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Home My WebLink About471 Ord234 ~ayor John F. ~mBose then dee!~ed the ordinate ~inall~ passed,~d the ordin~uce fei!ow~: AN ORDINANCE TO' A~ ORDINANOE NO. 264 PASSED BY THE CITY 0F PLAINVIEW, TEXA~, 0N~ THE DAY OF JUNE, A.D, 1927, GRANTING TO ~ST GA~ 00I~PA~U/, A CORPORAT!O~t,, ITB SUOCES~OE~ AND A~IGN~, A G~, FR~ISE ~0R'~THE PURPOSE 0F CON~ DUCTING IN SAID C FUENIBEING- NATURAZ G~ T0 T~ CITY ~D I~IT~ T~~: SAID 0RDIN.~J~CE A~NDING SECTION T~RE0~ SO AS TO T~ ~T~! O~~ SAID ~P~CHiSE POR'A P~R!0D ~ ~0N~ ~TER THE 20TH DAY OF ~NE, 194~, TO T~ 20TH DAY ~D ~RT~R ~ING SAID 0~IN~0E ING T~TO SECTION ~-A ~OVIDING A ~~ CP~GE T~ WEST TE~S: USE 0~ THE MT~ETS~ 0T~R PUBZI0 WA~ ~ PZAOEM OF T~~ CITY O~ A~ ~ T~ D~ES ~tD T I~8 T~ ~ETHOD O~ DET~IN~G ~S ~!CH CONSTI~U~T~ BASI'~ OF A OF SAID T~ 0R 0H~RGE, PROVID~ IMG ~T~ THAT THE CITY SHAZZ BE~R OH~GE, ~CE~ ~ ~IN ~Y 0COUPA' LICENSE D~ING THE ZI~E 0F THIS, ~R~GHISE, ADZ IS H~E~ VIDED: ~.~EREA~ the ~est Texas Gas a corporation, her- inafter referred to .as the "Grantee'-' is now and has been engage~ ~he transportation, dimtributio~ an~ i s~le ef n&t~ral gas iu ~tate of Texas an~ in the City ef ~Plainview, Texas, and in further- anco thereof has e~ected, const~u,,cted and maintaine~ a gas distribu- ~,ien system in the 9ity of~ Plalnvtew hereinafter referred ~e as ~he Oity",for many year~ much rights a~ have bees granted to the Gran~ee by an~ ~um~er ~he lawS of the Etate of Texas and the terms of m~ certain frame, chime grante~ to i~ by the City Plainview, Texas, on the E0th ~ay of June, A.D. I9E7, by its Ordi. nance~No; E~A, whi,h franchise, was for a term and period ef twenty years from and after the BOth day of June, A.D. IgE?, and WHF_,~ by remson, of the growth and development of ~he said ~ity ef P~&inview, ~Texaa, '~ince ,the p~sm~ge of said ordinance No. E64, the Gran~ee has expended large sum~ in the extension of its distribution system and tine~~ an~ facilitie~ so as to a~e~uately serve the needs of maid City an~ its inhabitants, and it is con, em- ulated and auti¢ipmted by both the City an~ Grantee that the further growth and development o~ said city will nece~mitate au~ requi~e the expenditure by the Grantee of large sums of money in the further tension of its exi~tin~ li~es and facilities te serve the needs of sai~ ~it~ an~ its inhabitants, and ~,A2 the Grntee, in order to protect its investment heretofore mmda in said City ~ud the further investments that will be re~uire~ ef it in e~er to meet the domed eceamiened by the further gr'~o~f~,said:;CiSy, desi~e~ ~ e~enmien of the te~ of maid ~r~chi~e for a perio~ ef five ye~s from ~ ~ter the ~te of the ~e~m~ion of said fr~ehi~e ~de-r, said Or, in.ce No. E64 mo as that the mai~ ~fr~chise will terminate on the E0th d~v of $~e, A~D~ 1952, ~$ta~d of on :the 20th ~ay A.D.19~7 -un. der ~ai~ O~in~ce Ne. B64, ~ ~ ~ p~t of the for $ai~ e~en~ion is willi~ ~t~ p~ to the ~i~y eert~in eempensation as he, rein~ter provited fer the ~me ~ ~he G~lee of the mtree~, ~leym, hi~w~m ~d o~her publ~ w~m ~d places ~thin the 0ity of Plainv~ew, which compensation the city Co.oil cf the City_of Plainview finds ~d ~rees i~ fair ~a ~eas~le; 235 NO~,, TMF~EFORE, ~BE'~'.IT.DRD~INF~ BY THE 0ITY 0~ PLAINVIEW, T ~EXA~, THAT: SECTION 1: That 0rd~ance No. 264 passed by the Oity of Plainview, Texas, on the goth day of June, A.D. 19E?, and Bection 1 thereof be am. en~ed se as that the same shall hereafter read am fol- lows, to-wit: "Th~ from smd after the pasaage and approval of thim ordinance that the right to furnish,~distribute and sell natural gas ~orligh~, heat and power and for all such other purposes for Which ga2 may be used within the City of Plainview, Texas, for a psrio~ ~d term ending on the 20th day cf Ju~e. A.D. 195g, is hereby grs~ted to the Wemt Texas Gas 0cmpsny, a corporation; and its successors and assigns, hereinafter called Grantee, sub. jeer, however, to the provisions hereinafter incorporated in this or~ance~, and for~such additional period or e~tensions of time as may at the expiration 0£ the said term of years ending mendmen~ te said 0rdinace and Franchise No. 264 is ~o be in ef- fect and run from dud after the day ~d date of its passage and appr oval". ~GTION 2: That Ordinance No. 264 passed en the 20th daY' ef June. A,,D. . b~ the 0ity of Plainview, Texa~, be a- mended by and incorporating therein a ~ew section herein ~ud desinated as See~ien Y-A, which is as £ollew~, to wit: "~GTION ~-A: AS' a part ef the consideration for the g~anting of the extension of the fraz~hime 'as herei~abo~e set forth ~d ~s compensation to the 0i~y ~er the ~ing o~ said franchise ~d ~e~ the use o~ the 0iSy's streets, alleys, highways ~d ether puS~ic w~a ~d places, the Gr~ee a~ees--t~ l~a~ to the 0i~ Quarterly ~eaeh year during the remaon~g ~erm e~ this ~nchis ~s exten~e~ hereby a ~ o~ money e~al te ~o ~) per cent ef gross (as said term "gross recepts" is herein~er defied G~tee from the sale ef natural gas within the ce=po=~te tinits of the Oity of P!ai~view~ Text, which much ~;ax or charge is to be be ;ermined as follows: ,~rom the total re- cei the sale of natural gas within the corporate limits of the 0ity of Platnview, Texas, for the particular quarter in- volved, there ,'~hall be deducted the receipts from the sale by the Grantee 0£ hat.rat gas to Public Authorities. to wit: ~ederal Gevermment s~ad/or Federal Go~vernment ECpartments, the State of Texas 0ity of Plainview and the Plain- view , and the balance remaining af- ter such ded~c~ion shall comstitute the gross receipts upon which such ta~ or Ch~rge is to he computed. "Th,e quarterly payments provided for herein to be paid by Grantee to the Oity shall be paid as follows: The payment for the first quarter shall be made on or before ~y 1st of each year; for the second quarter on or before AuguSt 1st of each year; for the third qumr%er on or before November Ist of each ye~r~ and for the fourth qu~ter on or before 2ebrum~ 1st of each year. The first p~myment hereunder shall be made on or before the 1st day of ~y, A.D. 1941, ~d shall eGual two (2~) p~r cent of the gross re- ceipts as hereLubefore definde rom the first Gua~sr of the year 19~1. ~The Gramt$~,shall ,a~ the time of making any qu~terly pay- ment furnis~ to the '0ity a sSatement certified by a duly autheriE$~ officer of said,Grantee showing the qua~erly gross receipts as heretofore deffuued dud the-~ount-of deductions as here~efore provided for. "The 0ity agrees that the considermtion set forths, in the prece4ing paragraphs shall be paid and received in lieu of amy tax,, license, ~harge, fee. street er m~ley rental, or other charac- ter cf for ~e and occupancy of the streets, alleys and public aces of the 0ity." 2:36 2EOTION $: ExeeD~ &s~ 1~o- the ame~ndment ef ~eetion 1' of 0rdi~ance No. ~66 and the mddition of Section ~-& te said 0rdinamee Ne, E6&, the said ~rdinauce Ne, 26& ~all in all ether reapects ~e~ mmi~ in f~ll force and eCfec~ and ahmll net be in au2 o~her respects modified er cha~ged hereby~ 2EOT~0N 4: This ordinate shall take effect force from and 8fter its pmssage mud ~pprovsl and publication as provided by the 18ws of the State of Texas and the Ohaxter of the ui.Y of T~exas. ON of April, A.D. 19Al, au& passed by the 0ity ~ am body of the City of PlainView, Tex~s at its fir~t rea~ing on this the ?th day of April, A.D. 19Al. ATT~T: Thi-2 By the Ciry Council ~2 the gev- eraing body , Hale C.ounty, Texas, at second remd'~u~g, en ~th~m the ~ 1.0th da~ e£ Ap~ii, A.D, 19~t. ATTEST: Johm~. DaBo~e This Ordinance pms~ed by the City Oouncil as the govern, ing body of the ~ity. of 21ainview, Ea~le?~eunty, T.exas, in it~ third mud ~final reading on this the itth clay'of April, A.D. 1941. John ~. DuBose ATTEST: STATE 0~ TEXA~ 0ITY 0~ P~VIEW COUNTY O:~ HA~ ~e, the undersigned Nayor a~ ~ity Secretary of the Oily tha~ the. Ordinance No extending the term of the franchise grau~ed ~to the ~est ' · NO, E64 so aS tha~ the said franchise wilt terminate E0th da~ of June, 195E, and for the payment efa £ran~hise tax or ~entml charge, and that such Ordinance No, 471 WaS ~u~ly~ ~emd, approved and passed as required by the City 0harter-~ of said City ~d the 'un~der~igne~or au~ and attested by the~nders~ ~this the ('SEAL) John P. DuBose ~or, city Texas. ATTEST: