HomeMy WebLinkAbout1996-2201 - Ordinance - 08/29/1996ORDINANCE NO. 220,.1
AN ORDINANCE AMENDING SECTION 9 OF ORDINANCE NO. 1122, AN ORDI-
NANCE WHICH GRANTS TO LONE STAR GAS COMPANY, A DIVISION OF
ENSERCH CORPORATION, A TEXAS CORPORATION, ITS SUCCESSORS AND
ASSIGNS, A FRANCHISE TO FURNISH AND SUPPLY GAS TO THE GENERAL
PUBLIC IN THE CITY OF COLLEGE STATION, BRAZES COUNTY, TEXAS, FOR
THE TRANSPORTING, DELIVERY, SALE, AND DISTRIBUTION OF GAS IN, OUT
OF, AND THROUGH SAID MUNICIPALITY FOR ALL PURPOSES, BY INCREAS-
ING THE FEE OR CHARGE FOR THE USE OF THE STREETS, ALLEYS, AND
PUBLIC WAYS WITHIN THE CITY OF COLLEGE STATION, TEXAS.
WHE~AS, Lone Star Gas Company, a Division of Enserch Corporation, is the holder of a
franchise to distribute natural gas within the municipal limits of the City of College Station,
Texas; and
WHEREAS, the City of College Station City Council agreed to approve the implementation
of the weather normalization clause in exchange for Lone Star Gas Company's agreement
to increase the franchise fee from two percent (2%) to three percent (3%);
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEGE STATION, TEXAS:
That Section 9 of Ordimmce No. 1122 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 1st day of April, 1997, a sum of money which shall be equivalent to
the sum of a) two l~.rcent (2%) of the gross receipts received by Company from the sale of
gas to its residential and commercial consumers within the corporate limits of said City
(expressly excluding, however, receipts derived from sales to industrial and governmental
users and consumers in said City) from January 1, 1996, through the effective date of this
ordinance, and b) three percent (3%) of the gross receipts received by Company from the
sale of gas to its residential and commercial consumers within the corporate limits of said
City (expressly excluding, however, receipts derived from sales to industrial and govern-
mental users and consumers in said City) from the effective date of this ordinance through
December 31, 1996. Company, its successors and assigns, agrees to pay and City agrees to
accept, on or before the 1st day of April, 1998, and on or before the same day of each
succeeding year during the life of this franchise, up to and including the year 2003, a sum of
money which shall be equivalent to three percent (3%) of the gross receipts received by
Company fi'om the sale of gas to its residential and commercial consumers w~thin the corpo-
rate limits of said City (expressly excluding, however, receipts derived from sales to indus-
trial and governmental users and consumers in said City) for the preceding calendar year.
Such annual payments 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.
J~2 ~7/96une96/l°nas£d°~
Ordinance No. 220.~ Page 2
In order to determine the gross receipts received by Company from the sale of gas
(expressly excluding the sale of gas to industrial and governmental consumers) within the
corporate limits of said 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 from the sale of gas to its residen-
tial and commercial consumers within said corporate limits for the calendar year preceding
the date of payment. City may, if it sees fit, have the hooks and records of Company exarn-
nned by a representative of said City to ascemtin the correctne~ of the sworn reports agreed
to be filed herein. Receipts from sales to governmental users or consumers shah include ali
those receipts derived from the sale of gas to federal, 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 seid governments and branches or
subdivisions thereof, such as schools, colleges, hospitals, eleemosynary institutions, army or
training camps, airports, courthouses, city halls, and other institutions of like or similar kind
and character.
'Industrial users or consumers,' as herein used, are those generally and commonly classified
as such by Company.
The payment herein provided shah he for the period January I to December 31 of the
respective year that the payment is made."
All other provisions of Ordinance No. 1122 shall remain in full force and effect."
ACCEPTANCE OF TERMS OF FRANCHISE
Company shall file its written acceptance of this franchise ordinance amendment with the
City Secretary within sixty (60) days after its final passage and approval by City. Upon the
sixty-first (61st) day after the third and final reading, the franchise may take effect pursuant
to City Charter Section 120.
ORDINANCE PASSED AT OPEN MEETINGS
It is hereby found and determined that the meetings at which this ordinance was passed
were open to the public, as required by Article 6252-17 V.A.T.C.S., and that advance
public notice ofthe time, place, and purpose of said meetings was given.
8/27/96
Ordinance No. 220,~ Page 3
PASSED, ADOPTED and APPROVED this 29th day of August, 1996.
APPROVED:
ATTEST:
- LYIIN McILHANEY, Mayo~
First Consideration and Approval:
July 11, 1996
Second Consideration and Approval:
August 8, 1996
Third Consideration and Approval:
August 29, 1996
8/27/96