HomeMy WebLinkAboutOrdinance 84 a
ORDINANCE NO ,� y - -
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AN ORDI14ANCE GRANTING THE FORT WORTH LIGHT
& POWER COMPANY THE RIGHT, PRIVILEGE, POWER AND
AUTHORITY TO KEEP, LAY, CONSTRUCT AND MAINTAIN
MAINS, PIPES, DUCTS AND OTHER INSTRUMENTALITIES
IN AND UNDER THE STREETS, ALLEYS AND HIGHWAYS
OF THE CITY OF FORT WORTH, TEXAS, FOR THE
DISTRIBUTION AND SALE OF NATURAL AND ARTIFICIAL
GAS, AND PROVIDING THE TERMS AND CONDITIONS
UNDER WHICH THE GRANTING OF SUCH RIGHT,
PRIVILEGE AND AUTHORITY SHALL BE SURROUNDED,
AND PRESCRIBING THE PAYMENT OF A GROSS RECEIPTS
TAX TO THE CITY OF FORT NORTH, AND REDUCING
THE PRICE OF GAS UNDER THE PRESENT FRANCHISE,
AND CONFERRING POWER OF REGULATION AS TO - SUCH
PRICE.
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Be it Ordained by the Board of Commissioners
Of the City of Fort Worth:
Section 1: That, subject to the conditions and
limitations hereinafter set out, there is hereby
granted to the Fort Worth Light & Power Company, a
corporation created under the laws of the State of
Texas, the rigght, privilege and authority to construct,
lay, place and maintain pipes, mains and conduits in
and under the streets, alleys and highways of the City
of Fort Worth, Texas, necessary. and proper for the
distribution and sale of natural and artificial gas
to public and private consumers within the City of
Fort Worth.
Section 2: As to the right herein granted for
the distribution and sale of natural gas, it is provided
that the #ft tse herein shall, within- a period of txa =--
years from and after the passage and taking effect of
this ordinance, begin the distribution and sale of natural
gas to such public and private consumers within the City
of Fort North, as shall, at said time, have service
connections with the present gas system or its extenslons
thereby made, and who shall, at said time, be receiving
gas, and who shall demand and be ready and able to pay
for the natural gas to be sold and distributed to them:
and it is provided that a failure on the part of the
grantee to so begin the distribution and sale of -
such natural gas to the persons aforesaid, Within the
period of time aforesaid, shall entitle the City of
Fort Worth at said time, and said City of Fort Worth
shall have the right to forfeit and terminate the
rights, privileges, powers and easements herein granted
to it for the distribution and sale of such natural gas.
Such forfeiture and termination of the right, privilege,
authority and easement granted for -the distribution and
sale of natural-4 gas may be made on the part of the City
of Fort Worth either by resolution or ordinance to that
effect spread upon its minutes, or by suit for forfeiture
in any court of competent jurisdiction according as the
said city may elect to do, and upon such termination and
forfeiture, all of the rights, powers and privileges
herein granted for the distribution and sale of natural
gas, shall cease and terminate.
Section 3: The price, or toll, which may be charged
by the grantee herein for the sale of such natural gas
shall be forty five cents per thousand cubic feet;
provided that in the event the consumer shall not have
paid such price, or toll, within ten days after the same
shall have become due, the grantee herein shall have the
further privilege of charging an additional amount of
ten per cent. on all such unpaid bills; and provided
that the said grantee shall be entitled to charge, as a
minimum, the sum of forty cents per month. It is also
further provided that the price to be charged by the
grantee for such natural gas shall be subject to the -
right and power of regelation by the City of Fort Worth,
as now prescribed by the laws of Texas.
Section 4: As a consideration for the rights and
privileges herein granted, the grantee herein agrees to
reduce the toll charged for all artificial gas, both
fuel and illuminating, within sixty days from the legal
enactment of this ordinance, to $1.25 per thousand cubic
feet thereof, for a period of two years from the enact-
ment of this ordinance.; provided that. in the event the
consumer thereof shall not have paid such price or toll
within ten days after same shall have become dua, the
grantee herein shall have the further privilege of
charging an additional amount of ten per cent. on all
such unpaid bills, and provided that the said grantee
shall be entitled to change, as a minimum, the sum of
forty cents per month. It is further herein provided
'that of ter' the expiration of the said two years per!04
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aforesaid, the prioel to be charged by the grantee herein
for such artificial has shall be subject to the right
and power of regulation as now prescribed by the laws of
Texas.
Section 5: All construction and other work done and
performed under and by virtue of this ordinance shall be
in wnformity with the ordinances, rules and regulations
now in force, or that may hereafter be adopted by the,
City of Fort Worth, relative to the use of streets and
public places, the work of excavation therein, the res-
toration of pavement, curb and side walk placed in such
work or affected thereby, the payment therefor and the
procurements of permits therefor from proper authorities.
The work of construction and all repairs thereon and
renewal thereof shall be under the supervision and subject
to the approval of the board of commissioners of the City
of Fort Worth, or other governing authority„ and all
pipes, ducts, mains and other instrumen PlitA.e��s DncNdevices
shall be placed in such position and to ationAas relay be
designated by the board of commissioners or under its
authority, which position_ and location may be changed
by °the said board whenever, in its judgment, public
necessity may so require; provided further that the
exercise of such authority on the part of the said board
of commissioners, or under its direction, shall not in
any way be construed to relieve the grantee herein from
any and all liability occasioned by negligence, improper
or defective work or construction, or because of the
maintenance or use of its utensils and instrumentalities,
upon or over the streets of the City of Fort Worth.
Section 6: All work of construction and repairs
thereof shall be adequately guarded and protected by
means of suitable barricades in the day time, and by
barricades and red signal lights as well at night, so
as to prevent injury or damage to persons or property.
Section 7: The grantee herein, its successors and
assigns, shall not at any one time, in making the fm-
provements and in constructing its said system, or in
repairing same, tear up or displace more than one city
block (not exceeding two hundred feet in length of
pavement or street along the line of said improvements)
unless specially authorized so to do by permit of the
board of commissioners; and it shall further engage,
with all dispatch, in the completion of said improve-
meats an rep-airs, so as to impede traffic and travel
as little as practicable, consistent with rapid and
effective work.
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Section 8: The gas supplied by rantee, its successors
and assigns, shall be of standard serviceable quality. And it
is further pprovided that the said Fort North Light & Power
Company shall, according to the provisions hereinafter
recited, upon demand in writing of any person, make proper
extensions of its pipes, mains and ducts, and make connec-
tions for the purpose of allowing such person to be supplied
with gas by proper connections with such mains, pipes and
extensions; provided such extensions shall not exceed fifty
feet, excluding the width of any street, beyond its then
existing pipes then used in distributing gas by the said
grantee. If, however, any person or persons, may desire
extensions of the distributing pipes and mains and have
connections madw which will require the extension of its
mains and distributing pipes beyond a distance of fifty
feet from its existing distributing pppes, then such
person shall be entitled to have suchiextensions made
according to the rules and regulations as hereinafter
recited and upon the demand therefor, in writing, and a
payment by such person or persons to the grantee for the
cost of such extensions and connections so ma a beyond
the freedistgance of fifty feet; and where s or more
persons 3Qa ' such demand and payment, ~tmthey shall be
entitled to have laid, free, the distance of fifty feet
for each person joining in such demand," excluding the
width of all intersecting streets, for the purpose of mak-
ing connections and taking and receiving gas; and it is
further provided that whenever the said grantee shall
allow or have connections made with such extension paid
for by such person or persons and begins the sale of gas
to other customers, then in such event, the parties who
have made the payments aforesaid shall be refunded, pro
rata, the cost of fifty feet as each new customer is
allowed to make connection with such extension until the
entire amount paid out by them shall be refunded.
The extensions and connections above provided for
shall be made by the Fort Worth Light & Power Company
and the work performed thereunder as follows: (1) As
to all -demands made, as provided above, within ninety days
after the passage and taking effect of this ordinance,
said work shall be performed within six months after this
ordinance shall pass and take effect. (2) As to all such
demands made after ninety days and within six months t'rom
the passage and taking effect of this ordinance, said
work shall be performed within 120 days after the making
of such demand. (3) As to all such demands made in ��-
accordance with the provisions of this section and made
after six months from the passag9 and taking effect of
this ordinance, it is provided that said work shall be
performed within sixty days after such legal demands are
made.
It is, however, provided that the said Fort Worth
Light & Power Company shall have the right to make appli-
cation to the board of commissioners of the City ol,fort
Worth to have any of said times extended upon any particu-
lar demand, upon showing a reasonable necessity for having
said time extended, and the said board of commissioners
shall have the power and right, upon said showing, to
extend the time within which any particular extensions
and connections may be made.
Section 9: Accurate instruments of a standard pattern
for the testing of the candle power of the gas, either
natural or artificial , shall be maintained and kept by the
grantee and'its assigns; and the officials of the City of
Fort Korth shall, at all times, have access to such
testing station which shall be maintained in the City of
Fort Worth and located within the office or station of
the manufacturing or distributing plant. Meters for the
accurate measurement of the consumption of gas shall be
stationed and maintained with each customer, and such meters
shall be of a standard type and shall keep pace with the
improvements in the perfection of such device, and same
shall be used in the measurement of gas as aforesaid, except
in street illuminationg in which case the amount of gas
co-aauxed shall be determined from the size of the burner
used at the time of use, unless other and better means of
determining same shall be invented, in which event the
improved method shall be used and maintained. Said
meters and other devices shall be, at all times, subject
to inspection by the City of Fort Worth.
Section 10: The rights, privileges and authority
herein conferred are granted upon the further express
condition that in no event shall same be sold, assigned,
consolidated, merged or combined in such manner as to
lessen or destroy competition with other competing
persons, companies or corporations supplying or dispensing -
gas or electrio-light in the City of Fort Worth, without the
express consent duly passed and enacted, of the government
of the City of Fort Worth; and failure to observe this
condi-ti-on shag entitle said City of Fort Worth to forfeit
and annul the grant herein or the grants heretofore madeq anti
the City of Fort Worth may exercise this right at any time.
Section 11: This grant shall not be exclusive in
the use of the streets of said city, or in the authority
to manufacture or distribute gas of any kind within the
corporate limits of the City of Fort Worth; and the City
of Fort Worth reserves the right to grant similar priv-
ileges and authority for like purposes to other persons,
firms or corgporations.
Section 12: As further consideration for the grant
hereof, and by acceptance of the terms of this ordinance,
it is agreed and stipulated that the grantee herein, its
successors and assigns, shall pay to the City of Fort
Worth an annual compensation equal in amount to three
per cent. of its total and yearly gross receipts arising
from the sale of natural gas in the City of Fort Worth
derived and received by it from the use of the rights,
privileges and powers granted by this ordinance. The
requirement for such payment, however, is hereby suspended
as to sales of natural. gas for a period of three years
from and after the date therantee herein, its successors
or assigns, begins the distribution and sale of natural
gas as contemplated in this ordinance.
As further consideration for the rant hereof, and
by acceptance of the terms of this ordinance, it is
agreed and stipulated that the grantee herein, its suc-
cessors and assigns, shall pay to the City of Fort Worth
an annual compensation equal in amount to three per cent.
of its total and yearly gross receipts arising from the
sale of artificial gas in the City of Fort North, derived
and received by it from the use of the rights, privileges
and powers granted by this ordinance. The requirement
for such payment, however, is hereby suspended as to sales
of artificial gas for a period of three years from and
after the passage and taking effect of this ordinance.
Section 13: It is further provided that the auditor
of the City of Fort Worth, or any other person appointed
by said city, shall have free access to the books, vouchers,
oontracts, papers and records of the grantee, its successors
and assigns, for the purpose of ascertaining the gross re-
ceipts arising from and out of its business, and of deter-
mining therefrom the amount of money to be paid to said City
of Fort Worth. Such income from its gross receipts shall
be and become payable on the fifteenth day of January next
after the reckoning period has begun, and successively on
the fifteenth day of January of each year thereafter.
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Section 14: It is further provided that in the event
the distribution and sale of natural gas should fail, accord-
ing to the terms and provisions of this ordinance,- and the
lines, pipes and extensions had and made for the purpose of
bringing such natural gas to the limits of the City of
Fort Worth be abandoned, and the company should engage in
the distribution and sale of artificial gas, than in de-
termining the price to be charged for such artificial gas,
and in considering the question of the grantee havin�gg a rea-
sonable return upon its investment, it is understood that
the cost, value, and expenditures made upon and for all
such pipe lines, and other investments made beyond the
limits of the City of Fort Worth for the distribution and
sale of natural gas, shall not be considered or taken into
account, neither shall any investment made for the didtri-
bution and sale of natural gas within the limits of the City
of Fort Worth, and not serviceable for distributing artificial
gas be considered or taken into account.
Section 15: As part consideration of the rights,
powers and privileges herein granted, and by the accept-
ance of this ordinance, it is provided that the construc-
tion, laying out and maintaining of all of the said pipes,
mains, ducts and other instrumentalities named and provided
for in this ordinance shall be under the supervision and
control of the board of commissioners of the City of Fort
Worth, or such officers or persons as may be designated
by said board of commissioners of the City of Fort North,
and all of the said mains, pipes di other instruo
mentalities laid, maintained"`' se in such manner as not
to endanger the property, health andlconfort of the citizens
of the City of Fort Worth. No streets or alleys shall be
unnecessarily opened or obstructed by laying, constructing,
or using said pipes, mains, ducts or other instrumentalities,
and such streets and alleys shall be repaired at the expense
of the Fort Worth Light & Power Company as speedily as
possible, and same shall be left in as good condition, in
all respects, as before the laying and establishment of
such pipes, mains, ducts and other instrumentalities. The
ggrantee herein, its successors and assigns, shall and does
hereb agree to indemnify and hold harmless the City of
t'Vo Fort rth from any and every liability, suit, judgment,
claim, expense and demand, growing out of any injury to
person or property as a result, on the part of the grantee,
its successors and assigns,, of a failure to observe its
Public duty, or because of the negligence or want of care
n whole or in part arising out of the construction, oper-
ation, maintenance or repairs of its said mains, pipes,
ducts and other instrumentalities used in the sale and
distribution of itsas or other light as herein provided
for; and it is furthger provided that in every case in any
court wherein the City of Fort Worth is impleaded by reason
of some alleged act or ommssion on the part of the said
grantee, its successors or assigns, said City of Fort Worth
shall be entitled to judgment or decree over against said
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grantee herein, its 'stiocessors and assigns, for and on
account of any judgment or deoree that may be rendered
therein against said city, and the said grantee shall,
within ninety days after the passage and taking offset
of this ordinance, execute and give a�ggood and sufficient
bond in the sum of Twenty Thousand ($20,000) Dollars, with
some surety thereon, approved by the board of commission-
ers of the City of Fort Worth; conditioned that the grantee
will indemnify and hold harmless the said City of Fort
Worth from all and every liability, claim, suit, damage
and cost that might be incurred by the said City of Fort
Worth or paid out by it by reason of the said grantee's
failure to observe all of the requirements and conditions
aforesaid, also, said bond shall indemnify said City of
Fort Worth in the payment of the said gross tax receipts
herein provided for.
Section 16: It is understood that in the exercise
of the powers and authority herein granted, the grantee
shall have the use of all of its pipes, mains, ducts ,and
other instrumentalities for the distribution of gas that
it now has or may have at the time it begins the distri-
bution .and sale of natural gas, subject to the regulation
and supervision thereof by the City of Fort Worth as
hereinbefore provided in this ordinance with reference
to the laying and maintaining of mains, pipes, ducts
and other instrumentalities used for the distribution
of gas.
Section 17;. Within thirty days after the passage
and taking effect of this ordinance the said Fort Worth
Light & Power Company shall file with the City Secretary
of the City of Fort forth its written acceptance of the
terms and conditions of this ordinance.
Section 18: The grant of privileges hereunder is
expressly made subject to the charter provisions of the
CttT of ?prt Worth concerning the right of said city
to,Apart ase, acquire,and become the owner of all pubno
utilities.
Section 19: The rights privileges and authority
herein and hereby granted, unless sooner forfeited and
terminated for cause or causes herein set out, shall
endure and continue for a period of thirty years from
and after the passage hereof and its acceptance bf the
grantee herein.
Section 20: The franchise granted by this ordinance
being made without direct charge therefor, it is express-
ly provided that such fact shall be taken into consider-
ation in all investigations or proceedings instituted or
had for the purpose of regulating the tolls that may
be charged by the grantee for the supply of gas to the
consumers of the City of Fort Worth, and also shall
apply to any investijation or proceedings to determine
the value of grantee s property, if the City of Fort
Worth should hereafter seek to acquire the same.
It is further provided that the grantee herein shall
never issue stocks or bonds based upon its property held
and operated by virtue of this grant, except for money
paid, labor done, or property actually received,, and shall
not issue the same in excess of the money actually paid,
%p in excess of the value of labor actually done or the
'value of the property actually received, and all stock
or bonds issued in contravention of this provision shall
be void.
Section 21: Whereas, the City of Fort Worth has
heretofore granted to the Fort Worth Light & Power
Company and to those under whom it holds, certain rights
and franchises for the distribution and sale of gas, and
under which rights and franchises it is now engaged in the
distribution and sale of gas in the City of Fort worth,
and which rights and franchises terminate November ,
1914; it is therefore provided, agreed and stipulate
that upon the l�e.ggal passage and taking effect of this
ordinance and "i�i,Qwritten acceptance of same by the
Fort Worth Light & Power Company, the rights and fran-
chises heretofore granted, as aforesaid, shall cease and
terminate, and after the legal passage and taking effect
of this ordinance, the written acceptance thereof by
the Fort Worth Light & Power Compaq shall be held and
deemed a conclusive waiver of its rights under the for-
mer franchises, as aforesaid.
Section 22: Subject to the right of the qualified
voters of the City of Fort Worth, to demand a referendum
hereon as provided in Section 182 of the Charter of the
City of Fort Worth, and subject to the written acceptance
by the grantee herein, this ordinance shall take effect
and be in force from and after its passage and publica-
tion as required by law. or
z hereby certify that the above and foregoing ordinance was
dil;: prF-rented and unanimously passed by the Board of Cbi'Ittiis-
s oners of t_'_e City of I4grt Worth, Texas, at an f,d,;o1Arned sess'a9Yt,
_ .-.d Fe':ruary ..3 .h, 19C'i. - -
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