2002-056-ORD AMENDING EXISTING GAS FRANCHISE BETWEEN COP AND TXU GAS CO

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(3) City agrees that it will take no action, nor cause any other person or entity to take any action, to prohibit the recovery of such franchise fees by TXU Gas. F. Lease of Facilities Within City's Rights-of-Way. TXU Gas shall have the right to lease, license or otherwise grant to a party other than TXU Gas the use of its facilities within the City's public rights-of-way provided: (i) TXU Gas first notifies the City of the name of the lessee, licensee or user; the type of service( s) intended to be provided through the facilities; and the name and telephone number of a contact person associated with such lessee, licensee or user and (ii) TXU Gas makes the franchise fee payment due on the revenues from such lease pursuant to Sections 2.A. and 2.B. of this Ordinance. This authority to Lease Facilities Within City's Rights- of-Way shall not affect any such lessee, licensee or user's obligation, if any, to pay franchise fees. Section 3. That, in all respects, except ass pecifically and expressly a mended by this ordinance, the existing effective franchise ordinance heretofore duly passed by the governing body ofthe City and duly accepted by TXU Gas shall remain in full force and effect according to its terms until said franchise ordinance terminates as provided therein. Section 4. That TXU Gas shall, within thirty (30) days from the passage of this ordinance, file its written acceptance of this ordinance with the Office of the City Clerk in substantially the following form: To the Honorable Mayor and City Council: TXU Gas Distribution, a division of TXU Gas Company, acting by and through the undersigned authorized officer, hereby accepts in all respects, on this the _ day of , 20_, Ordinance No. amending the current gas franchise between the City and TXU Gas and the same shall constitute and be a binding contractual obligation of TXU Gas and the City. TXU Gas Distribution A division of TXU Gas Company By: Vice President Section 5. Introduced, read, and passed on first reading on August 12, 2002, at a regular meeting of the City Council of the City of Paris; read and passed on second reading on September 9, 2002, at a regular meeting of the City Council of the City of Paris; and, read and passed on third and final reading on October 14, 2002, at a regular meeting of the City Council of the City of Paris, the same being three (3) separate regular meetings of the City Council of the City of Paris, and the last reading being not less than thirty (30) days from the first. Page 4 of 5