1990-108ORDINANCE NO. 0 D O
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SECTION II OF
THE FRANCHISE GRANTED TO LONE STAR GAS COMPANY BY ORDINANCE NO. 82-
56 TO PROVIDE FOR AN AMENDED FRANCHISE FEE TO BE PAID BY LONE STAR
GAS COMPANY FOR THE USE OF THE PUBLIC STREETS; AND DECLARING AN
EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. As of the effective date of this amendatory
ordinance, and upon acceptance by Lone Star Gas Company of the
provisions hereof, Section II of the aforesaid captioned franchise
ordinance enacted on July 20, 1982, shall be changed to substitute
a three percent (3%) gross receipts fee for the use of streets and
alleys instead of two percent (2%), as now provided in said
section. The other provisions of Section II shall remain un-
changed.
SECTION II. The terms and provisions of this amendatory
ordinance shall be deemed to be severable, and if the validity of
any section, sentence, clause or phrase of this amendatory
ordinance should be declared to be invalid, the same shall not
affect the validity of any other section, sentence, clause or
phrase of this amendatory ordinance.
SECTION III. Except as heretofore and hereinabove changed and
amended, the terms, provisions, conditions and requirements of the
aforesaid franchise ordinance shall remain in full force and
effect.
SECTION IV. This amendatory ordinance shall become effective
thirty (30) days after its final passage and approval; pending such
time the full text of this ordinance shall be published one each
week for three consecutive weeks in the Denton Record-Chronicle,
the official newspaper of the City of Denton, Texas.
Only gas sold by the Company after the effective date of this
Ordinance shall be assessed at three percent (3%). The payment
made for gas sales prior to the effective date of this ordinance
shall remain at two percent (2%).
Lone Star Gas Company shall file its written acceptance of
this amendment to the franchise ordinance with the office of the
City Secretary of the City of Denton within thirty (30) days after
its effective date and this ordinance shall be of no force and
effect if not accepted within said period.
PASSED AND APPROVED on first reading this the day of
1990.
PASSED AND APPROVED on second reading this the 7 day of
1990.
PASSED AND APPROVED on third reading this the day of
1990.
BOB CASTLEBERRY, MAYO
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY
APP ED A TO LEGAL FORM:
DEB A. DRAYOVITCH, CITY ATTORNEY
BY:
ACCEPTED:
LONE STAR GAS COMPANY, GRANTEE
BY : Jee,
TITLE•~~~~
ATTEST:
lonestar.2/7/19/90
PAGE 2
AMENDED FRANCHISE ACCEPTANCE
STATE OF TEXAS §
COUNTY OF DALLAS §
WHEREAS, there was finally passed and approved on August 7, 1990, Ordinance
No. 90-108 amending the Lone Star Gas Company franchise enacted by the City of
Denton, Denton County, Texas, on July 20, 1982, of record in the Minutes of the City
Council, to change the street and alley rental fee in Section 9 of said franchise, which is
recorded in Book of the Minutes of the City Council of said City; and
WHEREAS, Section IV of said amendatory ordinance provides as follows:
"SECTION IV: This amendatory ordinance shall become
effective thirty (30) days after its final passage and approval;
pending such time the full text of this ordinance shall be
published one each week for three consecutive weeks in the
Denton Record-Chronicle, the official newspaper of the City of
Denton, Texas.
Only gas sold by the Company after the effective date of this
Ordinance shall be taxed at three percent (3%). The payment made
for gas sales prior to the effective date of this ordinance shall remain
at two percent (2%).
Lone Star Gas Company shall file its written acceptance of this
amendment to the franchise ordinance with the office of the City
Secretary of the City of Denton within thirty (30) days after its
effective date and this ordinance shall be of no force and effect if not
accepted within said period.
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 IV
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 IV quoted above, does hereby accept the provisions of
the above amendatory Ordinance, No. 90-108 in accordance with its terms provisions,
conditions and requirements, and subject to the stipulations and agreements therein
contained.
WITNESS THE EXECUTION THEREOF, on this the ~ 2 a
- 6C-P-rrMgc->2 , 19ja.
ATTEST:
Assistant Secretary
STATE OF TEXAS
COUNTY OF DENTON
CITY OF DENTON
day of
LONE STAR GAS COMPANY, A
DIVISION OF
ENSERCH CORPORATION
Vice-PI-r ident
I B L'06QM5 ~ , City Secretary of the City of Denton, Texas, do
hereby certify that the above and foregoing is a true and correct copy of a formal
acceptance of Ordinance No. 90-108 finally passed and approved by said City on
August 7, 1990, and of record in Book of the Minutes of the City; and I do
further certify that said acceptance has been duly presented to the City Council and filed
in connection with and as a part of said amendatory ordinance.