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Ordinance 2006-13 ORDINANCE NO. 2006-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, EXTENDING UNTIL JULY 31, 2006, OR UNTIL A NEW FRANCHISE BECOMES EFFECTIVE, THE FRANCHISE GRANTED TO ATMOS ENERGY CORPORATION, TO OWN, OPERATE, AND MAINTAIN A GAS DISTRIBUTION SYSTEM IN THE CITY OF WYLIE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 10, 1981, the City Council of the City of Wylie ("City") granted a gas franchise to Lone Star Gas Company to own, operate, and maintain a gas distribution system in City; and, WHEREAS, Atmos Energy Corporation ("Atmos Energy") is the current holder of this gas Franchise in City which would have expired on March 1 0, 2006; WHEREAS, negotiations regarding renewal of the Franchise are still underway; and, WHEREAS, both parties agree that an extension of the current Franchise under the same terms and conditions until July 31,2006, or until a new franchise becomes effective, whichever occurs first, is in their best interest; and, WHEREAS, City and Atmos Energy agree that the extension of this Franchise shall not be deemed a waiver by either party to exercise any right afforded by law or any defense. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, THAT: SECTION 1. The City Council hereby agrees to extend the Franchise granted to Atmos Energy, under the same terms and conditions until July 31, 2006 or until a new franchise becomes effective, whichever occurs first. SECTION 2. City and Atmos Energy do not waive any claims or defenses that may exist currently or arise in the future as a result of this extension. 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provisions of the Ordinances of the City of Wylie, Texas, in conflict with the provisions of this Ordinance, are hereby repealed, and all other provisions not in conflict with the provisions of this Ordinance shall remain in full force and effect. Ordinance No. 2006-13 Atmos Energy Franchise Extension SECTION 5. This Ordinance shall take effect after its adoption in accordance with the City Charter. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, ON THIS THE 14th DAY OF MARCH, 2006. JOlttlYOR ATTEST: \\\\\11111/111 \\\\\ 0 F W I1111 ",~~ .......e... y( J"/.;,. ~..:.....'.. fl.. /..;" ~ <:..>" ... .0. <<' ~ ~ ... ~ &. -::. = : ....EA! o. ~ · ~ \ ~.~..:J; } = -::. . '\...-_ ~"fI!- HRLICH, CI1Y'~~~!~Y{-:l ~f /111 YL I E It.. 'f.- ~ \,\ '1, ' \\' /1111111\\\\ . Date of publication in The Wvlie News - March 22,2006 Ordinance No. 2006-13 Atmos Energy Franchise Extension * C&S Media, 11Ic. m:1)c jfnrmcrsl.lillc m:imcs . Murphy Monitor. The Princeton Herald · The Sachse News · THE WYLIE NEWS STATE OF TEXAS COUNTY OF COLLIN c~ Before me, the undersigned authority, on this day personally appeared Chad Engbrock, publisher of The Wylie News~ a newspaper regularly published in Collin County, Texas and having general circulation in Collin County, Texas, who being by me duly sworn, deposed and says that the foregoing attached Ordinance No. 2006-13 Atmos Energy extension by the City Council of the City of Wylie was published in said newspaper on the following d~ Chad Engbrock, Publisher Subscribed and sworn before me on this, the .~ day of ~A~\-\ ,2006 to certify which witness my hand and seal of office. \\\\111I"" ~'...\\Y P{J ,'.... $~(''.o U:1'\:t) ""~:i;;,;,\~,," 1111."",\ TAMMY BURTON Notary Public, State of Texas My Commission Expires February 21, 2010 d..~L ~rY Public in and for The State of Texas RECeIvet\ APR 0 5 '/L,,) '\1'''''' ~f= F' N~' .~~~::,...,-- ~- Murphy/Sachse/Wylie Office. 110 N. Ballard. P.O. Box 369. Wylie, TX 75098' 972-442-5515' fax 972-442-4318 Farmersville/Princeton Office' WI S. Main' P.O. Box 512' Farmersville, TX 75442' 972-784-6397' fax 972-782-7023 t' ,1' ORDINANCE>~\ NO. 2006-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, EXTENDING UNTIL JULY 31, 2006, OR UNTIL A NEW FRANCHISE BECOMES EFFECTIVE, THE FRANCHISE GRANTED TO ATMOS ENERGY CORPORATION, TO OWN, OPERATE, AND MAINTAIN A GAS DIS- TRIBUTION SYSTEM IN THE CITY OF WYLIE; PROVIDING A, REPEALING CLAUSE; PROVIDING A SEVER- ABILITY CLAU,Sp; AND PROVIDING AN EFFEC- TIVE DATE.