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Public Notices: Wednesday, August 11th, 2010
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|Public Notices Published Wednesday, August 11th, 2010The following Resolution was offered by Dan Warner and seconded by Jan Hicks:|
A Resolution providing for the incurring of debt and issuance of Two Hundred Thousand and 00/100 Dollars ($200,000) of Revenue Bonds, Series 2010, of the Franklin Parish Hospital Service District No. 1, Parish of Franklin, State of Louisiana; prescribing the form, terms and conditions of said Bonds; designating the date, denomination and place of payment of said Bonds; providing for the payment thereof in principal and interest; providing for the acceptance of an offer for the purchase of said Bonds; and providing for other matters in connection therewith.
WHEREAS, the Budget for the current Fiscal Year for the Franklin Parish Hospital Service District No. 1, Parish of Franklin, State of Louisiana shows a projected ending fund balance in the General Fund in an amount higher than the annual debt service for the year to pay the Issuer's proposed Revenue Bonds, Series 2010 (the "Bonds"); and
WHEREAS, this Board of Commissioners, acting as the governing authority of the Franklin Parish Hospital Service District No. 1, Parish of Franklin, State of Louisiana (the "Issuer"), will herein obligate itself and its successors in office to budget and set aside annually adequate funds for the payment of the Bonds in principal and interest for the year; and
WHEREAS, the Issuer desires to incur debt and issue Two Hundred Thousand and 00/100 Dollars ($200,000) of its Revenue Bonds, Series 2010, in the manner authorized and provided by R. S. 39:1430, for the purpose of acquiring and improving the healthcare facilities and related equipment, furniture and fixtures known as the Newellton Health Clinic and Newellton Intensive Outpatient Psychiatric Clinic, including the land on which the facilities are located (the "Project") which facilities are currently leased and operated by the Issuer; and
WHEREAS, it is the intention of the Governing Authority that the Bonds be secured by and payable from a pledge and dedication of the income, revenues, and receipts of the Issuer derived or to be derived from the properties and facilities owned, maintained or operated by the Issuer, including contracts and lease agreements with respect thereto, interest income, tax revenues, rentals and any fee revenue payable to the Issuer (collectively, "Revenues"), after paying the reasonable and necessary expenses of operating and maintaining such properties and facilities; and
WHEREAS, the issuance of the indebtedness evidenced by the Bonds was approved by the Louisiana State Bond Commission at its meeting held July 22, 2010; and
WHEREAS, it is the desire of this Governing Authority to fix the details necessary with respect to the issuance of the Bonds and to provide for their authorization and issuance; and
WHEREAS, it is the further desire of this Governing Authority to provide for the sale of the Bonds at the price and in the manner hereinafter provided.
NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners of the Franklin Parish Hospital Service District No. 1, Parish of Franklin, State of Louisiana, acting as the governing authority of the Franklin Parish Hospital Service District No. 1, Parish of Franklin, State of Louisiana, that:
SECTION 1. Definitions. As used herein, the terms used herein shall have the meanings ascribed to such terms as set forth in Exhibit A attached hereto, unless the context otherwise requires.
SECTION 2. Authorization of Bonds; Maturities. In compliance with the terms and provisions of the Act, and other constitutional and statutory authority, there is hereby authorized the incurring of an indebtedness of Two Hundred Thousand and 00/100 Dollars ($200,000) for, on behalf of, and in the name of the Issuer, for the purpose of acquiring and improving the healthcare facilities and related equipment, furniture and fixtures known as the Newellton Health Clinic and Newellton Intensive Outpatient Psychiatric Clinic, including the land on which the facilities are located (the "Project"), which facilities are currently leased and operated by the Issuer; and paying the costs of issuance of the Bonds, and to represent said indebtedness, this Governing Authority does hereby authorize the issuance of Two Hundred Thousand and 00/100 Dollars ($200,000) of Revenue Bonds, Series 2010, of the Issuer. The Bonds shall be in fully registered form, shall be dated as of the date of delivery thereof and shall be issued in Authorized Denominations initially in the form of one (1) Term Bond as follows:
$200,000, 4% Term Bond, Due August 15, 2015
The Bonds shall bear interest from the date thereof or from any interest payment date to which interest has been paid or duly provided for, payable at maturity.
The principal and interest of the Bonds, upon maturity or redemption, shall be payable at the principal office of the Issuer by check of the Issuer by the Issuer to the Owner(s) (determined as of the close of business on the Record Date) at the address shown on the Bond Register or by wire transfer pursuant to directions provided by the Owner(s). Each Bond delivered under this Resolution upon transfer of, in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond, and each such Bond shall bear interest (as herein set forth) so neither gain nor loss in interest shall result from such transfer, exchange or substitution. Upon final payment at maturity or redemption, the Bonds shall be surrendered to the Issuer for cancellation.
No Bond shall be entitled to any right or benefit under this Resolution, or be valid or obligatory for any purpose, unless there appears on such Bond a certificate of registration, substantially in the form provided in this Resolution, executed by the Secretary of the Issuer by manual signature.
SECTION 3. Redemption Provisions.
(a) Optional Redemption. The Bonds are subject to optional redemption by the Issuer in whole or in part on any date, without penalty.
(b) Mandatory Amortized Redemption. The Bonds are subject to Mandatory Amortized Redemption prior to maturity, as set forth in the Bonds.
(c) Procedure/Notice of Redemption. Official notice of optional redemption shall be given by means of a first class mail, postage prepaid, by notice deposited in the United States mail not less than five (5) days prior to the redemption date addressed to the Owner at the Owner's address as shown on the Bond Register. No prior notice shall be required for Mandatory Amortized Redemption.
SECTION 4. Registration. The Bond Register shall be kept by the Issuer. The Bonds may be transferred, registered and assigned only on the Bond Register, and such registration shall be at the expense of the Issuer. A Bond may be assigned by the execution of an assignment form on the Bond or by other instruments of transfer and assignment acceptable to the Issuer. A new Bond will be delivered by the Issuer to the last assignee (the new Owners) in exchange for such transferred and assigned Bond after receipt of the Bond to be transferred in proper form.
SECTION 5. Form of Bond. The Bonds and the endorsements to appear thereon shall be in substantially the form of Exhibit B attached hereto.
SECTION 6. Execution of Bonds. The Bonds shall be signed by the Chairman and Secretary for, on behalf of, in the name of and under the corporate seal impression of the Issuer, which signatures and corporate seal may be either manual or facsimile.
SECTION 7. Pledge and Dedication of Revenues. The Bonds shall be secured by and payable solely from a pledge and dedication of, and Issuer does hereby irrevocably pledge and dedicate in favor of the Owner, the excess of annual revenues of the Issuer above statutory, necessary and usual charges in each of the fiscal years during which the Bonds are outstanding (collectively, "Revenues"). Until the Bonds shall have been paid in full in principal and interest, the Governing Authority does hereby obligate the Issuer, itself and its successors in office, to budget annually a sum of money sufficient to pay the Bonds and the interest thereon as they respectively mature, including any principal and/or interest theretofore matured and then unpaid, and to collect other revenues within limits prescribed by law, sufficient to pay the principal of and interest on the Bonds after payment in such years of all statutory, necessary and usual charges for the current year.
SECTION 8. Representations, Warranties and Covenants with Respect to Revenues. Issuer represents and warrants to Owner that, other than the payment of the Bonds as set forth in this Resolution, the Revenues have not in any manner been dedicated or pledged to the payment of any debt or obligations of the Issuer.
SECTION 9. Additional Bonds. Additional Bonds may hereafter be issued on a parity with the Bonds under the following conditions:
(1) The Issuer is in full compliance with all terms of this Resolution and there is no default or delinquency in the payment of principal or interest on any Bonds outstanding, including any pari passu Additional Bonds previously issued; and
(2) The Issuer certifies a Debt Service Coverage Ratio of at least 1.20 as of the date of issuance of such Additional Bonds.
(3) Additional Bonds secured by a junior or subordinate lien on Revenues may be issued without restriction.
SECTION 10. Budget: Audit. As long as the Bonds are outstanding and unpaid in principal or interest, the Issuer shall prepare and adopt a budget prior to the beginning of each Fiscal Year and shall furnish a copy of such budget within thirty (30) days after its adoption to the Owner. Not later than one hundred twenty (120) days after the close of each Fiscal Year, the Issuer shall cause an audit of its books and accounts to be made by the Legislative Auditor or an independent firm of certified public accountants showing the receipts and disbursements made by the Issuer during the previous Fiscal Year. Such audit shall be available for inspection by any Owners, and a copy of such audit shall be furnished to the Purchaser.
SECTION 11. Application of Proceeds. The Executive Officers are hereby empowered, authorized and directed to do any and all things necessary and incidental to carry out all of the provisions of this Resolution, to cause the necessary Bonds to be printed, to issue, execute and seal the Bonds, and to effect delivery thereof as hereinafter provided. The proceeds derived from the sale of the Bonds shall be deposited with the Issuer and applied for the purposes set forth in this Resolution.
SECTION 12. Resolution a Contract. The provisions of this Resolution shall constitute a contract between the Issuer, or its successor, and the Owner(s) from time to time of the Bonds, and any such Owner(s) may at law or in equity, by suit, action, mandamus or other proceedings, enforce and compel the performance of all duties required to be performed by this Governing Authority or the Issuer as a result of issuing the Bonds.
No modification or amendment of this Resolution, or of any Resolution amendatory hereof or supplemental hereto, may be made without the consent in writing of the Owner(s).
SECTION 13. Severability; Application of Subsequently Enacted Laws. In case any one or more of the provisions of this Resolution or of the Bonds shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provisions of this Resolution or of the Bonds, but this Resolution and the Bonds shall be construed and enforced as if such illegal or invalid provisions had not been contained therein. Any constitutional or statutory provisions enacted after the date of this Resolution which validate or make legal any provision of this Resolution and/or the Bonds which would not otherwise be valid or legal, shall be deemed to apply to this Resolution and to the Bonds.
SECTION 14. Recital of Regularity. This Governing Authority having investigated the regularity of the proceedings had in connection with the Bond and having determined the same to be regular, the Bonds shall contain the following recital, to-wit:
"It is certified that this Bond is authorized by and issued in conformity with the requirements of the constitution and statutes of the State of Louisiana."
SECTION 15. Effect of Registration. The Issuer and any agent of the Issuer may treat the Owners in whose name any Bonds are registered as the Owners of such Bonds for the purpose of receiving payment of the principal of and interest on such Bond and for all other purposes whatsoever, and to the extent permitted by law, neither the Issuer, nor any agent of the Issuer shall be affected by notice to the contrary.
SECTION 16. Notices to Owners. Wherever this Resolution provides for notice to Owners of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first-class postage prepaid, to each Owner of such Bond, at the address of such Owner as it appears in the Bond Register. In any case where notice to Owners is given by mail, neither the failure to mail such notice to any particular Owner, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Bonds. Where this Resolution provides for notice in any manner, such notice may be waived in writing by the Owner or Owners entitled to receive such notice, either before or after the event, and such waiver shall be equivalent of such notice. Waivers of notice by Owners shall be filed with the Issuer, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver.
SECTION 17. Cancellation of Bonds. All Bonds surrendered for payment, redemption, transfer, exchange or replacement shall be delivered to the Issuer and promptly canceled.
SECTION 18. Discharge of Resolution; Defeasance. If the Issuer shall pay or cause to be paid, or there shall otherwise be paid to the Owners, the principal of and interest on the Bonds, at the times and in the manner stipulated in this Resolution, then the pledge of the money, securities, and funds pledged under this Resolution and all covenants, agreements, and other obligations of the Issuer to the Owners shall thereupon cease, terminate, and become void and be discharged and satisfied, and any amounts remaining in the Amortized shall be transferred to the General Fund of the Issuer.
Principal and interest installments for the payment of which money shall have been set aside and shall be held in trust (through deposit by the Issuer of funds for such payment or otherwise) at the maturity date thereof shall be deemed to have been paid within the meaning and with the effect expressed above in this Section if they are defeased in the manner provided by Chapter 14 of Title 39 of the Louisiana Revised Statutes of 1950, as amended.
SECTION 19. Disclosure Under SEC Rule 15c2-12. (a) It is recognized that the Issuer will not be required to comply with the continuing disclosure requirements described in the Rule 15c2-12(b) of the Securities and Exchange Commission (17-CFR Section 240.15c212(b), because the Bonds are not being purchased by a broker, dealer or municipal securities dealer acting as an underwriter in a primary offering of municipal securities.
SECTION 20. Arbitrage. The Issuer covenants and agrees that, to the extent permitted by the laws of the State of Louisiana, it will comply with the requirements of the Internal Revenue Code of 1986 and any amendment thereto (the "Code") in order to establish, maintain and preserve the exclusion from "gross income" of interest on the Bonds under the Code. The Issuer further covenants and agrees that it will not take any action, fail to take any action, or permit any action within its control to be taken, or permit at any time or times any of the proceeds of the Bonds or any other funds of the Issuer to be used directly or indirectly in the manner, the effect of which would be to cause the Bonds to be "arbitrage certificates" or would result in the inclusion of the interest on any of the Bonds in gross income under the Code, including, without limitation, (i) the failure to comply with the limitation on investment of Bond proceeds or (ii) the failure to pay any required rebate of arbitrage earnings to the United States of America or (iii) the use of the proceeds of the Bond in a manner which would cause the Bonds to be "private activity certificates".
The Executive Officers are hereby empowered, authorized and directed to take any and all action and to execute and deliver any instrument, document or certificate necessary to effectuate the purposes of this Section.
SECTION 21. Qualified Tax-Exempt Obligations. The Bonds are designated as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code. In making this designation, the Issuer finds and determines that:
(a) the Bonds are not "private activity certificates" within the meaning of the Code; and
(b) the reasonably anticipated amount of qualified tax-exempt obligations which will be issued by the Issuer and all subordinate entities in calendar year 2010 does not exceed $30,000,000.
SECTION 22. Publication. A copy of this Resolution shall be published immediately after its adoption in one issue of the official journal of the Issuer.
SECTION 23. Headings. The headings of the various sections hereof are inserted for convenience of reference only and shall not control or affect the meaning or construction of any of the provisions hereof.
SECTION 24. Effective Date. This Resolution shall become effective immediately.
The Bond Resolution having been submitted to a vote, the vote hereon was as follows:
YEAS: Dan Warner, Jan Hicks
ABSTAIN: Paul Price, Jr. (as President)
ABSENT: Michael Wright, Nick Poulos
THUS DONE, adopted and signed on this the 4th day of August, 2010.
/s/ Paul Price, Jr. Paul Price, Jr., Chairman
/s/ Michael Blake Kramer Michael Blake Kramer, SecretarySTATE OF LOUISIANA
PARISH OF FRANKLIN
I, the undersigned Secretary of the Franklin Parish Hospital Service District No. 1, Parish of Franklin, State of Louisiana, do hereby certify that the foregoing seven (7) pages constitute a true and correct copy of a resolution enacted by the Board of Commissioners of said Hospital Service District on August 4, 2010, authorizing the issuance of not to exceed Two Hundred Thousand and 00/100 Dollars ($200,000) of Revenue Bonds, Series 2010, of the Franklin Parish Hospital Service District No. 1, Parish of Franklin, State of Louisiana; prescribing the form, terms and conditions of said Bonds designating the date, denomination and place of payment of said Bonds; providing for the payment thereof in principal and interest; providing for the sale of said Bonds; entering into certain other covenants and agreements in connection with the security and payment of said Bonds; and providing for other matters in connection therewith.
IN FAITH WHEREOF, witness my official signature and the impress of the official seal of said Franklin Parish Hospital Service District No. 1, Parish of Franklin, State of Louisiana, on this, the 4th day of August, 2010.
/s/ Michael Blake Kramer, Secretary
The Franklin Parish School Board, during the regularly scheduled board meeting on August 2, 2010 adopted the 2010/2011 General Fund and Consolidated Budget.
Edwin Ray Bryan Jr., President Franklin Parish School Board
7293 Prairie Road
Winnsboro, LA 71295
CITY OF WINNSBORO
ORDINANCE NO. 940
ORDINANCE OF THE CITY OF WINNSBORO, LOUISIANA, GRANTING TO ATMOS ENERGY CORPORATION (A TEXAS AND VIRGINIA CORPORATION WITH ITS PRINCIPAL OFFICE IN THE CITY OF DALLAS, DALLAS COUNTY, TEXAS) AND ITS SUCCESSORS AND ASSIGNS THE FRANCHISE AND RIGHTS TO CONDUCT IN SUCH CITY THE BUSINESS OF ACQUIRING, MAINTAINING, CONSTRUCTING, LAYING, REPAIRING, REMOVING, REPLACING, INSTALLING, OPERATING, AND DISPOSING OF A GAS SYSTEM FOR THE SALE, TRANSPORTATION, AND DISTRIBUTION OF NATURAL GAS WITHIN AND BEYOND THE MUNICIPAL BOUNDARIES OF THE CITY AND TO THE RESIDENTS AND BUSINESSES LOCATED THEREIN FOR LIGHT, HEAT, POWER, AND ANY OTHER PURPOSES AND THE RIGHT TO USE THE PRESENT AND FUTURE STREETS, ROADS, HIGHWAYS, ALLEYS, BRIDGES, PUBLIC WAYS, AND IMMOVABLE PROPERTY IN SUCH CITY AND OWNED OR CONTROLLED BY SUCH CITY FOR SUCH PURPOSES; PRESCRIBING THE TERMS AND CONDITIONS TO WHICH SUCH FRANCHISE AND RIGHTS ARE SUBJECT; AND PRESCRIBING THE TERM OF SUCH FRANCHISE AND RIGHTS.
BE IT ORDAINED by the Mayor and Board of Aldermen of the CITY OF WINNSBORO, LOUISIANA (hereinafter referred to as the "City") that, subject to the terms and conditions hereinafter set forth, ATMOS ENERGY CORPORATION, a Texas and Virginia corporation with its principal office in the City of Dallas, Dallas County, Texas (hereinafter referred to as "ATMOS"), be, and hereby is, granted the non-exclusive franchise and rights to conduct in the City the business of acquiring (by purchase, lease, or otherwise), maintaining, constructing, laying, repairing, removing, replacing, installing, operating, and disposing of (by sale, lease, or otherwise) a Gas System, hereinafter defined, for the sale, transportation, and distribution of natural gas within and beyond the municipal boundaries of the City and to the residents and business located therein for light, heat, power, and any other purpose during the term set forth below. Such franchise and rights shall include, but not be limited to, the right to use the present and future streets, roads, highways, alleys, bridges, public ways, and other immovable property owned by or under the control of the City for purposes of maintaining, constructing, laying, repairing, removing, replacing, installing, and operating any and all components of the Gas System, together with access, at all times and from time to time, to such streets, roads, highways, alleys, bridges, public ways, and other immovable property during the term hereof.
For purposes of this Ordinance, the following terms shall have the meanings set forth below:
Section 1.1. Gas System. The term "Gas System" shall mean any and all pipelines, as hereinafter defined, regulators, meters, valves, compressors, anti-corrosion items, facilities, structures, machinery, equipment, and appurtenances of any kind that ATMOS Energy, in its sole discretion, may deem necessary or advisable for the exercise of the franchise and rights granted to ATMOS herein.
Section 1.2. Pipelines. The term "pipelines" shall mean any and all above-ground and below-ground pipes, including but not limited to, mains, distribution lines, secondary lines, laterals, and other pipes, that have been, are being, or are intended to be used at any time in, or in connection with, the sale, transportation, or distribution of natural gas within and beyond the City limits.
Section 2.1. Term. The term of the franchise and rights hereby granted to ATMOS shall be for a period of twenty-five (25) years, commencing on the later of (i) thirty (30) days after the date of publication of this Ordinance in accordance with law or (ii) the expiration of the franchise held by ATMOS immediately preceding this franchise.
GRANT OF SPECIFIC RIGHTS TO ATMOS ENERGY
In addition to the franchise and rights granted herein to ATMOS, the City acknowledges that ATMOS has, and hereby grants to ATMOS, the following rights and powers:
Section 3.l. Reconnection Charges. In addition to any and all other proper charges, ATMOS may charge and collect from any consumer whose service has been discontinued by ATMOS a reasonable reconnection fee or similar charge for recommencing service to such consumer.
Section 3.2. Adoption of Rules. From time to time during the term hereof, ATMOS may, subject to any and all valid and applicable statutes, ordinances, rules, and regulations of any federal or state governmental authority or agency, make and enforce reasonable rules pertaining to ATMOS" business and operations, including, but not limited to, requiring payment on or before a specified day each month for all services furnished during the preceding month with the right to disconnect and discontinue service to delinquents.
Section 3.3. Removal of Gas System. ATMOS may remove all or any portion of the Gas System upon the expiration or termination of the franchise and rights granted hereby.
Section 3.4. Right of Use. ATMOS is hereby specifically granted a right of use on all present and future streets, roads, highways, alleys, bridges, public ways, and other immovable property owned by or under the control of the City for purposes of maintaining, constructing, laying, repairing, replacing, installing, and operating any and all components of the Gas System, together with access, at all times and from time to time, to such streets, roads, highways, alleys, bridges, public ways, and other immovable property during the term hereof.
OBLIGATIONS OF ATMOS
Section 4.1 Franchise Fee.
As consideration for the grant of the franchise and rights herein and for the use by ATMOS of the streets, roads, highways, alleys, bridges, public ways, and other immovable property owned or controlled by the City, ATMOS shall pay to the City, within thirty (30) days after the end of each calendar quarter, a franchise fee equal to two percent (2%) of ATMOS" gross receipts derived from the sale, transportation, and distribution by ATMOS of natural gas at retail to residential and commercial consumers located within the City limits during the preceding calendar quarter.
The franchise fee, together with any and all charges of the City for water, sewage, and garbage services provided by the City to ATMOS, any and all sales taxes collected by ATMOS, and any and all ad valorem taxes assessed by the City against ATMOS' property, shall constitute the only amounts for which ATMOS shall be obligated to pay to the City and shall be in lieu of any and all other costs, levies, assessments, fees, or other amounts, of any kind whatsoever, that the City, currently or in the future, may charge ATMOS or assess against ATMOS" property.
Section 4.2. No Obstruction of Public Property. ATMOS shall not unnecessarily or for any unreasonable period of time obstruct or interfere with the public use of any of the streets, roads, highways, alleys, bridges, public ways, or other immovable property owned or controlled by the City.
Section 4.3. Repair of Damages. ATMOS shall repair any and all damages caused solely by ATMOS to any streets, roads, highways, alleys, bridges, public ways, or other immovable property owned or controlled by the City and shall restore, as nearly as practicable, such property to substantially its condition immediately prior to the incident causing such damage. ATMOS shall commence such repairs immediately upon completion of the work or activity in which ATMOS was involved at the time the damage occurred and shall complete such repairs as promptly as possible.
Section 4.4. Conduct of Work and Activities. ATMOS shall use reasonable care in conducting its work and activities in order to prevent injury to any person and unnecessary damage to any immovable or personal property.
Section 4.5. Extension of Gas System. ATMOS shall, at its sole expense, extend its Gas System in order to serve additional consumers in accordance with the Standard Terms and Conditions for Natural Gas Service as now approved or as may hereafter be approved by the Louisiana Public Service Commission.
Section 4.6. Service to New Areas. If during the term of this franchise the boundaries of the City are expanded, the City will promptly notify ATMOS in writing of any geographic areas annexed by the City during the term hereof ("Annexation Notice"). Any such Annexation Notice shall be sent to ATMOS by certified mail, return receipt requested, and shall contain the effective date of the annexation, maps showing the annexed area and such other information as ATMOS may reasonably require in ascertaining whether there exist any customers of ATMOS receiving natural gas service in said annexed area. To the extent there are such ATMOS customers therein, then the gross revenues of ATMOS derived from the sale and distribution of natural gas to such customers shall become subject to the franchise fee provisions hereof effective on the first day of ATMOS" billing cycle immediately following ATMOS" receipt of the Annexation Notice. The failure by the City to advise ATMOS in writing through proper Annexation Notice of any geographic areas which are annexed by the City shall relieve ATMOS from any obligation to remit any franchise fees to City based upon gross revenues derived by ATMOS from the sale and distribution of natural gas to customers within the annexed area until City delivers an Annexation Notice to ATMOS in accordance with the terms hereof.
Section 5.1. Force Majeure. Notwithstanding anything expressly or impliedly to the contrary contained herein, in the event ATMOS is prevented, wholly or partially, from complying with any obligation or undertaking contained herein by reason of any event of force majeure, then, while so prevented, compliance with such obligations or undertakings shall be suspended. The term "force majeure," as used herein, shall mean any cause not reasonably within ATMOS" control and includes, but is not limited to, acts of God, strikes, lock-outs, wars, terrorism, riots, orders or decrees of any lawfully constituted federal, state, or local body, contagions or contaminations hazardous to human life or health, fires, storms, floods, wash-outs, explosions, breakages or accidents to machinery or lines of pipe, inability to obtain or the delay in obtaining rights-of-way, materials, supplies, or labor permits, temporary failures of gas supply, or necessary repair, maintenance, or replacement of facilities used in the performance of the obligations contained in this Ordinance.
Section 5.2. Amendments. This Ordinance and the franchise and rights granted herein may be amended only by written agreement of the City and ATMOS to such amendment.
Section 5.3. Repeal of Conflicting Ordinances. All other ordinances of the City or portions thereof that are in conflict or inconsistent with any of the terms or provisions of this Ordinance are hereby repealed to the extent of such conflict or inconsistency.
Section 5.4. Severability. In the event any part of this Ordinance is determined to be invalid or illegal for any reason whatsoever, such invalidity or illegality shall not affect the validity or legality of this Ordinance as a whole or of any parts hereof.
Section 5.5. Binding Effect. This Ordinance shall extend to, be binding upon, and inure to the benefit of, the parties hereto and their respective successors and assigns.
Section 5.6. Section and Other Headings. The section and other headings contained in this Ordinance are for reference purposes only and shall not affect in any way the meaning or interpretation of this Ordinance.
The foregoing ordinance was offered and introduced on the 19th day of July, 2010 by John Dumas, who moved for its adoption and which motion was seconded by Richard Mahoney. The ordinance having been so offered was submitted to a vote as a whole and adopted by the Mayor and Board of Aldermen of Winnsboro, Louisiana by the following vote:
Yeas: Mahoney, Dumas, Johnson, Gill Nays: None Absent: McCarthy
The foregoing ordinance was then declared adopted and was approved and signed by the Mayor on the 19th day of July, 2010 and ordered published.