ORDINANCE NO. 8242

AN ORDINANCE AUTHORIZING THE ASSIGNMENT OF A NON-EXCLUSIVE NATURAL GAS FRANSCHISE AGREEMENT GRANTED BY ORDINANCE NO. 7155, TO BLACK HILLS/KANSAS GAS UTILITY COMPANY, LLC AND FURTHER PURSUANT TO K.S.A. 12-2001 ET SEQ.

WHEREAS, On November 2^nd, 1999, the Governing Body of the City of Lawrence adopted Ordinance No. 7155, granting a non-exclusive natural gas franchise agreement to Kansas Public Service, a division of Utilicorp, Inc.; and

WHEREAS,  On March 18, 2002, Utilicorp, Inc.; changed its corporate name to Aquila, Inc.; and

WHEREAS,  on February 6, 2007, Aquila, Inc. entered into an Asset Purchase Agreement under which it will transfer its gas utility operations in Kansas to Black Hills/Kansas Gas Utility Company, LLC; and

WHEREAS, Aquila, Inc. has requested pursuant to Section 11 of Ordinance No. 7155, that said franchise be assigned to Black Hills/Kansas Gas Utility Company, LLC.

NOW THEREFORE BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

Section 1.        The above recitals are hereby incorporated as if fully set forth herein.

Section 2.        The City Manager for the City of Lawrence is hereby authorized to execute an agreement with Aquila, Inc., assigning the franchise agreement granted by Ordinance No. 7155 to Black Hills/Kansas Gas Utility Company, LLC pursuant to Section 11 of Ordinance No. 7155.

Section 3.        This ordinance shall take effect and be in force upon its passage and publication once in the official city paper as provided by law.

ADOPTED by the governing body this ____ day of March, 2008.

APPROVED:

                                                                        _____________________

                                                                        Sue Hack, Mayor

ATTEST:

______________________________

Frank S. Reeb

City Clerk

Approved as to form and legality:

_________________________________________

Toni Ramirez Wheeler,  Director of Legal Services