HomeMy WebLinkAboutOrdinance No. 95-10 ..ii... wr, e � .
ORDINANCE NO. 95-10
AN ORDINANCE AMENDING CITY OF FRIENDSWOOD, TEXAS,
ORDINANCE NO. 85-22 , PASSED AND APPROVED THE 23RD DAY OF
SEPTEMBER, 1985, AND BEING AN ORDINANCE GRANTING TO
TEXAS-NEW MEXICO POWER COMPANY THE RIGHT, PRIVILEGE AND
FRANCHISE TO CONDUCT AN ELECTRIC UTILITY BUSINESS WITHIN
THE CITY, BY STRIKING ALL OF SECTION 7 THEREOF AND
SUBSTITUTING THEREFOR A NEW SECTION 7; PROVIDING FOR
PAYMENT TO THE CITY, AS CONSIDERATION FOR USE OF THE
CITY'S STREETS, EASEMENTS, AND RIGHTS-OF-WAY, AN AMOUNT
EQUAL TO THREE PERCENT (3%) OF THE GROSS RECEIPTS FROM
THE SALE OF ELECTRICITY WITHIN THE CITY; AND PROVIDING
OTHER MATTERS RELATING TO THE SUBJECT.
* * * * *
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
STATE OF TEXAS;
Section 1. City of Friendswood, Texas, Ordinance No. 85-22,
passed and approved the 23rd day of September, 1985, and being an
ordinance granting to Texas-New Mexico Power Company the right,
privilege and franchise to conduct an electric utility business
within the City, is hereby amended by striking therefrom all of
Section 7, which provides as follows:
[Section 7 . The Grantee shall report and pay during
January, April, July, and October of each year during the
term of this franchise ordinance a street rent equal to
two per cent (2%) of the gross receipts of the sale of
electricity only for residential and commercial electric
service, as classified by Grantee's tariff schedules,
within the corporate limits of the City for the next
preceding three months' period. The charge herein made
shall be in lieu of, to the extent permitted by law, any
other charges or fees of any kind by the City based on,
connected with, or incident to the exercise of the
nonexclusive right, privilege, and franchise herein
granted, but shall not interfere with collection of ad
valorem taxes by the City. ]
and substituting therefor a new Section 7 to provide as follows:
"Section 7 . The Grantee shall report and pay durinq
January, April, July, and October of each year during the
FWD\TEX-N EW M EX.ORD\0327 96
term of this franchise ordinance a street rental equal to
three per cent (3%) of the gross receipts of the sale of
electricity only for residential and commercial electric
service, as classified bY Grantee's tariff schedules,
within the corporate limits of the City for the next
preceding three months' period. The charge herein made
shall be in lieu of, to the extent permitted by law, anv
other charges or fees of any kind by the City based on,
connected with or incident to the exercise of the
nonexclusive right, privileae, and franchise herein
aranted, but shall not interfere with collection of ad
valorem taxes by the City. "
Section 2 . This amendment to City of Friendswood, Texas,
Ordinance No. 85-22 shall take effect the first day of the calendar
quarter following acceptance hereof by Grantee, which acceptance
shall be evidenced by the filing by Grantee with City Secretary the
following:
"To the City of Friendswood, Texas:
"The Company for itself, its successors and assigns,
hereby accepts the above and foregoing Ordinance, same
being an amendment to City of Friendswood, Texas,
Ordinance No. 85-22, and agrees to be bound by all of its
terms and provisions.
Texas-New Mexico Power Company
By: l�OtC • GL".� y���;l(v�
'li�E P�� l��:NT-tiEGiG�1�Al.C:;STO'f�F3 OFFtCEf�
DATED the ���day of /�i4`� , 1995. "
Section 3 . No provision of said City of Friendswood, Texas,
Ordinance No. 85-22 shall be deemed amended, revised, or otherwise
affected hereby except as specifically provided in Section 2
hereof.
PASSED AND APPROVED on first reading this 3rd day of
April 1995.
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FVYD\TEX-N EW M EX.ORD\032786 -2�
PASSED AND APPROVED on second reading this 17th day of
April , 1995.
PASSED, APPROVED, AND ADOPTED on third and final reading this
lst day of May , 1995.
.�
� �� �
Evelyn . Newman
Mayor
ATTEST:
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�
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Deloris McKen ie,
City Secretary
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