HomeMy WebLinkAboutORD 1994-104 ORDINANCE NO. 94-104
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
- GRAPEVINE, TEXAS AMENDING AND MODIFYING
ORDINANCE NO. 86-05, PASSED AND APPROVED BY THE
CITY COUNCIL OF THE CITY OF GRAPEVINE ON
FEBRUARY 4, 1986, WHICH GRANTED A FRANCHISE TO
LONE STAR GAS COMPANY TO FURNISH AND SUPPLY
GAS TO THE GENERAL PUBLIC IN THE CITY OF
GRAPEVINE, PROVIDING FOR THE AMENDMENT OF
SECTION 9 DEALING WITH THE COMPENSATION TO BE
PAID TO THE CITY PURSUANT TO THE ORDINANCE AND;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Lone Star Gas Company (Company) filed its Statement of Intent to
change residential and commercial rates on May 11, 1994, and;
WHEREAS, Lone Star Gas Company consolidated the Grapevine Distribution
System into the Mid-Cities Distribution System, and;
" WHEREAS, Lone Star Gas Company is interested in consolidating all rates in the
Mid-Cities Distribution System into one rate plan, and;
�. .,
WHEREAS, the City of Grapevine (the City) supports Lone Star Gas Company's
intent to use one rate plan in the twelve city distribution system, and;
WHEREAS, this requires the City of Grapevine to modify its franchise fee
structure.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
Section 1 : That section 9 of Ordinance 86-05 is hereby amended by deleting
paragraph A of Section 9 and substituting the following therefor:
"Section 9. A. Company, its successors and assigns, agrees to pay, and
the City agrees to accept on or before the fifteenth day of February,
1995, a sum of money which shall be equivalent to the sum of (i) three
, percent (3%) of gross receipts received by the Company from the sale
of gas to its domestic and commercial consumers and industrial
consumers within the corporate limits of said City from October 1, 1994
�, .w through and including October 20, 1994, and (ii) four percent (4%) of
gross receipts received by the Company from the sale of gas to its
domestic and commercial consumers and industrial consumers within �he
corporate limits of said City from October 20, 1994 through and
` including December 31, 1994. Such payment shall be for the rights
granted in this ordinance for the time period from January 1 , 1995
�..,�
through and including March 31, 1995.
Company, its successors and assigns, agree to pay and City agrees to
accept, on or before the fifteenth day of May, 1995, and on or before
the fifteenth day of the second month following the end of each calendar
quarter during the remaining term of this franchise (May 15, August 15,
November 15, and February 15) the last payment being made on or
before the 15th day of February, 2007, a sum of money which shall be
equivalent to four percent (4%) 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 calendar quarter, which quarterly 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."
Section 2: That section 9 of Ordinance 86-05 is hereby amended by deleting
paragraph 6 of Section 9 and substituting the following therefor:
�° ° "Section 9. B. Company, its successors and assigns, agrees to pay, and
City agrees to accept on or before the fifteenth day of February, 1995,
�,,,� a sum of money which shall be equivalent to the sum of (i) one and one
half percent (1 .5%) of gross receipts received by the Company from the
sale of gas directly to governmental consumers and users within the
corporate limits of said City that own and operate a regional airport
pursuant to Art. 46d-1 (the Municipal Airports Act)
Tex.Rev.Civ.Stat.Ann., and the operation and maintenance of said
airport which is financed by at least sixty percent from fees generated
from users from October 1, 1994 through and including October 20,
1994, and (ii) two percent (2%) of gross receipts received by the
Company from the sale of �ss directly to governmental consumers and
users within the corporate limits of said City that own and operate a
regional airport pursuant to Art. 46d-1 (the Municipal Airports Act)
Tex.Rev.Civ.Stat.Ann., and the operation and maintenance of said
airport which is financed by at least sixty percent from fees generated
from users from October 20, 1994 through and including December 31,
1994. Such payment shall be for the rights granted in this ordinance for
the time period from January 1, 1995 through and including March 31,
1995.
� ,.
Company, its successors and assigns, agrees to pay and City agrees to
accept on or before the fifteenth day of May, 1995, and on or before the
�, ,� fifteenth day of the second month following the end of each calendar
quarter during the remaining term of this franchise (May 15, August 15,
ORD. N0. 94-104 2
November 15, and February 15) the last payment being made on or
before the 15th day of February 2007, a sum of money which shall be
equivalent to two percent (2%) of the gross receipts received by
* , Company from the sale of gas directly to governmental consumers and
users within the corporate limits of said City that own and operate a
regional airport pursuant to Art. 46d-1 (the Municipal Airports Act)
Tex.Rev.Civ.Stat.Ann., and the operation and maintenance of said
airport which is financed by at least sixty percent from fees generated
from users for the preceding calendar quarter, which quarterly 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."
Section 3. Except as heretofore and hereinabove changed and amended, the
term, provisions, conditions, and requirements of the aforesaid ordinance shall remain
in full force and effect.
Section 4. Lone Star Gas Company shall accept this franchise ordinance within
30 days of its final passage and approval by said City.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on first reading on this �8th day of October , 1994.
<- PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS ON second and final reading on this the sth day of
December , 1994.
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ORD. N0. 94-104 3
APPROVED:
�.:� —
illiam D. Tate
Mayor
ATTEST:
Li a uff
City Secretary
APPROVED AS TO FORM:
;;:;--;`r`__- —
�
John F. Boyle, Jr.
City Attorney
' . -
�a .�,
LONE STAR G!#S COMPANY `�-�``"
71TLE: �=>a..-„_ :�� r�:'..• o;�-
DATE OF ACCEPTANCE: «, `, '�<' : �
� ..
ORD. N0. 94-104 4