Ord 29-2008 5/6/2008 { �
ORDINANCE NO. 29-2008
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, 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; FINDING AND DETERMINING THAT THE
MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS 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 WICHITA FALLS, 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 (5%) percent 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 on 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 Clerk in substantially the following form:
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To the Honorable Mayor and City Councii:
Atmos Energy Corporation, acting by and through the
undersigned authorized officer, hereby accepts in all
respects, on this the day of
, 2008, Ordinance No.
, amending the current gas franchise
between the City and Atmos Energy Corporation.
Atmos Energy Corporation
By:
Vice President, Mid-Tex Division
SECTION 4. 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. 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 was passed was open to the public as required by law.
PASSED AND APPROVED this the 6 th day of May, 2008.
MAYOR
ATTEST:
it Clerk