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O-75-12-67�5 AN ORDINANCE AMENDING AND CHANGING A FRANCHISE ORDINANCE ENACTED BY THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON DECEMBER 24, 1953, OF RECORD IN THE MINUTES OF THE BOARD OF ALDERMEN, BOOK 1, PAGE 15, AND BEING STYLED, "AN ORDI- NANCE GRANTING TO LONE STAR GAS COMPANY, A CORPORATION, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO FURNISH AND SUPPLY GAS TO THE GENERAL PUBLIC IN THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND THE ENVIRONS THEREOF; FIXING RATES AND CHARGES FOR NATURAL GAS AND GAS SERVICE; PRO- VIDING FOR THE PAYMENT OF A FEE OR CHARGE FOR THE USE OF THE STREETS, ALLEYS AND PUBLIC WAYS, APED PROVIDING THAT IT SHALL BE IN LIEU OF OTHER FEES APED CHARGES, EXCEPTING AD VALOREM TAXES," SO AS TO STRIKE THEREFROM THE FIRST SENTENCE OF SECTION 9 AND SUBSTITUTE IN LIE$ THEREOF A NEW FIRST SENTENCE OF SECTION 9 PROVIDING FOR THE PAY- MENT OF A CERTAIN RENTAL FEE OR CHARGE BY LONE STAR GAS COMPANY, ITS SUCCESSORS AND ASSIGNS, FOR THE USE OF THE STREETS, ALLEYS AND PUBLIC WAYS OF CITY. M:}�yZ�);L7:11�\IR17)'�:I,i:'.N:F,71IHy:�F,5�1:+u1a�Pi�Sa�ii :I�NG➢'L�]aI:�FFM�1�Y�r:1:6y7 SECTION 1. From and after the effective date of this amendatory ordinance, and upon acceptance by Lone Star Gas Company of the provisions hereof, the first sentence of Section 9 of the aforesaid ordinance enacted on December 24, 1953, shell be stricken, cancelled and nullified, and there is substituted in lieu thereof a new first sentence of Section 9 reading as follows: "SECTION 9• Company, its successors and assigns, agrees to pay and City agrees to accept, on or before the lst day of July, 1967, a awn of money which shall be equivalent to two percent (2,%,) of the gross receipts received by Company from the sale of gas to its domestic and commercial consumers within the city limits of said City (expressly excluding, however, receipts derived from sales to industrial and governmental users and consumers in said City) for the pre- ceding calendar year and on or before the lst day of July, 1968, a sum of money which shall be equivalent to two per- cent (2,%) of the gross receipts received by Company from the sale of gas to its domestic and commercial consumers within the city limits of said City (expressly excluding, however, receipts derived from sales to industrial and governmental users and consumers in said City) for the period January 1, 1967, to May 31, 1967, and four per- cent (4%) of said gross receipts for the period from June 1, 1967, to December 31, 1967, and on or before the 1st day of July, 1969, and on or before the same day of each succeeding year during the life of this franchise, up to and including the year 1978, a sum of money which shall be equivalent to four percent (4$) of the gross receipts received by Company from the sale of gas to its domestic and commercial consumers within the city limits of said City (expressly excluding, how- ever, receipts derived from sales to industrial and governmental users and consumers in said City) for the preceding calendar year, which annual payment shall be for the rights and privileges herein granted to Company, including expressly, without limitation, the right to use the streets, alleys and public ways of said City, and which annual payment is fixed and determined to be the reasonable, adequate and complete compensation for all the rights and privileges herein granted." SECTION 2. Except as hereinabove changed and amended, the terms, provisions, conditions and requirements of the aforesaid franchise ordinance, as enacted on December 24, 1953, shall remain in full force and effect. The enactment of this amendatory franchise ordinance shall not affect the existing rates and charges presently being charged for natural gas and natural gas service in said City. SECTION 3. This ordinance shall become effective if Company files its written acceptance of the provisions of this ordinance within thirty (30) days after its final passage and approval by this City, and upon acceptance, the provisions hereof shall be binding upon City and Company, its successors and assigns. PASSED AND APPROVED this _ day of 1967. ATTEST: City Secretary Mayor City of Allen, Texas -2- STATE OF TEXAS § § COUNTY OF COLLIN § I, , Secretary of the City of Allen, Collin County, Texas, do hereby certify that the above and foregoing is a true and correct copy of an ordinance passed by the Board of Alermen of the City of Allen at a session held on the day of , 1967, as it appears of record in the Minutes of said Board, in Book , page _. WITNESS MY HAND AND SEAL OF SAID CITY, this the day of , A.D. 1967. ^— Secretary City of Allen, Texas -3-