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ORDINANCE NO. 124, COMMISSION SERIES
AN ORDINANCE RENEWING THE EXISTING FRANCHISE OF GULF STATES UTILITIES COMPANY AND
GRANTING UNTO GULF STATES UTILITIES COMPANY, A CORPORATION ORGANIZED UNDER THE LAWS
OF THE STATE OF TEXAS, DOMICILED IN THE CITY OF BEAUMONT, TEXAS, BUT AUTHORIZED TO
DO AND DOING BUSINESS IN THE STATE OF LOUISIANA, AND TO ITS SUCCESSORS AND ASSIGNS,
FOR A PERIOD OF SIXTY (60) YEARS FROM SEPTEMBER 1, 1972, THE RIGHT, PRIVILEGE AND
FRANCHISE TO CONDUCT WITHIN THE CITY OF SULPHUR, LOUISIANA, AN ELECTRICAL LIGHTING
AND POWER BUSINESS UNDER THE JURISDICTION OF THE LOUISIANA PUBLIC SERVICE COMMISSION,
AND TO ENTER UPON, ERECT, CONSTRUCT, MAINTAIN, OPERATE, USE, EXTEND, REPAIR, REPLACE
AND REMOVE IN, UNDER, UPON, OVER, ABOVE, ACROSS AND ALONG ANY AND ALL THE PRESENT
AND FUTURE PUBLIC ROADS, HIGHWAYS, PARKS, STREETS, LANES, AND ALLEYS AND ANY OTHER
PUBLIC AREAS OF THE CITY OF SULPHUR AND OVER, UNDER, ABOVE, ALONG AND ACROSS ANY AND
ALL STREAMS CANALS, BAYOUS, EMBANKMENTS AND BRIDGES NOW OR HEREAFTER OWNED AND CONTROLLED
BY IT, A SYSTEM OF WORKS, UNDERGROUND CONDUITS, POLES, LINES, TOWERS, DISTRIBUTION
LINES, TRANSMISSION LINES, WIRES, GUYS, CABLES, CONDUITS, TRANSFORMERS AND OTHER DISTRIBUTION
AND TRANSMISSION INSTRUMENTALITIES, FACILITIES AND APPURTENANCES (INCLUDING TELEPHONE
AND TELEGRAPH POLES AND WIRES FOR SAID COMPANY'S OWN USE), NECESSARY OR PROPER FOR
THE GENERATION, TRANSMISSION, AND DISTRIBUTION OF ELECTRICITY INTO, IN, WITHIN, FROM,
ACROSS, AND THROUGH THE CITY OF SULPHUR AS NOW EXISTING OR AS SAID CITY LIMITS MAY
HEREAFTER BE EXTENDED; AND GRANTING GULF STATES UTILITIES COMPANY THE AUTHORITY TO
USE SUCH FOR THE PURPOSE OF GENERATION, TRANSMISSION, DISTRIBUTION, DELIVERY AND SALE
OF ELECTRICITY TO THE MUNICIPALITY AND TO THE INHABITANTS OF THE CITY OF SULPHUR,
AND TO ANY OTHER GOVERNMENTAL AGENCY, GOVERNMENTAL SUBDIVISION, PERSON, FIRM OR CORPORATION,
WHEREVER LOCATED WITHIN OR WITHOUT THE CITY LIMITS OF SULPHUR, TO BE USED BY SUCH
PURCHASER OR PURCHASERS, FOR LIGHTING, COOLING, HEATING, POWER OR ANY OTHER PURPOSE
OR PURPOSES FOR WHICH ELECTRICITY MAY BE USED; GRANTING TO COMPANY THE RIGHT TO ADOPT
REASONABLE RULES AND REGULATIONS, DEMAND DEPOSITS, CHARGE FOR INSTALLATION AND TO
PREVENT THE RESALE OF ELECTRICITY BY COMPANY'S CUSTOMERS; PROVIDING FOR THE PAYMENT
BY COMPANY TO SAID CITY OF SULPHUR, OF AN AMOUNT EQUAL TO: (1) FOUR AND ONE—HALF (4½%)
PER CENT FROM SEPTEMBER 1, 1972 TO AUGUST 31, 1982; AND, (2) FIVE (5%) PER CENT FROM
SEPTEMBER 1, 1982 TO AUGUST 31, 2032, OF THE GROSS RECEIPTS OF COMPANY FROM THE SALE
OF ELECTRICITY FOR RESIDENTIAL AND COMMERCIAL PURPOSES IN THE CITY OF SULPHUR, EXCEPT:
(1) THOSE RECEIPTS FROM THE SALE OF ELECTRIC ENERGY IN THE CITY OF SULPHUR FOR MUNICIPAL
WATER AND SEWAGE PUMPING, AND STREET LIGHTING REVENUES; (2) THOSE RECEIPTS OF REVENUES
FROM ANY OTHER SPECIAL RATES TO MUNICIPAL OR GOVERNMENTAL UNITS: (3) THOSE RECEIPTS
FROM REVENUES DERIVED FROM THE STATE OF LOUISIANA OR STATE AGENCIES; (4) THOSE RECEIPTS
FROM REVENUES DERIVED FROM SALES TO WHOLESALE CUSTOMERS FOR RESALE; AND, (5) THOSE
RECEIPTS FROM REVENUES DERIVED FROM CUSTOMERS CLASSIFIED AS "INDUSTRIAL" WHO CONTRACT
FOR 600 KW OR MORE WITHIN THE LIMITS OF THE CITY OF SULPHUR AS THE SAME MAY NOW OR
HEREAFTER LAWFULLY EXIST; PROVIDING FOR THE REPEAL OF ORDINANCE NO. 108, ENACTED ON
AUGUST 26, 1969, ON THE EFFECTIVE DATE OF THIS ORDINANCE; PROVIDING A SEVERABILITY
CLAUSE; GIVING CITY'S CONSENT TO THE CUTTING AND TRIMMING BY COMPANY OF CONFLICTING
TREES; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR THE ACCEPTANCE OF THIS FRANCHISE
ORDINANCE BY THE COMPANY.
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