HomeMy WebLinkAboutOrdinances (O-08-1682)-06/03/2008DENIED JUNE 3, 2008
ORDINANCE 0-08-1682
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE
EXISTING GAS FRANCHISE BETWEEN THE CITY AND ATMOS ENERGY
CORPORATION TO PROVIDE FOR A DIFFERENT CONSIDERATION; PROVIDING
AN EFFECTIVE DATE; PROVIDING FOR ACCEPTANCE BY ATMOS ENERGY
CORPORATION; AND FINDING AND DETERMINING THAT THE MEETING AT
WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED
BY LAW
WHEREAS, Atmos Energy Corporation ("Company") is engaged in the business of
furnishing and supplying gas to the general public in the City of Colleyville
("City"), including the transportation, delivery, sale and distribution of gas
in, out of and through the City for all purposes, and is using the public
streets, alleys, grounds and rights-of-way within the City for that purpose
under the terms of a franchise ordinance duly passed by the governing
body of the City and duly accepted by Company or its predecessor in
interest; and
WHEREAS, the City and Company desire to amend said franchise ordinance to
provide for a different consideration.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1 THAT the consideration payable by Company for the rights and privileges
granted to Company by the franchise ordinance duly passed by the
governing body of this City and accepted by Company or its predecessor
in interest is hereby changed to be five percent (5%) of the Gross
Revenues, as defined in the franchise ordinance.
Sec. 2 THAT franchise payments shall be made on the dates prescribed in the
existing franchise and shall be for the rights and privileges of the
respective period during which the payment is made.
Sec. 3 THAT this ordinance shall take effect for all franchise fees from May 1,
2008. Company shall, within thirty (30) days from the receipt of this
ordinance, file its written acceptance of this ordinance with the Office of
the City Secretary, in substantially the following form:
To the Honorable Mayor and City Council:
Atmos Energy Corporation, acting by and through the undersigned
authorized officer, hereby accepts in all respects, on this the day of
2008, Ordinance amending the current
gas franchise between the City and Atmos Energy Corporation.
Ordinance 0-08-1682 !~
Page 2 of 2 '~,
Atmos Energy Corporation
By:
Vice-President, Mid-Tex Division
Sec. 4 THAT in all respects, except as specifically and expressly amended by
this ordinance, the existing franchise ordinance heretofore duly passed by
the governing body of the City shall remain in full force and effect.
Sec. 5 THAT the City shall provide a copy of this ordinance to Mr. David Park,
Vice President of Rates and Regulatory Affairs, Atmos Energy
Corporation, 5420 LBJ Freeway, Suite 1800, Dallas, Texas 75240, no
later than ten (10) business days after its final passage and approval.
Sec. 6 THAT it is hereby officially found and determined that the meeting at which
this ordinance is passed is open to the public as required by law and that
public notice of the time, place and purpose of said meeting was given as
required.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the day of
2008.
The second reading and public hearing being conducted on the day of
2008.
ATTEST:
Cynthia Singleton, TRMC, CMC
City Secretary
CITY OF COLLEYVILLE
David Kelly
Mayor
APPROVED AS TO FORM AND LEGALITY:
Matthew C. G. Boyle
City Attorney