HomeMy WebLinkAboutOrdinance 3014ORDINANCE NO. 3014
AN ORDINANCE. AMENDING THE EXISTING GAS FRANCHISE
BETWEEN THE CITY AND ATMOS ENERGY CORPORATION TO
PROVIDE FORA 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, 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-ways 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, CITY OF NORTH
RICHLAND HILLS, TEXAS:
SECTION 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.
SECTION 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.
SECTION 3. THAT this ordinance shall take effect January 1, 2009. 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 No. 3014 amending the current gas
franchise between the City and Atmos Energy Corporation.
Ordinance No. 3014
Page 1 of 2
Atmos Energy Corporation
By
Vice President, Mid-Tex Division
SECTION 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.
SECTION 5. THAT the City shall provide a copy of this Ordinance to Mr. David Park, VP
of Rates and Regulatory Affairs, Atmos Energy Corp., 5420 LBJ Freeway,
Suite 1800, Dallas, Texas 75240, no later than ten (10) business days
after its final passage and approval.
SECTION 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.
PASSED AND APPROVED on this the 8th day of September 008.
~~.a~*"~C`H"~uq"'+~ur, CITY O ORT CHL ILLS
;.~ ~1 ................Np~i,~
~,`~: r .
c ~ n ~~~~ ~~y~~ By:
o: =.r Oscar Trevino, Mayor
~. '=~.TEST:
t/6..a
City Secretary
APPR D TO ORM AND LEGALITY:
Georg A. Staple ,City ttorney
AP OVED A T CONTENT:
Karen Bostic, Assistant City Manager
Ordinance No. 3014
Page 2 of 2
SIGNED
ATMOS Energy Corporation
Franchise
Agreement
Ordinance No. 3014
ORDINANCE NO. 3014
AN ORDINANCE. 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, 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-ways 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, CITY OF NORTH
RICHLAND HILLS, TEXAS:
SECTION 7. 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.
SECTION 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.
SECTION 3. THAT this ordinance shall take effect January 1, 2009. 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 u d rsigned
au orized officer, hereby accepts in all respects, on this the day of
~- 2008, Ordinance No. 3014 amending the current gas
franchise between the City and Atmos Energy Corporation.
Ordinance No. 3014
Page 1 of 2
Atmos Ene Corporation
By
Vice r sident, id- ex ivision
SECTION 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.
SECTION 5. THAT the City shall provide a copy of this Ordinance to Mr. David Park, VP
of Rates and Regulatory Affairs, Atmos Energy Corp., 5420 LBJ Freeway,
Suite 1800, Dallas, Texas 75240, no later than ten (10) business days
after its final passage and approval.
SECTION 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.
PASSED AND APPROVED on this the 8th day of September 008.
\~~`a~u`~~`HtLa"~uiu~r~y~ CITY O ORT CHL ILLS
~'~~ C1 ~~ y~ Mayor
of ~ Oscar Trevino,
~tTEST: h t' ~
O, ;: y~
%/f~U .r~~a'~
Pafr~{~i~n~~i, City Secretary
APPR D TO ORM AND LEGALITY:
Georg A. Staple ,City ttorney
AP OVED A T CONTENT:
Karen Bostic, Assistant City Manager
Ordinance No. 3014
Page 2 of 2