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18-292ORDINANCE NO. 1$-292 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, A TEXAS HOME- RULE MUNICIPAL CORPORATION, PROVIDING FOR, AUTHORIZING, AND APPROVING THE EXECUTION BY THE CITY MANAGER, OR HIS DESIGNEE, OF PIPELINE TRANSPORATION AGREEMENT BETWEEN THE CITY OF DENTON AND ATMOS PIP$LINE — TEXAS, A DIVISION OF ATMOS ENERGY CORPORATION, A TEXAS AND VIRGINIA CORPORATION; ALLOWING THE PUBLIC TO INSPECT THE CONTR.ACT AS REDACTED; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas ("Denton") is a Texas home-rule municipal corporation governed by the constitution and laws of the State of Texas; and WHEREAS, the Pipeline Transportation Agreement ("Agreement") will provide terms and conditions by which Denton can have natural gas transported by Atmos Pipeline — Texas, a Division of Atmos Energy Corporation, a Texas and Virginia corporation ("Atmos") to the City's Alternative Fuel Facility located at ECOWERCS; and WHEREAS, after due notice of the public meeting was provided as required by law, the Agreement between Denton and Atmos was submitted for final consideration to the Denton Public Utilities Board on February 12, 2018; a majority of the Public Utilities Board ("PUB"), convened a Closed Meeting as permitted by law to discuss the Agreement; and thereafter in its Open Meeting proceeded to take final action and recommend to the City Council that the Agreement be recommended for approval by the City Council by a vote of seven (7) in favor to none (0) opposed; and WHEREAS, after due public notice being given, the City Council discussed, deliberated, and considered the Agreement in a Closed Meeting of the City Council on February 13, 2018, after receiving a legal opinion of counsel that the Agreement is a proper item for consideration in its Closed Meeting, and which contains a confidentiality provision which requires the City to keep the terms and conditions of the Agreement confidential and not to disclose them to any third party; and WHEREAS, the City Council has further determined and finds that the terms and conditions of the Agreement are confidential and not to be disclosed to any third parties and should be excepted from public disclosure; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The recitations contained in the above Preamble are incorporated herewith and are considered to be a part of this Ordinance. SECTION 2. The City Council, approves and authorizes the City Manager and City Secretary, or their designees, to execute and attest respectively, the Agreement between the City of Denton and Atinos as set forth in Exhibit "A" attached hereto and made a part hereof. SECTION 3. The City Manager, the City Attorney, or their designees, be, and each of them individually hereby is, authorized and empowereci to perform all such acts and obligations as required with respect to the Agreement described herein. SECTIONww4. Immediately following the execution and delivery of the Agreement, the City Secretary is directed to seal and maintain the same in her custody and control, as documents excepted from public disclosure unless otherwise lawfiilly ordered to disclose said documents. SECTION 5. This ordinance and a copy of Agreement, as redacted of confidential terms and conditions shall be open for public inspection and reproduction. The non-redacted Agreement shall not be produced for public inspection, but shall Ue sealed, as provided for in Section 4 above. SECTI.ONm 6. This ordinance shall become effective immediately upon its passage and approval. � ' PASSED AND AFPROVED this the ��r��'�day of February, 2018. P I � � � �, �I � I� �n� � �'^�•��. � i/ �4' ��.� e� b�, � � CHRIS �w'� �'TS, "h�["��tYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY �� A By: �� ... �. _.._�� APPR�: '�� ":1::� AS °��.;� LEGAL FORM: AARON LEAL, CITY ATTORNEY , ,�� BY. ,� . �� _�.� �.._ .... ........�. EXHIBIT "A" Pipeline Transportation Agreement The unredacted Pipeline Transportation Agreement ("Agreement") will not be attached to this ordinance as part of the agenda backup. The redacted version will be attached to the agenda backup which is available to the public. The City Council and the City's Public Utility Board will receive an unredacted version of the Agreement. The redacted Agreement will be made available for public inspection and reproduction in the office of the City Secretary. '�1 � �.. � , �� • ; , .... .: � '.. � 1 : � � 1 ';: .�' .�. This Agreement is entered into effective the day of __ . 2017 (the "Effective Date"). CUSTOMER: CITY OF DENTON COMPANY: ATMOS PIPELINE-TEXAS FOR NOTICES: FOR NOTICES: Atmos Pi eline-Texas 1527 South Mayhill Road p Denton, Texas 76208 Attn: Industrial Contract Administration Attention: Mr. Vance Kemler P. O. Box 223705 �„�� Dallas, Texas 75222-3705 E-Mail: mmm,,,,mm�� E-mail: industrial.contracts@atmosenergy.com FOR INVOICES: FOR PAYMENTS: WIRE TO: 1527 South Mayhill Road Atmos Pipeline-Texas Bank of America Denton, Texas 76208 P.O. Box 841425 Routing Attention: Accounts Payable Dallas, Texas 75284-1425 Acct # Fax: E-Mai 1: .....—...._ _ � � � � W ��__.___--_ , . RATE SCHEDULES The following Rate Schedules and exhibits apply to the service provided hereunder and are incorporated herein by reference: AND EXHIBITS: Rate Schedule: NGV Pipeline Transpartation including all applicable riders Rate Schedule: Definitions Exhibit A: General Transportation Contract Terms and Conditions Exhibit B: Pipeline/Distributiun Transportation Terms and Conditions for NGV Gas Service Exhibit C: Receipt Point(s) _ .......� W�_..�.�. AGREED AND ACCEPTED THIS DAY AGREED AND ACCEPTED THIS DAY OF ..... ..wa..., 201�__. OF ....... n ......... .... « 201 CITY OF DENTON ATMOS PIPELINE-TEXAS BY� �......... � .............� BY� �� .................�.�...............................................................�......................................� � �. �....._.._�_�...._..........�. Name; Name: Robert A. Rodgers ' Title: Title: Vice President I� Y►�i C��Y �i►1 �1:7ef'1�7i7 :� �l ATMOS PIPELINE-TEXAS PRiCING SCHEDULE: NATURAL��GAS VEHICLE FUEL TRANSPORTATION SERVICE APPLTCABLE TO: Entire System REVISION: DATE: ...........................�......��.............w �.._ .....___�� EFFECTIVE DATE: 11/Ol/2014 PAGE: 1 of 2 �� trq�air��i��il� ° ; , . w�G��1, � ATMOS ENERGYCORP., A � �I I,II�T -'�'. � ,� i � I � I �� Iw ` f . *' . � �, � � , , i � , � ., �iir,ri�w�� ii� �i � �� ` � , , � � � �� , � �� w a �. „ � RIDER: RA - RETENTION ADJUSTMENT APPLICABLE TO: �� Rate CGS — Mid-Tex, Rate CGS — Other and Rate PT EFFECTIVE DATE: �� 04/l $/2011 �� mmmIT�� PAGE: 1 of 1 � � � . ;� . � � � RIDER: 16� TAX - TAX ADJUSTMENT APPLICABLE TO: Rate CGS — Mid-Tex, Rate CGS — Other and Rate PT EFFECTIVE DATE: 04/18/2011 � mmmmmmIT� � mmmmmmmm pAGE: 2 of 1 �� ;�■� r a RIDER �W�W��m�� RIDER MF — MUNICIPAL FEE ADJUSTMENT APPLICABLE TO: Entire System EFFECTIVE DATE......� ................._.... �.._�.......... _.��.. .....__, 04/l8/2011 PAGE: 1 of 1 r �� , u �, , . , RIDER: � SUR - SURCHARGES � APPLICABLE TO.�� Rate CGS — Mid-Tex, Rate CGS — Other and Rate PT _�......._...� �...... EFFECTIVE DATE„: 04/18/2011 PAGE: 1 of 1 �� 1, ' �; ' '' . �, � � , RATE SCHEDULE: DEFINITIONS APPLICABLE TO: Entire System EFFECTIVE DATE: PAGE: 1 OF 2 AGREEMENT FOR GAS SERVICE. A written contract between Company and Customer under which Company provides Gas Service. APPLICANT. A person or entity who requests Gas Service from Company. The inauguration of Gas Service to an Applicant by Company does not indicate that Company has inspected Customer's gas piping or gas-burning equipment or determined the piping and gas-burning equipment to be safe or adequate. CITY GATE CUSTOMER. A customer who purchases City Gate Service under Rate CGS — Mid-Tex or Rate CGS — Other. COMMISSION. The Railroad Commission of Texas. COMPANY. Atmos Pipeline-Texas, its successors, and its assigns. CUSTOMER. An individual, partnership, association, joint venture, corporation, etc., or governmental agency whose gas is being transported by Company. GAS DAY. The period beginning at 9:00 a m. on one calendar day and ending at 9:00 a m. on the following calendar day. GAS SERVICE. The transportation of natural gas by Company for Customer. INDUSTRIAL CUSTOMER. A customer who has a North American industry Classification System Code beginning with 21, 22 (electric generation only), 31, 32, or 33. MAKE-UP VOLUMES. The quantity of gas specifically and separately nominated by customer and confirmed by Company to resolve, either in whole or in part, any imbalance under Rate CGS — Mid-Tex, Rate CGS — Other, or Rate PT. METER. A device, or devices, together with any required auxiliary equipment, for measuring Gas Service. NGV GAS SERVICE. Gas Service provided to any customer whose receipt of natural gas is primarily for use as a vehicle fuel. PIPELINE SYSTEM. The Atmos Pipeline-Texas pipeline transmission system in the state ofTexas including storage facilities. The Pipeline System is upstream from city gates and receives gas from various supply sources for delivery to city gates and end use customers. POINT OF DELIVERY. Point at which natural gas leaves the Company's facilities. At Company's option, locations where the gas installation has multiple connections to Company's facilities may be considered one point of delivery for billing purposes. RATE SCHEDULE. A statement of the method of determining charges for Gas Service, including the conditions under which such method applies. RECEIPT NOMINATION. The daily quantity of gas requested by a Customer to be delivered into the Pipeline System by tl�e Customer as specified in tl�e associated Transportation Agreement between the Customer and Atmos Pipeline-Texas. . � , �, . � . � , RATE SCHEDULE: DEFINITIONS APPLICABLE TO: ' Entire System ' EFFECTIVE DATE: PAGE: 2 OF 2 STATE AGENCY. (A) a department, commission, board, office, or other agency that: (i) is in the executive branch of state government; (ii) has authority that is not limited to a geographical portion of the state; and (iii) was created by the Texas Constitution or a statute of this state; (B) a university system or institution of higher education as defined by Section 61.003, Education Code, other than a public junior college; or (C) a river authority created under the Texas Constitution or a statute of this state. TRANSPORTATION AGREEMENT. The contract with a customer for transportation service on the Pipeline System. The contract will specify the rate for transportation service and the retention percentage. ix:i:ii:��r:a GENERAL TRANSPORTATION CONTRACT TERMS AND CONDITTONS � � �� Exhibit A— Page 1 of 10 ■ � ■ � � � �� ■ ��'. � �xhibil A— Page 2 of 10 �� ■ � � �i �xhibit A— Yage 3 of 10 � � � � � �xhibit A— Page 4 of 10 � ■ �I � ��I�� ■�■■� I ■ �� I LxhibiL A— Page 5 of 10 � �I ■ � ■ I � �� . Exhibit A—Page 6 of 10 ��, ■ � � ■ ■ �xhibit A— Page 7 of 10 � � Exhibit A— Page 8 of 10 � � Exhibil A— Page 9 ot' 10 � � , �' ��' � ■ ■ � � Exl�ibit A—Page 10 of 10 EXHiBIT B PIPELINE/DISTRiBUTION TRANSPO�"�'�"�A�"�"�C)1'� "�"��t�m��i �1�� (:�'P"�l�l�"�"�f�9�� FOR NGV GAS SERVICE � � Exhibit B- Page 1 of 1 .:i�`i: il �3 �I �[�i M�1�C„�+��'I'"1• ��,1��,�.�a�. Exhibit C- Page 1 of 1