HomeMy WebLinkAboutOrdinances (O-09-1718)-06/02/2009ORDINANCE 0-09-1718
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS,
AMENDING ORDINANCE 0-08-1701, THE EXISTING GAS FRANCHISE BETWEEN
THE CITY AND ATMOS ENERGY CORPORATION, A TEXAS AND VIRGINIA
CORPORATION, ITS SUCCESSORS AND ASSIGNS, TO PROVIDE FOR A
DIFFERENT PAYMENT DATE, BASIS PERIOD, AND PRIVILEGE PERIOD;
PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR ACCEPTANCE BY
ATMOS ENERGY CORPORATION
', WHEREAS, the City of Colleyville City Council ("City") approved Ordinance 0-08-1701,'.
a franchise agreement with Atmos Energy Corporation ("Atmos Energy")'
', wherein payments would take place on a quarterly basis following the
privilege and basis quarter; and
WHEREAS, the City desires to amend said Ordinance to provide for a different
payment date, annual basis period, and annual privilege period.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1. THAT subsection 19(A) of Ordinance 0-08-1701 is hereby deleted in its entirety
and the following is substituted therefore:
"Sec. 19. Payments to the City
(A) In consideration of the privilege and license granted by City to
Company to use and occupy the public rights-of-way in the City for the
conduct of its business, Company, its successors and assigns, agrees to
pay and City agrees to accept such franchise fees in the amount and
manner described herein. Except as provided for in subsection (B) of this
section, such payments shall be made on an annual basis, on or before
the 1st day of April, 2009, and on or before the same day of each
succeeding year during the life of this franchise, the last payment being
made on the 1st day of April, 2023 for the privilege period of calendar year
2023. The franchise fee shall be a sum of money that shall be equivalent
to five percent (5%) of the gross revenues, as defined in the definition
section of this franchise, received by Company during the preceding
calendar year."
Sec. 2. THAT in all respects, except as specifically and expressly amended
herein, Ordinance 0-08-1701 shall remain in full force and effect
according to its terms until said Ordinance terminates as provided therein.
This amendment will not result in any loss of revenue to the City.
Ordinance 0-09-1718
Page 2 of 2
Sec. 3. THAT Atmos Energy shall file with the City Secretary its written
acceptance of this amendment within sixty (60) days after its final passage
and approval by City. If Atmos Energy does not file such written
acceptance of this amendment, it shall be rendered null and void.
Sec. 4. THAT this Ordinance shall not be recorded in length in the minutes of the
City Council, but shall be filed for permanent record in the Office of the
City Secretary.
Sec. 5. THAT if Atmos Energy accepts this ordinance, it becomes effective as of
April 1, 2009.
AND IT IS SO ORDERED.
The first readin and ublic hearin bein conducted on the ~ da of
9 p 9 9 ~~ Y
2009.
The second reading and public hearing being conducted on the ~ ~~ day of
2009.
ATTEST:
~~~
ynthia Singleton, TRMC, CMC
City Secretary
APPROVED AS TO FORM AND LEGALITY:
J, ~~~
~~
Matthew C. G. Boyle
City Attorney
CITY OF COLLEYVILLE
'~~
~~
Jon Ayers ,
"`°``Mayor Pro Tem