04-20-08-Ordinance-Amending the Atoms Gas Franchise-04/21/2008ORDINANCE NO #04-20-08
AN ORDINANCE AMENDING THE EXISTING GAS FRANCHISE BETWEEN THE CITY OF
SANGER, TEXAS 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 OF THE CITY OF SANGER,
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 on May 1, 2008. The 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. #04-20-08 amending the current gas
franchise between the City and Atmos Energy Corporation.
Atmos Energy Corporation
By <r
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 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 BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS, this the��L
day of Arki L- , 2008, at which meeting a quorum was present and voting.
oe Higgs, MAJ
ATTEST:
Rosalie Chavez, City Secret y
' APTROVED AS TO FORM: ''�.,TAX As
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City Attorney