HomeMy WebLinkAboutPO 6349: TRANSFER OF FRANCHISE PREVIOUSLY GRANTED TO ONEOK, INC. P.O. No. 6349
12/2/13 gt
ORDINANCE NO.
AN ORDINANCE APPROVING THE ASSIGNMENT AND TRANSFER OF
THE FRANCHISE PREVIOUSLY GRANTED TO ONEOK, INC.,
DETERMINING THAT THIS ORDINANCE WAS PASSED IN
ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT; DECLARING
AN EFFECTIVE DATE; ADOPTING A SAVINGS CLAUSE; AND
REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY
WHEREAS, ONEOK, Inc. through its division, Texas Gas
Service Company, provides natural gas distribution service
within the City of Port Arthur ( "City "); and
WHEREAS, the existing franchise between ONEOK, Inc. and
City granted under Ordinance No. 2905 enacted by the City on
August 29, 1963 ( "Franchise ") requires approval of the City
Council for the assignment and transfer of the Franchise.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR, TEXAS:
Section 1. That ONEOK, Inc. ( "ONEOK ") has complied with
the Franchise in requesting the express consent of the City for
the transfer and assignment of the Franchise to ONE Gas, Inc. an
Oklahoma corporation ( "ONE Gas ").
Section 2. That pursuant to Section 3, City Council of
the City of Port Arthur, Texas, hereby gives its consent to the
assignment and transfer by ONEOK to ONE Gas of the Port Arthur
Franchise, and to the substitution of ONE Gas for ONEOK in the
Franchise, which Franchise is incorporated herein by reference.
Section 3. That the City Council of the City of Port
Arthur, Texas, in open session at a regular scheduled meeting,
hereby approves the assignment and transfer by ONEOK to ONE Gas,
subject to the requirement that ONE Gas sign the acceptance of
this ordinance, which shall indicate that ONE Gas assumes of all
of ONEOK's rights, title and interests in or to the Franchise
and all rights and privileges granted thereunder, to be
effective upon the closing of the transaction by which ONE Gas
acquires certain assets and liabilities of ONEOK, including
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those related to the Franchise and the franchise ordinance
identified herein and assumes the obligations thereunder.
Section 4. That the meeting at which this resolution
was approved was in all things conducted in strict compliance
with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
Section 5. That this Ordinance shall take effect upon
the closing of the transaction by which ONE Gas acquires certain
assets and liabilities of ONEOK, as noted in Section 1.
Section 6. That if any one or more sections or clauses
of this Ordinance is adjudged to be unconstitutional or invalid,
such judgment shall not affect, impair or invalidate the
remaining provisions of this Ordinance and the remaining
provisions of the Ordinance shall be interpreted as if the
offending section or clause never existed.
Section 7. That a copy of this Ordinance shall be sent
to ONEOK, care of Janet Reinarz, Managing Attorney for Texas Gas
Service, at 1301 South Mopac, Suite 400, Austin, Texas 78746
within ten (10) days of its passage.
Section 8. That a copy of the caption of this Ordinance
be spread upon the Minutes of the City Council.
READ, ADOPTED AND APPROVED on this day of
A.D., 2013, at a Meeting of the City Council of the City of Port
Arthur, Texas, by the following vote: AYES:
Mayor
Councilmembers
NOES:
Mayor
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ATTEST:
City Secretary
APPROVED AS TO FORM:
City Atfforne
APPROVED FOR ADMINISTRATION:
City Manager
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ACCEPTANCE OF ORDINANCE NO.
ONE Gas, Inc., an Oklahoma corporation, accepts the
Franchise that was assigned to it by ONEOK, Inc. and approved by
the City Council of the City of Port Arthur, Texas, pursuant to
Ordinance No. , passed and approved on December 10, 2013.
This Franchise acceptance is filed in full acceptance of the
rights and liabilities contained in the Franchise and referenced
in Section 3 of Ordinance No. 2905. ONE Gas, Inc. hereby
assumes of all of ONEOK's rights, title and interests in or to
the Franchise and all rights and privileges granted thereunder.
This franchise acceptance is executed on the day of
, 2013, with the intent that it be effective upon
filing with the City Clerk of the City of Port Arthur, Texas.
ONE Gas, Inc.
Name Printed:
Title:
City Clerk Date
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