Ord. 0035 1961-03-02 AN ORDINANCE OF THE CITY OF PEARLAND, BRAZORIA COUNTY,
TEXAS, CONTRACTING WITH AND GRANTING TO UNITED GAS
CORPORATION, ITS SUCCESSORS, LESSEES AND ASSIGNS,
RIGHT-OF-WAY, PRIVILEGE AND EASEMENT TO LAY, CONSTRUCT~
EQUIP, USE, OPERATE AND MAINTAIN GAS MAINS, pIPES, AND
CONNECTIONS ALONG, ACROSS AND THROUGH THE STREETS,
AVENUES, ALLEYS, ROADS, HIGHWAYS AND OTHER PUBLIC PLACES
AND GROUNDS OF THE CITY OF PEARLA~D FOR THE PURPOSES OF
CONVEYING A~D TRANSPORTING NATURAL GAS INTO, OUT OF, AND
THROUGH SAID CITY FOR SALE AND DISTRIBUTION; PROVIDING
FOR THE REGULATION OF THE MANNER OF LAYING SAID GAS MAINS;
PROVIDING FOR A RENTAL OF TWO PER CENT (2%) OF THE GROSS
RECEIPTS OF THE EESID~TIAL, COMMERCIA~ AND INDUSTRIAL
SALES OF GAS IN THE CITY; PRO¥iDING FOR AN ANNUAL REPORT
SHOWING THE GROSS HECEIPTS FROM THE SALE OF GAS FOR RESI-
DENTIAL, COMMERCIAL AND INDUSTRIAL PURPOSES WITHIN THE
CITY; PROVIDING FOR ACCEPTANCE OF THE ORDINANCE WHICH IS
EFFECTIVE FOR TWENTY-FIVE YEARS; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING FOR EMERGENCY PASSAGE.
WHEREAS, United Gas Corporation, a Delaware Corporation with a
permtlt to do business in the State of Texas, has been distributing,
selling and delivering natural gas to consumers within what now consti-
tutes the corporate limits of Pearlsnd, in Brazoria County, Texas; and
WHEREAS, the United Gas Corporation desires to obtain a formal
franchise and contract from Pearland for distributing, selling and de-
livering natural gas to consumers within the boundaries and limits of
Pearland, Texas;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PEARLAND, BRAZORIA COUNTY, TEXAS:
Section l: That, subject to the terms, conditions and pro-
visions of the contract and franchise contained in this Ordinance, the
right, privilege and franchise is hereby given to United Gas Corporation,
a Delaware Corporation with a permit to do business in the State of Texas,
and hereinafter called "COMPANY" and to its successors, lessees and
assigns, to lay, construct, equip, use, operate and maintain a system of
gas mains, pipes, connections, conduits and feeders, together with all
necessary or desirable attachments, connections, fixtures and appurte-
nances, along, across and through the streets, avenues, alleys, roads,
highways and other public places and grounds of said Pearland as now or
hereafter laid out, for the purpose of conveying and transporting natural
gas into, out of, and through said City for distribution and sale for
light, fuel, power, heat and any and all other purposes to persons within
the said City, and for any other use by Company beyond and outside of the
limits of said City, with the right to connect said gas mains with the
pipes and other equipment of persons to whom Company may sell or distri-
bute such gas; also, the right to construct and install, operate and
maintain all necessary or desirable cutoffs, connections, laterals,
attachments and equipment as a part of and connected with said gas mains
and such use thereof°
Section 2: Company agrees said gas mains shall be placed under-
ground at a minimum depth of eighteen inches (18"), and Company shall
place the streets~ alleys, etco, through which same are laid in sub-
stantially as good condition as they were previous to the laying of
such mains, and shall pay to Pearland any snd all damages for failure
so to do, and shall deposit with the Mayor of the City of Pearland an
indemnity bond of Five Hundred ($500°00) Dollars so conditioned, and shall
indemnify said City of Pearland against any d~m, ge to any persons by
reason of the laying of said mains and the u~ and maintenance thereof.
Section 3: Wherever the word "Company" occurs in this 0rdi-
nance, it shall mean and be understood to be United Gas Corporation, or
its successors, lessees or assigns; and wherever the word "persons" ap-
pears in this Ordinance, it shall be understood to mean any natural
persons, firm, corporation, or association of any kind or character
whatsoever. All rights given Company shall inure to the benefit of
Compan~,s successors, lessees and assigns.
Section 4: (a) In consideration of the rights and privileges
herein granted, the Company agrees to pay as rental to the City of
Pearland annually during the continuance of this agreement a sum of
money equal to two per cent (2%) of the annual gross receipts for the
preceding year received by the Company from the sale of gas to con-
sumers for residential, commercial and industrial purposes within the
corporate limits of the City of Pearland, Texas, excluding the amounts
received from any governments1 agency.
On or before the first (lst) day of Ma~ch of each and every
year beginning with March l, 1962, the Company shall file with the
Secretary of the City of Pearland, a sworn report showing the gross
receipts from the sale of gas to consumers for residential, commercial
and i~dustrial purposes within the corporate limits of the City for the
next preceding calendar year ending December 31. On or before the ex-
piration of thirty (30) days following the date of acceptance of this
franchise by Company, the Company shall file~with the Secretary of the
City of Pearland a sworn report showing the gross receipts from the sale
of gas to consumers for residential, commercial ~nd industrial purposes
within the corporate limits of the City beginning on November l~, 19~9,
the date the City of ?earland was incorporated, and ending on December
31, 1960. With each such annual report the Company shall pay to the
City of Pearland a sum of money equal to two per cent (2%) of gross
receipts covered by the report.
Upon receipt of the above amount of money by the City, the
Secretary o£ the City of Pearland shall deliver to the Company a re-
ceipt for such amount.
(b) The considerations set forth in subsection (a) of this
Section ~ shall be paid and received in lieu of any licenses~ charge,
fee, street or alley rental or other character of charge for use and
occupancy of the streets, alleys and public places of the City, and in
lieu of any pipe tax or inspection fee or tax.
Section ~: This Ordinance shall become effective and continue
in full force and effect for a period of twenty-five years from and
after the date of the written acceptance by Company of this Ordinance~
and if there is any conflict with other ordinances of the City, the
provisions hereof shall control to the extent of such conflict°
Section 6: If any section, paragraph, subdivision, clause,
phrase, or provision of this Ordinance shall be adjudicated invalid or
unconstitutional, or be unenforceable for any reason, the same shall not
affect the validity of this Ordinance as a whole, or any part thereof,
other than the part which is invalid, unconstitutional, or unenforceable.
Section 7: The fact that the United Gas Corporation has been
occupying and using the streets and public ways and places within the
City of ?earland without a franchise from said City, and the fact said
Company and the City wish to definitely fix the total rental to be paid
by said Company during the term hereof, creates an emergency and this
Ordinance shall take effect and be in full force and effect from and
after its passage, approval and publication, if any, as required by law.
PASSED and APPROVED THIS ,~ day of
A. D. 1961.
Eo Ti Gibbons, Mayor
: ~ATTEST:
1, > C'7'2) 2 iJ - \ , City Secretary of
the City of Pea land, Texas; -do hereby certify that the above and fore-
going ordinance was - adopted- by the City Council o' said City of Pearland
at - a regular meeting held on the __/_ day of // A /Z,C// .
9
161, at which meeting the 7yor and A dermen X/,?/,- ,r �� �/4
Ltif� /7L� 1 is �vFz A • _ /L :._e:-• , t/./.0 /792
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were present and voted in favor of said ordinance, that said ordinance
was approved by the Mayor'and-that said .ordinance was recorded at
Page ' 9 , Book / , Minutes of the Proceedings of said City Council.
Executed under my hand art3. the official seal of,he e ty of
2
Pearland, Texas, at said City, this the ,017 day of /y
1961.
f
City .Secretary,'Cfity, of Pearland, Texas
To The City of Pearland:
United Gas Corporation, -for itself, its successors and assigns,
hereby accepts the above and-fore.goi.ng ordinance and agrees to be bound
by -all of its terms and provisions.
UNITED GAS CORPORATION
By
Dated the day of , 1961
THE STATE OF TEXAS 1
COUNTY OF BRAZORIA
I, the duly appointed, qualified and acting City Secretary of
the City of Pearland, Texas, 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 A. D., 1961.
(SEAL)
CITY SECRETARY, CITY OF PEARLAND, TEXAS