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Ord 596 Amending the Existing Gas Franchise Agreement with AtmosTOWN OF WESTLAKE ORDINANCE NO. 596 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING THE EXISTING GAS FRANCHISE BETWEEN THE TOWN AND ATMOS ENERGY CORPORATION TO PROVIDE FOR A DIFFERENT CONSIDERATION; PROVIDING AN EFFECTIVE DATE; 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 Town of Westlake ("Town"), including the transportation, delivery, sale, and distribution of gas in, out of, and through the Town for all purposes, and is using the public streets, alleys, grounds and rights-of-way within the Town for that purpose under the terms of a franchise ordinances duly passed by the governing body of the Town and duly accepted by Company or its predecessor in interest; and WHEREAS, the Town and Company desire to amend said franchise ordinance to provide for a different consideration; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, THAT: SECTION ONE: 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 Town and accepted by Company or its predecessor in interest is hereby changed to be five percent (5%) of the Gross Revenues, as defined in the franchise ordinance. SECTION TWO: 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 THREE: This ordinance shall take effect for all franchise fees from 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 Town Secretary in substantially the following form: To the Honorable Mayor and Board of Aldermen: Atmos Energy Corporation, acting by and through the undersigned authorized officer, hereby accepts in all respects, on this the day of , 2008, Ordinance No. 596 amending the current gas franchise between the Town and Atmos Energy Corporation. Atmos Energy Corporation an Vice -President, Mid -Tex Division SECTION FOUR: 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 Town shall remain in full force and effect. SECTION FIVE: The Town shall provide a copy of this Ordinance to Mr. david Park, Vice President 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 SIX: 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 BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, on this the 23" day of June 2008. APPROVED: ,�'C, ��� Laura Wheat, Mayor ATTEST: Sutter, TRMC, Town Secretary a AST RM: tanton wn Attorney Town Attorney Town of Westlake June 30, 2008 Mr. David Park Vice President of Rates and Regulatory Affairs Atmos Energy Corp. 5420 LBJ Freeway, Suite 1800 Dallas, Texas 75240 Re: Town of Westlake, TX Franchise Fee Increase Dear Mr. Park: Please be advised the Board of Aldermen for the Town of Westlake adopted the enclosed Ordinance No. 596 on June 23, 2008 amending its existing franchise ordinance applicable to Atmos Energy Corporation (Atmos). Specifically, Ordinance No. 596 as adopted by the Westlake Board of Aldermen increases the consideration paid by the Atmos to five percent (5%) of the Gross Revenues, as defined in the franchise ordinance. The Town intends for the ordinance to take effect for revenues collected by Atmos on or after May 1, 2008, or as soon thereafter as practical. In order to fully execute this ordinance, please complete Section Four as indicated and return the original to our Town Secretary Kim Sutter. Please let me know if you have any questions regarding this matter. Sincerely yours, Thomas E. Brymer Town Manager Enclosure cc: Kim Sutter, Town Secretary Debbie Piper, Director of Finance _ 3 Village Circle, Suite 202 *Westlake, Texas 76262 Metro: 817-430-0941 ♦ Fax: 817-430-1812 + www.westlake-tx.org