ORD 572 08/27/2002ORDINANCE NO. t Ina_l
AN ORDINANCE GRANTING RELIANT ENERGY ENTEX, A DIVISION OF RELIANT
ENERGY RESOURCES CORP., ITS SUCCESSORS AND, ASSIGNS, THE RIGHT,
PRIVILEGE AND FRANCHISE FOR A PERIOD OF TEN (10) YEARS TO CONSTRUCT,
LAY, MAINTAIN, OPERATE, EXTEND, REMOVE, REPLACE AND REPAIR A
SYSTEM OF PIPELINES, GAS MAINS, LATERALS AND ATTACHMENTS AND ALL
DESIRABLE INSTRUMENTALITIES IN, UNDER, OVER, ACROSS AND ALONG ANY
AND ALL STREETS, AVENUES, PARKWAYS, SQUARES, ALLEYS AND ALL OTHER
PUBLIC PLACES IN THE CITY OF CDIOLO, GUADALUPE COUNTY, TEXAS FOR
THE PURPOSE OF TRANSPORTING, DISTRIBUTING, SUPPLYING AND SELLING
GAS (NATURAL AND/OR ARTIFICIAL AND/OR MIXED) FOR HEATING, LIGHTING,
POWER, AND FOR ALL OTHER PURPOSES FOR WHICH GAS MAY BE USED, TO
THE SAID MUNICPALITY AND ITS INHABITANTS AND OTHERS; PROVIDING
CONDITIONS CONTROLLING THE USE OF PUBLIC THOROUGH -FARES AND
EXTENSIONS THEREIN; ESTABLISHING STANDARDS OF SERVICE; PROVIDING
FOR PAYMENT OF TWO PERCENT (2%) OF THE GROSS RECEIPTS FROM THE
SALE OF GAS TO CUSTOMERS WITHIN SAID MUNICIPALITY; PROVIDING FOR
ACCEPTANCE; PROVIDING A SEVERABILITY CLAUSE; MAKING
MISCELLANEOUS PROVISIONS; AND REPEALING ALL ORDINANCES IN
CONFLICT HEREWITH.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS:
SECTION 1. The City of Cibolo, Guadalupe County, Texas, (herein called "Grantor") does
hereby grant unto Reliant Energy Entex, a division of Reliant Energy Resources Corp., its successors and
assigns (herein called "Grantee") the right, privilege, and franchise to construct, lay, maintain, operate,
use, extend, remove, replace and repair in, under, over, across, and along any and all of the present and
future streets, avenues, parkways, squares, alleys, thoroughfares, roads, highways, sidewalks, viaducts,
bridges, streams, public grounds, public properties, and other public places in Cibolo, Texas, and in all
tracts, territories, and areas hereafter annexed to or acquired by and placed within the corporate
boundaries of said municipality, a system, of pipes, pipelines, gas mains, laterals, conduits, feeders,
regulators, meters, fixtures, connections, and attachments and other desirable instrumentalities and
appurtenances necessary or proper, for the purpose of transporting, distributing, supplying and selling gas
(natural and/or artificial and/or mixed) for heating, lighting, power and for any other purpose for which
gas may now or hereafter be used, in and to said municipality and its inhabitants or any other person or
persons within or without the corporate boundaries of said municipality.
SECTION 2. Grantee's property shall be so constructed and maintained as not to interfere
unreasonably with traffic over the public thoroughfares of said municipality and the same shall be laid in
accordance with the lines, grades, and conditions established by Grantor.
SECTION 3. Grantee shall not be required to run or extend any gas mains or service lines
comprising a part of its distribution system a distance exceeding one hundred (100) feet of pipe, not to
evreeJi n diameter of twn !21 inches_ in nrder to hring gas service to the nronerty line of each additional
regulations as Grantee may make from time to time. Grantee may require reasonable security for the
payment of its bills.
SECTION 5. In consideration of the rights and privileges herein granted, Grantee agrees to
pay to the Grantor quarterly during the continuance of this franchise a sum of money equal to two percent
(2%) of the gross receipts for the preceding calendar quarter received by the Grantee after the effective
date of this franchise from the sale of natural gas by Grantee to its customers within the corporate limits
of the Grantor. Payments hereunder shall be calculated on the basis of gross receipts from the sale of
natural gas delivered to customers within the corporate limits of Grantor, and shall be payable on or
before the first (15) day of February, May, August and November following the end of the calendar
quarter for which payment is made, beginning with the first such date next following the effective date of
this franchise and each and every calendar quarter thereafter; provided, however, the fust such payment
shall be prorated as necessary to reflect only those gross receipts received by Grantee after the effective
date of this franchise. Upon receipt of the above amount of money, the City Secretary shall deliver to
Grantee a receipt for such amount.
Upon request of the Grantor, Grantee shall present to it any and all records, accounts and books
for inspection relative to the gross receipts of Grantee within the corporate limits of the Grantor.
The consideration hereinabove set forth shall be paid and received in lieu of any license, charge,
fee, street or alley rental or other character of charge for use and occupancy for the streets, alleys and
public places within Grantor, and in lieu of any pipe tax or inspection fee or tax, but shall not in anywise
increase or diminish Grantee's obligation to pay the Grantor ad valorem taxes or anywise interfere with
collection thereof.
Any special taxes, rentals or other charges accruing after the effective date of this franchise,
under the terms of any preexisting ordinance or imposed upon Grantee by subsequent action of the
Grantor shall, when paid to the Grantor, be applied as a credit to the amount owed to the Grantor under
the terms of this franchise agreement.
Any payment made by Grantee pursuant to this ordinance shall be deemed final and correct as to
both Grantor and Grantee unless questioned within two (2) years after the date of such payment.
SECTION 6. If the Legislature of the State of Texas amends the ceiling on utility gross
receipts payments to municipalities established by Tex. Tax Code § 182.025, then Grantor may
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Grantee to fully recover through its rates effective within the corporate limits of Grantor any increase in
amounts payable to Grantor resulting from such change.
SECTION 7. Grantee shall hold Grantor harmless from all expenses or liability for any
unlawful or negligent act of Grantee hereunder.
i
SECTION 8. Nothing herein contained shall ever be held or considered as conferring upon
Grantee and its successors and assigns any exclusive rights or privileges of any nature whatsoever.
SECTION 9. All ordinances and parts of ordinances in conflict herewith are hereby repealed.
SECTION 10. Provided Grantee files a written acceptance of this franchise with Grantor within
one hundred -twenty (120) days after final passage of this Ordinance, this franchise shall take effect and
continue and remain in effect for a primary term of ten (10) years from and after the date of this
Ordinance; and, at the end of the primary tern, this franchise shall automatically renew itself for a
maximum of two successive ten (10) year periods unless Grantee or Grantor'shall provide written notice
to the contrary to the other at least ninety (90) days prior to the expiration of the primary term or any
succeeding ten (10) year renewal term.
SECTION 11. If any provision, section, subsection, sentence, clause, or phrase of this
ordinance is for any reason held to be unconstitutional, void, or invalid (or for any reason unenforceable),
the validity of the remaining portions of this ordinance shall not be affected thereby, it being the intent of
the Grantor in adopting this ordinance that no portion hereof or provision or regulation contained herein
shall become inoperative or fail by reason of any unconstitutionality or invalidity of any other portion,
provisions or regulation, and to this end, all provisions of this ordinance are declared to be severable.
Read in full, and passed and adopted at a regular meeting of the City Council of Cibolo, Texas,
on the (-9 1 day of 2000 and approved by the Mayor.
APPVED:
U11�
"tkK
MAYOR OF TJAk CIff OF
CIBOLO, TEXAS
ATTEST:
SECRETARY OF CIB O, T S
THE STATE OF TEXAS
COUNTY OF GUADALUPE
I, the duly appointed, qualified and acting City Secretary of Cibolo, Texas, do hereby certify that
the above and foregoing ordinance was read in full, and passed and adopted by the City Council of said
Cibolo, Texas, at a regular meeting of the City Council held on the 69 day of
Uc� l) SC 200 rthat written notice of the date, place and subject of said meeting was
posted on a bulletin board located at a place convenient to the public in the City Hall for at least 72 hours
preceding the day of said meeting; that the `'Mayor �uo Qp--Q�t—
and finve/1 (5) Councilmembers �YV1��+1 GUS
e T� �0./f�Y�n� c�lOLr�n 1� , (� t G YY�S and
fi LJMp n were present at said meeting and acted as the Council throughout; that
the same has been signed an approved by the Mayor and is duly attested by the City Secretary; and that
the same has been duly filed with the City Secretary and recorded by the City Secretary in full in the
books kept for the purpose of recording the ordinances of the City of Cibolo.
EXECUTED under my hand and the official seal of the City of Cibolo, Texas, at said City, this
the day of U -c= 200a.
Ci Secretary of Cibolo, Texas
[SEAL]
TO THE CITY OF CIBOLO, TEXAS:
Reliant Energy Entex, a division of Reliant Energy Resources Corp., for itself, its successors and
assigns, hereby accepts the above and foregoing ordinance and agrees to be bound by all of its terms and
provisions.
Dated this the /tO day of 200 !i.
RELIANT ENERGY ENTEX, A DIVISION OF
RELIANT ENERGY RESOURCES CORP.
Rick Zapalac, Vice President General Manager 994gdpt
South Texas Division
NOTE TO THE CITY SECRETARY:
Please do not complete the certificate below until an officer of Reliant Energy Entex, a division of
Reliant Energy Resources Corp., has executed the Acceptance above.
THE STATE OF TEXAS
COUNTY OF GUADALUPE
I, the duly appointed, qualified and acting City Secretary of Cibolo, Texas, hereby certify that the
above and foregoing Acceptance was received and filed in the office of the City Secretary of Cibolo, Texas
on the v� day of
[S.EAL] --