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HomeMy WebLinkAbout2014-3575 - Ordinance - 06/26/2014• ORDINANCE NO. 20/4 - 3575 AN ORDINANCE AMENDING THE EXISTING GAS FRANCHISE BETWEEN THE CITY OF COLLEGE STATION, BRAZOS COUNTY, AND ATMOS ENERGY CORPORATION TO PROVIDE FOR A DIFFERENT DEFINITION OF GROSS REVENUES; 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 City of College Station ("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; and WHEREAS, on March 27, 2104, the City passed and Company duly accepted Ordinance No. 2014-3559; WHEREAS, the City and Company desire to amend said franchise ordinance to provide for a different definition of Gross Revenues in Section 1.9; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: that SECTION 1: Section 1.9 of Ordinance No. 2014-3559 is deleted in its entirety and replaced with the following: (a) All revenues billed by the Company from the sale of gas to all residential and commercial customers (excluding gas sold to governmental customers, industrial customers, and to any another non -affiliate gas utility in the City for resale to its customers within the City) within the City including base rate revenues and revenues from the Company's purchased gas adjustment tariff; (b) Contributions in aid of construction; and (c) "Gross Revenues" shall also include state gross receipts tax and the following "miscellaneous charges": to connect, disconnect or reconnect gas and charges to handle returned checks from consumers within the City. • 0 (d) "Gross Revenues" shall not include: i. revenues billed but not ultimately collected or received by the Company; ii. the revenue of any affiliate or subsidiary of the Company; iii. sales tax and franchise fees paid to the City; iv. interest or investment income earned by the Company; and v. monies received from the lease or sale of real or personal property, provided, however, that this exclusion does not apply to the lease of facilities within the Public Rights -of -Way. SECTION 2: In all respects, except as specifically and expressly amended by this ordinance, the existing effective franchise ordinance heretofore duly passed by the governing body of the City and duly accepted by the Company shall remain in full force and effect according to its terms until said franchise ordinance terminates as provided therein. SECTION 3: 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 26 - day of June, 2014, Ordinance No. 2D/y-3575 amending the current gas franchise between the City and Atmos Energy Corporation. 0 0 c. • • Atmos Energy Corporation By < Vice President, Mid -Tex Division SECTION 4: 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 COLLEGE STATION, TEXAS, this the Z0 -day of June, 2014, at which meeting a quorum was present and voting. ATTEST: Sherry Mas rn, City Secretary szAS Nancy Berr %, Mayor