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:
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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:
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