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.
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(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.
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c.
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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