In granting this franchise neither the grantee, nor the city
shall in any manner waive its regulatory or other rights and powers
under and by virtue of the laws of the State of Texas as the same
may be amended, nor any of its rights or powers under or by virtue
of present or future ordinances of the City of McAllen, Texas, and
it is expressly provided that nothing herein shall impair the right
of the city of [or] the grantee, to fix, within constitutional and
statutory limits, a reasonable price to be charged for natural gas,
or to provide and fix a scale of prices for natural gas to be charged
by the grantee to residential consumers, large residential consumers,
domestic consumers, commercial consumers, industrial consumers or
to any combination of such consumers within the territorial limits
of said city as same now exist or as such limit may be extended from
time to time hereafter.
(Ordinance 1975-35, § 1,
adopted 7/21/1975; Ordinance
1997-79, § I, adopted 9/9/1997)
(a) The
grantee shall not charge or receive any higher rate for natural gas
furnished by it for any domestic residential consumer, large residential
consumer, domestic consumer, commercial consumer, industrial consumer
or any combination thereof within the city limits, as same now exist
or as such limit may be extended from time to time hereafter, than
the rate fixed by the Railroad Commission of Texas, Gas Utilities
Division, by order heretofore made or any orders hereafter made.
(b) Grantee
shall be entitled to require from each and every consumer of gas,
before gas service is commenced, a deposit of twice the amount of
an estimated average monthly bill, which said deposit may be retained
by grantee until service is discontinued and all bills therefor have
been paid. Grantee shall then return said deposit to the consumer,
together with four per cent interest thereon from the date of said
deposit up to the date of discontinuance of service. Grantee shall
be entitled to apply said deposit, with accrued interest, to any indebtedness
owed grantee by the consumer making the deposit.
(Ordinance 1975-35, § 1,
adopted 7/21/1975; Ordinance
1997-79, § I, adopted 9/9/1997)
Any class of consumer.
(Ordinance 1975-35, § 1,
adopted 7/21/1975; Ordinance
1997-79, § I, adopted 9/9/1997)
This ordinance shall continue and remain in force until January
1, 2001.
(Ordinance 1971-15, § 1,
adopted 5/3/1971; Ordinance
1997-79, § I, adopted 9/9/1997)
The grantee, by accepting or acting under this grant, shall
pay to the City of McAllen, as a franchise tax and as compensation
for the rights and privileges enjoyed hereunder, during the life of
this grant, two per cent of its gross income derived from all sales
of gas for consumption within the City of McAllen, Texas until March
6, 1977 or upon grantee charging and receiving a higher rate, subsequent
to May 1, 1971, for natural gas furnished by it for any domestic consumer
within the city limits, or a [as] such time as company pays four per
cent gross receipts tax in any of the other 26 towns and cities served
by the company in the Rio Grande Valley, whichever is the earliest;
at which time grantee shall pay to the City of McAllen as a franchise
tax and as compensation for the rights and privileges enjoyed hereunder
during the remaining life of this grant four per cent of its gross
income derived from all sales of gas for consumption within the City
of McAllen, Texas. Such payment shall be based on receipts for each
12-month period ending December 31st and payment shall be made on
or before February 1st of each and every year, beginning February
1, 1953. This tax shall be in lieu of all other franchise, license
or occupation taxes, levies, rentals or charges which may be levied
or attempted to be levied by the said City of McAllen, Texas. The
city commission may, when it may see fit, have the books and records
of grantee examined by a representative of the city to ascertain whether
such statement and tax is accurate, but nothing in this ordinance
shall be construed to prevent the city from ascertaining the facts
by any other legal method. Nothing herein shall, or shall be construed
to exempt the grantee from the payment of ad valorem taxes to said
city upon its physical properties within said City of McAllen.
(Ordinance 1971-15, § 1,
adopted 5/3/1971; Ordinance
1997-79, § I, adopted 9/9/1997)
Should the grantee apply for any change or increase in the rates
being charged, such application concerning proposed rates shall include
an agreement by the grantee to reimburse the city within 30 days for
the city's expenses as follows:
(a) Reasonable
fees and expenses for any independent study and evaluation by consultants,
engineers, or others employed by the city in its discretion to study,
report, and to testify concerning or evaluating the proposed rate
before the city, any agency of the state, or in any court; and
(b) Pay
the reasonable fees and expenses of an attorney employed by the city
in its discretion to represent the city and its interest and position
concerning the proposed rate before the city, any state agency, or
in any litigation concerning the proposed rate.
Rio Grande Valley Gas Company
Brownsville, Texas
February 18, 1952
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Hon. Mayor and Members of the Board of Commissioners, City of
McAllen
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McAllen, Texas
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Gentlemen:
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In accordance with sections 22 and 23 of the ordinance passed
and adopted by the board of commissioners of the City of McAllen on
February 4, 1952, and recorded in Ordinance Book #6, which ordinance
grants to Rio Grande Valley Gas Company the right, privilege and franchise
to distribute natural gas in the City of McAllen, Hidalgo County,
Texas, the Rio Grande Valley Gas Company hereby accepts said ordinance
and files this, its consent to, and written acceptance of, the provisions
and conditions of said ordinance.
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Yours very truly,
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RIO GRANDE VALLEY GAS COMPANY
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L.O. Vogelsang, Vice President
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W.H. Meredith, Asst. Secretary
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(Ordinance 1975-35, § 1,
adopted 7/21/1975; Ordinance
1997-79, § I, adopted 9/9/1997)