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HomeMy WebLinkAboutOrdinance 0166-A OFm I Nß,NCE NO ~ lÆ;g //.. . <.' AN ORDINANCE AMENDING AND CHANGiNG ORDINANCE NO. 166 ENACTED BY THE C ¡ TV OF NORTH R IOI·ILAND H! LLS,~ T,AJ?RANT COUNTY, TEXAS, GRAN T ! NO TO LONE STAH GAS COfv1P¡\NY., A CORPORA T! ON" ! TS SUCCESSORS ,l\ND ASS! GNS" A FRANC~'¡! SE TO FURNiSH AND SUPPLY GAS TO THE GENERAL PUBLiC IN THE C! TY OF NORTH R! CHLM~D H ¡ LLS. m~ iT ORDA ¡ NED BY THE C!"TY COUNC! L OF THE C ¡ TY OF NORTH R! CHLAND HILLS: SECTION 1. SECTION 11 OF THAT CERTAIN ORDINANCE No. 1£6, PASSED AND APPROVED ON APRIL. 10., 19f>7, GRANTiNG A FRANCHISE TO LONE STAR GAS COMPANY TO FURNISH AND SUPPLY GAS TO THE GENERAL PUBLIC IN THE CITY OF NORTH RIQKLAND HILLS SHAL.L BE STRICKEN" AND THERE SHALL BE SUBSTITUTED rN L.!EU THEREOF A NEW SEOTION 11 READING AS FOLLOWS: HSECT ION 1 L GOMPAN'r'., ¡ TS SUCCESSORS AND P\SS! (HJS, AGREES TO PAY AND C,TY AGREES TO ACCEPT, ON OR BEFORE THE F j RST DAY OF ,J UNE, /(367, A SUf"1 OF JilONEY \.AiH I CH SHALL 8E EftUA VALENT TO FOUR PEROENT (¿t%) OF THE {~ROSS RECE ¡ PTS RECEiVED 81' COf1PANY FROM THE SALE CF GAS TO !TS DOMESTIO AND COrv¡tv1ERG I Al OONSUMERS \# I TH j r~ THE OORPORATE L ¡ ¡v¡¡ 18 OF SAID CITY DURING THE PRECEDING CALENDAR YE;AR" EXPRESSLY EXCLUDING INDUST~'IAl AND GOVERNMENTAL REOEiPTS. iT IS FURTHER UNDERSTOOD THAT THE PAYMENT PREVIOUSLY MADE PUR- I NG l'jfq 8Y C01>WANY UNDER THE TERfI>1S OF CO!'''iPANY'S PR ¡ OR FRAMCHISE SHALL 8E CREDITED AGAINST THE ABOVE FOUR PER- CENT (4:~,) PAYi"1ENT, AND ONL Y THE NET D ¡ FFE},?ENCE SHALL 8E DUE AND PAYABLE TO CITY. CQNPANY, !TS SUCCESSORS AND ASSIGNS" AGREES TO rAY AND ClTYAGREES TO ACCEPT, ON OR 8EFORE THE 18T DAY OF .J UNE, 1968.~ AND ON OR 8EFORE THE SAME DAY OF EAOH SUCOEED!NG YEAR DURING THE LIFE OF THIS FRANCH1SE, UP TO AND !NOLUDING THE YEAR 1991, A SUM OF MD~£Y WHICH SHALL BE EftU!VALENT TO FOUR PEROENT (4%,) OF THE GROSS RECE ¡ PTS REOE! VED 8Y Cm-1PANY FRm~ THE SALES OF GAS TO ALL ITS OONSUMERS W!THIN THE CORPORATE LINITS OF SAID CITY, INOLUDING BUT NOT L!MITED TO RESI- DENTiAL AND OOMHËRC!AL USES, ¡NDUSTRIAL,~ GOVERNMENTAL AND ¡v¡ UN I C I PAL USES" DUR ¡ NG THE PRECED I NG CALENDAR 'lE 1'=\ R .. SUCH PAYMENTS SHALL BE MADE 8Y COMPANY AND ACCEPTED BY CITY AS FULL PAYMENT FOR CQtI¡PANyfS PRIVILEGES OF USING AND OCCUpy- ING THE STREETS" ALLEYS, HIGHWAYS, EA&EME~TS AND PUBLIC WAYS WITHIN THE C1TY AND OF OTHER FEES CONNECTED WITH THAT USE, SUOH AS RENTALS.~ $UPERVJS¡ON, INSPECTION AND OOCUPA- TION CHARGES IN L.IEU OF LiOENSE AND INSPECTION FEES, STREET A~D ALLEY RENTALS (EXCEPTING ONLY GENERAL OR SPECiAL AD VALOREM TAXES WHrCH THECITY IS AUTHORIZED TO LEVY AND IMPOSE UPON REAL OR PERSONAL PROPERTY OR ANY SALES TAX THAT THE CITY MAY IN THE FUTURE BE AUTHORIZED TO LEVY)~ THE PAYMENT HEREIN PROVIDED SHALL BE FOR THE TWELVE (12) MONTHS PRECED!NG JUNE 1, OF THE YEAR IN ìrJHI CM PAYMENT I S MADE. "iN ORDER TO DETERMINE THE GROSS RECEIPTS RECEIVED BY COMPANY FROM THE SALE OF GAS WITH!N THE CORPORATE LIMITS OF CITY" COMPANY AGREES THAT ON THE sAME DATE THAT PAYMENTS ARE ~~ADE AS PROV I OED I N THE PREOED! NG PARAGRAPH, THAT iT \dILL FILE W!TH CITV SECRETARY A$ltJORN REPORT SHOWING THE GROSS RECEIPTS RECE!VED FROM THE SALE OF GAS TO ITS CUSToMERS WITHIN SA!D CORPORATE LIMITS FOR THE CALENDAR YEAR FR ECEDI NG THE DATE OF PAYMENT.. CITY fV¡AY, iF IT SEES FIT" HAVE THE SOOKS AND RECORDS OF SA!D COMPANY EXAMINED BY REPRE&ENTATIVES OF CITY TO ASCERTAIN THE CORRECTNESS OF THE SWORN REPORTS AGREED TO BE FILED HEREiN.." SECTION 2. EXCEPT AS HEREINABOVE CHANGED AND AMENDED" THE TERMS, PROVISIONS, COND!T!ONS AND RE~U!REMENTS OF THE AFORESAID FRANCH!SE ORDIN~NCE,AS ENAC~ED ON APRIL 10, 1967, SHALL REMA!N !N FULL FORCE AND EFFECT. SECTION 3.. COMPANY SHALL. FiLE ITS WRITTEN ACOEPTANCE OF TH! S FRANCH I SS Af1ENDMENT I¡J! TH j N SiX TV (60) DAYS AFTER iTS PASSAGE AND APPROVAL. PASSED AND APPROVED ON THIS THE 22 DAY OF MAY, A¥D. 1 gf¡7 $ , I f\ 'TiES T: ~~ /) /~ ~ . ". : ¿ "..,if'7:${ ./., ,.,r~~^^")~.'.. .......~...f,A#Z."'//'jf" '7qktÆ-'~ _~. \~~.....~. ......... ¿ "C¡"fy S¡;: ORET AR Y riA Y 0 R CITY OF NORTH R!CHLAND HilLS, TEXAS -2- ST!\ TE OF TEXAS COUNTY OF TAHRMn' I, EVALYN R. REED , SECRETARY OF THE CITY OF NORTH R¡CHlAND HIl.l.S, TARRANT COUNTY, TEXAS" DO HEREBY CERTIFY THAT THE A80VE AND FOREGOING IS A TRUE AND CORRECT COPY OF AN ORDINANCE PASSED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS AT A RE;GULAR SESS ION HELD ON THE 22 DAY OF fIlÌAY, 19Eq, AS I T APPEARS OF RECORD IN THE MINUTES OF SAID COUNCIL IN BOOK V! I, PAGE 599 ~1AY \r~ I T i\i[ ~~~) t" 09 1')°7 ~ ["1"( HÞ.ND AND SEAL. OF SP" 10 Ç.J-1Y, THE THE 23 DAY OF ./'¿ - ,/'''\ L" "..., /7 .// ./' ~~S:::' . .l-.l>/ z~~"'/' ,// C/...,..:~~~l~{~..~~~.¿~ ET;.,;~Ji>~~ I.. CITY 0 F No R T H R I C H LAN D H ¡ L L S , TEXAS -3-