HomeMy WebLinkAboutOrd 596 Amending the Existing Gas Franchise Agreement with AtmosTOWN OF WESTLAKE
ORDINANCE NO. 596
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING THE
EXISTING GAS FRANCHISE BETWEEN THE TOWN 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 Town of Westlake
("Town"), including the transportation, delivery, sale, and distribution of gas in, out of,
and through the Town for all purposes, and is using the public streets, alleys, grounds and
rights-of-way within the Town for that purpose under the terms of a franchise ordinances
duly passed by the governing body of the Town and duly accepted by Company or its
predecessor in interest; and
WHEREAS, the Town and Company desire to amend said franchise ordinance to
provide for a different consideration;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN
OF THE TOWN OF WESTLAKE, TEXAS, THAT:
SECTION ONE: 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 Town 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 TWO: 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 THREE: This ordinance shall take effect for all franchise fees from
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 Town Secretary in
substantially the following form:
To the Honorable Mayor and Board of Aldermen:
Atmos Energy Corporation, acting by and through the undersigned authorized officer,
hereby accepts in all respects, on this the day of , 2008, Ordinance No.
596 amending the current gas franchise between the Town and Atmos Energy
Corporation.
Atmos Energy Corporation
an
Vice -President, Mid -Tex Division
SECTION FOUR: 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 Town shall remain in full force and effect.
SECTION FIVE: The Town shall provide a copy of this Ordinance to Mr.
david Park, Vice President 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 SIX: 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 BOARD OF ALDERMEN OF THE TOWN
OF WESTLAKE, TEXAS, on this the 23" day of June 2008.
APPROVED:
,�'C, ���
Laura Wheat, Mayor
ATTEST:
Sutter, TRMC, Town Secretary
a
AST RM:
tanton wn Attorney
Town Attorney
Town of Westlake
June 30, 2008
Mr. David Park
Vice President of Rates and Regulatory Affairs
Atmos Energy Corp.
5420 LBJ Freeway, Suite 1800
Dallas, Texas 75240
Re: Town of Westlake, TX Franchise Fee Increase
Dear Mr. Park:
Please be advised the Board of Aldermen for the Town of Westlake adopted the enclosed
Ordinance No. 596 on June 23, 2008 amending its existing franchise ordinance applicable
to Atmos Energy Corporation (Atmos).
Specifically, Ordinance No. 596 as adopted by the Westlake Board of Aldermen
increases the consideration paid by the Atmos to five percent (5%) of the Gross
Revenues, as defined in the franchise ordinance. The Town intends for the ordinance to
take effect for revenues collected by Atmos on or after May 1, 2008, or as soon thereafter
as practical. In order to fully execute this ordinance, please complete Section Four as
indicated and return the original to our Town Secretary Kim Sutter.
Please let me know if you have any questions regarding this matter.
Sincerely yours,
Thomas E. Brymer
Town Manager
Enclosure
cc: Kim Sutter, Town Secretary
Debbie Piper, Director of Finance
_ 3 Village Circle, Suite 202 *Westlake, Texas 76262
Metro: 817-430-0941 ♦ Fax: 817-430-1812 + www.westlake-tx.org