2005-038A-ORD PROVIDING ORDINANCE NO 2001-033 WHICH GRANTED FRANCHISE FOR ELECTRIC SERVICE TO TEXAS UTILITIES ELECTRIC COMPANY

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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That Ordinance No. 2001-033, granting a franchise to Texas Utilities Electric Company, subsequently known as Oncor Electric Delivery Company, now known as TXU Electric Delivery Company, to provide electric power service within the city limits of the City of Paris, Texas, is hereby extended by the mutual consent of the parties for an additional term of twelve (12) months to end on July 12, 2006. Section 3. That if for any reason the payment of a franchise fee pursuant to Section 17 of Ordinance No. 2001-033 shall in any way or at any time be found improper or inappropriate for any reason, then the payment of such compensation in the same amount as provided in said Section 17 shall be considered a street use fee pursuant to Section 273.007 of the Texas Local Government Code or other applicable state laws and shall be due and payable in accordance with the terms of Section 17 through July 12, 2006 Section 4. In lieu of the payment schedule set forth in Section l7(a) of Ordinance 2001-033, Company shall continue to pay, and city shall continue to accept, a franchise fee payment to be prepaid June lOon an annual basis in the amount as calculated pursuant to said Section, until such time as a new franchise ordinance becomes effective. Section 5. That all of the terms and provisions of Ordinance No. 2001-033, save and except as in conflict with the terms and provisions of this ordinance, shall remain in full force and effect for the additional term as provided herein. Section 6. That the terms and provisions of this ordinance are severable and the invalidity of any provision should not affect the validity of the remaining provisions thereto. Section 7. That this ordinance shall become effective on July 12,2005; provided, however, that should a different effective date be required by law, then such effective date shall apply; provided further, however, that the terms and provisions of Section 3 herein shall in any event be effective July 12, 2005. Section 8. That this ordinance was introduced, read, and passed on first reading on July II, 2005, at a regular meeting of the City Council of the City of Paris; on second reading at a regular meeting of the City Council on July 25, 2005; and final reading at a regular meeting of the City Council on August 22, 2005, the same being three separate regular meetings of the City Council of the City of Paris, the last being not less than thirty (30) days from the fust.