HomeMy WebLinkAbout1810 06-24-2008ORDINANCE NO. 1810
AN ORDINANCE AMENDING THE EXISTING GAS FRANCHISE
ORDINANCE NO. 1544 BETWEEN THE CITY OF EULESS AND ATMOS
ENERGY CORPORATION (FORMERLY TXU GAS) 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 OF THE CITY OF
EULESS, TEXAS, THAT:
SECTION 1
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
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
This ordinance shall take effect thirty (30) days from and after its final passage and
Company's acceptance. Company shall, within thirty (30) days from the passage 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 !bon throug the undersigned authorized officer,
hereby accepts in all respects, on this the day of 2008, Ordinance No. =1810
amending the current gas franchise between the City of Euless and Atmos Energy Corporation.
Atmos Energy
ZL
By ---Z zz
Vice President, Mid- Tex.Tdivision
SECTION 4
In all respects, except as specifically and expressly amended by this ordinance, Ordinance
No. 1544 heretofore duly passed by the governing body of the City shall remain in full force and
effect until said franchise ordinance terminates as provided herein.
SECTION 5
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
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.
PRESENTED AND APPROVED ON FIRST READING at a regular meeting of the Euless
City Council on the 13th day of May, 2008, by a vote of 6 ayes, 0 nays, and 0 abstentions.
PRESENTED AND APPROVED ON SECOND AND FINAL READING at a regular
meeting of the Euless City Council on the 24th day of June, 2008, by a vote of 7 ayes, 0
nays, and 0 abstentions.
APPROVED:
Mary Li Saleh, Mayor
ATTEST:
Susan Crim, TRMC, City Secretary
Ordinance No. 1810, Page 2 of 2
APPROVED AS TO FORM:
Bob McFarland, City Attorney