HomeMy WebLinkAbout306 09-12-1967ORDINANCE NO. 306
AN ORDINANCE MENDING AND CHANGING FRANCHISE ORDINANCE
NO. 18 ENACTED BY THE CITY OF EULESS, TARRANT COUNTY,
TEXAS, ON DECEMBER 7, 1953, OF RECORD IN THE MINUTES
OF THE CITY COUNCIL, BOOK 1, PAGES 34, 35 and 36, AND
BEING STYLED, "AN ORDINANCE GRANTINIG TO LONE STAR GAS
COMPANY, A CORPORATION, ITS SUCCESSORS AND ASSIGNS, A
FRANCHISE TO FURNISH AND SUPPLY GAS TO THE GENERAL
PUBLIC IN THE VILLAGE OF EULESS, TARRANT COUNTY, TEXAS,
AND THE EPIVIROF�S THEREOF; 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 CF
OTHER FEES AND CHARGES, EXCEPTING AD VALOREM TAXES. ",
SO AS TO STRIKE THEREFROM SECTION 3 AND SUBSTITUTE IN
LIEU THEREOF A NEW SECTION 8 PROVIDING FOR THE PAYMENT
OF A CERTA H-1 RENTAL, FEE OR CHARGE BY LONE STAR GAS
COMPANY, ITS SUCCESSORS AND ASSIGNS, FOR THE USE OF
THE STREETS, ALLEYS AND PUBLIC MAYS OF THE CITY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS:
SECTION 1.
From and after the effective date of this amendatory ordinance, and
upon acceptance by Lone Star Gas Company of the provisions hereof, Section R
of the aforesaid franchise ordinance enacted on December 7, 1953, shall be
stricken, and there shall be substituted in lieu thereof a new Section v
reading as follows:
"SECTION 8. Company, its successors and assigns,
agrees to pay and City agrees to accept, on or before
the 1st day of April, 1968, and on or before the same
day of each succeeding year during the life of this
franchise, up to and including the year 1989, a sum of
money which shall be equivalent to four per cent (4 /.)
of the gross receipts received by Company from the sale
of gas to its consumers within the corporate limits of
said City for the preceding calendar year, which annual
payment shall be for the rights and privileges herein
granted to Company, including expressly the right to use
the streets, alleys and public ways of said City, which
annual payment is fixed and determined to be the reason-
able, adequate and complete compensation for all the
rights and privileges herein granted. And it is also
expressly agreed that the aforesaid annual payment shall
be in lieu of any and all other and additional occupa-
tion taxes, easement and franchise taxes or charges
(whether levied as an ad valorem, special or other char-
acter 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 additional municipal taxes,
charges, levies, fees and rentals of whatsoever kind and
character which City may impose or hereafter be author-
ized to levy and collect, exceptin; 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, ease-
ment 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 within the corporate limits
of City, Company agrees that on the same date that pay-
ments are made as provided in the preceding paragraph of
this Section 8, it will file with the City Clerk a sworn
report showing the gross receipts received from the sale
of gas to its 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 ex-
amined 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 ist to December 31st of the respective year that
the payment is made."
SECTION H.
Except as hereinabove changed and amended, the terms, provisions,
conditions and requirements of the aforesaid franchise ordinance, as enacted
on December 7, 1953, shall remain in full force and effect.
SECTION M.
This ordinance shall become effective if Company files its written
acceptance of the provisions of this ordinance within sixty (60) days after
Its final passage and approval by this City, and upon acceptance the provisions
hereof shall be binding upon City and Company, its successors and assigns.
PRESENTED and given First Reading on the 22nd day of August ,
1967, at a Regular Meeting of the City Council of the City of Euless, Texas;
and given Second Reading, passed and approved on the 12th day of September ,
1967, by a vote of 5 ayes and 0 nays at a Regular Meeting of the
C;cy Comm.) of the City of Euless, Texas.
APPROVED:
ATTEST:
� - C
City Secretary
APPROVED AS TO FORM*
,I V
City Attorney
MAYOR