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HomeMy WebLinkAbout(0099) Universal Natural Gas, LLC - Franchise Ordinance.PDFORDINANCE NO. AN ORDINANCE GRANTING A FRANCHISE TO UNIVERSAL NATRUAL GAS, LLC, FOR USE OF PUBLIC RIGHTS -OF -WAY IN THE CITY OF FORT WORTH FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING AND OPERATING A SYSTEM OF PIPELINES AND OTHER FACILITIES FOR THE PROVISION, DISTRIBUTION AND TRANSPORTATION OF GAS TO CUSTOMERS IN THE CITY OF FORT WORTH; REQUIRING EXECUTION OF A FRANCHISE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND UNIVERSAL NATURAL GAS, LLC,. REGARDING TERMS, CONDITIONS AND REQUIREMENTS RELATED TO THE USE OF PUBLIC RIGHTS -OF - WAY IN THE CITY OF FORT WORTH AND TO THE CONSTRUCTION, MAINTENANCE AND OPERATION OF PIPELINES AND OTHER FACILITIES FOR THE PROVISION, DISTRIBUTION AND TRANSPORTATION OF GAS TO CUSTOMERS IN THE CITY OF FORT WORTH; REGARDING THE MANNER AND ESTABLISHING PROCEDURES PERTAINING TO THE PROVISION, DISTRIBUTION AND TRANSPORTATION OF GAS TO CUSTOMERS IN THE CITY OF FORT WORTH; AND REGARDING REASONABLE COMPENSATION TO THE CITY OF FORT WORTH FOR THE USE OF THE PUBLIC RIGHTS -OF -WAY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 121 of the Texas Utilities Code authorizes municipalities to adopt ordinances that establish conditions for mapping, inventorying, locating, or relocating pipelines over, under, along, or across a public street or alley or private residential area in the boundaries of the municipality; and WHEREAS, Universal Natural Gas Services, LLC, a Texas limited liability company, ("Company") wishes to construct a system of pipelines and other facilities for the distribution and provision of gas and to distribute and provide gas to customers in the City of Fort Worth. In accordance with the City Charter and ordinances of the City, Company has applied for a franchise from the City in order to carry out those purposes; and WHEREAS, The City of Fort Worth ("City") has reviewed Company's request to enter into a franchise agreement and determined that the granting of a franchise, on the terms and conditions set forth herein, will assist in meeting the increasing needs of gas by customers in the City and the need for competition in the provision and distribution of gas to those customers and potential lower rates for such gas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: Universal Natural Gas, LLC Gas - Franchise Ordinance Page 1 Ordinance Section 1. The City hereby grants Company a franchise to construct, install, maintain and repair a system of pipelines and other facilities for the provision, distribution and transportation of gas in, over, under, along and across the public rights -of -way of the City and to transact business related to the provision of gas through that system of pipelines and facilities, subject to the execution by Company of a Franchise Agreement in the form attached hereto as Exhibit 1, which is hereby made a part of this Ordinance for all purposes. Section 2. In accordance with and as required by Section 2 of Chapter XXV of the City's Charter, the City Secretary is hereby directed to publish this Ordinance in its entirety once each week for four (4) consecutive weeks within a period of thirty (30) days following adoption by the City Council in the official newspaper of the City. Company shall pay for or reimburse the City for all expenses incurred due to such publication. Section 3. That the meeting at which this Ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 4. This Ordinance shall be in full force and effect following (i) its adoption; and (ii) its publication in accordance with Section 2; and (iii), in accordance with Section 1, the execution of the Franchise Agreement attached hereto as Exhibit 1. ADOPTED: Date M & C Number EFFECTIVE DATE: APPROVED AS TO FORM AND LEGALITY: Christopher Austria Assistant City Attorney City of Fort Worth Universal Natural Gas, LLC Gas - Franchise Ordinance Page 2