19-18 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 19-18
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING ORDINANCE NO. 98-14 TO EXTEND THE TERM OF THE
FRANCHISE GRANTED TO COSERV GAS, LTD., ITS SUCCESSORS AND
ASSIGNS, TO CONSTRUCT, MAINTAIN, AND OPERATE PIPELINES AND
EQUIPMENT IN THE TOWN OF PROSPER, COLLIN AND DENTON COUNTIES,
TEXAS, FOR THE TRANSPORTING, DELIVERY, SALE, AND DISTRIBUTION
OF GAS IN, OUT OF, AND THROUGH SAID TOWN FOR ALL PURPOSES;
PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on August 11, 1998, the Town Council of the Town of Prosper, Texas (the
"Town"), passed, approved, and adopted Ordinance No. 98-14 ("Ordinance No. 98-14") granting
to CoSery Gas, Ltd. a franchise to use and occupy the present and future streets, alleys,
highways, public places, public thoroughfares, and grounds of Town, 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
Town 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 Town corporate limits
(collectively, the "Franchise"); and
WHEREAS, Ordinance No. 98-14 provided for an initial term of five (5) years, such term
having expired on June 15, 2003; and
WHEREAS, the term of Ordinance No. 98-14 has not been previously extended; and
WHEREAS, CoSery Gas, Ltd., d/b/a CoSery Gas, a Texas limited partnership (the
"Company"), has requested that (i) the term of Ordinance No. 98-14 be revived and extended for
a period ending on December 31, 2028, (ii) any use of the Franchise between June 15, 2003, and
present be fully ratified as if at all times occurring under the terms of Ordinance No. 98-14, and
(iii) the Franchise have the same terms and conditions as the franchise granted by Ordinance No.
98-14; and
WHEREAS, the Town has requested that the amount of the franchise fee payable by the
Company be increased from two percent (2%) to four percent (4%).
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
Effective for all purposes as of June 15, 2003, the term of Ordinance No. 98-14 is hereby
revived and extended until December 31, 2028, under the same terms and conditions as the
franchise granted by Ordinance No. 98-14, and as amended hereby, and any use of the Franchise
between June 15, 2003, and present is fully ratified as if at all times occurring under the terms of
Ordinance No. 98-14, as amended hereby.
1
SECTION 2
Effective as of the Effective Date (defined below), Section 8 of Ordinance 98-14 is hereby
amended by substituting the phrase "four percent (4%)" for "two percent (2%)" where it appears
in the fourth (4th) line of said Section 8.
SECTION 3
All provisions of the Code of Ordinances of the Town of Prosper in conflict with the
provisions of this Ordinance or Ordinance No. 98-14 are hereby repealed, and all other provisions
of the Code of Ordinances of the Town of Prosper, not in conflict with the provisions of this
Ordinance or Ordinance 98-14, shall remain in full force and effect.
SECTION 4
It is the intention of the Town Council that this Ordinance, and every provision hereof, shall
be considered severable, and the invalidity or unconstitutionality of any section, clause, provision
or portion of this Ordinance shall not affect the validity or constitutionality of any other portion of
this Ordinance.
SECTION 5
This Ordinance shall become effective thirty (30) days after its passage and publication
as may be required (the "Effective Date"), providing Company has filed with the Town Secretary
its written acceptance of this Ordinance prior to the Effective Date, such written acceptance to be
in the form attached hereto as Exhibit A and incorporated herein by this reference.
PASSED AND APPRQVFn RY THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, ON THIS 9TH o RAN.019.
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Ray Smith, Mayor
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ATTEST:
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Town Secretary
APPROVED AS TO FORM AND LEGALITY:
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Terrence S. Welbh, Town Attorney
Ordinance No. 19-18, Page 2
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Town of Prosper, Texas
200 S: Main St:
Prosper, Texas 75078
Attention: Town Manager
RE: CoServ: Gas Franchise; Ordinance No. 19-18 -
This letter.certifies'that CoServ: Gas, Ltd.,'d/b/a CoServ. Gas, accepts and agrees to be contractually
bound by the terms and conditions of Ordinance No. 19-18, a copy of which is attached hereto as Exhibit
A.
COSERV GAS, LTD., d/b/a COSERV GAS
By: CoSery Natural, L.L.C., its general partner
By:
Name: Curds Tzk -r
Title: Sca kiory V P— EHEv-g�y S��vic�5