Loading...
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 �. --._ 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, ^ -•. 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. .--, FINALLY passed, Council of the City of 29th day of December, ATTEST: --� adopted and approved by the City Paris, at a regular meeting, this the 19 8 8 . - � _ ---. , �#,. ,,-' � ,— �,.' ,�,K.-- � � : �i u- � � Eric S. Cliff d, yor ,� �_� �.. -, � '� , -�, .� ��; Mattie Cunningham, City lerk APPROVED AS FORM: � T. K..Haynes, City Attorney