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HomeMy WebLinkAboutORD 82-137 ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING THE FRANCHISE GRANTED GULF STATES UTILITIES COMPANY ON SEPTEMBER 19, 1961 BY INCREASING THE PAYMENTS TO BE MADE THEREUNDER AND BY EXTENDING THE TERM THEREOF. WHEREAS, by ordinance adopted on the third and final reading on September 19, 1961, the City of Beaumont (the "City" ) granted Gulf States Utilities Company ( the "Company" ) a franchise (the "franchise" ) to conduct within the City an electrical power business and to use the streets, alleys and public ways of the City for the purpose of conducting such business; and, WHEREAS, the franchise was for a term of thirty-five (35) years commencing upon, and extending from, the sixty-first day after final passage thereof; and, WHEREAS, as compensation for the use of the streets, alleys and public ways of the City, the franchise required the Company to pay the City each year an annual payment equal to two ( 2% ) percent of the annual gross receipts of Company from electric lighting power sales or consumption within the corporate limits of the City; and, WHEREAS, City and Company desire to amend the franchise by extending the term thereof and by increasing the annual payment made by Company to City as compensation for the use of the streets, alleys and public ways of City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Sections 11 and 19 of the franchise are hereby amended to read as follows: Section 11. As compensation for the use of the streets, alleys and public ways of City in the conduct of its business under this franchise, Company shall pay City each year of the life of this franchise an annual payment consisting of a sum of money /.?- i/-4-- equal to four ( 4% ) percent of the annual gross receipts of Company within the City of Beaumont from its electric lighting and power sales for consumption within the corporate limits of the City, exclusive of receipts from ( i ) sales to industrial consumers, ( ii) sales for governmental pumping, and ( iii) street lighting. Said annual payments shall be due and payable on the first day of August of each year, and shall be computed upon receipts by Company during the twelve (12) months ending on the June 30 immediately preceding such annual payment date. The first annual payment of four (4% ) percent of the annual gross receipts of Company shall be due and payable on the first day of August, 1983, and shall be computed upon receipts by Company during the twelve (12) months ending on June 30, 1983. Nothing herein shall be construed to bar, limit or abridge any legal right which the City may have hereafter to levy, charge, assess or collect an amount in excess of four (4% ) of the Company 's gross receipts for the use by Company of City streets, alleys and public ways in the conduct of Company 's business. Said annual payments above provided shall be exclusive of and in addition to ad valorem taxes. Any and all such annual payments made by Company pursuant to this section shall be credited on any account for any amount imposed, levied or assessed against Company by the City of Beaumont, pursuant to ordinance or 2 - otherwise, at any time as a charge (whether designated as rental, tax or otherwise) for the use by Company of City streets, alleys or public ways. Section 19 . Upon the filing with City by Company of the acceptance required hereunder, the franchise, as amended by this ordinance, shall be in full force and effect for a term and period of thirty-five (35) years commencing upon, and extending from, the sixty-first day after final passage of this amendatory ordinance by City. Section 2. That all provisions of the franchise adopted on third and final reading on September 19, 1961, except Sections 11 and 19 as amended herein, shall remain in full force and effect and shall not be affected by passage of this ordinance. Section 3. Company shall, within thirty ( 30) days from the date of the final passage of this ordinance by the City Council of the City of Beaumont, file with the City Clerk of the City of Beaumont, a written statement signed in its name and behalf in the following form: "To the Honorable Mayor and the City Council of the City of Beaumont: Gulf States Utilities Company , for itself, its successors and assigns, hereby accepts the attached ordinance finally passed by the City Council of Beaumont, the day of 198 and agrees to be bound by all of its terms and provisions. GULF STATES UTILITIES COMPANY By Dated the day of 198--. -- - 3 - Section 4. The full text of this ordinance shall after final passage by the City Council of the City of Beaumont be published once each week for four (4 ) consecutive weeks in a newspaper of general circulation published in the City of Beaumont, and the expense of such publication shall be borne by Company. Upon said publication being completed and the acceptance of this ordinance by Company as herein provided, this ordinance shall take effect sixty-one (61) days after its adoption on third and final reading by the City Council of the City of Beaumont and thereafter continue for thirty-five ( 35) years. PASSED first reading on the day of , 198A . PASSED second reading on the /6;6/j day of 198A . PASSED third and final reading on the 1Z day of 198a PASSED and APPROVED this the /-,4e�day of 19 8oZ - Mayor - 4 -