ORD 47 12/07/1972/ / ____
ORDINANCE. NO. Y17
AN ORDINANCE GRANTING UNITED GAS, INC. , ITS
SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVI-
LEGE AND FRANCHISE FOR A PERIOD OF TWENTY
(20) YEARS TO CONSTRUCT, LAY, MAINTAIN,
OPERATE, EXTEND, REMOVE, REPLACE AND RE-
PAIR A SYSTEM OF PIPE LINES, GAS MAINS, LATER-
ALS AND ATTACHMENTS AND ALL DESIRABLE IN-
STRUMENTALITIES IN, UNDER, OVER, ACROSS
AND ALONG ANY AND ALL STREETS, AVENUES,
PARKWAYS , SQUARES, ALLEYS AND ALL OTHER
PUBLIC PLACES IN THE CITY OF CIBOLO, GUADALUPE
COUNTY, TEXAS, FOR. THE PURPOSE OF TRANSPORTING,
DISTRIBUTING, SUPPLYING AND SELLING GAS (NATURAL
AND/OR ARTIFICIALAND/OR MIXED) FOR HEAT-
ING, LIGHTING, POWER AND FOR ALL OTHER PUR-
POSES FOR WHICH' GAS MAY BE USED, TO THE
MUNICIPALITY OF SAID CITY OF CIBOLO, TEXAS,
AND ITS INHABITANTS AND OTHERS; PROVIDING
CONDITIONS CONTROLLING THE USE OF PUBLIC
THOROUGHFARES AND EXTENSIONS THEREIN; ES-
TABLISHING STANDARDS OF SERVICE; PROVID-
ING FOR ACCEPTANCE;. PROVIDING A SEVERABILITY
CLAUSE; MAKING MISCELLANEOUS PROVISIONS;
AND REPEALING ALL ORDINANCES IN CONFLICT
HEREWITH.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS :
SECTION 1. The City of Cibolo, Guadalupe County,
Texas, herein called "Grantor" , does hereby grant unto United
Gas , Inc. , its successors and assigns , herein called "Grantee" ,
the right, privilege, and franchise to construct, lay, main-
tain, operate, use, extend, remove, replace and repair in, under,
over, across and along any and all of the present and future
streets, avenues, parkways , squares , alleys, thoroughfares ,
roads, highways , sidewalks, viaducts , bridges, streams, public
grounds, public properties , and other public places of Grantor,
and in all tracts, territories , and areas hereafter annexed
to or acquired by and placed within the corporate boundaries
of Grantor, a system of pipes, pipe lines , gas mains , laterals,
conduits, feeders , regulators, meters , fixtures , connections ,
and attachments and other desirable instrumentalities and ap-
purtenances necessary or proper for the purpose of transporting,
distributing, supplying and selling gas (natural and/or arti-
ficial and/or mixed) for heating, lighting, power and for any
other purposes for which gas may now or hereafter be used, in
and to said Grantor and its inhabitants or any other person
orpersonswithin or without the corporate boundaries of Grantor.
SECTION 2. Grantee's property shall be so constructed
and maintained as not to interfere unreasonably with traffic
over the public thoroughfares of Grantor and the same shall
be laid in accordance with the lines and grades established
by Grantor.
SECTION 3. Grantee at its own expense shall run or
extend not more than one hundred (100) feet of main, not to
exceed a maximum diameter of two (2) inches, plus reasonable
service lines , to serve any person, firm, association, individ-
ual, or corporation applying for or demanding gas or gas ser-
vice and/or additional gas or gas service. Grantee shall not
be required to run or extend any main a distance greater than
that specified in the preceding sentence to any person, firm,
association, individual, or corporation applying for or demanding
gas or gas service and/or additional gas or gas service unless
the probable expected use of such gas or gas service by such
person, firm, association, individual or corporation will pro-
vide to Grantee a reasonable and compensatory return or income
on the value of the additional main, service line and other
equipment which must necessarily be installed to comply with
such application or demand. -
SECTION 4 . The service furnished hereunder to said
Grantor and its inhabitants shall be first-class in all respects
considering all circumstances and shall be subject to such reason-
able rules and regulations as Grantee may make from time to
time. Grantee may require reasonable security for the payment
of its bills.
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f
SECTION 5. Grantee shall hold Grantor harmless from
all expenses or liability for any unlawful or negligent act
of Grantee hereunder.
SECTION 6. Nothing herein contained shall ever be
held or considered as conferring. upon Grantee and its successors
and assigns any exclusive rights or privileges of any nature
whatsoever. -
SECTION 7. All ordinances and parts of ordinances -
in conflict herewith are hereby repealed.
SECTION 8. This franchise shall take effect and con-
tinue and
on-tinue- and remain in effect for a period of twenty (20) years
from and after thedate of this ordinance, provided Grantee
files a written acceptance of this franchise with Grantor within
one hundred twenty (120) days after final passage of this ordinance.
SECTION 9. If any provision, section, subsection,
sentence, clause, or phrase of this ordinance is for any reason
held to be unconstitutional, void or invalid (or for any reason
unenforceable) , the validity of the remaining portions of this
ordinance shall not be affected thereby, it being the intent
of Grantor in adopting this ordinance that no portion hereof
or provision or regulation contained herein shall become in-
operative or fail by reason of any unconstitutionality or invalid-
ity of any other portion, provision or regulation, and to this
end, all provisions of this ordinance are declared to be severable.
Read in full and passed and adopted_ ata= regular meeting
on the day of ,. 19 , and approved by
the Mayor.
APPROVED:
Mayor
of the City of Cibolo, Texas
ATTEST: - -
City' Secretary - -
of the City of Cibolo,
Texas -
(SEAL) -3- -
THE STATE OF TEXAS §
COUNTY OF GUADALUPE §
I , the duly appointed., qualified and acting City
Secretary of the City of Cibolo; Texas, do hereby certify that
the above and foregoing ordinance was passed and adopted by
the City Council of said city of Cibolo, at -a regular meeting
of the City Council held on the , day of
19 ; that written notice of. the date, place and subject of
said, meeting was posted on a bulletin board located at a place
convenient to the public in the city hall for- at least- the- three
days preceding the -day of said meeting; that the Mayor,
, and Aldermen '
. 1
and
were present and voted in favor of said ordinance at said' meet-
ing; that said ordinance has been approved by the Mayor and
is duly attested by the City Secretary; and that said ordinance
has been duly engrossed and enrolled in the records of the City
of Cibolo.
Executed under my hand and the official seal of the
City of Cibolo, Texas, at said City, this the day of
, 19
,City Secretary
of the City of Cibolo, Texas
(SEAL)
- - -
To the City of Cibolo, Texas :
United Gas, Inc. , for itself, -its successors and assigns ,
hereby accepts the above and foregoing ordinance and agrees
to be bound by all of its terms and provisions..
•
UNITED GAS, INC.
By
Vice President -
- Dated the day of , 19
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$ ✓
THE STATE OF TEXAS §
COUNTY OF GUADALUPE §
I , the duly appointed, qualified and acting City
Secretary of the City of Cibolo, Texas, do hereby certify that
the above and foregoing Acceptance was received and filed in
the office of the City Secretary of the City of Cibolo on the
day of , 19
Executed under my hand and the official seal of the
City of Cibolo, Texas, at said City, this day of
19
City Secretary
of the City of Cibolo, Texas•
(SEAL)
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ORDINANCE. NO-. ..
AN:ORDINANCE GRANTING UNITED GAS, INC. .7 ITS
SUCCESSORS AND ASSIGNS, THE RIGHT, PHIVIIEGE
AND FRANCHISE FOR A ?MOD ,OF FrtrE T+T (15)
YEARS TO CONSTRUCT, LAY, MAINTAIN, OPERATE,
EXTEND, RAIOVE, REPLACE AND REPAIR A SYSTEM
OF PIPE LINES, .GAS MAINS, LATERALS AND ATTACH-
NENTS AND ALL DESIRAME DISTRUMENTALITIES IN,
OMER, OVER, ACROSS AND ALONG ANY AND ALL ,
STREETS, AVENUES ?ARRAYS, SQUAW,, ALLEYS,
AND ALL OTHER P1LD: 'C PTACES IN THE CITY OF
CI�BOID, GUAmDA�L�U'�PE COUNTY,DISTRIBUTING,
THE
• PURPOSE OF S.SfA1.SSPORTI( , DI RIBViING, S PPLY-
ING. A .l) SELLING GAS (NATU L AND/OR ARTIFICIAL •
•
s0/,cOR MIXED), FOR HEATING,• LIGHTING, POW* AM -
FOR ALL OMR PURPOSES FOR MUCH GAS' MAY BE •
USED. TO TIE MUNICIPALITY OF SAID CITY OF CIBOID, • '
TEXAS, AND .ITS INHABITANTS AND OTHERS; 'PROVIDING •
CONDITIONS CONTROLLDIG TEE USE OF PU :.`21C THOROU R-
FAoES ANT EXTENSIONS T IN; ESTABLISHING STANDARDS
!OE - .EtVIOE; PROVIDING FOR ACCEPTANCE; PROVIDING A
SEVERABILITY CLAUSE; MAKING ITISCELLAMOUS PROVSIONS;
AND REPEALING ALL ORDINANCES DI CONFLICT IERI ITH.
•
BE IT ORDAINED-BY THE CITY COUNCIL OF THE CITY OF CIPOID,, TEXAS: '
- SECTION 1 . The City of Cibolo, Guadalupe County, Texas, , .
herein' called "Grantor",. does hereby grant unto t .ited Gas, Inc., its
successors and assi ',, herein called "Grantee", the right, privilege,
and:franchise to construct, lay,,maintain, operate, ,use, extend, remove,
replace and repair in, under, over, across and, along any f and all of the
present and future streets, avenues, parkways, squares, alleys, thorough-
fares, roads, highways, sidewalks, viaducts, bridges, Streams, public
grounds, public,properties, and other public places of Grantor, and. in all
tracts, territories, and areas hereafter annexed to or acquired by and
placed tdthin the corporate boundaries of Grantor, a system of-pipes, pipe
ince, gas mains, laterals, conduits, feeders, regulators, meters, fixtures,
connections, and attachments and other desirable instrumentalities and ap-
purtenancFs necessary or proper for the purpose of transporting, distri-
buting, supplying and selling gas (natural and/or artificial and/or used:?;
for heating, lighting, power and for any other purposes for which gas may
now or hereafter be used, in and to said Grantor and its inhabitants or any
other -person or persons 'within or without the corporate boundaries of Grantor.
• •
• •
•
SECTION 2. Grantee's property shall be so constructed and
; aintained as not to interfere unreasonably with traffic over the public
thoroughfares of Grantor and the same shall be laid in accordance with
the lines and grades established by Grantor.
SECTION 3. Grantee at its OM1 expense shall run or extend not
more than one hundred (100) feet of main, not to exceed a maximum diameter
of two (2) inches, plus reasonable service lines, to serve any person, firm,
association, individual, or corporation applying for or demanding gas or gas
service and/or additional gas or gas service. Grantee at its own expense shall
run or extend not more than five hundred (500) feet of main, not to exceed
a maximum diameter of two (2) inches, plus reasonable service lines, to serve
any existing or proposed commercial or industrial user applying for or demand-
ing gas service and/or additional gas or gas service which can show a projected
requirement or need for 250,000 cubic feet or more of gas per month. Grantee
sha11 not be required to ra,,, or extend any main a distance greater than that
specified in the preceding sentences to any- person, firm, association, individual,
or corporation applying for or demanding gas or gas service and/or additional
gas or gas service unless the probable expected use of such gas or gas service
by suchperson, firm, association, individual or corporation will provide to
Grantee a reasonable and compensatory r:;turn or income on the value of the
additional main, service line and other equipment which must necessarily be
installed to comply with such application or demand.
SECTION ).. The service furnished hereunder to said Grantor and
its inhabitants shall be first-class in all respects considering all circumstances
and shall be subject to such reasonable rules and regulations as Grantee may
make from time to time. Grantee may require reasonable security for the pay-
ment of its bills.
SECTION 5. Grantee shall hold Grantor harmless from all expenses
or liability for any unlawful or negligent act of Grantee hereunder.
SECT_'..,GN 6. Nothing herein contained shall ever be held or con-
sidered as conferring upon Grantee and its successors and assigns any exclusive
rights or privileges of any nature whatsoever.
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•
•
saynag 7. All ordinances and parts of ordinances in conflict
herewith are hereby repealed.
SECTION Es. This franchise shall take affect and continue and
remain in effect for a period of fifteen (15) years from and after the date
of this ozdinance„ provided Grantee files a written acceptance of 'Ails franchise
with Grunter within one hundred twenty (120 days after final passage of this
ordinance.
5ECTI0N 9. i any provision, section, subsection, sentence, clause3
or phase of this ordinance is for any reason held to be unconstitutional,
-
void or invalid (or for any reason -anonfore,:aabIO, the validity of the remaining
portions of this ordinance Ethan not be affected thereby, it being the intent
of Grantor in adoping this ordinance that no portion hereof or provision or
regulation contained herein shp.13 become imperative or fail by reason of any
unconstitutionality or invalidity of any other portion, provision or regulation,
and to this end, all provisions of this ordinance are declamd to be severable:
i3ad in full and passed and op bed at the regular meeting on the
7th day of De-cater , 1972, and approved by the Mayor.
APPROVED:
F. S. 6CHLATIIM
MAYOR
CITY OF CIBOLO.e TExAs
ATTEST:
- - • - -
EDWPiBD LING
CITY SECELTARY
CITY OF CIBDLO, TiJcAs
-
- 3 -
• •
• • ` • • .
THE STATE OF TEXAS 0
COUNTY OF GUADALUPE #
BEFORE ME, the undersigned authority, a Notary Public in and
for the State and County aforesaid, on this day personally appeared
, known to me to be a credible •
person, who upon his oath deposes and says:
I am the City Secretary of the City of Cibolo, Texas,
a municipality incorporated under the provisions of Chapter 11,
Title 28, of the Revised Civil Statutes of Texas (1925), and
have acted in such capacity during the period of time covered
by this affidavit. On the 7th day of December
19_72_2 the City Council of said City of Cibolo, at a regular
me-ging of said City Council, enacted an ordinance (No. 47
Book , Pages through ) granting
United Gas, Inc., its successors and assigns, the right,.
privilege and franchise for a period of fifteen (15) years to
construct, lay, maintain, operate, extend, remove, replace and
repair a system of pipe lines, gas mains, laterals and attach-
ments and all desirable instrumentalities in, under, over,
across, and along any and all streets, avenues, parkways,
squares, alleys, and all other public places in the City of
Cibolo, Guadalupe County, Texas, for the purpose of transporting,
distributing, supplying and selling gas (natural and/or artifi-
cial and/or mixed) for heating, lighting, power and for all
other purposes for which gas may be used, to the municipality
of said City of Cibolo, Texas, and its inhabitants and others;
providing conditions controlling the use of public thorough-
fares and extensions therein; establishing standards of service;
providing for acceptance; providing a severability clause;
making miscellaneous provisions; and repealing all ordinances
in conflict. After the enactment of the above-described
ordinance, the full text thereof was published by posting the
same for at least ten days (between the 4thday of
February , 19_ 3_t and the 15tb day of
February , 19 73 ) in the following three public
places in said City of Cibolo:
1. Cibolo City Hall
2. Cibolo State Bank
3. Cibolo Bowling Alley
e5. 72"K14,72t7.4t;
City Secretary
of the City of Cibolo, Texas
•
•
• . „
SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned
on.
Notary PubliC, by this the
t 6-It—day of 1973 to certify which wit-
ness my hand and seal of o
40/21 r ,
N.T%ry Public in andaor
Guadalupe County, Te - s
,•
•
•
•
• •
1 - 17
i; • ?„,
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4. • .3
TIM STATE OF TEXAS •
COUNTY OF GUADALWE
I, the duly appointed, qualified and acting City Secretlry of
the City of Cibolo, Texas, do hereby-certify- that the above and foregoing
orelnence as paused and adopted by the City Council of said City of Cibolo,
at a regular.meting of the City Council held on the 7th day of .auaabf.r_,
1972; that vritten notice of the date, place and subject of said meeting vas
posted on the bulletin board located at a place convenient to the public in
the city hail for at least the three days preceding the day of said meeting;
that the Mayor, F. S. Schlather, and Aldermen Liecic, Niemietz, Dylla, Dykes,
were „resent and voted in favor of said ordinance at said meeting; that said
ordinance has been approved by the Mayor and is duly attested by the City
Secretary; and that said ordinance has been duly engrossed and enrolled in the
records of the City of Cibolo.
ExecUted under my hand andHthe official seal of the City of Cibolo4
Texas, at said City, this the 7t -4V-of 24.emb.er _ 1972.
- _
City Secretary
City of Cibolo, Teas
- ,
To the City of- Cibolo, Texas:
Wited Gas, Inc., for itself, its successors and assignsl_hereby
accepts the above and foregoing ordinance and agrees be boumlbyjO1 of
its terms and provisions.
•
IZITTED GAS, INC.
/
By
40"1 iso -Freeiden
rated the 22nd day of 1973 ..
APPROVED AS TO FORM
BAKER & BOTS
• -z ,
)
-71 • - •
, J
THE STATE OF TEXAS
C011.iTY OF OU);BATA
1, the duly appointed, qualified and acting City Secretor of
the City of Oibolo, Tezes, do hereby certAfy that the above and foregoing
Acceptance .T,Jaa received and filed in the office of The City Secretary of
the City. of Cibolo on the .412±0y of 19 73'
aocuted -,:lnder my 11.-,,nd and the official seal of the City of
Cibolo, Texas, at eaici City, this 22Lday of ..y22,1,t-eZi 12 73, .
/
• •
Edw&H Ting
City Secretary
City of Cibolo, Texas
•
CO-
SECTION 2. Grantee's property shal/ be so constructed and
maintained as not to interfere unreasonably with traffic over the public
thoroughfares of Grantor and the same shall be laid in accordance with
the lines and grades established by Grantor.
SECTION 3. Grantee at its oum expense hall run or extend not
more than one hundred (100) feet of main, not to exceed a maximmn diameter
of two (2) inches, plus reasonable service lines, to serve any pereon, firm,
association, individual, or corporation applying for or demanding gas or gas
service and/or additional gas or gas service. Grantee at its own expense shall
run or extend not mere than five hundred (5)0) feet of main, not to exceed
a maximum diameter of two (2) inches, plus reaeonable service lines, to serve
any existing or proposed commercial or industrial user applying for or demand-
ing gas service and/or additional gas or gas service which can show a projected
requirement or need for 250,000 cubic feet or more of gas per month. Grantee
shall not be required to run or extend any main a distance greater than that
specified in the preceding sentences to any person, firm, association, individual,
or corporation applying for or demanding gas or gas service and/or additional
gae or gas service unless the probable expected use of such gas or gas service
by suchpereoa, firm, assocaation, individual or corporation will provide to
Grantee a reasonable and compensatory rturn or income on the value of the
additional. main, service line and other equipment which must necessarily be
installed to comply with such application or demand.
SECTION L . The service furnished hereunder to said Grantor end
its inhabitants shall be first-class in all respects considering all circumstances
and shall be subject to such reasonable rules and regulations as Grantee nay
make from tine to time. Grantee may require reasonable security for the pay-
ment of its bills.
SECTION 5. Grantee shall hold Grantor harmlees from all expenses
or liability for any unlawful or negligent act of Grantee hereunder.
SECTAN 6. Nothing herein contained shall ever be held or con-
sidered as conferring upon Grantee and its successors and assigns any exclusive
rights or privilegeof any nature whatsoever.
- 2 -
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SECTION 7. All ordinances and parts of ordinances in conflict
herewith are hereby repealed.
SECTION 8. This franchise shall take effect and continue and
remain in effect for a period of f:'fteen (15) years from and after the date
of this ordinance, provided Grantee files a written acceptance of :.his franchise
with Grantor within one hundred twenty (120) days after final passage of this
ordinance.
SECTION 9. If any provision, section, subsection, sentence, clause,
or phrase of this ordinance is for any reason held to be unconstitutional,
void or invalid (or for any reason unenforceable) , the validity of the remaining
portions of this ordinance shall not be affected thereby, it being the intent
of Grantor in adopting this ordinance that no portion hereof or provision or
regulation contained herein shall become inoperative or fail by reason of any
unconstitutionality or invalidity of any other portion, provision or regulation,
and to this end, all provision:$ of this ordinance are declared to be severable.
Read in full and passed and adopted at the regular meeting on the
7th day of , e ember , 1972, and approved by the Mayor.
APPROVED:
F. S. C `�HER
MAYOR
CITY OF CIBOW, TEXAS
ATTEST:
ED RD LING ' i
CITY SECRETARY
CITI OF CII30L0, TEXAS
_ 3
111
TBE STATE OF TEXAS
COUNTY OF GUADAIDBE
I, the duly appointed, qualified and acting City Secretary of
the City of Cibolo, Texas, do herdby certify that the above and foregoing
ordinance as passed and adopted by the City Council of said City of Cibolo,
at a regular meeting of the City Council held on the 7thday of December
1972; that written notice of the date, place and subject of said meeting vas
posted on the bulletin board located at a place convenient to the public in
the city hail for at least the three days preceding the day of said meeting;
that the Mar, F. S. Schiather, and Aldermen Lieck, Niemietz, Dylla, Dykes,
were ,Tesont and voted in favor of said ordinance at said meeting; that said
ordinance has been approved by the Mayor and is duly attested by the City
Secretary; and that said ordinance has been duly engrossed and enrolled in the
records of the City of Cibolo.
Executed under my hand and the official seal of the City of Cibolo,
Texas, at said City, this the Igjay of December.. , 1972.
400 '
• ..4...iac.„2/
City Secretary
City of Cibolo, Tegas
To the City of Cibolo, Texas:
United Gas, Inc ., for itself, its successors and assigns, hereby
accepts the above and foregoing ordinance and agrees be bound by 1.71 of
its terms and provisions.
U:K-TED GAS, INC.
By
Vice President
Dated the day of „ l9
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G • f Rd
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THE STATE OF TERAS
COI TY OF OUAALU°
T, the duly appointed, qualified and acting Casty Secretary of
the City of Cibolo, Texas, do hereby certify that the above and foregoing
Acceptance was received and filed in the office of he City Secretary of
the City of Cibolo on the day of 19
Executed under my ?l4/nd and the official seal of the City of
Cibolo, Texas, at said City, this day of , 19
Edwa f R; Liing
City Secretary
City of Cibolo, Texas