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Home My WebLink AboutOrdinance - 9329-1990 - Amending Section 11 Odrdinance 8341 Rental Fee For Use Of Streets And Alley - 01/25/1990DGV:js First Reading January 25, 1990 Item #22 Second Reading February 8, 1990 Item #12 ORDINANCE NO. 9329 AN ORDINANCE AMENDING SECTION 11 OF ORDINANCE NO. 8341 OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE RENTAL FEE FOR THE USE OF THE STREETS, ALLEYS AND PUBLIC WAYS OF THE CITY OF LUBBOCK BY SOUTHWESTERN PUBLIC SER- VICE COMPANY; PROVIDING AN EFFECTIVE DATE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. WHEREAS, Ordinance No. 8341, which is the franchise for use of the streets, alleys and public ways of the City of Lubbock by Southwestern Pub- lic Service Company, Section 11 provides for a rental fee of two percent (2%); and WHEREAS, the City of Lubbock and Southwestern Public Service Company have mutually agreed that it would be in the public interest to increase such rental fee to three percent (3%); NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Section 11 of Ordinance No. 8341, which grants a franchise to Southwestern Public Service Company to use the streets, alleys and public ways of the City of Lubbock, BE and the same is hereby amended to provide for payment of a sum of money equal to three percent (3%) of the annual gross receipts of the Company from its electric lighting and power sales for consumption within the corporate limits of the City. SECTION 2. THAT this Ordinance shall be effective on and after the expiration of thirty (30) days from the date of last publication of this Ordinance as provided by Chapter 1, Article II, 18 of the Charter of the City of Lubbock, and provided a written acceptance of this Ordinance by the franchise holder has been received. SECTION 3. THAT the payment provided in Section 1 of this Ordinance shall take effect as of October 1, 1989, upon the acceptance of this fran- chise amendment. SECTION 4. THAT the payment provided for in Section 1 of this Ordi• nance shall revert to two percent (2%) of the annual gross receipts of the Company from its electric lighting and power sales for consumption within the corporate limits of the City upon receipt by the City of written notice from the Company that it desires such reversion. The reversion shall be effective at the beginning of the next City f.iscal year after receipt of notice from the Company, which notice shall not be given less than sixty (60) days prior to the beginning of any City fiscal year. SECTION 5. THAT should any paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or ineffective for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 6. THAT the full text of this Ordinance shall, following first reading of this Ordinance, be published once each week for three (3) consecutive weeks prior to the second and final reading of this Ordinance in a newspaper of general circulation published in the City of Lubbock, and the expense of such publication shall be borne by the franchise holder. AND IT IS SO ORDERED. Passed by City Council on first reading this 25th day of 1990. Passed by City Council on second reading this 8th day of 1990. /is.c: McMINN,MAYOR . · · A:tt:e:sT :- -/ ~ APPROVED AS TO CONTENT: -~ - _·-~@__ R6bert Massengale,Assi~nt Cit Manager for Financial Services APPROVED AS TO FORM: ~b.Lld;J;&fl.'lt. Donald G. Vandiver, First Assistant City Attorney -2 - January February SOUTHWESTERN PUBLIC SERVICE COMPANY P. 0. BOX 1261 • AMARILLO, TEXAS 79170 • 806/378-2121 DOYLE R. BUNCH II EXECUTIVE VICE PRESIOENT February 28, 1990 The H:>norable B .c. McMinn, Mayor and City eouncil of the City of Lub.l::x:>ck P.O. Box 2000 Lubl::x)ck, TX 79457 Re: City of Lubt:x:>c.k, Texas, ordinance No. 9329 -Anending Section 11 of ordinance No. 8341 the franchise to south-western Public service Ccmpany ("Franchise") Dear Mayor McMinn and City Council of the City of Lubbock: southwestern Public Service Ccmpany, for itself, its successors and assigns, hereby accepts the attached ordinance finally passed by the City Council of Luboock, the 8th day of February, 1990, and agrees to be lx>und by all of its tenns and provisions. southwestern Public service Ccmpany By:~~..Q.:Jr I~tive Vice President · · bated 28th· day of February , 1990 -- --- A~: - ·-_.-Please: indicate the date on which this acceptance is filed on one ;~~·:~~ letter and return that copy to Southwestern Public Service DRB/dr Filed with the City of Inb'!:xx::k, Texas, on this __ /_·~ _____ 4,____· ____ day of ~~ , 1990 ' •---~-,.,,-;-:••r:rr•1'.l":t;Xr•:~ -~-~-~·••,!'": <~-V ~, .... ,, .. , ~ ;f . . L~.J Y:·:OF. LUE3E30C::K. . ~~~~~i'ECrl:!!!9'•"::,.•z;;'~~..l~••&a~:\i,1ii:::'·:-,.·ci<·.A ;_ ..... -..:bLc.. _ . .... ·-·•---·_,;.,.~ _........_.,,;,, CITY SECRETARY-TREASURER Mr. Joe Boerner Attorney at Law P.O. Box 1241 Lubbock, Texas 79408 RE: Ordinance 8341 762-6411 P.O. Box 2000 1.UBBOCK, TEXAS 79457 July 26, 1982 Franchise -Southwestern Public Service Dear Mr. Boerner: Enclosed herewith to you is a duplicate original of the above referenced ordinance. I have on this date notified the Lubbock A-J to publish the ordinance in its entirety pursuant to Charter provisions. The Publisher's affidavits (3) will come to me, after which I will forward to you a copy for your files. I have instructed the A-J to bill you direct for these cos~s, also in accordance with Charter provisions. If you have any questions, please let me know. c;~~"-1/!f- EVELYN GAFFGA City Secretary-Treasurer Enclosure SOUTHWESTERN PUBLIC SERVICE COMPANY P. 0. BOX 631 • LUBBOCK, TEXAS 79408 • 806/765-2800 April 27, 1992 Mayor B. C. "Peck" McMinn and Members of the City Council City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Dear Mayor McMinn and Members of the City Council: Southwestern Public Service Company will continue to pay the City of Lubbock the 3% franchise fee for the fiscal year beginning October 1, 1992 through September 30, 1993, and for each fiscal year thereafter for the remainder of our current franchise. J. e Webb, Manager Lubbock District JW/bj SECONO READING ORDINANCES ORDINANCE NO, t12a AN ORDINANCE ABANDON• )F TEXAS R-354 ~'::Gc:~~oiLf~~NNt: ~r.;ro Ll 1 BBOCK i~ 1,!:f~I\~i':::ELti'::~::O:. France, He rnendez a :'\otar~· Public· in .md for Lubbock Count\·. Texas on this da\' ~~~8~~~Ec~~=+~c:uTL%'t~}eared T.J. Aufi I I, Account Hamu!cr or the s,;uthwcstern Newsp~- f~~c~::'D~~i=c~~'i>1ti~;1~~ ion. publish<'rs of ti)(' l.uhboek Avalanche-.lournal -Morning. E\'ening and Sundav. who +~~~i~1~~;lN:!:sTg~:~1u1~· sworn did dc.•pose and sa~· that said nC'WSpaper has been p_ublished continuouslv for more ~t1lt°:AM'!:f~~t~::.;. W<'<'ks prior to the nrst insertion or this Lef!a I Not 1 CI · - AND CLOSING; PROVIDING A ,,.. s I b • sAvINGs cLAusE, AND PRo-----------.-.o 8236 0 at .ub m·k Count\'. Texas and the atlac-hed prmt- vioiNGFORPuaua.Tio~. ~ 1 a,u,1 Notice is a true c-op~· of th<• original.and was printed in the Lubbock ··.ORDINANCENO.t226 , 1rnal on the following dates: O, 17, 1990 · ANORDiNANcuutHoR1zi word, ca • 92 = $363 .40 ING A NEW TRAFFIC $IGNAL:"'--=.;::;.;'--"a.:.--''--....::...::...:=---..;_;:;;_:;...;;;...;........;;. ___________________ _,_-.:/-------_f:.~ AT 79TH $TREET AT $LIDE ROAD IFM 11301: ANO PROVID: ING FOR PUBLICATION.-.... .1 ~ ORDINANCE NO. !321'._ . · AN .·. ORDINANCE-----+-------------- CANCELI.ING AUTHORITY AND M APPROVAL FOR A TRAFf'IC1CCG unt enae:• r SIGNAL AT AMARILLO ROAD>;.;::~-...;;....;;. _____________ _ 1u.s. en AND MUNICIPALt \I \"'-T('HL' J()l"R"' "I DRIVE AND AUTHORIZING THE : .: •" • 1:..·, : •-. l'\ • REMOVAL OF $AID TRAFFI ewsp·1pprs Corporation SIGNAL Al•AN OPERATIVE • · • · • · '• TRAF.FICSIGNAL. ·'• -. . ORDINANCE NO. tm · .. . AN':'.:•: ORDiNANCE CANCELLING AUTHORITY ANO APPROVAL.FOR A TRAFFIC SIGNAL AT 30TH STREET ANO AVENUE H .AND AUTHORIZING THE REMOVAL OF SAID TRAF• FIC SIGNAL AS AN OPERATIVE TRAFFIC SIGNAL. ··:/ • · ORDINANCE NO. n29 , ,·' • AN OROINANCE AMEND· ING SECTION 11 OF ORDINANCE NO. 134t OF Tl1E CITY OF LUil• BOCK, TEXAS, WITH REGARD TO THE RENTAL FEE FOR THE USE OF THE STREETS. ALLEY ANO PUBLIC WAY$ OF THE CITY OF 1.UBBOCK BY SOUTH-.. WESTERN PU&LIC SERVICE COMPANY: PROVIDING AN EF• FECTIVE OATEt PROVIDING A ••. SAVINGS CLAUSE: AND PRO-~-• · VIDING FOR PU81.1CATION. • ORDINANCE NO. 9330 AN ORDINANCE AMEND• ING ZONING ORDINANCE NO. JOU AND THE OFFICIAL MAP · OF THE CITY CF LU880CIC MAKING THE FOLLOWING CHANGES: ZONE CASI! NO.~; A ZONING CHANGE FROM C-3 TO C.J SPECIFIC USE PERMIT FOR A VETERINARY CLINIC ON THE NORTH to" OF LOT 204-8 .. • MURRYHILL ADDITION, LUB-1 .... BOCK, TEXAS; PROVIDING A ; • PENALTY, PROVIDING A $AV•·· ING$ CLAUSE AND PROVIDING . ~OR PUBLICATION, ' I • ,,·, • '· ORDINANCE NO. 9331 ' AN ORDINANCE AMEND• . ING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGE$: ZONE CASE NO. 26-41: A ZONING CHANGE FROM C•2 TO C•2 SPECIFIC USE PERMIT FOR A VETERINARY CLINIC ON A 15• av 130• TRACT OUT OF SECTION" u. BLOCK E-2. 1.ua- BOCK, TEXAS: PROVIDING A PENALTYr PROVIDING A $AV• INGS CLAUSE AND PROVIDING FOR PUBLICATION. ORDINANCE NO. 9llS •. AN ORDINANCE AMEND• ING CHAPTER I OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK. TEXAS, BY ADD- I NG THERETO A NEW PARA• GRAPH Ill TO SECTION I•.&, WHICH PARAGRAPH $KALL IN• DICATE·A TEMPORARY BRANCH ABSENTEE POLLING PLACE ESTABLISHED BY THE CITY COUNCILi PROVIDING A SAVINGS CLAUSE' DECLARING AN EMERGENCY; AND PRO• VIDING FOR PU8UCATION. ll•35<l