Ordinance No. 10ORDINANCE NO. 10
AN ORDINANCE OF THE CITY OF BAYTOVRI, HARRIS
COUNTY, TEXAS, GRANTING TO HOUSTON NATURAL
• GAS CORPORATION, A TEXAS CORPORATION HAVING
ITS DOMICILE AT HOUSTON, TEXAS, ITS SUCCESSORS,
LESSEES AND ASSIGNS, HEREINAFTER CALLED
GRANTEE, RIGHT OF 'WAY, PRIVILEGE AND EASEMENT
TO LAY, CONSTRUCT, EQUIP, USE, OPERATE AND
UAINTAIN GAS.MAINS, PIPES, AND CONNECTIONS
ALONG, ACROSS AND THROUGH THE STREETS, AVENUES,
ALLEYS, ROADS, HIGHWAYS AND OTHER PUBLIC PLACES
AND GROUNDS OF SAID CITY OF BAYTOWN FOR THE
PURPOSES OF CONVEYING AND TRANSPORTING NATURAL
GAS INTO, OUT OF AND THROUGH SAID CITY FOR SALE
AND DISTRIBUTION, AND REGULATING THE UANNER OF
LAYING SAID GAS STAINS AND THE MAKING OF CON-
NECTIONS THEREWITH, AND PROVIDING FOR ADEQUATE
CONSIDERATION THEREFOR TO BE PAID TO THE CITY,
AND RECOGNIZING AND ANNUAL FIXED RENTAL CHARGE
PAYABLE TO SAID CITY.
WHEREAS, Houston Natural Gas Corporation, a Texas corporation,
• domiciled in the City of Houston, Harris County, Texas, has been
distributing, selling and delivering natural gas to consumers within
the corporate limits of the City of Pelly in Harris County, Texas,
under a Franchise and Ordinance approved December 13, 1927; granted
to Houston Natural Gas Company, a predecessor company, for a period
of thirty (30) years from and after said date;'and,
WHEREAS, the City of Pelly has on two occasions increased
its corporate limits, first, bringing in the area embraced in the
town of Baytown, and thereafter the area- embraced in the City of
Goose Creek; and,
WHEREAS, the City of Pelly then changed its name to the
City of Baytown; and although Houston Natural Gas Corporation has
approximately ten (10) years remaining under its existing Franchise
as thus expanded it desires at this time to obtain from the new
City of Baytown, as consolidated, a new Franchise to extend for a
period of thirty (30) years from the date of its final passage.
NUN, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF BAYTO,'IfN, HARRIS COUNTY, TEXAS:
Section 1. That, subject to the terms, conditions and
stipulations mentioned in this Ordinance, consent and permission is
hereby given to Houston Natural Gas Corporation, a Texas corporation
having its domicile in Houston, Harris County, Texas, and hereinafter
• called Grantee, and to its successors, lessees and assigns, to lay,
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construct, equip, use, operate and maintain a system of gas mains,
pipes, connections, conduits and feeders, together with all necessary
or desirable attachments, connections, fixtures and appurtenances,
along, across and through the streets, avenues, alleys, roads, high-
ways and other public places and grounds of said City of Baytown as
now or hereafter laid out, or as they may from time to time exist,
for the purpose of conveying and transporting natural gas into, out
of and through said City for distribution and sale for light, fuel,
power, heat and any and all other purposes to persons within the
said City, and for any other use by Grantee beyond and outside of
the limits of said City, with the right to connect said gas mains
with the pipes and other equipment of persons to whom Grantee may
sell or distribute such gas; also the right to construct and install,
operate and maintain all necessary or desirable cut -offs, connec-
tions, laterals, attachments and equipment as a part of and connected
with said gas mains and such use thereof.
Section 2. Said gas mains shall be placed underground at
a minimum depth of eighteen inches (18 "), and Grantee shall place
the streets, alleys, etc., through which same are laid in as good
condition as they were previous to the laying of such mains, and
shall pay to the City of Baytown any and all damages for failure so
to do, and shall idemnify said City of Baytown against any damages ,
to any persons by reason of the laying of said mains and the use
and maintenance thereof.
Section 3. Wherever the word "Grantee" occurs in this
Ordinance, it shall mean and be understood to by Houston Natural
Gas Corporation, or its successors, lessees or assigns; and wherever
the word "persons" appears in this Ordinance, it shall be understood.
to mean any natural persons, firm, corporation or association of
any kind or character whatsoever.
Section 4. This Ordinance and the right of way granted
Grantee hereunder shall take effect and be and continue in full
force and effect for a period of thirty (30) years from and after
the date of its final passage, provided Grantee shall pay to the
City of Baytown within ten (10) days after the final passage of
this Ordinance the sum of Ten Dollars ($10), and file its written
acceptance of the terms and.conditions hereof. All of the rights
given Grantee herein shall inure to the benefit of Granteets lessees,•
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successors and assigns; however, this franchise shall not Ve trans-
ferable except with the approval of the City Council-expressed by
0 Ordinance.
Section 5. This'Ordinance shall be subject to Ordinance
No. 20 passed by the City Commission of the City of Pelly on the
18th day of September, 1917, fixing rentals to be paid by gas com-
panies or other persons for the privilege of using and occupying
the streets, easements, alleys, parks and other public ways and
places within the City of Baytown; likewise, this Ordinance shall
be subject to any other ordinance or ordinances hereafter passed by
the city council of the City of Baytown establishing rentals to be
paid by gas companies or other persons for the privileges specified.
This Ordinance is granted subject to the provisions of Article XI
® of the Charter of the City of Baytown entitled "Franchise and Public
Utilities.11
Section 6. The Mayor and City Secretary of the City of
Baytown are hereby authorized and directed to cause a full text of
this Ordinance to be published once each week for four (4) consec-
utive weeks in the official newspaper published in the City of
Baytown, such expense of publication to be borne by the proponent
of the franchise. It is further ordered that the Mayor or City
Clerk cause this ordinance to be -read at three separate regular
meetings of the City Council, but that it shall not be finally passed
until thirty (30) days after the first reading and shall not take
® effect until sixty (60) days after its final passage. It is further
ordered that this Ordinance and the affidavit of the Mayor or the
City Clerk of such publication in the newspaper be recorded and
spread upon the•Record of Ordinances of said city together with the
acceptance of Houston Natural Gas Corporation of this Ordinance.
Upon Grantee filing its acceptance hereof the Franchise and
Ordinance of December 13, 1927, shall be deemed as superseded by this
Ordinance.
INTRODUCED, READ and PASSED at its first reading by a
majority vote of the city council of the City of Baytown on this
0 the 26th day of February, 1948.
ATTEST:
Ch-IA�
City Clerk
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Mayor, City of Baytown
A.
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READ and PASSED at its second reading by a majority vote
of the city council of the city of Baytown on this the 4th day of
March, 1948.
ATTEST
► RW
Baytown Mayor, City of
City Clerk
READ AND PASSED at the final reading of said ordinance by
the affirmative vote of the majority of the members of the city council
of the city of Baytown on this the 6th day of May, 1948.
ATTEST
® City Clerk
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THE STATE OF TEXAS
COUNTY OF HARRIS
I, Grover Jones, Secretary of the Houston
Natural Gas Corporation, hereby certify that the attached
photostatic copy of Ordinance No. 10 is a true and correct
copy of the franchise under which such utility is operated
in the City of Baytown.
Given under my hand and seal of office, this the
7th day of July, A. D., 1948.
f"
Secretary, oust. Natural
Gas Corporat'l
Tóà
STATE OF TEXAS,
COUNTY OF HARRIS:
f"Th i; l Clerk
, City - orct-ar - of
the. City of Baytown, Texas, do hereby certify that the
above and foregoing Ordinance granting a thirty (30) ,
year Franchise to the HOUSTON NATURAL GAS CORPORATION
was passed finally on May 6, 1948, after same had been
read at three separate regular meetings of the City
Council, and after the full text of such Ordinance had
been published once each week for four consecutive weeks;
namely, March 9, March 16, March 23, and March 30, 1948,
in "The Daily Sun, " an official newspaper published in
the City of Baytown; and, that the foregoing Ordinance,
in accordance with Section 117 of Article XI of the Charter,
will take effect sixty (60) days after the date of its
final passage.
` C 6 , TO CITIFY which witness my hand and the seal
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of said City- this the / / - day of May, 1948.
City City of •
Baytown, texas
The above and Poregoig is sworn to and sub-
scribed before me, this the J j - day of May, 1948.
Notary Public in and for -
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Marris County, Texas