88-056 ORD AMENDING AND CHANGING ORD NO 2564 BEING A FRANCHISE ORD ENACTED BY COP ON APRIL 13 1981

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�.. ORDINANCE NO. 88-�0 56 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 2564, BEING A FRANCHISE ORDINANCE ENACTED BY THE CITY OF PARIS, LAMAR COUNTY, TEXAS, ON APRIL 13, 1981, 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 PARIS, LAMAR COUNTY, TEXAS"; PROVIDING FOR MODIFICATION OF SECTION 7 AND SECTION 9 IN SAID ORDINANCE, PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY PARIS, 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 7 of the aforesaid captioned franchise ordinance enacted on April 13, 1981, shall be stricken, cancelled and nullified and there shall be substituted in lieu thereof a new provision reading as follows: "SECTION 7. The rights, privileges and franchises granted by this ordinance are not to be considered exclusive, and the City hereby expressly reserves the right to grant, at any time, like privileges, rights and franchises as it may see fit to any other person or corporation for the purpose of furnishing gas for light, heat and power to and for the City and the inhabitants thereof. If any other franchise, permit or consent be given to another person or corporation to sell, deliver, or transport gas within the City, such person or corporation shall not be granted more favorable terms and conditions, including compensation to the City, than are required of Company herein." SECTION 2. As of the effective date of this amendatory ordinance, and upon acceptance by Lone Star Gas Company of the provisions hereof, Section 9 of the aforesaid captioned franchise ordinance enacted on April 13, 1981, shall be stricken, cancelled and nullifiec� and there shall be substituted in lieu thereof a new provision reading as followa: "SECTION 9. Company, its successors and assigns, agrees to pay and City agrees to accept, on or before the 15th day of May, 1989, a sum of money which shall be equivalent to three percent (3%) of the gross receipts rec�ived by Company from the sale of all gas within the corporate limits of said City from January 1, 1989, through March 31, 1989, and for the same period, a sum of money which shall be equivalent to three percent (30) of any fees received by the Company for the transportation of gas to a customer within the corporate limits of the City and three percent (3g) of the customer purchase price of the gas