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2006-021-ORD-TXU ELECTRIC FRANCHISE
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2006-021-ORD-TXU ELECTRIC FRANCHISE
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Last modified
8/18/2006 4:36:12 PM
Creation date
5/10/2006 11:15:29 AM
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CITY CLERK
Doc Name
2006
Doc Type
Ordinance
CITY CLERK - Date
5/8/2006
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<br />calendar year. The franchise fee amounts that are due based on Discretionary Service Charges <br />shall be paid at least once annually on or before April 30 each year based on the total <br />Discretionary Service Charges provided during the preceding calendar year. The initial <br />Discretionary Service Charge franchise fee amount will be paid on or before April 30, 2007, and <br />will be based on the calendar year January 1 through December 31, 2006. The final <br />Discretionary Service Charge franchise fee amount will be paid on or before April 30, 2017, and <br />will be based on the calendar year January 1 through December 31, 2016. <br />E. Company may file a tariff amendment(s) to provide for the recovery of the <br />franchise fee on Discretionary Service Charges as provided in Section 7.A.(2) above. City <br />agrees (i) to the extent the City acts as regulatory authority, to adopt and approve that portion of <br />any tariff which provides for 100% recovery of the franchise fee on Discretionary Service <br />Charges; (ii) in the event the City intervenes in any regulatory proceeding before a federal or <br />state agency in which the recovery of the franchise fees on such Discretionary Service Charges is <br />an issue, the City will take an affirmative position supporting the 100% recovery of such <br />franchise fees by Company and; (iii) in the event of an appeal of any such regulatory proceeding <br />in which the City has intervened, the City will take an affirmative position in any such appeals in <br />support of the 100% recovery of such franchise fees by Company. City agrees that it will take <br />no action, nor cause any other person or entity to take any action, to prohibit the recovery of <br />such franchise fees by Company. <br />F. With each payment of compensation required by Section 7.A(1), Company shall <br />furnish to the City a statement, executed by an authorized officer of Company or designee, <br />providing the total kWh delivered by Company to each retail customer's point of delivery within <br />the City and the amount of payment for the period covered by the payment <br />G. With each payment of compensation required by Section 7.A(2), Company shall <br />furnish to the City a statement, executed by an authorized officer of Company or designee, <br />reflecting the total amount of gross revenues received by Company from services identified in its <br />"Tariff for Retail Delivery Service," Section 6.1.2, "Discretionary Service Charges," Items DD1 <br />through DD24. <br />H. If either party discovers that Company has failed to pay the entire or correct <br />amount of compensation due, the correct amount shall be determined by mutual agreement <br />between the City and Company and the City shall be paid by Company within thirty (30) <br />calendar days of such determination. Any overpayment to the City through error or otherwise <br /> <br />8 <br />
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