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HomeMy WebLinkAboutORD 1974-045 ' . t ORDINANCE NO. ���- _�5 AN ORDINANCE AMENDING ORDINANCE NO. 61-2, SA.ME BEING "AN ORDINANCE GR,ANTING 1�0 IANE STAR GAS • COMPANY, A CORPORATION, ITS SUCCESSORS AND ASSIGNS, A FR.ANCHISE TO FURNISH AND SUPPLY GAS TO THE GENERAL �_� � PUBLIC ZN THE CITY OF GR�IPEVINE, TARRANT COUNTY, �,..:;„ TEXAS, AND THE ENVIRONS THERFAF, FIXING R.ATES AND ' CHARGES FOR NATURAL GAS AND NATURAL GAS SERVICE; PROVIDING FOR THE PAYMENT OF A FEE OR CHARGE FOR THE USE OF THE STREETS , ALLEYS AND PUBLIC WAYS, AND PROVIDING THAT IT SHALL BE IN LIEU OF OTHER FEES AND CHARGES, EXCEPTING AD VALAREM TAXES. " SAME BEING THE FFZEINCHISE GR�INTED TO IANE STAR GAS COMPANY BY SAID ORDINANCE WHICH WAS PASSED ON MARCH 7, 1961, BY AMENDING SECTION 9 TO INCREASE THE CHARGES ON GROSS RECEIPTS FROM 2% TO 3% AND TO INCLUDE INDUSTRIAL CONSUMERS IN THE COMPUTATION OF ., < � SAID GROSS RECEIPTS CHARGE; PROVIDING THAT SAID ��".a AMENDMENT SHALL BE EFFECTIVE AS OF' JAN. 1, 1975 � AND PROVIDING FOR ACCEPTANCE BY THE COMPANY WITHIN THIRTY (30) DAYS OF PASSAGE OF SAME. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: SECTION 1. That Ordinance No. 61-2, Section #9 is hereby amended to read as follows: ��SECTION 9. Company, its successors and assigns, agrees to pay and City agrees to accept on or before the first day of April , 19 76 , and on or before the same day of each succeeding year during t2ze life of this f ranchise, up to and including the year 1987� a sum of money which shall be equiva- lent to three percent (3%) or any greater percent than three "�'``� (3 0) , if authorized and permitted by the Legislature of the State r 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 (expressly excluding, however, receipt derived from sales to governmental users and consumers in 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. And it is also expressly agreed that the aforesaid annual pay- ment shall be in lieu of any and all other and additional 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 street or alley rentals or charges, and all other and additonal municipal taxes , charges, levies, fees and rentals 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 real and personal property. 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 any 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 (expressly excluding the sales of gas to governmental consumers) within the corporate limits of 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 report showing the gross receipts received f rom the sale of gas to its domestic consumers and in- dustrial consumers within said corporate limits for the calendar year preceding the date of payment. City may, if it sees fit, 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. �� Receipts from sales to governmental users or consumers shall include all those receipts clerived from the sale of gas to federal, i " state, county or city governments or branches and subdivisions thereof, school districts or other similar districts, it being the intention to include within the term "governmental" users and consumers , all tax-supported institutions owned or operated directly or indirectly by said governments and branches or sub- divisions thereof, such as schools, colleges , hospitals, elemosynary institutions, army or training camps, airports , courthouse, city hall and other institutions of like or similar kind and character. The payment herein provided shall be for the period January 1 to December 31 of the respective year that the payment is made. SECTION 2. This amendment shall become effective January l, 1975. SECTION 3. Company shall file its written acceptance of �:.� the amendment to the franchise within thirty (30) days after its final passage. �,>"� PASSED AND APPROVED on this the /�� day of j�«<:�.3�h , 1974, on first reading by the City Council of the City of Grapevine, Texas. �_� PASSED AND APPROVED on this the � day of .T�+:`"'�`�%' , .�,.��� 197 � , on Second and Final reading by the City Council of the City of Grapevine, Texas. � \} a: 9 � � ' ` �a •� �J ��. M A Y O R ATTEST: 9./' > c ���� .� i{����.. •� � =u��, C'�Secretary APPROVED AS TO RORM• � �* City Attorney � ��3� �>�