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2008-179sAour documents\ordinances\08\atmos rate increase.doc ORDINANCE NO. 2409- A AN ORDINANCE AMENDING THE EXISTING GAS FRANCHISE BETWEEN THE CITY OF DENTON ("CITY") AND ATMOS ENERGY CORPORATION TO PROVIDE FOR A ONE PERCENT INCREASE FROM FOUR PERCENT TO FIVE PERCENT TO THE CITY'S GAS FRANCHISE FEE; 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; AND PROVIDING AN EFFECTIVE DATE. 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, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: 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 October 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. amending the current gas franchise between the City and Atmos Energy Corporation. Atmos Energy Corporation By: Vice President, Mid-Tex Division sAour documents\ordinances\08\atmos rate increase.doc 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 this the ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPR VED A O LEGAL FORM: JOHN M. KNIGHT, INTERIM CITY ATTORNEY BY: Page 2 sAour documents\ordinances\08\atmos rate increase.doc oRDII iANCE NO. 2670- I' AN ORDINANCE AMENDING THE EXISTING GAS FRANCHISE BETWEEN THE CITY OF DENTON ("CITY") AND ATMOS ENERGY CORPORATION TO PROVIDE FOR A ONE PERCENT INCREASE FROM FOUR PERCENT TO FIVE PERCENT TO THE CITY'S GAS FRANCHISE FEE; PROVIDING FOR ACCEPTANCE BY ATMOS ENTERGY CORPORATION; AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE. 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, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: 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 October 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 Ci►y 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 3r day of _akgJOA!n.~, , 2008, Ordinance No. dool - 174 amending the current gas franchise between the City and Atmos Energy Corporation. Atmos Ener . orporation By: is resident, N~fd-Tex Division sAour documents\ordinances\Matmos rate increase.doc 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 Paik, 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 this the ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: LA 91 +0 4~ ) APPR VED ALTO LEGAL FORM: JOHN M. KNIGHT, INTERIM CITY ATTORNEY BY: Page 2