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Ord. 0012 1960-02-18r r ORDINANCE NO. /;2_ C-cC 22-3 AN ORDINANCE OF THE CITY OF PEARLAND, BRAZ- ORIA COUNTY, TEXAS, CONTRACTING WITH AND GRANTING TO GAS UTILITY SERVICE COMPANY, 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 PEARLAND FOR THE PURPOSES OF CONVEYING AND 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 RESIDENTIAL AND COMMERCIAL SALES OF GAS IN THE CITY; PROVIDING FOR AN ANNUAL REPORT SHOWING THE GROSS RECEIPTS FROM THE SALE OF GAS FOR RESIDENTIAL AND COMMERCIAL PURPOSES WITHIN THE CITYjj PROVIDING FOR ACCEP- TANCE OF THE ORDINANCE WHICH IS EFFECTIVE FOR FIFTY YEARS; AND PROVIDING FOR EMERGENCY PASS- AGE, WHEREAS, Gas Utility Service Company, a Texas Corporation, domiciled in the City of Angleton, Brazoria County, Texas, under its general powers from the State of Texas, has been distributing, selling and delivering natural gas to consumers in Brazoria County, Harris County and Galveston County; and, WHEREAS, the Gas Utility Service Company desires to obtain a formal franchise and contract from Pearland for distributing, selling and delivering natural gas to consumers within the bound/rites 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 provisions of the contract and franchise contained in this Ordinance, the right, privi- lege is hereby given to Gas Utility Service Company, a Texas Corporation, having its domicile in Angleton, Brazoria County, Texas , and hereinafter called "Company", and to its successors, lessees and assigns, to lay, construct, equipm use, operate and maintain a system of gas mains, pipes, connections, conduits and feeders, together with all. necessary or desirable attachments, connections, fixtures and appurtenances, 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 other use by Company beyond and outside of the limits of the City, with the right to connect said gas mains with the pipes and other equipment of persons to whom Company may sell or distribute such gas; also, the right to construct and install, operate and maintain all necessary or desirable cutoffs, connec- tions, laterais, attachments and equipment as a part of and connection 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, etc., through which same are Laid in substantially as good condition as they were previous to the lay- ing of such mains, and shall pay to Pearland any and all damages for failure so to do, 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, and in all things comply with the Ordin- ance pertaining to streets, bridges and alleys heretofore adopted by the City Council in determing the policy with reference to such streets, bridges and alleys. Section 3. Wherever the word "Company" occurs in this Ordinance, it shall mean and be understood to be Gas Utility Service Company or its successors, lessees or assigns; and wherever the word "persons" appears 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 Company's successors, lessees or assigns. Section 4. (a) In consideration of the granting of this franchise the Company will pay to the City of Pearland within thirty (30) days after the final passage and approval of this Ordinance, the sum of Five Hun- dred ($500.00) Dollars in cash, and as additional consideration, the Company agrees to pay to the City the sum of Fifty ($50.00) Dollars per month for the ensueing 12 months period after the granting of this fran- chise, said sum to be paid to the City on the lst day of each month during such ensueing 12 month's period. (b) In consideration of the rights and privileges herein granted, the Company agrees to pay as rental to the City of Pearland annually dur- ing 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 consumers for residential and commercial 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, 1961, 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 and commercial purposes with- in 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, 1961, shall cover and apply to that portion of the calendar year 1960 beginning on the date of the first sale of gas by the Company and ending on December 31, 1960, and the Two Per Cent (2%) of gross receipts for the calendar year 1960 shall apply to such portion of the calendar year 1960. With each 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 Secre- tary of the City of Pearland shall deliver to the Company a receipt for such amount. (c) The consideration set forth in subsection (3 & b) of this Sec- tion 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. The Company shall allow to the City of Pearland an additional Two Per Cent (2%) of the gross receipts derived from the sale of gas during the months of December, January and February, which shall be considered as additional consideration paid to said City for the use of such streets, ways, and alleys and shalt be an addition to that percentage or consideration provided for in subparagraph (b) of Section 4 hereof. Section 6. The Company, after the original installation of its lines shall be required to extend its lines to service such new customers as shall request it and shall make no charge to such new customers for the first 200 feet of such extensions, but shall be entitled to require payment by such new customers of its usual and customary charges for such line extensions in excess of 200 feet. Section 7, Upon request of the City Council or their duly authorized agent, the Company will furnish a complete map showing all existing pipe- lines, meter connections, together with detailed information as to the size of such lines and will also furnish the City Council, at their request, a complete breakdown, based on accepted accounting principles , of the as- sets of the Company located within the corporate limits of the City of Pear - land. Section 8, This Ordinance shall become effective and continue in full force and effect for a period of fifty (50) years from and after the date of the written acceptance by Company of this Ordinance. Section 9. 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, uncons titutional, or unenfo rceable. Section 10. The fact that the Company desires to commence its installation as soon as practicable and this will be to the best interest of the residents of Pearland and such work cannot be commenced before the granting of this franchise, creates an emergency and this Ordinance shall take effect and be in full force and effect from and after its passage, appro- val and publication, if any, as required by law. PASSED AND APPROVED THIS frr DAY OF February, 1960. Mayor, City of Pearland, Texas ATTEST: Getty y I, �IC%D� /- /1O t <c it , City Secretary of the City of earland, Texas, do hereby certify that the above and foregoing Ordinance was passed and adopted at a meeting of the Council of said City held on the 189day of February, 1960, and is now in all things effective and is of record in the Minutes of the Council of said City of Pearland, Texas; TO CERTIFY WHICH WITNESS my hand and seal of office of said City this day of February, 1960. ity Secretar of Pearland, Texas