The URL can be used to link to this page

Home My WebLink AboutOrdinance - 664-1941 - Amend Ordinance 479-A. - 03/17/1941""' . ~-~----- ) .I • • f • ORDINANCE NO. M 0 9-fT--1941 0'".3-2'":f' -1.94-[ AN amiNAN<Z TO .A1END ORDINANCE NO. 479-A PASSBD BY THE CITY OF LUBBOCK, 'IZXAS, ON THB 22nd DAY OF 1.ANO'ARY, A. D. 1931, ~ING TO WEST 'lSlCAS GAS OOMPA.NY, A CCR:FaU\TION, rr:;l succz.sscas AND ASSIGNS , A GAS liRANcm:sB FOR 'mB RJRF<:6B OF CONDOOl'ING m SAlD CITY A BUSIRISS OF FmN:IBHING NA.TtBAL GAS TO THE CITY ..AND TEE INHABITANl'S TBIRSOF: SAID ORDI ... NAN<ll BEING .uBNIBD BY .AMBNDING SECTION l TBIRBaF SO AS TO .mt'lmm THE T£RJ4 OF SAID FRANCHISB FOR A lBRIOD OF FIVB mARS FROM AND AFTER mE 22nd DAY OJ!' JULY, 1947, TO ~ 22nd DAY OF 1ULY, 1952; AND FUR'n:IIR AMBNDnm SAID ORDINANOI NO. ~79-A BY ADDING TIUI:Rm'O SBCI'ION 7-A ffiOVIDING FOR A P'RANCHISI AND OCCUPATION TAX AND mmt'AL aiAR<Jl OF NO Bm CBNr OF OBR'l'AIN OF THI <moss RBCBIPrS OF THB WIST 'l'JWiS GAS OOMPAl'fY FCR THE OCCUPATION AND USB OF 'mB S1RB&'l'S, ALIBYS, HIGHWAlS at O'lBBR PUBLIC lfAlS AND PLACZS OF TBB CITY OF LUBBOCK AND :moVIDING TBB DA.T&S AND Tnl&S OF PAY!&mr AND THE BTHOD OF ~G '1'EB GROSS REOBIPl'S WHICH CONSTITtJl'.lC TBB BASIS OF A COMPOO.'ATION OF SAID TAX OR CHARGE, .ALL AS ~IN lROVIDJm: WBIRBAS the West Texas 068 Company, a corporation, herein- after referred to as the "Grantee" is now and has bMn engaged in -the transportation, distribution and sale of natural gas in the State of Texas and in the Oity of Lubbock, Texas, and in furtherance thereof has erected, constructed aDd maintained a gas distribution system in the City ot Lubbock, Teas, hereinafter referred to as "the CitY", tor ~ years pursuant to such rights as have been -granted to the Grantee by and under the laws of the State ot Texas and the terms ot a certain franchise granted to it by the city of Lubbock, Tue.a, on the 22nd de.y ot January, A. D. 1931, by its Ordi:nance No . 479-A, which tranchise was for a term e.nd period ot sixteen years and six aonths. from aDd af'ter the 22nd de.y of J'anuary, A. D. 1931• and WBitmAS by' reason of the growth aDd development of the said City ot Lubbock, Te:r.as, since the passage ot said ordinance No. 479-A, the Grantee has cpended large &UWJ in the extension of its distribution syst• and lines and facilities so as to adequately serve the needs ot said City and its inhabitants, aDd it is contem- J plated and anticipated. by both the city and Grantee that the turther growth and developnent of se.id City will necessitate and require the axpendi ture by the Grantee ot large sums ot money in the further t. ' • < ! . extension ot its existing lines and facilities to serve the needs ot said City and its inhabitant&, and l1RJ.RIAS the Grantee, in order to protect its investments heretofore made in said Cit7 aDd the turther investments that will be required ot 1 t 1n order to meet the demand occasioned b7 the fur- ther growth ot said City, desires an extension ot the term. ot said franchise tor a period of five years tram and after the date of the termination of said franchise under said ordinance No. 479-A so as that the said tran.cb.ise will t81"llinate on the 22nd da7 of 1\U3, A. D. 1952, instead of on the 22nd day ot J'u:Ly, A. D. 1947, under said Ordinance No. 4'19-A, and as a part ot the consideration for said ex- tension is willing to P8T to the City certain compensation as herein- atter provided tor the use b7 the Grantee of the streets, alley's, highways and other public ways and places within the Ci t7 of Lubbock, which compensation the City Commission ot the City ot LUbbock finds and agrees is fair and reasonable: NOW, 'l'I'IERBFORI, Bl IT ORilAINBD BY TBI CITY OF LUBBOCK, 'lBXAS I THAT: ~al'ION 1: That Ordinance No. 4:79-A passed by the City of Lubbock, Tams, on the 22nd da7 ot J'anuary, A. D. 1931, and Section 1 thereof be amended so as that the same shall hereafter read as follows, to-wit: "That tram. aDd atter the passage 8Dd appro"t'al of this ordinance that the right to f'urniah, distribute and sell natural gas tor light, heat and power and tor all such other purposes tor which gas may be uaed within the Cit7 ot Lubbock, Tams, tor a period and term end1.ng on the 22M day of J'~, A. D. 1952, is hereby granted to the West T8%84 Gas company, a corporation, and its auooessors and assigns, hereinatter called GrantM, subject, howenr. to the pro- Visions hereinatter incorporated in this ordinance, an4 tor such additional period or axtensiODB of time as may at the expiration of the said term of years ending the 22Dd day ot J'uly, A. D. 1952, be granted • and upon condi tiona then found to be satistaotocy to the officials ot the Cit7 of Lubbock, Taaa, and to this grantee, and proT1ded that thia amendment to aaid Ordinance and Frane~ise No. 479-A ia to be in etteat and run :f'roa and atter the da:y and date of its passase and approval." SECTION 2: That Ordinance No. 479-A. passed on the 22nd day of J'anuary, A. D. 1931, by the City-of Lubbock, T«ms, be amended by adding thereto and incorporating therein a new section herein and herebY'· designated as Section 7-A, which is as follows, to-wit: 11 SECTION 7-A: As a part of the consideration for the granting of the extension of the franchise as hereinabove set forth ~nd as compensation to the City for the granting of said franchise and for the use of the City•s streets, alleys, highways and other 'public ways and places, the Grantee agrees to pay to the City quarterly each year during the remaining term of t .. is franchise as extended hereby a sum of mone~ equal to two ~2%) per cent of the gross receipts (as said term gross receipts• is hereinafter defined) of the Grantee from the sale of natural gas within the corporate limits of the City of Lubbock, Texas. 11 The gross receipts upon which such tax or charge is to be computed shall be determined as follows: From. the total receipts from the sale of natural gas within the corporate limits of the City of Lubbock, Texas, for the particular quarter involved, there shall be deducted the receipts from the sale by the Grantee of natural gas to Public Authorities, to-wit: Federal Governme n t and/or Federal Government Departments, t he S tate of Texas, the County of Lubbock, t h e City of Lubbock and the Lubbock Ind ependent School District, and the balance r e maining after suc h deduction shall constitute the gross receipts upon which such tax or charge is to be computed. 11 The quarterly payments provided for herein to be paid by Grantee to the City shall be paid .as follows: the payment for the first quarter shall be maae on or before May lst of each year; for the second quarter on or before August 1st of each year; for the third quarter on or before November 1st of each year; and for the fourth quarter on or before February 1st of each yean. The first payment hereu nder shall be made on or before the 1st day of May A. D. 1941, and shall equal two (2%) per cent of the gross re~ipts as hereinbefore defined for the f1rst quarter of the year 1941. ttThe Grantee shall at the time of making any quarterly payment fUrnish to the City a statement certified by a duly authorized officer of said Grantee sh owing the quarterly gross receipts as heretofore defined and the amount of deductions a s hereinbefore provided for. "The City agree~ that the consideration set forth in the preceding paragraphs shall be paid and received in lieu of any tax, license, charge, fee, street or alley rental, or other character of charge fGr use and occupancy of the streets, alleys and public places of the City. SECTION 3: Except as to the amendment of Section 1 of Ordinance No. 479-A and the addition of Section 7-A to said Ordi- nance No. 479-A, the said Ordinance No. 479-A shall in all other respects remain ·in full force and effect and shall not be in any other respects modified or changed hereby. SECTION 4: This ordinance shall take effect and be in force from and after its passage and approval and publication as provided by the laws of the State of Texas and the Charter of the City of Lubbock, Texas. INTRODUCES on the l?th day of ___ Ma_r_ch ______ , A. D. 1941 1 and passed by the City Commission as the governing body of the City of Lubbock, Lubbock reading on this the 17th day ATT T: f r ity Secretary County, Texas, at its first of ,March A.D. 1941. layor, tA6Lubbocic, Texas. This Ordinance passed by the City Commission as the governing body of the Uity of Lubbock, Lubbock County, Texas, at its second and final reading, on tbis the 27th day of March , A.D. 1941. yvr, ity ofLbbock, TeRgs. AT T: G ity. cretary. .. ' . . ... WTOCO . NO. 54 -i EST TEXAS GAS COMPANY R . F'. HINCHEY VICIE PJU !8. a GIEN 'L . MOIII . GENERAL OFFICE, LUBBOCK, TEXAS April 14, 1941 To Mayor Carl E. Slaton and City-Comm1ss1on Lubbock, Texas Gentlemen: We beg to advise y-ou that we have received a properly-oert1t1ed cow ot the amendment Ordinance No. 664 tinall1 passed by-the City Commission ot the City ot Lubbock on the 27th day ot March, A. D. 1941, and dul1' published as required by 701Jr City-Charter, such amendment ordinance so passed amending Ordiuanoe No. 479-A, granting an extension ot the franchise to West Tua.a Ga.a CompaDY, as described th•r•in, and providing tor the payment ot two (~) per cent ot gross receipts. This letter is to intorm y-ou that the West T.xas Gas Company accepts such amendment ordiDaDce as above des- cribed aDd will complY' with the tel"'IIS and conditions contained therein. Yours very truly-, h