88-056 ORD AMENDING AND CHANGING ORD NO 2564 BEING A FRANCHISE ORD ENACTED BY COP ON APRIL 13 1981�..
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
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transported by the Company into the
corporate limits of the City; with a
like payment for each quarter thereafter
to be made on the 15th day of the second
month following the end of each quarter,
which payment shall be based on the
preceding quarter's gross receipts from
gas sold, transportation fees, and on
the purchase price of transported gas,
and continuing throughout the life of
this franchise up to and including the
year 2006, which 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. It is also expressly
agreed that the aforesaid quarterly
payments shall be in lieu of any and all
other and additional occupation taxes,
easement and franchise taxes, or charges
(whether levied as ad valorem, special
or other character of tax or charge), in
lieu of municipal license and inspection
fees, street taYes and street or alley
rentals or charges, and all 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 tor 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.
In order to determine the gross
receipts received by Company from the
sale of gas within the corporate limits
of City and from the fees received by
the Company for transporting gas to
customers within the Company's lines
into the corporate limits of the City,
and in order to determine the customer
purchase price of all gas transported by
Company into the corporate limits of the
City, Company agrees that on the same
date that payments are made as provided
in the preceding paragraph of this
Section 9, it will file with the City
Clerk a sworn statement showing the
gross receipts received by the Company
from fees for the transportation of gas
within the Company's lines to customers
within the corporate limits of the City,
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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.
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FINALLY passed,
Council of the City of
29th day of December,
ATTEST:
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adopted and approved by the City
Paris, at a regular meeting, this the
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Eric S. Cliff d, yor
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Mattie Cunningham, City lerk
APPROVED AS FORM:
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T. K..Haynes, City Attorney