O-2918-6-10ORDINANCE NO. 2918-6-10
t AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN,
COUNTY, TEXAS, RENEWING THE FRANCHISE AGREEMENT GRANTED TO
ATMOS ENERGY CORPORATION FOR AN ADDITIONAL FIVE (5) YEARS;
PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABHdTY CLAUSE;
PROVIDING A SAVINGS CLAUSE AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on June 28, 2005, the City Council of the City of Allen ("City") pursuant to Ordinance No.
2405-5-05 granted a gas franchise to Atmos Energy Corporation ("Company") to own, operate, and maintain
a gas distribution system in the City; and,
WHEREAS, Company has been engaged in the gas distribution business in the State of Texas and the City
of Allen and, in furtherance thereof, has constructed and maintained portions of its physical plant in the City;
and,
WHEREAS, the first five-year term of the Franchise Agreement expires on June 30, 2010, and
WHEREAS, Section 3 of the Franchise Agreement provides for the renewal for two additional terms of five
(5) years upon the expiration of the initial term, and the City and Company desire to renew the Franchise
Agreement under the same terms and conditions for one (1) additional term of five years to expire on Jane
30,2015; and,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
' COLLIN COUNTY, TEXAS, THAT:
SECTION 1. The City Council hereby agrees to renew the terms of the Existing Franchise Agreement for an
additional five years to expire on June 30, 2015, pursuant to Section 3 of Franchise Agreement between the
City and Company.
SECTION 2. That the terms and conditions of the Franchise Agreement adopted pursuant to Ordinance No.
2404-5-05 shall remain in full force and effect.
SECTION 3. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance
be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining
portions of said ordinance which shall remain in full force and effect.
SECTION 4. All provisions of the Ordinances of the City of Allen, Texas, in conflict with the provisions of
this Ordinance, be, and the same are hereby, repealed, and all other provisions not in conflict with the
provisions of this Ordinance shall remain in full force and effect.
SECTION 5. An offense committed before the effective date of this Ordinance is governed by prior law and
the Code of Ordinances of the City of Allen, as previously amended, in effect when the offense was
committed and the former law is continued in effect for this purpose.
SECTION 6. This ordinance shall take effect immediately from and after its passage and it is accordingly so
ordained.
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DULY PASSED AND APPROVED BY THE CITY COUNCIL OF TIME CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 22 Id DAY OF JUNE, 2010.
APPROVED AS TO FORM:
Peter G. Smith, CITY ATTORNEY
(PGWJGM03M6-17-10)
APPROVED:
Stephen Irrre11, MAYOR
ATTEST:
Shelley B. Geo ge, CITY SECRET
Ordinance No. 2918-6-10, Page 2