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Home My WebLink AboutORD 1343 Amending Ordinance 733 relating to HL&P Franchise Agreement and Fee 073 Ll ,'('!f~1~;.,":'i!; ?ORDINANCE NUMBER 1343"") "",~" AN ORDINANCE AMENDING ORDINANCE NO. 733 OF THE CITY OF WEST UNIVERSITY PLACE5 TEXAS, WHICH ORDINANCE GRANTED A FRANCHISE TO HOUSTON LIGHTING & POWER COMPANY; INCREASING THE FRANCHISE FEE PAYABLE TO THE CITY ON A TEMPORARY BASIS; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. WHEREAS, a dispute has arisen between the City af West University Place5 Texas ("City") and Haustan Lighting & Pawer Campany ("Campany") cancerning the franchise fees paid by the Campany under its franchise with the City; and WHEREAS, the City and the Campany desire and have agreed to. settle and campramise the cantraversy between them with respect to. whether the franchise fee percentage shauld have been applied to. the Campany's grass receipts includinQ franchise fee surcharges ar to. the Campany's grass receipts excludin franchise fee surcharges far the periad priar to. March 1, 1985 the "Disputed Calculatian"); , I , ,"', ~: ".t '. . j : ", . ~ . ( I . ' ,', ... '..,.. . NOW THEREFORE5 :-..,,) .: o , , , c'B'E H::'Q.RDAINED BY THE CITY :'COUNCIt"OF THE TITY OF 'WEST UNIVERSITY PLACE, TEXAS: _.:.: ~ ~.;:::: Ll "" ,Sectian ,-1.- ' Ordinance No....7335 adapted January 13, 1958 (IFra.nC'hise,'OY'd'inance") afthe 'City granted a franchise to. the"" Campany. The Franchise Ordinance is hereby amended as fallaws: On ar befare the fifteenth (15th) day af FebruarY5 19905 in additian to. all ather payments to. be made to. the, City under, the Franchis,e Ordi nance 5 the Campa ny, s:hall pay to. the City the additianal .sum,:o.f 0.91979% af the grass receipts! exclusi,ve af recei.pts far streetl.ighting5 ,received by the Campany fram its electrical lighting and pawer sales far cansumptian within'the carparate limits af the CitY5 during the periad cammencing with the Campany's June5 1989 billing manth thraugh the Campany',s Decemben 1989 billing manth,unadjusted fa,r the revenue-related effect af the additianal f~anchi5e fee pravided for in this Sectian. The Campany shall receive a dallar-far-dallar credit far the amaunt it pays far publicatian af this ardinance as required by the City's Charter. Sectian 2. 'Thisardinance is being passed by the City and accepted by the Campanyin full settlement af all autstanding issues between the City and the Campany with respect to. the Disputed Calculatian5 and the CitY5 subject to. Sectian 4 hereaf and subject to. receipt af fu 11 payment o.f amaunts due under Secti an 15 hereby releases5 acquits5 disclaims'antl farever discharges the:Campany of and fram any and all claims5 demands and causes af actian which the City may have relating to. the Disputed Calculation; in other words5 the City gives' up its claim for 4% of the franchise fee surcharges an the reported grass receipts far the perio.d prio.r to. March 15 1985. .' 1I,IllIllLJ It I JlJJiE:I_ LlliJ I' II 1 l :' ,Lj Ordinance Number 1343 Section 3. The City in passing this ordinance and the Company in accepting this ordinance make no admission of liability of any sort and specifically preserve their respective arguments and positions concerning the Disputed Calculation. Section 4. In the event any regulatory authority having jurisdiction should enter an order disallowing the Company's recovery of the' a'd'di,t'i 6na r payment ptbVi d~d: ~TOr ::i n !Se'Ctfon Ihe:reof; :lfny amounts paid to the City hereunder shan be credited against the Compa-:ny.s next occurring franchise fee payment and, notwithstanding Section 2. hereof. the Company and the City shall thereafter be entitled to pursue any claim. demand or cause of action which they may have conGerri~ng the Disputed Calculation. The Company agrees to use its best efforts to prevent any such disallowance and to secure any necessary regulatory approvals. .I~ ; Section 5. After the Company's December, 1989 billing month, franchise fee payments to the City shall be in such amounts as may be provided for in the Franchise Ordinance, without the additional franchise payment provided for in Section 1 above. Section 6. Except as amended by this ordinance. the Franchise Ordinance is ratified and confirmed and shall remain in full force and effect. This ordinance shall take effect immediately upon its adoption and signature by the City and acceptance by the Company. The Company must accept this ordinance substantially in the same manner and in the same time as was required for the acceptance of the Franchise Ordinance. Section 7. All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. Section 8. The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this ordinance was discussed, constde-red ,ar :ac1ted -:uponwa's,;'gi-v'e:nci'n'lthe manner required :by"the,Open Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17. as amended" (~ and that each such meeting has been open to the public as required by 1 aw '(at! a H"tinies'duririg'such' di'scuss'ion; "consi derati on ,and acti on. The City Council ratifies, approves and confirms such notices and.:the". contents and posting thereof. '. , :,: PASSED AND .APPROVED ON /PI RST READI NG, thi s 24 th day of. April , 1989~ Councilmembers Voting Aye: Mayor Parks, Councilmembers Bryan, Bell, Britton Councilmembers Voting No: Councilmember Schwartzel Councilmembers Absent: None 074 -1 '-----J I I I , ~) I ~ I' I I I [l Ordinance Number 1343 ; \, 0'75 PASSED AND APPROVED ON SICOND READING, this 8th day of May . 1989. Councilmembers Voting, Aye: Councilmembers Voting No: Councilmembers Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton Councilmember Schwartzel None PASSED AND APPROVED ON THIRD BUT NOT FINAL READING, this 22nd, day of May , 1989. Councilmembers Voting Aye: Mayor Higley, Councilmembers Bell, _'1 ,1. ., . ":-, . Jehk;:ns~ 'Redeker, Watson' ,.. ','" Councilmembers Voting No: None ". h ' ".:CouncUmembers Absent:' None"" ' -r,)\! PASSED AND APPROVED ON FOURTH AND FINAL READING, this 8th day~f... .. . June ",~989. ! :_l""i: r~. .' I I , ~ . I I Councilmembers V~ting Aye: Councilmembers Voting No: Councilmembers Absent: ATTEST: Audrey Nichols City Secretary r" ~ , " <-- I Signed: ,,; Laura C. Higley, Mayor Approved as to Form: !..':. ..! " !",{-" L., .. ' , ",: ';,-. t.,' \,-: . ,:.' ! ........ ~ ~rrT1- ir.:! II I I IILI,.!I,n James L. Dough'ert:Y";..Jr. City Attorney I" , :t. ::"nil11!IllI!mtlt Fin:~-'i m:ri1l1imM'ir