The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-08-26
NDW GAS CONTRACT.


B city council MOno4y ovepiuBs euu vn'''
win come up for ANAL scticn next Monday
Where's, The Houston Gas Light com
p~ny was created by special act OF IN
legislature Of the State Of Texas, approves
4 September 5. 1866; and,
1865. the city council OF the city OF Hous
ton passed an ordinance reading substan-
tally - follows. to-wit:
"Ba It ordained by the mayor and alder
men Of the city OF Houston In council as
sembied. That tho Houston Gas Light
company has the consent Of the corporation
Of tho city Of Houston to Immediately pro-
cecd TO erect their works and lay their
pipes within the limits Of the city In &C.
cordance with the provisions OF their act
Of Incorporation, the city council reserv-
ing the right TO control the location OF the
gasomeier;'' and,
Whereas. In pursuance OF It's charter and
the ordinances OF the city Of Houston, the
Gas company promptly constructed It's
plant and hes continuously since that time
used the streets and avenues OF the city OF
Houston for the purpose OF carrying out
the purposes for which 1t was incorporated,
and.
Whereas, Afterwards. In July, 1891, the
Houston Gas Light company. through It's
stockholders and directors, by proper reso-
luton, accepted the provisions OF title 20
OF the Revised Statutes OF the State OF
Texas, as provided by article 5sS tSayles
statutes). article 664, statutes OF 1896. and
at or about the same time, through proper
corporate action, extended It's corporate
life by amending It's articles OF incorpora-
tim. az contemplated by article 647 OF the
Revised Statutes OF 1895, and,
Whereas, The Houston Gas Light COM
rany contends and claims that by reason
OF the corporate action through It's stock
holders and directors, az heroinbefore
stated, Its act OF Incorporation and Its
corporate life have been extended at least
nifty years from September 8. 1866, II not
indefinitely. and further contends and
claims that under its extended charter and
the ordinances Of the city Of Houston. the
said city Of Houston has no right to inter-
Zero with said company IN tho use OF the
streets Of said city for the operation and
maintenance OF it's plant, and no right TO
control the price which said Gas com
pnny shall charge for gas and
Whereas. The city OF Houston. on the
cont ary contends and claims that the right
!. ID franchise Of the Gas company to use
an '-eupy the streets OF the city Of Iious-
ton under the ordinances OF the city has
expired; and
Whereas, The Union Trust company of
New York and other stockholders of the
Houston Gas Light company have filed in
the circuit court OF the United States for
the Eastern district of Texas at Galveston
suit styled the Union Trust company OF
New York ct al VS., City of Houston ct al
No. -, on the docket Of said court. In
which said suit the complainants pray for
nm injunction restraining and cnjoining
dald city OF Houston from interfering with
said Houston Gas Light company In the
anti mt 81 f-at al al
right 10 occupy and use the streets OF the
CITY OF Houston In which preliminary
Injunction has been granted and Ia now Ia
force and effect: aud.
Whereas. The Houston Gas hight COM
pany and the city OF Houston have agreed
to compromise. adjust aud ssttie, and have
compromised. adjusted and settled all OF
the differences between said Houston Gas
Light company and the city OF Houston. az
hereinbefore stated. the termsS,pf which
said settlement are embraced M the fol-
lowing ordnance OF the city Of Houston:
BE 1t ordained by the city council OF the
city OF Houston:
Section l. That tho Houston Gas Light
company OF Houston, Texas. It's diroctors
and stockholders, their successors and as.
signs, are hereby granted the right, prlyi-
iege and franchise OF maintaining. operat-
dng and extending from time to time their
plant and pipeagc system now owned. used
ana operated by them In the streets, lanes
and thoroushfares of the city OF Houston
upon the condition and stipulatons hcreln
set forth
Sec, 2. The said Houston Gas Lirh, com
pany and Its directors, aud stockholders
ana their successors and assigns shalt
nave the right, In their discretion to ex-
TEND, replace and repair their nipeage sys-
lem now In use upon their reatorlng the
streets upon which the pipes are extended
replaced or repaired In as good condition
as before, the Gas Light company, lis al-
rec'ors aud stockholders and their sue
cessors and assigns being required, before
doing any such work on the strects 10 f,rst
notify the city engineer, and tho work OF
repairing soid streets SO egcayated TO be
Done under the supervision of the city en-
kiheer. To this end, the city of Houston
hereby grants and conccdes to said HIous-
ION Sas Light company. Its directors and
stockholders and their successors md as-
signs. the right aud privilege to enter
upon any and all streets, squares. marks
lanes and alleys Of the city Of Houston and
70 cross any stream or streams under tho
cohttoi OF said city. and to lay its pipcs
ana mains In, upon over, across and along
any and all streets, squares. marks ,anes
ana alleys, aud over and across any stream
,or streams, bridge or bridges owned or con.
,troiied by said city. and to maintain ana
Operate It's mains and pipes In ,,uou oyer
across and along any and all OF said streets
squares, parks, lanes and alleys In the rItv
Pf houston. and over and across any stream
or streams, bridge or bridges owned or
controlled by said city, to take m nave
ments or sidewalks In or on said strcsts
squares and parks. and to make such ex-
cavations therein ms may be necessary Ia
lake up. lay repair. replace, operate and
.piAintatn their pipes In. upon over, across
hnu along said streets squares parks. lanes
shiieys or across said streams and over sn,s
bridges; provided, said pavcments on said
Ftreets. squares. parks. lanes, alleys or
,sidewalks shall be taken up and said o.
savations made In such manner as Ia give
ne least Inconvenience to the inhabltan,s
~ said city, and all said work TO be done
with all convenient speed
n Sec. ,. Tho said Gas company Ito Al.
fcciors and stockholders and their success
ssors ard assigns to extend their pIpes from
lime 70 time as the city council shall d.
nAnd upon the showing to tho council thai
In average OF two new corsumcrs Of rrs
}pr every three hundred (so0) feet OF new
lxtension agree to take and use gas on
>urh extension. -
i Sec. 4. The Houston Gas Light company
~ directors and stockholders and their
Isneee1sors and assigns to supply Ras To
Pq9mers At rate not TO exceed one dali
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