HomeMy WebLinkAboutOrdinance 5299 L
L R€ -ORDSEtRET YORTH, TEX.
ORDINANCE NO. 5299
AN ORDINANCE GRANTING CONSENT TO LANE STAR GAS COMPANY, ITS SUCCESSORS
AND ASSIGNS, TO USE THE STREETS, ALLEYS AND PUYLIC THOROUGHFARES OF
THE CITY OF FORT WORTH, TEXAS, FOR THE' PURPOSE OF LAYING, MAINTAINING,
USING AND OPERATING THEREIN PIPELINES TO HANDLE GAS TO DOMESTIC, COM-
MERCIAL AND INDUSTRIAL CUSTOMERS LOCATED IN SAGD CITY ,DIRECTING HOW
PERMITS MAY BE GRANTED FOR LINES TO BE EXTENDED, RELAYED,,-REPAIRED,
LOWERED AND RELOCATED; PROVIDING THAT THE CITY SHALL BE HELD HARMLESS
FROM ANY DAMAGES CAUSED BY THE CONSTRUCTION AND MAINTENANCE`OF SUCH
LINES; AND, IN CONNECTION THEREWITH, PROVIDING FOR THE PAYMENT OF A
FEE OR CHARGE FOR THE USE OF STREETS, ALLEYS AND PUBLIC 'WAYS; PRO-
VIDING FOR CERTAIN ADJUSTMENTS TO THE PROVISIONS CONTAINED IN ORDI-
NANCES NOS. 4283 AND 4290 AS SAID ORDINANCES APPLY TO LANE STAR GAS
COMPANY; PROVIDING THAT THIS ORDINANCE SHALL REPEAL, SUPERSEDE AND
REPLACE ANY ORDINANCES CONFLICTING HEREWITH; AND PROVIDING FOR THE
ACCEPTANCE HEREOF BY LANE STAR GAS COMPANY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT-WORZA, TEXAS:
SECTION 1.
The City of Fart Worth, Texas, herein called "City, hereby grants its
consent to the use of its present and future streets, alleys and public
thoroughfares by Lone Star Gas Company, its successors and'assigns, herein
called "Company," for the purpose of laying, maintaining, using and operating
therein the pipelines and appurtenant a(tuipment necessary to deliver gas to
domestic, commercial and industrial customers located;"within the City's cor-
porate limits, said consent being granted for a term of twenty-five (25)
years from the date this ordinance is adopted and approved.
SECTION 2.
Company shall lay, maintain and operate its lines and equipment so
as to interfere as little as possible with traffic and shall promptly restore
all thoroughfares and other surfaces which it may disturb to their original
condition. Before Company shall be authorized or required to extend, repair
or relay its existing gas mains or street service lines, there shall be filed
with the Director of Public Works a written statement showing the nature and
character of the extensions proposed to be made. Company at its own cost
and expense, and at City's request and for City's benefit, shall lower,
relocate or relay existing gas mains or street service lines where neces-
sary due to the lowering of street grades by the City, closing of streets,
or work in or under the City streets by the City; but Company shall have no
such obligation where the request by the City is made for the purpose of
enabling any other person, firm, corporation or governmental authority to
use the streets, alleys, highways and public places of the City, or to use
the land theretofore used for street, alley or highway purposes.
SECTION 3.
Company's property and operations in the City shall be subject to
such regulation by the City as may be reasonably necessary for the pro-
tection of the general public.
SECTION 4.
Company shall hold the City harmless from all expense or liability
for any act of neglect of the Company hereunder.
SECTION 5•
Nothing herein contained shall ever by held or construed to confer
upon Company exclusive rights or privileges of any nature whatsoever.
SECTION 6.
On or before the 15th day of March, June, September and December
of each year during the period of this agreement, beginning January 1,
1965, Company, its successors and assigns, agrees to pay to City an amount
equal to four per cent (4%) of the gross revenues received by Company from
the sale of gas to its domestic and commercial customers within the corpor-
ate limits of the City of Fort Worth for the calendar quarter irmaediate]y
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preceding the calendar quarter in which the payment is made, each such pay-
ment to be based upon a report filed contemporaneously therewith and each
such payment to fury discharge Company's obligation for the calendar
quarter in which made. Such payments shall be made by Company and accepted
by City as full payment for Company's privilege of using and occupying the
streets, alleys, highways, easements and parks within the City and of other
fees connected with that use, such as rentals, supervision, inspection and
occupation charges and in lieu of license and inspection fees, street and
alley rentals (excepting only general or special ad valorem taxes which
the City is authorized to levy and impose upon real or personal property).
This paragraph shall be in lieu of, substitute for, and cancel that certain
street rental Contract No. 4396 between the City and Company dated June 11,
1941, as amended March 1, 1961, provided that such cancellation shall not
alter Company's obligation to make the payment due City in December, 1964
only under the terms of said contract.
SECTION 7
In connection with the foregoing, the following paragraph shall be
added to Section 2 of Ordinance No. 4283 and Section 1 of Ordinance No.
4290 of the City of Fort Worth insofar as these ordinances apply to
-Compaw:
Adjustments
The amount of each monthly bill computed at the above stated rates
shall be subject to the following adjustments:
Plus 1/2 of one per cent for each whole point by which the average of
the twelve most recent monthly values for the "All Commodities" Index
taken from "Wholesale Prices" compiled by the United States Department
of labor on a 1957-1959 base, or adjusted thereto, exceeds 105; plus
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or minus an amount equivalent to one-half (1/2) cent per Mcf for each
one-half (1/2) cent by which Company's weighted average cost of gas
purchased during the latest available twelve months is more or less
than thirteen cents (130) per Mcf at 14.65 peia, provided that the
maximum weighted average cost to be considered shall not exceed
sixteen cents (160); plus the amount of any new tax or increased
rate of tax or governmental imposition or charge (except state,
county, city and special district ad valorem taxes and any taxes on
net income) levied or assessed against the Company or on its gas
business as the result of any new or amended law, ordinance•or con-
tract after January 1, 1964, allocable to any such bill. P-W adjust-
ment made shall be applied uniformly to all domestic and commercial
rate categories. Company at its option may forego the application of
any adjustment if such adjustment would result in an increase in the
monthly bill; however, failure of Company to apply any adjustment shall
not constitute a waiver of Company's right, from time to time or at any
time, to make any adjustment, in whole or in part, in any subsequent
current monthly bill that may be applicable to such bill under the
provisions of the foregoing adjustments; provided that no such adjust-
ment shall become effective until thirty (30) days after Company shall
have advised the City Utilities Supervisor in writing of its intention
to make the same, and that such notice shall include full information
regarding the reasons for the adjustment and documentation of the
effect of the adjustment upon the Company's rate of return on its
investment, and provided further that the company shall have published,
at least 25 days in advance of such effective date, a notice on three
successive days in a newspaper of general circulation that it has sub-
mitted such a plan for such a rate adjustment to the City Utilities
Supervisor, giving in such newspaper notice the date the plan was
submitted to the City Utilities Supervisor and the amount and date of
the rate adjustment proposeds
provided, however, the provisions of said ordinances, as they affect Company,
shall be subject to revision and change from time to time by either the City
or the Company in the manner provided by law.
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SECTION 8.
This ordinance shall repeal, supersede and replace any conflicting
ordinances of the City of Fart Worth, including Ordinance No. 211.3 and
Contract No. 4396 (effective March 1, 1961) provided Company, within sixty
(6O) days after adoption, files its written acceptance hereof with the
City Secretary.
ADOPTED this Z 14-r-
day of f 196?t
APPROVED AS TO FORM AND LEGALITfs
City Attorney
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