2008-019-ORD-AMENDING EXISTING GAS FRANCHISE ORD BETWEEN COP AND ATMOS ENERGY CORP

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ORDINANCE NO. 2008 -019 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING THE EXISTING GAS FRANCHISE ORDINANCE BETWEEN THE CITY OF PARIS, TEXAS AND ATMOS ENERGY CORPORATION TO PROVIDE FOR A FIVE PERCENT 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 of Paris, 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 PARIS, 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 amended 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. 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 undersigne authorized o fcer, hereby accepts in all respects, on this the day of J& 2008, Ordinance No. 2008 -019 amending the current gas franchise between the City and Atmos Energy Corporation.