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<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> ORDINANCE N.U. 93_n,12 <br /> <br /> <br /> AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING THE <br /> EXISTING FRANCHISE BETWEEN THE CITY AND TEXAS UTILITIES <br /> ELECTRIC COMPANY TO PROVIllE FOR A DIFFERENT CONSIDERATION; <br /> PROVIDING AN EFFECTIVE DA'IE; PROVIDING FOR ACCEPTANCE BY <br /> TEXAS UTILITIES ELECTRIC COMPANY; FINDING ANll DETERMINING <br /> THAT THE MEETING TO WHICH THIS ORDINANCE IS PASSED IS OPEN TO <br /> THE PUBLIC AS REQUIRED BY LtiW; AND DECLARING AN EMERGENCY. <br /> WHEREAS, Texas Utilities Electric Company (hereinafter <br /> called "TU Electric") is engaged in the business of providing <br /> electric utility service within the City of Paris, Paris, <br /> Texas (hereinafter called "CITY") and is using the public <br /> streets, alleys, grounds and rights-of-way within the CITY <br /> for that purpose under the terms of a franchise ordinance <br /> heretofore duly passed by the governing body of the CITY and <br /> duly accepted by TU Electric; and <br /> WHEREAS, TU Electric has, pursuant to said franchise <br /> ordinance, been paying to the CITY a sum equal to three <br /> percent (3%) oi its gross receipts from the retail sale of <br /> electric power and energy within the CITY for the rights and <br /> privileges set forth in said franchise ordinance and, in <br /> addition thereto, has reimbursed the CITY for its ratemaking <br /> expenses pursuant to Sect:ion 24 of the Public Utility <br /> Regulatory Act; and <br /> WHEREAS, the C1TY and TU Electric desire to amend said <br /> franchise ordinance to provicle for a different consideration <br /> to consist of a sum equal to four percent (4%) of its gross <br /> receipts from the retail sale of electric power and energy <br /> within the CITY, which different consideration includes, <br /> among other things, TU Electric's obligation to reimburse the <br /> CITY for its ratemaking and other regulatory expenses to be <br /> incurred by the CITY involving the regulation of TU Electric; <br /> NOW THEREFORE, <br /> BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS: <br /> Section l. The consideration payable by TU Electric <br /> for the rights and privileges granted to TU Electric by the <br /> franchise ordinance heretofore duly passed by the governing <br /> body of this CITY and duly accepted by TU Electric is hereby <br /> changed to be four percent (4%) of its gross receipts from <br /> the retail sale of electric power and energy within the <br /> corporate limits of the CITY, said changed percentage to be <br /> applied to said gross receipts beginning on June l, 1993, and <br /> being payable as specified in said franchise ordinance and <br /> based upon the same time periods as specified in said <br /> franchise ordinance and being payment for the said rights and <br /> privileges during the period specified in said tranchise <br /> ordinance, said payment being in lieu of and shall be <br /> accepted as payment for all of TU Electric's obligations ta <br /> pay municipal charges, fees, rentals, pole rentals, wire <br /> taxes, inspection fees, easement taxes, franchise taxes, <br /> certain regulatory expenses under Section 24 of the Public <br /> Utility Regulatory Act or any similar or successor law, or <br /> other charges and taxes of every kind, except ad valorem <br /> taxes, sales and use taxes, and special taxes and assessments <br /> ior public improvements. <br /> Section 2. TU Electric shall make a one-time payment <br /> hereunder for the purpose of making the changed consideration <br /> as specified in Section 1 hereof effective on June 1, 1993, <br />