ORDINANCE NO. 2023-09 TO AMEND AND REENACT SECTIONS 3-2001 GRANTEE ENGAGED. 3-2002 GRANT OF FRANCHISE AND SECTION 3-2005

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ORDINANCE NO. 2023-09 TO AMEND AND REENACT SECTIONS 3-2001 GRANTEE ENGAGED. 3-2002 GRANT OF FRANCHISE AND SECTION 3-2005

Postby City Clerk » Thu Oct 12, 2023 5:10 pm

ORDINANCE NO. 2023-09

AN ORDINANCE TO AMEND AND REENACT SECTIONS 3-2001 GRANTEE ENGAGED. 3-2002 GRANT OF FRANCHISE AND SECTION 3-2005 COMPENSATION OF THE GRANTOR

BE IT ORDAINED by the Mayor and Board of Aldermen of the City of Jeanerette, in regular session assembled,

That the Code of Ordinance of the City of Jeanerette, Sections SECTION 3-2001 3-2001, AND 3-2005 are hereby AMENDED and REENACTED to read as follows, to wit:

WHEREAS, the franchise ordinance was last adopted in 1995.
WHEREAS, the franchise grantee was Entex, a division of Noran Energy Corp a Delaware Corporation and now its successor is currently Centerpoint Energy Resources Corp., D/B/A Centerpoint Energy Louisiana Gas,
WHEREAS Centerpoint Energy Resources Corp. wishes to change the amount that the grantee shall pay to the City of Jeanerette.

BE IT THEREFORE ORDAINED, by the Board of Aldermen, City of Jeanerette, State of Louisiana, that the ordinance now read


Section 3-2001 Grantee Engaged in business in city

CenterPoint Energy Resources Corp., D/B/A CenterPoint Energy Louisiana Gas, authorized to do business and doing business in the State of Louisiana (hereinafter sometimes referred to as (“CenterPoint” or “Grantee”), is engaged in the sale, transporting, distributing, and supplying of gas in and through the City of Jeanerette, Louisiana (hereinafter sometimes referred to as “Grantor”), under the jurisdiction of the Louisiana Public Service Commission.


Section 3-2002 Grant of franchise

In consideration of the obligations of CenterPoint, its successors and assigns, as hereinafter set forth, that Grantee be and it is hereby granted, for a period of twenty-five (25) years, the right to construct, install, operate and maintain in this municipality, as now and hereafter constituted, pipelines and related facilities for the transportation, distribution and sale of gas (“Facilities”) and for such purposes to use, and excavate in, the public highways, bridges, streets, sidewalks, alleys, squares, commons, grounds and other publicly owned areas (“Public Rights-of-Way”). This franchise constitutes a permit to construct, remove, operate, and maintain the Facilities within the Public Rights-of-Way and to park vehicles in the streets and other Public Rights-of-Way when necessary for the construction, removal, operation, or maintenance of Facilities. Grantee and contractors performing work for Grantee shall not be required to obtain any permits in addition to this franchise or to pay any fee in addition to the fee stated below in order to perform such work or to park within the streets and other Public Rights-of-Way


Section 3-2005 Compensation of grantor

(a) In consideration of this grant, beginning on the date Grantee files its written acceptance of this ordinance and thereafter for as long as this ordinance remains in effect in accordance with its terms, Grantee shall pay to the City of Jeanerette, four and five tenths percent (4.5%) of Grantee’s gross receipts from gas sales to residential and commercial customers located inside the city limits. Amounts due hereunder shall be computed quarterly for periods ending March 31, June 30, September 30 and December 31, and payments shall be made within thirty (30) days after the expiration of the quarter with respect to which payment is due.


BE IT FURTHER ORDAINED, that all ordinances and resolutions in conflict herewith are hereby repealed.


This Ordinance shall take effect on after it is accepted by Grantee by written notice, delivered or mailed to the Mayor within 90 days after the date of its passage and publication as required by law.

This Ordinance was introduced on the 11th , day of September 2023, by Alderman Bourgeois and second by Alderwoman Clay notice of public hearing having been posted on 9-12- 2023, said public hearing having been held on Monday October 9, 2023, the title having been read and the ordinance considered, on motion of Alderman Bourgeois, whom moved its adoption, seconded by Alderwoman Moore, and upon roll call was adopted by its title, section by section, and as a whole, by the following yea and nay vote:

Yeas: Alderwoman Clay, Alderwoman Moore, Alderman Bourgeois, Alderwoman Simmons, Alderman Duplechain
Nay: None
Absent: None
Abstain: None

This Ordinance was thereupon declared adopted by Mayor and was approved and signed by him and attested by the City Clerk and the corporate seal of the City of Jeanerette affixed hereto on this 12th day of October 2023.

CITY OF JEANERETTE



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