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Ord. 0508 05-27-86ORDINANCE NO. 508 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 OTHER PUBLIC PLACES IN THE CITY OF PEAR - LAND, BRAZORIA AND HARRIS COUNTIES, 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 PEARLAND, TEXAS AND ITS INHABI- TANTS AND OTHERS; PROVIDING CONDITIONS CONTROLLING THE USE OF PUBLIC THOROUGHFARES AND EXTENSION THEREIN, AND PROVIDING FOR REPAIR TO SUCH THOROUGHFARES; ESTABLISHING STANDARDS OF SER- VICE; PROVIDING FOR PAYMENT OF TWO PERCENT (2%) OF THE GROSS RECEIPTS FROM THE SALE OF GAS TO RESIDENTIAL, COMMERCIAL AND INDUSTRIAL CUSTOMERS, WITHIN THE CITY; PROVIDING FOR ACCEP- TANCE; 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 PEARLAND, TEXAS: SECTION 1. The City of Pearland, Brazoria and Harris Counties, Texas, herein called "Grantor," does hereby grant unto Entex, Inc., its successors and assigns, herein called "Grantee," the right, privi- lege, 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 Pearland, and in all tracts, territories, and areas here- after 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, distribu4 ing, 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. 1 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 it accordance with the lines, grades, and conditions established by Grantor. In all cases, however, Grantee's mains shall be laid under- ground at a minimum depth of twenty-four inches (24"). 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 surface of any public road, highway, street, lane, alley, or other public place disturbed by Company in laying, constructing, maintaining, operating, using, extending, removing, replacing, or repairing its piping system shall be restored immediately after the completion of the work to as good a condition as before the commencement of the work and maintained to the satisfaction of the Mayor or his delegate for one (1) year from the date of comple- tion of said work, after which time responsibility for the maintenance shall become the duty of the City. No public road, highway, street, lane, alley, or other public place shall be encumbered by construction, maintenance or removal work by Company for a longer period than shall be necessary to execute such work. If there is in the opinion in restoring excavation, of the City Council an unreasonable delay by the Company and maintaining streets, highways, parks and alleys after repairs and extensions have been made, the City shall have the right without further notice to restore or repair same and require the Company to pay the reasonable cost of so restoring or repairing+them. SECTION 5. 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 2 require reasonable security for the payment of its bills. SECTION 6. 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 for the sale of gas to residential, commercial and industrial customers, within the corporate limits of the Grantor. Payments hereunder shall be calculated on the basis of gross receipts from the sale of gas on all gas sold to resi- dential, commercial and industrial customers, 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 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, rentals or other charges accruing after the effective+date of this franchise, under the terms of any pre-existing 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 7. Grantee shall hold Grantor harmless from all expenses 3 or liability for any unlawful or negligent act of Grantee hereunder, Grantee shall, at all times during the franchise term, keep in full force and effect a policy of insurance, with the City of Pearland as 'named insured, in the amount of a least One Million Dollars ($1,000,000.00), with no deductible or with deductible to be wholly paid by Grantee, which policy shall indemnify the said City of Pearland and its officers and agents against any and all damages or liability which may arise as a direct or indirect result of Grantee's performance under this franchise. SECTION 8. 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 9. All ordinances and parts of ordinances in conflict herewith are hereby repealed. SECTION 10. 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 on second and final reading of this franchise ordinance, 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 11. 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 unconstitu- tionality or invalidity of any other portion, provisions or regulation, and to this end, all provisions of this ordinance are declared to be severable. PASSED AND APPROVED ON FIRST READING this the , A. D., 1986. ATTEST: City Sretary VOTING RECORD: Mayor day of Voting "Aye" - Councilmember Mack, Councilmember Frauenberger, Council - member Bost, Councilmember Tetens and Councilmember Roberts. Voting "No" - None PASSED AND APPROVED ON SECOND AND FINAL READING this the o2 r% day of ATTEST: City cretary VOTING RECORD: , A. D., 1986. Mayor Voting "Aye" Councilmember Tetens, Councilmember Frauenberger, Council - member Bost, and Councilmember Mack. Voting "No" - None APPROVED AS TO FORM: niel, City ttorney THE STATE OF TEXAS COUNTY OF BRAZORIA S I , Kay Krouse , dulyed, qualified and acting City Secretary the of the City not Pearland, Texas, hereby certify: (a) that the above and foregoing ordinance of the City of Pearland was introduced in written or printed form, passed and adopted on first reading at a regular meeting of the City Council of the City of Pearland held on the 14 da of April 19 86; that written notice of the date, hour place and subject of said 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, Tom Reid and Councilmembers Charles Mack Dennis Frauenberger ames ost , Richard Te and Stella Roberts — tens were present at said meeting and acted as the City Council throughout; that a roll call vote was taken and entered on the minutes, and the voting records shall be published in accordance with Article 3.10 of the Charter; (b) that the above and foregoing ordinance of the City of Pearland was introduced in written or printed form, passed and adopted on second and final reading at a regular meeting of the City Council of the City of Pearland held on the 27 day of May , 19 86; that written notice of the date, hour, place and subject of said meeting was posted fr 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, Tom Reid and Councilmembers Charles Mack James Bost Dennis Frauenberger and Richart fetens and were present at sal1 meeting and acted as the City Council throughout; that a roll call was taken and entered on the minutes, and the voting records shall be published in accordance with Article 3.10 of the Charter; (c) the full text of the franchise ordinance was published once, within fifteen days following the first reading, in the official newspaper of the City of Pearland; (d) 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 record- ed and indexed in an ordinance book in a manner approved by the City Council of the City of Pearland, Texas. EXECUTED under my hand and the officials2e8al of the City of Pearland, Texas, at said City,this May , 19 86.day of (SEAL) 7 CITY !ECRETARY OF THE CITY OF PEARLAND, TEXAS To the Honorable Mayor and City Council of the City of Pearland, Texas: Entex, Inc. for itself, its successors and assigns, hereby accepts the attached Ordinance, finally passed by the City Council of the City of Pearland, Texas on the iv' day of by all of its term and provisions. Dated the g day of NOTE TO THE CITY SECRETARY: 199 G, and agrees to be bound ENTEX, INC. By Vice President , 19 na. Please do not complete the certificate below until after the Company has completed the Acceptance set out above. THE STATE OF TEXAS § COUNTY OF BRAZORIA S I, the duly appointed, qualified and acting City Secretary of the City of Pearland, 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 Pearland on the // day of Gra s • 19Z6. City £ecretary of the City of Pearland, Texas (SEAL)