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

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^ -•. and from the sale of all gas within said corporate limits, and will include the customer purchase price of all gas transported by the Company into the corporate limits of the City, for the calendar quarter preceding the date of payment. City may, if it sees fit, have the books and records of the Company examined by a representative of said City to ascertain the correctness of the sworn reports agreed to be filed herein. Company agrees to increase the payment required under this Article to a percentage equal to the percentage paid by Texas Power & Light Division of Texas Utilities in the event that the same is more than three percent (30). In order to determine the charge for the use of the streets and alleys, City shall have the right to be notified prior to execution of a contract with a customer for the transportation of gas to that customer within the corporate limits of the City, which information shall be confidential and not disclosed by the City. Each transportation customer of the Company shall disclose to the Company the purchase price of the transported gas subject to this franchise fee. If the transportation customer refuses to disclose the purchase price of transported gas, so that the fee cannot be accurately calculated and collected from the customer, then the Company shall not be obligated to pay the gross receipts fee on the purchase price of such transported gas." SECTION 3. The terms and provision of this amendatory ordinance shall be deemed to be severable, and if the validity of any section, sentence, clause or phrase of this amendatory ordinance should be declared to be invalid, the same shall not affect the validity of any other section, sentence, clause or phrase of this amendatory ordinance. SECTION 4. Except as heretofore and hereinabove changed and amended, the terms, provisions conditions and requirements of the aforesaid franchise ordinance shall remain in full force and effect. SECTIOIVT 5. This amendatory ordinance shall become effective as of February 27, 1989, if the Company files its written acceptance of the provisions of this ordinance within 60 days after its final passage and approval by this City and upon acceptance, the provisions hereof shall be binding upon City and the Company, their successors and assigns. INTRODUCED AND READ at a regular meeting of the City Council of the City of Paris at the Council Chambers thereof on the lOth day of November, 1988; read at a regular meeting of the City Council of the City of Paris at the Council Chambers thereof on the 14th day of November, 1988; and third and final reading at a regular meeting of the City Council of the City of Paris at the Council Chambers thereof on the 29th day of December, 1988, the last reading being not less than thirty (30) days from the first.