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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