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HomeMy WebLinkAboutO-330-3-81ORDINANCE NO. 330 AN ORDINANCE AMENDING AND CHANGING A FRANCHISE ORDINANCE ENACTED BY THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON AUGUST 17, 1978 AND BEING PARTLY STYLED, "AN ORDINANCE GRANTING TO LONE STAR GAS COMPANY, A CORPORATION, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO FURNISH AND SUPPLY GAS TO THE GENERAL PUBLIC IN THE CITY OF ALLEN, COLLIN COUNTY, TEXAS"; AND PROVIDING FOR A MODIFICATION OF THE DEFINITION OF THE TERMS "SERVICE LINES" AND "YARD LINES" REFERENCED IN SECTION 4 THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS: SECTION 1. As of the effective date of this amendatory ordinance, and upon acceptance by Lone Star Gas Company of the provisions hereof, Section 4 of the aforesaid captioned franchise ordinance enacted on August 17, 1978, shall be stricken, cancelled and nullified and there shall be substituted in lieu thereof a new provision reading as follows: "SECTION 4. In addition to the rates charged for gas supplied, Company may make and enforce reasonable charges, rules and regulations for service rendered in the conduct of its business including a charge for services rendered in the inauguration of natural gas service, and may require, before furnishing service, the execution of a contract therefor. Company shall have the right to contract with each customer with reference to the installation of, and payment for, any and all of the gas piping from the connection thereof with the Company's main in the streets or alleys to and throughout the consumer's premises. Company shall own, operate and maintain all service lines, which are defined as the supply lines extending from the Company's main to the customer's meter where gas is measured by Company. The consumer shall own, operate, and maintain all yard lines and house piping. Yard lines are defined as the underground supply lines extending from the point of connection with Company's customer meter to the point of connection with consumer's house piping." SECTION 2. Enactment of this amendatory ordinance shall in no way ever be construed so as to diminish or impair any consumer's owner- ship interest in service lines (or portions thereof) installed prior to the effective date of this amendatory ordinance. SECTION 3. The terms and provisions of this amendatory ordinance shall be deemed to be severable, and if the validity of any section, sentence, clause or phrase of this amendatory ordinance should be declared to be invalid, the same shall not affect the validity of any other section, sentence, clause or phrase of the amendatory ordinance. SECTION 4. Except as heretofore and hereinabove changed and amended, the terms, provisions, conditions and requirements to the aforesaid franchise ordinance shall remain in full force and effect. SECTION 5. This amendatory ordinance shall become effective as of March 19 , 1981 if the Company filed its written acceptance of the provisions of this ordinance within sixty (60) days after its final passage and approval by this City and upon acceptance, the provisions hereof shall be binding upon City and Company, their successors and assigns. PASSED AND APPROVED ON THIS 19th DAY OF MARCH , 1981. ATTEST: I1 \ L, \ ;Marty Hendrix, City SecretarjA Mayor M. B. Pierson City of Allen, Texas Attachment to Ordinance No. 330 STATE OF TEXAS COUNTY OF DALLAS WHEREAS, there was finally passed and approved on March 19, 1981, Ordinance No. 330 amending the Lone Star Gas Company, Franchise Ordinance No. 249 enacted by the City of Allen, Collin County, Texas, on August 17, 1978, of record in the Minutes of the City Council, to revise the definition of the terms "service lines" and "yard lines" set out in Section 5 of said franchise, which is recorded in the Minutes of the City Council of said City; and WHEREAS, Section 5 of said amendatory ordinance provides as follows: "SECTION 5. This amendatory ordinance shall become effective as of March 19, 1981, if the Company files its written acceptance of the provisions of this ordinance within sixty (60) days after its final passage and ap- proval by this City and upon acceptance, the provisions hereof shall be binding upon City and Company, their successors and assigns." AND, WHEREAS, it is the desire of Lone Star Gas Company, a Division of ENSERCH Corporation, to comply with the above -quoted provisions of Section 5 thereof. NOW, THEREFORE, premises considered, Lone Star Gas Company, a Div- ision of ENSERCH Corporation, acting by and through its duly authorized off- icers, and within the time prescribed by Section 5 quoted above, does hereby accept the provisions of the above amendatory Ordinance No. 330 in accordance Attachment to Ordinance No. 330 with its terms, provisions, conditions, and requirements, and subject to the stipulations and agreements therein contained. ATTEST: WITNESS THE EXECUTION HEREOF, on this the 13 day of 1981. Lone Star Gas Company, A Divi- sion of ENSERCH Corporation By Assistant ecretary STATE OF TEXAS COUNTY OF COLLIN I, Marty Hendrix , City Secretary of the City of Allen, Texas, do hereby certify that the above and foregoing is a true and correct copy of a formal acceptance of Ordinance No. 330 finally passed and approved by said City on March 19 , 1981, an -d —record in Book 7 of the Minutes of the City, and I do further certify that said acceptance has been duly presented to the City Council and filed in connection with and as a part of said amendatory Ordinance No. 330 . OF WHICH, witness my official signature and the seal of said City on this the 7th day of May , 1981. City Secret y City of Allen, Texas 2. Public Notices ORDINANCE NO. 330 An Ordinance Amending and Changing a Franchise Ordinance Enacted by the City of Allen, Collin County, Texas, on August 17, 1978 and Being Partly Styled, "An Ordinance Granting to Lone Star Gas Company, a Cor. poration, Its Successors and Assigns, a Franchise to Furnish and Supply Gas to the General Public in the Ci. ty of Allen, Collin County, Texas"; and Providing for a Modification of the Defini. tion of the Terms "Service Lines', and "Yard Lines" Referenced in Section 4 Thereof. DULY PASSED by the City Council of the City of Allen, Texas, on the 19th day of March, 1981 APPROVED: /s/M.B. Pierson, ` Mayor ATTEST: Is/Marty Hendrix, City Secretary (Published in the Allen American Thursday, March 26, 1981 and Monday, March 30, 1981) C70& V� AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared BUDDY W. CAMPER, who having been by me duly sworn, on oath deposes and says: That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Texas, not less fre- quently than once a week, having a general circulation in said county, and having been published regularly and con- tinuously for more than twelve months prior topublishing of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on 7 , � 30, /V/ 02 /�lc�l , and which was issued on 2 � by --f.(a 114z�_ of Collin County, Texas. A printed copy of said publication is attached h eto. SUBSCRIBED AND SWORN to before me this day of , A.D. 19� Notary Public in and for Collin County, Texas Publisher's Fee $ /7" � �