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95-027 ORD AMENDING AND MODIFYING ORDINANCE NO 2564 FINALLY PASSED AND APPROVED BY CITY COUNCIL ON APRIL 13, 1981 95-027 ORDINANCE NO. AN ORDINANCE AMENDING AND MODIFYING ORDINANCE NO. 2564 FINALLY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF PARIS ON APRIL 13, 1981, AS AMENDED BY ORDINANCE NO. 93-021 FINALLY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF PARIS ON MAY 17, 1993, WHICH GRANTED A FRANCHISE TO LONE STAR GAS COMPANY TO FURNISH AND SUPPLY GAS TO THE GEN DEALING WITH THETERM OF THE FRANCHISE; THE AMENDMENT OF SECTON PROVIDING FOR THE AMENDMENT OF SECTION 5 DEALING WITH THE EXTENSION OF MAINS; P ATION TO BE PAID TO THEECIT PURSUANT TO DEALING WITH THE COMPENS THE ORDINANCE AND; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS: SECTION 1. That Section 1 of Ordinance No. 2564 is hereby amended by deleting the Section in its entirety and substituting the following therefor: "Section 1. That the City of Paris, Paris, Texas, hereinafter called "CITY", hereby grants to Lone Star Gas Company, a division of ENSERCH Corporation, a Texas Corporation, hereinafter called "COMPANY", its successors and assigns, consent to use and occupy the present and future streets, alleys, highways, public places, public thoroughfares and grounds of CI'TY for the purpose of laying, maintaining, constructing operating and replacing therein and thereon pipelines and all other appurtenant equipment needed and necessary to deliver and sell gas to persons, firms and corporations, including all the general public, within the CITY'S corporate limits and the environs thereof, said consent being granted for a term expiring on April 13, 2015." SECTION 2. That Section 5 of Ordinance No. 2564 is hereby amended by deleting the Section in its entirety and substituting the following therefor: "Section 5. COMPANY shall be required to extend distribution mains in any public right-of-way up to one hundred feet (100') for any one residential customer only if such customer, at a minimum, uses gas for unsupplemented space heating and water . • . r..,.... "Section 9. COMPANY, its successors and assigns, agree to pay and CITY agrees to accept on or before the 15th day of August, 1995, a sum of money which shall be equivalent to three percent (3%) of the sum of (i) the gross receipts received by COMPANY from the sale of gas within the corporate limits of said CITY, regardless of the ultimate use of such gas, including compressed natural gas, hereinafter referred to as "CNG", (ii) the fees received by COMPANY for the transportation of gas to a customer within the corporate limits of the CITY, and (iii) the customer purchase price of the gas transported by COMPANY into the corporate limits of the CITY, all based on the preceding calendar quarter's gross receipts. COMPANY, its successors and assigns, agree to pay and CITY agrees to accept on or before the 15th day of November, 1995, and thereafter, on or before the 15th day of the second month following the end of each calendar quarter during the life of this franchise up to and including the May 15, 2015, quarterly payment, a sum of money which shall be equivalent to four percent (4%) of the sum of (1) the gross receipts received by COMPANY from the sale of gas within the corporate limits of said CITY, regardless of the ultimate use of such gas, including CNG, (ii) the fees received by COMPANY for the transportation of gas to a customer within the corporate limits of the CITY, and (iii) the customer purchase price of the gas transported by COMPANY into the corporate limits of the CITY, all based on the preceding calendar quarter's gross receipts. The quarterly payments shall be for the rights and privileges herein granted to COMPANY including expressly, without limitation, the right to use the streets, alleys and public ways of said CITY. The May 15, 2015, quarterly payment shall be based on the period from January 1, 2015 through April 13, 2015. The May, August and November quarterly payments shall be for the calendar year in which payment is made. The February payment shall be for the quarter ending December 31 st of the previous year, and the May 15, 2015 quarterly payment shall be for the rights and privileges other additional municipal taxes, charges, levies, fees and rentals of whatsoever kind and character which CITY may impose or hereafter be authorized to levy and collect, excepting only the usual general or special ad valorem taxes, which CITY is authorized to levy and impose upon real and personal property and charges for repair and damage caused by COMPANY in using the streets, alleys, public ways and public properties. Should CITY not have the legal power to agree that the payment of the foregoing sums of money shall be in lieu of taxes, licenses, fees, street or alley rentals or charges, easement or franchise taxes or charges aforesaid, then CITY agrees that it will apply so much of said sums of money paid as may be necessary to satisfy COMPANY'S obligations, if any, to pay such taxes, licenses, charges, fees, rentals, easement, or franchise taxes or charges." SECTION 4. Except as heretofore and hereinabove changed and amended, the terms provisions, conditions, and requirements of the aforesaid Franchise Ordinance No. 2564 shall remain in full force and effect. SECTION 5. This amendatory ordinance shall become effective sixty days after third and final reading at three separate regular meetings of the city Council of the City of Paris, the last of which shall take place not less than thirty (30) days from the first if the Company files its written acceptance of the provisions of this amendatory ordinance within sixty (60) days after its final passage and approval. PASSED AND APPROVED on first reading this 12th day of June, A.D., 1995. PASSED AND APPROVED on second reading this lOth day of July, A.D., 1995. PASSED AND ADOPTED on third and final reading this 14th day of August, A.D. 1995. Eric S. Clif r , A'FZ,EST: