|
ORDINANCE NO. 2014-68
<br />AN ORDINANCE GRANTING TO CENTERPOINT ENERGY RESOURCES CORP., DBA
<br />CENTERPOINT ENERGY TEXAS GAS OPERATIONS, THE RIGHT, PRIVILEGE AND
<br />FRANCHISE TO CONSTRUCT, INSTALL, EXTEND, REMOVE, REPLACE, ABANDON,
<br />OPERATE AND MAINTAIN ITS FACILITIES WITHIN THE PUBLIC RIGHTS -OF -WAY OF
<br />THE CITY OF SAN MARCOS, TEXAS FOR THE TRANSPORTATION, DELIVERY, SALE
<br />AND DISTRIBUTION OF NATURAL GAS; CONTAINING OTHER PROVISIONS RELATING
<br />TO THE FOREGOING SUBJECT; PROVIDING FOR SEVERABILITY AND PROVIDING AN
<br />EFFECTIVE DATE.
<br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS:
<br />Section 1. GRANT OF AUTHORITY. Subject to the terms, conditions and provisions of this
<br />ordinance, the right, privilege and franchise is hereby granted to CenterPoint Energy Resources Corp.,
<br />DBA CenterPoint Energy Texas Gas Operations, hereinafter called "Company", to construct, install,
<br />extend, remove, replace, abandon, operate and maintain its facilities within the Public Rights -of -Way of
<br />the City of San Marcos, Texas for the transportation, delivery, sale and distribution of natural gas within
<br />the corporate limits of the City of San Marcos, as the same are now and as the same may from time to
<br />time be extended.
<br />Section 2. DEFINITIONS.
<br />A. "City" shall mean the City of San Marcos, Texas, a home -rule municipal corporation.
<br />B. "Company" shall mean CenterPoint Energy Resources Corp., DBA CenterPoint Energy Texas Gas
<br />Operations, a Delaware Corporation, and shall not mean any of its affiliates and subsidiaries who shall
<br />have no right, privilege or franchise granted hereunder.
<br />C. "Facilities" shall mean pipes, pipelines, natural gas mains, laterals, feeders, regulators, meters,
<br />fixtures, connections and attachments and other instrumentalities and appurtenances, used in or incident
<br />to providing transportation, distribution, supply and sales of natural gas for heating, lighting, power and
<br />any other purposes for which natural gas may now or hereafter be used.
<br />D. "Gross Receipts" shall mean all amounts received by the Company from the sale of gas to its
<br />customers within the corporate limits of City that correspond to the Company's tariff charges for (i)
<br />customer charge, (ii) commodity charge, (iii) tax adjustment, and (iv) gas cost adjustment.
<br />E. "Public Rights -of -Way" shall mean the areas in, under, upon, over, across, and along any and all
<br />of the present and future Streets or streams now or hereafter owned or controlled by City.
<br />F. "Street" shall mean the surface and the space above and below any public street, road, highway,
<br />alley, bridge, sidewalk, or other public place or way.
<br />
|