HomeMy WebLinkAboutORD 2015-01 - ATMOS FranchiseORDINANCE NUMB� j
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS AMENDING SECTION 14.04.0 10 OF
THE CODE OF ORDINANCES OF THE CITY OF
GEORGETOWN, TEXAS RELATING TO THE TERM OF THE
FRANCHISE AGREEMENT BY AND BETWEEN THE CITY OF
GEORGETOWN AND ATMOS ENERGY CORPORATION;
REPEALING CONFLICTING ORDINANCES AND
RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Atmos Energy Company, successor in interest to TXU Lone Star Gas
(hereinafter called "Atmos") is engaged in the business of providing gas utility service
within the City of Georgetown 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 heretofore duly
passed by the governing body of the City and duly accepted by Atmos; and
WHEREAS, the City and Atmos are in discussions with the goal of arriving at terms
for along -term franchise; and
WHEREAS, the City and Atmos desire to amend said franchise ordinance to provid,i
for a one-year extension of the term;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, THAT:
SECTION 1. The meeting at which this ordinance was approved was in all things conducted in
compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551.
SECTION 2. The facts and recitations contained in the preamble of this Ordinance are hereby
found and declared to be true and correct, and are incorporated by reference herein and expressly
made a part hereof, as if copied verbatim.
SECTION 3. Section 14.04.010 of the Code of Ordinances of the City of Georgetown, Texas is
hereby amended as follows:
A. The City of Georgetown, Texas, hereinafter called "City," grants to TXU Lone Star Gas,
a Division of TXU Gas Company, hereinafter called "Company," its successors and
assigns, consent to use and occupy the present and future streets, alleys, highways, public
Ordinance No: Page I of 3
ATMOS Fra hise Extension
Approved NA muo*yj* 01%0 15
places, public thoroughfares, and grounds of City, hereinafter referred to as "public
rights-of-way," for the purpose of laying, maintaining, constructing, protecting,
operating, and replacing therein and thereon pipelines and all other appurtenant
equipment to deliver, transport, and distribute gas in, out of, and through City for
persons, firms, and corporations, including all the general public, and to sell gas to
persons, firms, and corporations, including all the general public, within the City
corporate limits, as such limits may be amended from time to time during the term of this
ordinance, said consent being granted for a term beginning January 13, 2000, and ending
December 31, 2009.- provided, that said term shall be automatically renewed for an
additional six-year period ending December 31, 2015.
B. If during the term of this franchise, legislation is enacted which requires the deregulation
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of the gas industry and/or the "unbundling" of gas services, this franchise must be
renegotiated within six months of the passage of the new law. If the parties are unable to
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renegotiate the agreement within the six-month period, this agreement will terminate
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-upon 30 days written notice by either party. At any time during the term of this franchise,
either party may request renegotiation of any item herein. Within a reasonable time
following such request, the parties will meet to renegotiate in good faith the suggested
amendments to the franchise.
SECTION 4. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict
with this Ordinance are hereby repealed and are no longer of any force and effect.
SECTION 5. If any provision, section, subsection, sentence, clause or phrase of this ordinance is
for any reason held to be unconstitutional, void or invalid (or for any reason unenforceable), the
validity of the remaining portions of this ordinance shall not be affected thereby, it being the
intent of the ywarties in adoa*7�tin_ this Franchise that no %rovision hereof shall be inoGterative or fail
by reason of any unconstitutionality or invalidity of any other portion, provision, or regulation,
and to that end, all provisions of this ordinance are declared to be severable.
SECTION 6. The Mayor is hereby authorized to sign this ordinance and the City Secretary to
attest. This ordinance shall become effective and be in full force and effect thirty days after i
final passage and in accordance with the provisions of Section 8.03 o the C arter o t e ity
Georgetown and Atmos's acceptance. Atmos shall, within thirty (3 0) days from the passa
of this ordinance, file its written acceptance of this ordinance with the Office of the City I
Ordinance No CIO15—ol Page 2 of 3
ATMOS Franchise Extension
Approved: ':TIOM kAAI" 1�1
Atmos Energy Company, acting by and through the undersigned authorized
officer, hereby accepts in all respects, on this the day of _,
201_ Ordinance No. 2014- amending the current gas franchise between
the City of Georgetown and Atmos and the same shall constitute and be a
binding contractual obligation of Atmos and the City.
PASSED AND APPROVED on First Reading on the CL day of DE:7(—. 2014
PASSED AND APPROVED on Second Reading on the J5 _day of jA2011
J ssi a Brettle,'City Secretary
AP AST
Bridget Chap an, Gjty Attorney
Ordinance No: C20 L,5—'— 0 1
ATMOS Franchise Extension
Approved. ,-T-APu6n5L"ja0l'�'
THE CITY OF GEORGETOWN:
Dale Ross, Mayor
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