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HomeMy WebLinkAboutOrdinance - 676-1941 - Amend Ordinance 92 - 09/11/1941'· CY:l-ll -I q I.} I 12.-\\-lql-J-1 12-15-tQLI-1 ORDINANCE NO. 626 AN ORDINANCE TO AMEND ORDINANCE NO. 92 PASSED BY THE CITY OF LUBBOCK, TEXAS, ON THE 27TH DAY OF MARCH, A. D. 1913, GRANTING TO THE LUBBOCK LIGHT & l·CE COMPANY, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE FOR THE PURPOSE .OF CONDUCTING IN SAID CITY THE BUSINESS OF FURNISHING ELECTRIC LIGHT, HEAT, ENERGY AND POWER TO THE CITY AND THE INHABITANTS THERE'"' OF; SAID ORDINANCE BEING AMENDED BY AMENDING SECTION 3 THEREOF SO AS TO EXTEND 'l'HE TERM OF SAID FRANCHISE FQR A PERIOD OF ~ YEAR .~ FROM AND AFTER THE 27TH DAY OF MARCH, A. D.· 1963; AND FURTHER ~~NDING SAID ORDINANCE NO. 92 BY ADDING THERETO SECTION 6-A, PROVIDING FOR A FRANCHISE AlTI) OCCUPATION TAX AND RENTAL CHARGE OF TWO (2~) PER CENT OF CERTAIN OF THE GROSS RECEIPTS OF THE TEXAS-NEW MEXICO UTILI- TIES COMPANY (Tlffi SUCCESSOR AND ASSIGNEE OF THE LUBBOCK LIGHT & ICE COMPANY) FOR THE OCCUPATION AND USE OF THE STREETS, ALLEYS, HIGHWAYS OR OTHER PUBLIC WAYS AND PLACES OF THE CITY OF LUBBOCK AND PROVIDING THE DATES AND TIMES OF PAYMENT AND 'l'HE METHOD OF DETERMIN- ING THE GROSS RECEIPTS WHICH CONSTITUTE THE BASIS OF A COMPUTATION OF SAID TAX OR CHARGE, ALL AS HEREIN PROVIDED: WHEREAS, on the 27th day of March, A. D. 1913, the City Council of the City of Lubbock, Texas, granted to the Lubbock Light & Ice Company a franchise for the purpose of constructing, operating and maintaining an electric light and power plant in the Ci.ty of Lubbock, Texas, and furnishing to the City of Lubbock and its inhabitants electric light, power and energy, and WHEREAS, said franchise was thereafter assigned by the Lubbock Light & Ice Company to the Texas Utilities Company, and WHEREAS, the said Texas Utilities Company thereafter by a charter amendment changed its name from Texas Utilities Company to Texas-New Mexico Utilities Company, and said Texas-New Mexico Utilities Company is now the owner and holder of said franchl.se so granted to the Lubbock Light & Ice Company, and WHEREAS, Texas-New Mexico Utilities Company, a corpora- tion, hereinafter referred to as the "Granteen, is now and ba.s been engaged in the generation, transportation, distribution and sale of electric light, current, power and energy in the State of Texas and in the City of Lubbock, Texas, and in further- ance thersof it and its predecessor under said Lubbock Light & Ice Company franchise have erected, constructed and maintained an electric light & power plant, transmission linea and distri- bution system in the City of Lubbock, Texas, hereinafter re- ferred to as "the Cityn, for many years pursuant to such rights as have been granted to the grantee by and under the laws of the State of Texas and the terms of said franchise granted by the City of Lubbock, Texas, to the Lubbock Light & Ice Company on the 27th day of March, 1913, by the ordinance of the City of Lubbock No. 92, which franchise was for a term and period of fifty (50) years from and after the 27th day of March, A. D. 1913, and WHEREAS, by reason of the growth and development of the City of Lubbock, Texas, since the passage of said ordi- nance No. 92, the Texas-New Mexico Utilities Company and its predecessor in title to said franchise granted to the Lubbock Light & Ice Company have expended large sums in the extension of the transmission and distribution lines and system and facilities so as to adequately serve the needs of said City and its inhabitants, and it is contemplated by both the City and Grantee that the further growth and development of said City will necessitate and require the expenditure by the Texas-New Mexico Utilities Company of large sums of money in the further extension of its existing lines and facilities to serve the needs of said City and its inhabitants, and WHEREAS, the Texas-New Mexico Utilities Company, in order to protect its investments heretofore made in said City and the further investments that will be required of it in order to meet the demand occasioned by the further growth of said City, desires the extension of the term of said franchise for a period of~ (_L_) years from and after the date of the termina- tion of said franchise under said Ordinance No. 92 so as that the said franchise will terminate on the J71fday of ~ 1 A. D. ~, instead of on the 27th day of March, A. D. i963, under j said Ordinance No. 92, and as a part of the consideration for said exte·nsion is willing to pay to the City certain compensation as hereinafter provided for the use by the Grantee of the Streets, alleys, highways and other public ways and places within the City of Lubbock, which compensation the City Commission of the City of Lubbock finds and agrees is fair and reasonable: Now, therefore, BE IT ORDAINED BY THE CITY OF ~UBBOCK, TEXAS, THAT: SECTION 1: That Ordinance No. 92 passed by the City of Lubbock, Texas, on the 27th day of March, A. D. 1913, and Section 3 thereof be amended so as that the same shall here- after read as follows, to-wit: "That from and after the passage and approval of this ordinance the right to generate, transmit, distribute and sell electric light, current, power and energy within the City of Lubbock, Texas, to the City of Lubbock, Texas, and its inhabitants for a period and term ending on the Z7~ day of lb~ , A. D. ~' is hereby granted to the Texas- New MexfCO Utilities Company, a corporation, and its successors and assigns, hereinafter called "Grantee", subject, however, to the provisions hereinafter incorporated in this ordinance, and for such additional period or extensions of time as may at the expiration of the said term of years ending the ~78 day of ~ , A. D. ~~~~ be granted, and upon the con itions then fou~e satisfa~y to the officials of the City of Lubbock, Texas, and to this grantee, and provided that this amendment to said ordinance and franchise No. 92 is to be in effect and run from and after the day and date of its passage and approval." SECTION 2: That Ordinance No. 92 passed on the 27th day of March, A. D. 1913, by the City of Lubbock, Texas, be amended by adding thereto and incorporating therein a new section herein and hereby designated as Section 6-A, which is as follows, to-wit: "SECTION 6-A: As a part of the consideration for the granting of the extension of the franchise as hereinabove set forth and as compensation to the City for the granting of said extended 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 thi·s franchise as extended hereby a sum of money equal to two (2%) per cent of the gross receipts (as said term 11 gros's receipts" is hereinafter defined} of the Grantee from the sale (of electric current, energy and power within the corporate limits) of the City of Lubbock, Texas. trThe 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 electric current, energy and power 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 t he Grantee of electric current, energy and power to Public Authorities, to-wit: Federal Government and/or Federal Government Departments, the State of Texas, the County of Lubbock, the City of Lubbock and the Lubbock Independent School District, and the balance remaining after such deduction shall constitute the gross receipts upon which such tax or charge is to be computed. "The quarterly payments provided for herein to be paid by the Grantee to the City shall be paid as follows: the payment for the first quarter shall be made on or before May 1st 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 be- fore February lat of each year. The first ~ayment hereunder shall be made on or before the 1st day of ~.,.. l•r , A. D. 1941, and shall equal two (2%) per cent of the gross receipts as hereinbijfore defined from the date of the passage of this ordinance to and including the ~ day of ~~ 1941. "The Grantee shall at the time of making any quarter- v ly payment furnish to the City a statement certified by a duly authorized officer of said Grantee showing the quarterly gross receipts as heretofore defined and the amount of deductions as hereinbefore provided for. "The City agrees that the consideration set forth in the preceding parag raphs shall be paid and received in lieu of any tax, license, charge, fee, street or alley rental, or other character of charge for use and occupancy of the streets, alleys and public places of the City." SECTION 3: Except as to the amendment of Section 3 of Ordinance No. 92 and the addit i on of Sec t ion 6-A to said Ordinance No. 92, the said Ordinance No. 92 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 passag e and approval and publication as provided by the laws of the State of Texas and the Charter of the City of Lubbock, Texas. INTRODUCED on the 11th day of __ ...:..S_e.:.p...;;.t...;.e...:..m;.;:b...;.er,;;;._ ___ , A. D. 1941, and passed by the City Commission as the governing body of the City of Lubbock, Lubbock County, Texas, at its first reading on the Jd!h day of September , A. D. 1941. Mayo~xas ... This ordinance passed by the City Commission as the governing body of the City of Lubbock, Lubbock County, Texas, at its second reading, on this the 11th day of December A. D. 1941. ~~ Mayor, City of Lubbock, Texas ctj'Secretary This ordinance passed by the City Commission as the governing body of the City of Lubbock, Lubbock County, Texas, at its third and final reading on this the 15th day of December Ci ysec;retary THE STATE OF TEXAS C[TY OF LUBBOCK COUNTY OF LUBBOCK , A. D. 1941. ~A - Mayor, City of Lubbock, Texas We, the undersigned Mayor and City Secretary of the City of Lubbock, in Lubbock County, Texas, do hereby certify that the within and foregoing is a true and correct copy of the Ordinance No. lli._ extending the term of the franchise granted , to Lubbock Light & Ice Company by Ordinance No. 92 (which franchise ' has been assigned to Texas-New Mexico Utilities Company) so as that the said franchise will terminate on the 2?thday of ___ M_a_r_c_h _____ , A. D. I964, and for the payment of a franchise tax or rental charge, and that such Ordinance No. 6?6 was duly read, approved and passed as required by t he City Charter of said City and duly signed by the undersigned Mayor and attested by the undersigned City Secretary, this the 15th day of Dec , A. D. 1941. Mayor, City of Lubbock, Texas ATTEST: '