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
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� 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
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� 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
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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.
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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
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the amendment to the franchise within thirty (30) days after its
final passage.
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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.
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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.
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M A Y O R
ATTEST:
9./' > c ����
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i{����.. •� � =u��,
C'�Secretary
APPROVED AS TO RORM•
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�* City Attorney
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