HomeMy WebLinkAboutOrdinance No. 02-1410
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 02-1410
ORIGINAL
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AN ORDINANCE AMENDING THE EXISTING GAS FRANCHISE
BETWEEN THE CITY OF THE COLONY AND TXU GAS COMPANY,
TO PROVIDE FOR A DIFFERENT CONSIDERATION AND TO
AUTHORIZE THE LEASE OF FACILITIES WITHIN THE CITY'S
RIGHTS-OF-WAY; ACCEPTANCE BY THE TXU GAS COMPANY;
PROVIDING AN EFFECTIVE DATE; FINDING AND DETERMINING
THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS
OPEN TO THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, TXU Gas Company (hereinafter called "TXU Gas") is, through its TXU
Gas Distribution division, engaged in the business of furnishing and supplying gas to the
general public in the City of the Colony (hereinafter called "City"), including the
transportation, delivery, sale and distribution of gas in, out of and through the City for all
purposes, and is using the public streets, alleys, grounds and rights-of-way within the City
for that purpose under the terms of a franchise ordinance heretofore duly passed by the
governing body of the City and duly accepted by TXU Gas; and
WHEREAS, the City and TXU Gas desire to amend said franchise ordinance to
provide for a different consideration and to authorize the lease of facilities within the City's
rights-of-way;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS: that
. SECTION 1 The existing gas franchise ordinance between the City and TXU Gas
Company is amended as follows:
A. Effective January 1, 2002, the consideration payable by TXU Gas for the
rights and privileges granted to TXU Gas by the franchise ordinance
heretofore duly passed by the governing body of this City and duly accepted
by TXU Gas is hereby changed to be four (4%) percent of the Gross
Revenues, as defined in Section 1.B. below, received by TXU Gas.
B. "Gross Revenues" shall mean all revenue derived or received, directly or
indirectly, by the Company from or in connection with the operation of the
System within the corporate limits of the City and including, without limitation:
1) all revenues received by the Company from the sale of gas to all
classes of customers of the City;
2) all revenues received by the Company from the transportation of gas
through the pipeline system of Company within the City to customers
located within the City;
3)
the value of gas transported by Company for Transport Customers
through the System of Company within the City ("Third Party Sales"),
with the value of such gas to be reported by each Transport Customer
to the Company, provided, however, that should a Transport
Customer refuse to furnish Company its gas purchase price,
Company shall estimate same by utilizing TXU Gas Distribution's
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To the Honorable Mayor and City Council:
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TXU Gas Distribution, a division of TXU Gas Company, acting by and through the
~nderSigned authorized officer, hereby accepts in all respects, on this the.2eff1 day of
4-~1j BFludry, 2003, Ordinance Number 02-1410 amending the current gas franchise
between the City of The Colony and TXU Gas and the same shall constitutes and be
a binding obligation of TXU Gas and the City of The Colony.
TXU Gas Distribution
A division of the TXU Gas Company
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By: L.:L.
Vice President
SECTION 4. It is hereby officially found and determined that the meeting at which
this Ordinance is passed is open to the public as required by law and that public
notice of the time, place and purpose of said meeting was given as required.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, this 20th day of January, 2003, at which meeting a quorum was present
and voting.
City of The Colony, Texas
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ernetta Henville-Shannon, Mayor Henville-Shannon
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Patti A. Hicks, City Secretary
APPROVED AS TO FORM:
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Aordon Hikel, City,J(ttorney
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