, Operating, Repair- ing and Extending a Pipage System for the Sale of Gas within the Limits of the City of Beaumont.. Texas, and Prescribing the Terms and Conditions under which., such Rights Privileges and Franchises shall be Exercised' and all and singular the provisions therein contained. "Dated at Texas, this the day of , A, D. 1951. UNITED GAS CORPORATION ATTEST: By: Vice President. Secretary. (A.clinowledgment) ." SECTION XX In the event such acceptance is not filed within the said period this ordinance, and the rights, privileges and fran- chises herekV granted shall ipso facto, be, and become terminated, null and void. SECTION XXI The: rights and privileges under that eertain franchise heretofore granted to Grantee's predecessor by ordinance dated December 111901, as renewed by Grantee, shall terminate and be of no force and effect from and after the commencement of the term of this franchise. SECTION MMI This ordinance shall take effect at the time and in the manner as provided in the Charter of the City of Beaumont relating to the granting of such franchises. Passed by the City Council this the _qjtZ day of A. D.' 1951® Igor. 6-6