ORD 1994-18TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 9 4 -18
AN ORDINANCE OF THE TOWN OF TROPHY CLUB,
TEXAS AMENDING ORDINANCE NO. 93-03, THE SAME
BEING THE LONE STAR GAS FRANCHISE ORDINANCE,
BY AMENDING THE SECTION 8 THEREOF BY
INCREASING THE FRANCHISE FEE PAID TO THE
TOWN FROM THREE PERCENT (3%) TO FOUR
PERCENT (4%); PROVIDING ASEVERABILITY CLAUSE;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Lone Star Gas Company ("LSGC"), a division of Enserch Corporation,
has a franchise in the Town of Trophy Club, Texas (the "Town") to supply the citizens of the
Town with natural gas through LSGC's distribution system; and
WHEREAS, LSGC and the Town desire to amend the existing franchise ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. Ordinance No. 93-03, the same being the Lone Star Gas Company
franchise ordinance, is hereby amended in the following particulars, and all other sections,
subsections, paragraphs, sentences, phrases and words of the said Ordinance are not
amended but are hereby ratified, verified, approved and affirmed:
A. Section 8 of Ordinance No. 93-03 is amended so that it shall hereafter
read as follows:
"SECTION 8: Company, its successors and assigns, agrees to
pay and Town agrees to accept, on or before the 1st day of
June, 1995, a sum of money which shall be equivalent to (i)
three percent (3%) of the gross receipts received by Company
from the sale of gas to its residential and commercial customers
within the Town (expressly excluding governmental accounts
and receipts derived from sales to all other classes of customers
in the Town) from January 1, 1994 through and including the
effective date of this ordinance, and (ii) four percent (4%) of
the gross receipts received by Company from the sale of gas to
its residential and commercial customers within the Town
(expressly excluding governmental accounts and receipts derived
from sales to all other classes of customers in the Town) from
the effective date of this ordinance through December 31, 1994.
Such payment shall be for the rights granted in this ordinance
for the time period from January 1, 1995 through and including
December 31, 1995.
DOC #: 199626 -1-
Company, its successors and assigns, agrees to pay and
Town agrees to accept, on or before the 1st day of June of each
year during the remaining term of this franchise, the last
payment being made on the 1st day of June, 2017, a sum of
money which shall be equivalent to four percent (4%) of the
gross receipts received by Company from the sale of gas to its
residential and commercial customers within the corporate limits
of said Town (expressly excluding governmental accounts and
receipts derived from sales to all other classes of customers in
said Town) during the preceding calendar year. All payments
as provided in this Section 8 shall be for the rights and
privileges herein granted to Company during the calendar year
in which the payment is made, including expressly, without
limitation, the right to use the streets, alleys, and public ways of
the Town.
It is expressly agreed that all payments pursuant to this
Section 8 shall be in lieu of any and all other and additional
occupation taxes, easement, and franchise taxes or charges
(whether levied as an ad valorem, special, or other character of
tax or charge), in lieu of municipal license and inspection fees,
street taxes, and street or alley rentals or charges, and all other
and additional municipal taxes, charges, levies, fees, and rentals
of whatsoever kind and character which Town may now impose
or hereafter levy and collect, excepting only the usual general
or special ad valorem taxes which Town is authorized to levy
and impose upon real and personal property. Should the Town
not have the legal power to agree that the payment of the
foregoing sums of money shall be. in lieu of taxes, licenses, fees,
street or alley rentals or charges, easement or franchise taxes or
charges aforesaid, then Town agrees that it will apply so much
of said sums of money paid as may be necessary to satisfy
Company's obligations, if any, to pay any such taxes, licenses,
charges, fees, rentals, easement or franchise taxes or charges.
In order to determine the gross receipts received by
Company from the sale of gas to residential and commercial
customers within the corporate limits of Town, Company agrees
that on the same date that payments are made, as provided in
the preceding paragraph of this Section 8, it will file with the
town Secretary a sworn report showing the gross receipts
received from the sale of gas to its residential and commercial
customers within said corporate limits during the calendar year
preceding the date of payment. Town may, if it sees fit, have
the books and records of Company examined by a
representative of said Town to ascertain the correctness of the
sworn reports agreed to be filed herein."
DOC #: 199626 -2-
Section 2. If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance or application thereof to any person or circumstance is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this Ordinance, and the Town Council hereby declares
it would have passed such remaining portions of this Ordinance despite such invalidity, which
remaining portions shall remain in full force and effect.
Section 3. This Ordinance shall take effect on October 20, 1994 if LSGC files its
written acceptance of the provisions of this Ordinance with the Town within sixty (60) days
after its final passage and approval.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas this the 18+.b day of 1994.
ATTEST:
Town Secretary, Town of Trophy Club, Texas
APPROVED AS TO FORM:
q.. 7
oWnrney, Town of Trophy Club, Texas
DOC #. 198626 -3-
STATE OF TEXAS §
COUNTY OF DALLAS §
WHEREAS, there was finally passed and approved on October 18, 1994, Ordinance
No. 94-18 amending the franchise previously granted to Lone Star Gas Company, a
Division of ENSERCH CORPORATION, a corporation,in the Town of Trophy Club, Tarrant
County, Texas, which is recorded in the Minutes of the Town Council of said Town; and
WHEREAS, Section 3 of said ordinance provides as follows:
"SECTION 3: This Ordinance shall take effect on October 20, 1994 if Lone
Star Gas Company files its written acceptance of the provisions of this
Ordinance with the Town within sixty (60) days after its final passage and
approval."
AND, WHEREAS, it is the desire of Lone Star Gas Company, a Division of
ENSERCH CORPORATION, to comply with the above -quoted provisions of Section 3
thereof.
NOW, THEREFORE, premises considered, Lone Star Gas Company, a Division of
ENSERCH CORPORATION, acting by and through its duly authorized officers, and within
the time prescribed by Section 3 quoted above, does hereby agree to and accept the
franchise amendment granted by the above-described ordinance, in accordance with its
terms, provisions, conditions and requirements and subject to the stipulations and
agreements therein contained.
WITNESS THE EXECUTION HEREOF, on this the _ i_6_+ --h day of
nPramhpr , 1994.
ATTES1 :
Assistant Secretary
LONE STAR GAS COMPANY
A DIVISION OF
ENSERCH CORPORATION
Senior Vicel*esident
STATE OF TEXAS §
COUNTY OF TARRANT §
TOWN OF TROPHY CLUB §
I,- _Ka ren �a� �; � Town Secretary of the Town of Trophy Club,
Texas, do hereby certify that the above and foregoing is a true and correct copy of a formal
acceptance of a franchise amendment ordinance finally passed and approved by said
Town on October 18, 1994, and of record in the Minutes of the Town; and I do further
certify that said acceptance has been duly presented to the Town Council and filed in
connection with and as a part of said franchise amendment ordinance.
OF WHICH, witness my official signature and the seal of said Town on this the
15th day of Decembe„r, 1994.
r
Town Secretary
Town of Trophy Club, Texas
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