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2008-019-ORD-AMENDING EXISTING GAS FRANCHISE ORD BETWEEN COP AND ATMOS ENERGY CORPORDINANCE 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. ATMOS ENERGY CORPORATION By Vice oresident, Mid-,-/ex Division 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. Introduced, read, and passed on first reading on May 12, 2008, at a regular meeting of the City Council of the City of Paris; read and passed on second reading on May 27, 2008, at a regular meeting of the City Council of the City of Paris; and, read and passed on third and final reading on June 23, 2008, at a regular meeting of the City Council of the City of Paris, the same being three (3) separate regular meetings of the City Council of the City of Paris, and the last reading being not less than thirty (30) days from the first. Section 7. This ordinance shall become effective in accordance with the terms and provisions of the City Charter of the City of Paris, and shall be effective for a period of time as stated herein. Section 8. 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 city Council of the City of Paris, Texas, this the 23rd day of June, 2008, at which meeting a quorum was present and voting. Joe McCarthy, rCarC Mayor Pro Tem ATTEST: nice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney