The URL can be used to link to this page

Home My WebLink AboutORD 1977-020 ORDINANCE NO. 77-20 AN ORDINANCE AMENDING ORDINANCE �61-2 SAME BEING THE FRAN�:HISE GRANTED TO LONE STAR GAS COMPANY BY ry - SAID ORDINANCE WHICH WAS PASSED ON MARCH 7, 1961 �. AND BY AMENDING ORDINANCE �74-�45 SAME BEING AN ORDINANCE PASS�D ON FINAL READING JANUARY 7, 1975 WHICH ORDINANCE AMENDED ORDINANCE 61-2 AND THE FRANCHIS� WITH LONE STAR GAS COMPANY BY AMENDING AND CLARIFYING SECTION 9 OF ORDINANCE 61-2 AS AMENDED BY �RDINANCE �74-45 TO PROVIDE THAT 1 1/2°/a OF THE GROSS RECEI�TS RECEIVED BY THE COMPANY FROM THE SALE OF GAS �' : DiRECTLY TO GOVERNMENTAL CONSUMERS AND USERS THAT OWN AND OPERATE A REGIONAL AIRPORT PURSUANT TO ART. 4bD OF TEX. REV. CIV. STAT. ANN. THE OPERATION AND MAINTENANCE OF SAID AIRPORT BEING FINANCED BY AT ' � LEAST SIXN PER-CENT BY FEES GENERATED FROM USERS AND PROVIDED THAT ALL OTHER PROVISIONS OF SECTION 9 REMAIN UNALTERED AND PROVIDING AN EFFECTIVE DATE TO COIN- CIDE WITH THE EFFECTIVE DATE OF ORDINANCE �74-45 AND PROVIDING FOR ACCEPTANCE BY THE COMPANY WiTHIN THIRTY DAYS OF PASSAGE OF SAME. WHEREAS, the City Council passed Ordir�ance �`61-2 on March 7, 1961 which or�linance granted Lone Star Gas Company a franchise pursuanfi to the Grapevine City Charter; and �;, . WHEREAS, by Ordinance �'74-45 the City Council amended Section 9 `�'"`" of Ordinance �61-2 and provided for an increase in the gross receipts charge from 2'/o to 3% and expanded the coverage to cover industrial consumers in addition to domestic and commercial; and WHE�2EAS, c� question of interpretation nas arisen relative to whether certain customers are industrial consumers or governmental users; and WHEREAS, the City desires to amend Ordinance 61-2 and specifically Section 9 as amended by Ordinance �74-�45 to correct and clarify same to reflect that the clarification be effective on January 1, 1975; � NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CIN OF GRAPEVINE, TEXAS: � Section 1 . That Ordinance �61-2 as amended by Ordinance �74-45 section �`9 is hereby amended to read as follows: "Section 9. A. Comp�ny, its successors and assigns, agrees to pay and City agrees to accept on or before the first day of April, 1976, and on or before the same day of each succeeding year during the life of this franchise, up to and including the year 19$7, a sum of money which shall be equivalent to three per- cent (3°l0) or any greater percent than three (3°l0), if authorized and permitted by the LegislaPure of the State of Texas, of the gross receipts received by Company from the sale of gas to its domestic and commercial consumers and industrial consumers within the corporate limits of said City for the preceding calender � year, which annual payment 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. B. Company, its successors and assigns, agrees to pay and City agrees to accept on or before the first day of April, 1976, and on or before the same day of each succeeding year during the life of this franchise, up to and including the year 1987, a sum of money which shall be equivalent to one and one-half percent (1 1/2°l0) of the gross receipts received by Company from the sale of gas directly to governmental consumers and users within the corporate limits that own and operate a regional airport pursuant to Art. 46 D-1 (the Municipa) Airports Act) �:_,� Tex. Rev. Civ. Stat. Ann., and the operation and maintenance of said airport �"'� which is financed by at least sixty per-cent from fees generated from users for the preceding calender year, which annual payment 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. C. Receipts from the sale of gas to al) other governmental users and consumers is excluded from either subsection 'A' or subsection 'B'. Governmental users and consumers are defined as Cities (except as provided in 'B' above) public schools, County Governmenhs, State Government, Federal Government and all branches and subdivisions of said governmental enfiities that are tax- supported institutions. - � ' D. It is also expressly agreed that the aforesaid annual payment shall � - be in lieu of any and all other 4nd additiona) occupation taxes, easement and franchise taxes, or charges (whether levied as an ad valorem, special or other character of tax or charge), in lieu of municipal license and inspection fees, street taxes and srreet or alley rentals or chorges, and all other and 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 rec�l and personal property. Should City not have the legal power to agree that the payment of the foregoing sums of money shdll 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 any such taxes, licenses, charges, fees, rentals, easement or franchise taxes or charges. E. In order to determine the gross receipts received by Company from the sale of gas within the corporate limits of City, Company agrees that on the same date that payments are made as provided in the preceding subsection 'A' and 'B', Section 9, it will file with the City Secretary a sworn report showing the gross receipts received from the sale of gas to the consumers and users covered by subsections 'A' and 'B' within said corporate limits for the calendar '�� year preceding the date of payment. City may, if it sees fifi, have the books �;..�:, and records of Company examined by a representative of said City to ascertain the correctness of the sworn reports agreed .to be filed herein. The payment herein provided shall be for the period January 1 to Decem- ber 31 of the respective year that the payment is made. Section 2. This amendment shall be deemed effective January l, 1975. Section 3. Company shall file its written acceptance of the amendment D.....e T�ren to the franchise within thirty (30) days after its final passage. PASSED AND APPROVED on this the /�' day of _^_��L � 19�on first reoding by the City Council of the City of Grapevine, Texas. PASSED AND APPR4VED on this the �day of �_>�. , � -�� 1977 on Second and Final reading by the City Council of the City of Grape- �`° " vi ne, Texas. / � �� ., ��_ � ._..r.�:%-�,�,�,�.� �: MAYOR ATTEST: . � City Secretary , j L./ APPROVED AS TO FORM: � City Attorney ACCEPTED AND APPROVED BY LONE ! STAR GAS COMPANY �; , �� /�L��Ll^ �I/�LiIYI sL�Y2 G�v) �..ar ,�. . STATE OF TEXAS � X � , COUNTY OF DALLAS X WHEREAS, there was finally passed and approved on May 24, 1977, an ordinance amending and changing Section 9 of a franchise ordinance enacted by the City of Grapevine, Tarrant County, Texas, on March 7, 1961, which is recorded in said Minutes of the City Council of said City; and WHEREAS, Section 3 of said amendatory ordinance provides as follows: • "SECTION 3. Company shall file its written acceptance of this franchise ordinance within thirty (30) days after its final passage." AND, WHEREAS, it is the desire of Lone Star Gas Company, a Division of ENSERCH CORPORATION, the holder of the rights, privileges and grants under �: . the aforesaid amendatory ordinance, to comply with the above-quoted provi- sions of Section 3 thereof. ,�;.. .. NOW, THEREFORE, premises considered, Lone Star Gas Company, a Divi- sion of ENSERCH CORPORATION, acting by and through its duly authorized offi- cers, and within the time prescribed by Section 3 quoted above, does hereby agree to and accept the aforesaid amendatory ordinance, in accordance with its terms, provisions, conditions and requirements, and subject to the stip- ulations and agreements therein contained. WITNESS THE EXECUTION AS OF, this the r��t� day of ��,�,,�,� , 19 7 7. 4 �,:',�:�.:.: ATTF.ST• LONE STAR GAS COMPANY, a Division of � ENSERCH CORPORATION �.,.� i ��/�'�_�d�/� • By %' A�sistiai-�t uorporate Secretary Vice President . � ' STATE OF TEXAS � � "" " COUNTY OF TARRANT X I, Shirley Armstronq , Secretary of the City of Grapevine, Texas, hereby certify that the above and foregoing is a true and correct copy of a formal acceptance of an amendatory franchise ordinance finally passed and approved by said City on May 24, 1977, and of record in the Minutes of the City; and I do further certify that said acceptance has been duly presented to the City Council and filed in con- nection with and as a part of said franchise ordinance. OF WHICH, witness my official signature and the seal of said City on this the 22 day of Jtne , 1977. —�.. � Ci Secretary / City o Grapevine, xas �.,,,, �,.,,