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<br />"Discretionary Service Charges," items DD1 through DD24, that are for <br />the account or benefit of an end-use retail electric consumer. <br /> <br />(a) The franchise fee amounts based on "Discretionary Service <br />Charges" shall be calculated on an annual calendar year basis, Le., <br />from January 1 through December 31 of each calendar year. <br /> <br />(b) The franchise fee amounts that are due based on "Discretionary <br />Service Charges" shall be paid at least once annually on or before <br />April 30 each year based on the total "Discretionary Service <br />Charges" received during the preceding calendar year. <br /> <br />B. Oncor Franchise Fee Recovery Tariff <br /> <br />(1) Oncor may file a tariff amendment(s) to provide for the recovery of the <br />franchise fee on Discretionary Service Charges. <br /> <br />(2) City agrees (i) to the extent the City acts as regulatory authority, to adopt <br />and approve that portion of any tariff which provides for 100 % recovery of <br />the franchise fee on Discretionary Service Charges; (ii) in the event the City <br />intervenes in any regulatory proceeding before a federal or state agency in <br />which the recovery of the franchise fees on such Discretionary Service <br />Charges is an issue, the City will take an affirmative position supporting the <br />toO % recovery of such franchise fees by Oncor and; (iii) in the event of an <br />appeal of any such regulatory proceeding in which the City has intervened, <br />the City will take an affirmative position in any such appeals in support of <br />the 100% recovery of such franchise fees by Oncor. <br /> <br />(3) City agrees that it will take no action, nor cause any other person or entity <br />to take any action, to prohibit the recovery of such franchise fees by Oncor. <br /> <br />Section 3. That, in all respects, except as specifically and expressly amended by this <br />ordinance, the existing effective franchise ordinance heretofore duly passed by the governing body <br />of the City and duly accepted by Oncor shall remain in full force and effect according to its terms <br />until said franchise ordinance terminates as provided therein. <br /> <br />Section 4. That Oncor shall, within thirty (30) days from the passage of this ordinance, <br />file its written acceptance of this ordinance with the Office of the City Clerk in substantially the <br />following form: <br /> <br />To the Honorable Mayor and City Council: <br /> <br />Oncor Electric Delivery Company, acting by and through the <br />undersigned authorized officer, hereby accepts in all respects, on <br />this the _ day of , 20_, Ordinance No. <br />