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
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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
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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--. --
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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
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