Ord. 0032 1960-10-20 AN ORDINANCE OF TH~ CITY OF PEARLAND, BRAZORIA
COUSTY~ TEXAS, CO.~RACTING'WITH AND GRANTING TO
HOUSTON NATURAL GAS CORPORATION, ITS SUCCESSORS,
LESSEES A~ND ASSIGNS, RIGHT-OF-WAY, PRIVILEGE AND
EAS~EhT TO,LAY, CONSTRUCT, EQUIP, USE, 0PERATE
AND MAIhTAIN GAS MAINS, PIPES, AND CONNECTIONS
ALONG, ACROSS AND THROUGH THE STREETSj AVEh~JES,
ALLEYS, ROADS, HIGHWAYS AND OTHER PUBLIC PLACES
AND GROUNDS OF THE CITY OF PEARLAND FOR THE PUR-
POSES OF C0I~v-EYING AND TRANSPORTING NATUBAL GAS
INTOj OUT OF, AND TH~0UGH 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 RESIDENTIAL, COMMERCIAL AND INDUSTRIAL
SALES OF GAS IN THE CITY; PROVIDING FOR AN ANNUAL
REPORT SHOWING THE GROSS RECEIPTS FROM THE SALE
OF GAS FOR RESIDENTIAL, COMMERCIAL AND INDUSTRIAL
PURPOSES WITHIN THE CITY~ PROVIDING FOR ACCEPTANCE
OF THE ORDINANCE WHICH IS E~'~'ECTIVE FOR TWENTY-FIVE
YEARS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING
FOR EMERGENCY PASSAGE.
WHEREAS, Houston Natural Gas Corporation, a Texas Corporation,
domiciled in the City of Houston, Harris County, Texas, under its general
powers from the State of Texas, has been distributing, selling and deliv-
ering natural gas to consumers within what now constitutes the corporate
limits of Pearland, in Brazoria County, Texas; and
WH]~EAS, the Houston Natural Gas Corporation desires to ob-
tain a formal franchise and contract from Pearland for distributing,
selling and delivering 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 1. 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 H~uston Natural Gas
Corporation, a Texas corporation, having its domicile in Houston, Harris
County, 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
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api~urtena~.ces, aloft, across and through the streets, avenues, alleys,
roads, highways an~ 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
tt{e pipes and other equipment of persons to whom Company may s~ll or dis-
tribute 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 i~laced
underground at a minimum depth of eighteen inches (18"), and Company shall
place the streets, alleys, etc., through which same are laid in substan-
tially as good condition as they were previous to the laying of such mains,
and shall pay to Pearland any and all damages for failure so to do, and
shall depo. sit with the Mayor of the City of Pearland an indemnity bond
of Five Hundred Dollars ($500.00) so conditioned, and shall indemnify
said City of Pearland against any damages to any persons by reason of the
laying of said mains and the use and maintenance thereof.
Section 3- Wherever the word "Company" occurs in %his 0rdi-
nance, it shall mean and be understood to be Houston Natural Gas Corpora-
tion or its successors, lessees or assigns; and wherever the wore "persons"
appears in this Ordinance, it shall be understood to mean any natural
persons, firm, corporation, or association of any ~ind or character what-
soever. ~ll rights given Company shall inure to the benefit of Company'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 yean
--2--
received by the Company from the sale of gas to consumers for residential,
commercial and industrial purposes within the corporate limits of the City
of Pearland~ Texas, excluding the amounts received from any governmental
agency.
On or before the first (lst) day of March of each and every
year beginning with March 1, 1960, the Company shall file with the
Secretary of the City of Pearland, a sworn report showing the gross re-
ceipts from the sale of gas to consumers for residential, commercial and
industrial purposes within the corporate limits of the City for the next
preceding calendar year ending December 31. The report to be filed on or
before March 1, 1960~ shall cover and apply to that portion of the calen-
dar year 1959 beginning on November 14, 1959, the date the City of Pearland
was incorporated, and e~din~ on December 31, 195% and the two per cent (2%)
of gross receipts for the calendar year 1959 shall apply to such portion
of the calendar year 1959. 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
the gross receipts covered by the report.
Upon receipt of the above amount of money by the City, the
Secretary of the City of Pearland shall deliver to the Company a receipt
for such amo%unt.
(b) ~he considerations set forth in subsection (a) of this
Section 4 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 5- 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 ~.c~itten acceptance by Company of this Ordinance, and if
the~'e 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
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uncons~;itutional, or be unenforceable for any reason, the same shall not
a~f'ec% 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 Houston Natural Gas Corporation
has been occupying and using the streets and public Ways and places within
the City of Peal"land 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 Ordi-
nance shall take effect and be in full force and effect from and after its
pasgage, approval guld publication, if any, as required by law.
1960.
aayo¥, City , Texas
ATTEST:
! ._ /
~ City/Se~r~ary-
City of 2earland, Texas, do hereby certify that the above and foregoing
Ordinance was passed and adopted at a meeting of the Council oi said City
held on the~.~ ~/~
~ ~--- day of f/~C ~ ~g~'~, 1960, ~d is now in all
things effective and is of record in the Minutes of the Co~cil of said
City of Pearled, Texas; TO C~TIFY ~!CH ~T~SS my h~d ~d the seal of
said City this -.~ ~ day of ~-L ~ ~_ , 1960.
~ 0ity SecreCy ~of/Pe~land, Texas
/
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HOUSTON NATURAL GAS CORPORATION
RATES IN EFFECT WHEN FRANCHISE GRANTED OCTOBER, 1960
PEARLAND, TEXAS
NET MONTHLY RATE
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Over
1,000 cu. ft.
2,000 " "
3,000
4,000
k0, 000
50,000
100,000
MINIMUM MONTHLY BILL
"
If
"
PROMPT PAYMENT PROVISION
or less
1.6o
WINTER MONTHS
(Nov.- April)
$1.60
10.2¢
9.7¢
9.7¢
8.6¢
7.1¢
SUMMER MONTHS
May - Oct )
$1.6o
10.2¢
9.7¢
3.5¢
3.5¢
3.5¢
3.5¢
per
„
100 cu. ft.
„ 11 t,
11 „ If
,t „ If
it 11 ,t
If fl ,t
The above net rates will apply to all bills paid by date indicated on bill.
For bills not paid by indicated date, gross rates shall apply, which rates
shall be the above net rates plus one cent (1¢) per 100 cubic feet of gas
consumed.
HOUSTON NATURAL GAS CORPORATION
NEW RATE TO BE EFFECTIVE AFTER METER READING DATE IN JANUARY 1964
PEARLAND, TEXAS
NET MONTHLY RATE
First
Next
Next
Next
Next
Next
Over
2+00 cu. ft.
2,600 "
3,000
4,000
2+0, 000
50,000
100,000
or less
MINIMUM MONTHLY BILL $2.00
PROMPT PAYMENT PROVISION
WINTER MONTHS
(Nov.- April)
52.00
10.20
8.70
8.70
7.6$
7.10
6.10
SUMMER MONTHS
(May - Oct )
82.00
10.2$ per 100 cu. ft.
8.70
3.5$
3.5¢
3.50
3.5$
The above net rates will apply to all bills paid by date indicated on bill.
For bills not paid by indicated date, gross rates shall apply, which rates
shall be the above net rates plus one cent (10) per 100 cubic feet of gas
consumed.
„
If
tf
If
TIC
STATE OF TEXAS )
C OUI.= OF BRAZORIA
'CNN ALL Mr'N BY THESE PBESE I TS :
That the HOUSTON i TU AL GAS CORPORATION, a corporation
organized under and. by virtue' of the laws of the State. of Texas
and having its do, c ile in the City of Houston, Harris County,
Texas, does hcrcby accept, for itself and for its successors,
lessees and assigns, that certain franchise ordinance of the City
of Pearland, Brazoria County, Texas, passed and. approved by the
Mayor and the City Commission of said City of Pearland, Texas, on.
the day of (? 1960, 11 as fully
appears of record in the Minutes of the City Cossion of said
City of Bearlan.d, to which _reference is hereby made for all puree
poses..
WITIISS the hands of the officers and official seal of
the Houston Natural Gas Corporation this the 1/11 ,4day
of
ATTEST:
•
-� ....e.,
1960.
Assistant Secretary
•
HOUST O.:ti laTURALAS CORPORATION
By if
•
AAAAA,L.../
Via. H. Wimberly, Preside