Ordinance No. 13,641ORDINANCE NO. 13,641
AN ORDINANCE AMENDING ORDINANCE NO. 2359, THE FRANCHISE
AGREEMENT BY AND BETWEEN THE CITY OF BAYTOWN, TEXAS, AND
CENTERPOINT ENERGY RESOURCES CORP., DBA CENTERPOINT
ENERGY TEXAS GAS OPERATIONS, SUCCESSOR IN INTEREST TO
ENTEX, INC.; PROVIDING A REPEALING CLAUSE; CONTAINING A
SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
WHEREAS, CenterPoint Energy Resources Corp., d/b 'a CenterPoint Energy Texas Gas
Operations (the "Company") has operated under Ordinance No. 2359 which expires on December 20,
2017; and
WHEREAS, the City and the Company are negotiating a new suitable franchise agreement;
and
WHEREAS, in order to finalize the negotiations, the Company and the City believe that the
current franchise agreement should be extended under the same terms and conditions for a six-month
period; and
WHEREAS, the extension of time should afford the parties more time to finalize the
agreement while ensuring that the citizens who enjoy the Company's services may continue to do so;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: Unless a different meaning clearly appears from the context, words and
phrases as used in this Amendment shall have the same meaning as in Ordinance No. 2359.
Section 2: That Section 13 of Ordinance No. 2359 of the City of Baytown, Texas, is
hereby amended to read as follows:
Section 13: This franchise shall take effect and continue and remain in
effect for the term beginning with the effective date of Ordinance No. 2359 and
ending June 30, 2018.
Section 3: The Company has prior to the date of the final passage of this ordinance
by the City Council of the City of Baytown, filed with the City Clerk of Baytown a written
statement signed in its name and behalf by an officer of the Company duly authorized by its
Board of Directors in the following form:
The Honorable Mayor and the City Council of the City of Baytown:
CenterPoint Energy Resources Corp., d/b/a CenterPoint Energy Texas Gas
Operations, for itself, its successors and assigns, hereby accepts the attached
ordinance which will be considered by the City Council of Baytown, the 20th day
of November, 2017, and agrees to be bound by all of its terms and provisions.
CENTERPOINT ENERGY
RESOURCES CORP., DBA
CENTERPOINT ENERGY TEXAS
GAS OPERATIONS
(Signature)
(Printed Name)
(Title)
STATE OF TEXAS §
COUNTY OF HARRIS §
Before me on this day? per appeared a r) da l 11 P�C D in his
capacity as h r o n cL/ C i n -h O r,' of CenterVoint Energy
Resources Corp., d/b/a C enterPoint knergy Texas Gas Operations, on behalf
of such corporation, known to me to be the person whose name is subscribed
to the foregoing instrument and acknowledged to me that he executed the same
for the purposes and consideration therein expressed.
SUBSCRIBED AND SWORN before me this _ day of November.
2017.
ALICE S HART
09 Notery POW, SIO of Texas
Mvconxn*ero"F0007'17-2o1e Notary Public in and for the State
of Texas
Section 4: Nothing contained herein should be construed as to guaranty or grant
the Company a renewal of a franchise to operate within the City. This ordinance merely
extends the current franchise agreement until the above -referenced date.
Section 5: All ordinances or parts of ordinances inconsistent with the terms of
this ordinance are hereby repealed; provided however, that such repeal shall be only to the extent
of such inconsistency and in all other respects this ordinance shall be cumulative of other
ordinances regulating and governing the subject matter covered by this ordinance.
Section 6: If any provisions. section, exception, subsection, paragraph, sentence,
clause or phrase of this ordinance or the application of same to any person or set of
circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity
shall not affect the validity of the remaining provisions of this ordinance or their application
to other persons or sets of circumstances and to this end all provisions of this ordinance are
declared to be severable.
Section 7: This ordinance shall take effect immediately from and after its passage by the
City Council of the City of Baytown. 14
INTRODUCED, READ and PASSED by the ai
City of Baytown this the 20th day of November, 2017.
S
ATTEST:
LETICIA BRYSCH, C Clerk
APPROVED AS TO FORM:
aGfqACIO RAMIREZ,., City Attorney
RAKarenWiles\City Council Ordinances\2017\November 20.GasFranchiseExtension.docx
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of the City Council of the
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