HomeMy WebLinkAboutORD 2011-08 - ATMOS Election LetterORDINANCE NO. C90 1 1 - 0 g
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GEORGETOWN, TEXAS ("CITY") PERTAINING TO
THE ELECTION LETTER TO ATMOS ENERGY
CORPORATION AS TO FRANCHISE FEES ON
FRANCHISE FEES; MAKING SUCH OTHER FINDINGS
AND PROVISIONS RELATED TO THE SUBJECT; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, Atmos has submitted an election letter, attached as Exhibit "A"
pertaining to franchise fees, which the City Council has determined will have a minor
impact on rates to citizens within the City of Georgetown; and
WHEREAS, the City deems the answers to the Atmos questions as "yes."
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF GEORGETOWN, TEXAS, THAT:
Section 1. The facts and opinions in the preamble are true and correct.
Section 2. The City approves the Election Letter to Atntos Energy Corporation
attached as Exhibit "A" with the answer being yes as to the questions posed as denoted
in Exhibit "B."
Section 3. The Mayor is hereby authorized to sign this ordinance, the letter,
and the City Secretary to attest. This Ordinance shall become effective and be in full
force on March 31, 2011.
PASSED AND APPROVED on First Reading on the day of
2011.
PASSED AND APPROVED on Second Reading on the Or)._ day of
2011.
Atmos Election Letter Ordinance
Pagel Oro(-1±,00(1-CC
ATTEST:
ica Brett le, City Secretary
APPROVED AS TO FORM:
S-r11`4'
THE CITY OF GEORGETOWN
Mark Soko low, City Attorney
By:
Atmos Election Letter Ordinance
Page 2
rd 4t-,D 0 Oe
Exhibit A
Atmos Election Letter Ordinance
Page 3
Y or N
On or Before March 31, 2011
Mr. David Park
Vice President Rates and Regulatory Affairs
Atmos Energy Corporation, Mid -Tex Division
5420 LBJ Freeway, Ste. 1862
Dallas, TX 75240
RE: Franchise Fees on Franchise Fees
Dear Mr. Park:
To the extent that the following paragraphs are applicable, the selections below indicate
the City's interpretation of the franchise agreement between the City and Atmos Energy
Corporation ( "Atmos ") as well as the election of the City to receive an additional
payment consistent with the City's historical interpretation of the franchise agreement.
The City has selected 'Y' to indicate agreement or 'N' to indicate disagreement.
Franchise Fees other than on Value of Gas Transported
The City intends that all amounts billed to and collected from customers for
franchise fees (other than those assessed on the value of transported gas) be added
to the revenue amount that Atmos uses to calculate the City's franchise fee
payment.
Y or N The City elects to receive an additional payment for the period of time beginning
with January 1, 2009 that franchise fees (other than those assessed on the value of
transported gas) were not included in the calculation of the City's franchise fee
payment.
Y or N
Y or N
Franchise Fees on Value of Gas Transported
The City intends that the amount billed to and collected from transportation
customers for franchise fees assessed on the value of gas transported on behalf of
the customer be added to the revenue amount that Atmos uses to calculate the
City's franchise fee payment.
The City elects to receive an additional payment for the period of time beginning
with January 1, 2009 that franchise fees on the value of transported gas were not
included in the calculation of the City's franchise fee payment.
It is understood that by indicating agreement to any or all of the above statements, the
City explicitly agrees that any additional franchise fee amounts paid to the City by Atmos
are recoverable by Atmos from Company's customers within the City, It is also
understood that by indicating disagreement with or choosing not to select any or all of the
above statements, the City is explicitly releasing Atmos from any future claims with
respect to those items.
The City understands that this election letter must be returned to David Park at the
address above and postmarked on or before March 31, 2011 after which the City shall be
deemed to have rejected the options contained herein.
Sincerely,
Signature
Printed Name
Date
Title City
Exhibit
j' or N
OYorN
0:2or N
(Por N
On or Before March 31, 2011
Mr. David Park
Vice President Rates and Regulatory Affairs
Atmos Energy Corporation, Mid -Tex Division
5420 LBJ Freeway, Ste. 1862
Dallas, TX 75240
RE: Franchise Fees on Franchise Fees
Dear Mr. Park:
To the extent that the following paragraphs are applicable, the selections below indicate
the City's interpretation of the franchise agreement between the City and Atmos Energy
Corporation ( "Atmos ") as well as the election of the City to receive an additional
payment consistent with the City's historical interpretation of the franchise agreement.
The City has selected `Y' to indicate agreement or `N' to indicate disagreement.
Franchise Fees other than on Value of Gas Transported
The City intends that all amounts billed to and collected from customers for
franchise fees (other than those assessed on the value of transported gas) be added
to the revenue amount that Atmos uses to calculate the City's franchise fee
payment.
The City elects to receive an additional payment for the period of time beginning
with January 1, 2009 that franchise fees (other than those assessed on the value of
transported gas) were not included in the calculation of the City's franchise fee
payment.
Franchise Fees on Value of Gas Transported
The City intends that the amount billed to and collected from transportation
customers for franchise fees assessed on the value of gas transported on behalf of
the customer be added to the revenue amount that Atmos uses to calculate the
City's franchise fee payment.
The City elects to receive an additional payment for the period of time beginning
with January I, 2009 that franchise fees on the value of transported gas were not
included in the calculation of the City's franchise fee payment.
It is understood that by indicating agreement to any or all of the above statements, the
City explicitly agrees that any additional franchise fee amounts paid to the City by Atmos
are recoverable by Atmos from Company's customers within the City. It is also
understood that by indicating disagreement with or choosing not to select any or all of the
above statements, the City is explicitly releasing Atmos from any future claims with
respect to those items.
The City understands that this election letter must be returned to David Park at the
address above and postmarked on or before March 31, 2011 after which the City shall be
deemed to have rejected the options contained herein.
Sincerely,
Signature
Printed Name
Date
Title City