WHEREAS, the governing body of the City of Caney. Kansas did on the 7th day of November, 2016, adopt and pass Ordinance No. 2149 entitled: and

AN ORDINANCE GRANTING A FRANCHISE BY THE CITY OF CANEY, COUNTY OF MONTGOMERY, KANSAS TO ATMOS ENERGY CORPORATION, ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO FURNISH, SELL AND DISTRIBUTE GAS TO THE CITY AND TO ALL PERSONS, BUSINESSESS AND INDUSTRIES WITHIN THE CITY AND THE RIGHT TO ACQUIRE, CONSTRUCT, INSTALL, LOCATE, MAINTAIN, OPERATE AND EXTEND INTO, WITHIN AND THROUGH SAID CITY ALL FACILITIES REASONABLY NECESSARY TO FURNISH, SELL AND DISTRIBUTE GAS TO THE CITY AND TO ALL PERSONS, BUSINESSES AND INDUSTRIES WITHIN THE CITY AND IN THE TERRITORY ADJACENT THERETO AND THE RIGHT TO MAKE REASONABLE USE OF ALL STREETS AND OTHER PUBLIC PLACES AS MAY BE NECESSARY, AND FIXING THE TERMS AND CONDITIONS THEREOF.

WHEREAS, said Ordinance was duly signed by the Mayor of said City of Caney, Kansas, and the seal of said City affixed and attested thereto by the City Clerk of the said City, and said Ordinance was duly published according to law in the State of Kansas, and

WHEREAS, said Ordinance further provides that it should be in full force and effect sixty (60) days from the date of its final passage.

NOW, THEREFORE, in compliance with the terms of said Ordinance so enacted and approved and attested, Atmos Energy Corporation, for itself, its trustees, successors and assigns, hereby accepts Ordinance No. 2149 and all rights and privileges therein granted, passed by the City Council of the City of Caney, Kansas, on the 7th day of November, 2016, and files this its written acceptance with the City Clerk of the City of Caney.

(12-01-2016)