93-032 ORD AMENDING EXISTING FRANCHISE BETWEEN COP AND TEXAS UTILITIES ELECTRIC COMPANY

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without altering the payment dates specified in said franchise ordinance heretofore duly passed by the governing body of this CITY and duly accepted by TU Electric, said one-time payment being due and payable thirty (30) days after TU Electric's acceptance of this ordinance as provided in Section 6 hereot, and being a sum calculated as follows: (a) TU Electric shall determine the monthly average of its gross receipts from the retail sale of electric power and energy within the CITY during the period upon which the most recent franchise payment made to the CITY prior to June 1, 1993, was based; (b) the said monthl.y average of its gross receipts shall be multipled by 1% (0.01); and (c) the product so calculated shall be multiplied by the number of whole months from June 1, 1993, through the last day oi the last month of the period for which the most recent franchise paymerit made to the CITY prior to June l, 1993, was made. Section 3. Notwithstanding anything to the contrary in Section 1 hereof, if TU Electric files a general rate case and the CITY incurs cumulative expenses, otherwise reimbursable by TU Electric under Section 24 of the Public Utility Regulatory Act or si.milar or successor law, in excess of $4 million, then in such event, TU Electric shall reimburse all of the expenses incurred by the CITY in connection with all general rate cases filed during the period ended fifteen (15) years from the effective date hereof in excess of said $4 million. The term "general rate case" as used in this Section means a rate case initiated by TU Electric in which it seeks to increase its rates charged to a substantial number of its customer classes in the CITY and elsewhere in its syst:em and in which TU Electric's overall revenues are determined in setting such rates. CITY agrees to exercise reasonable best efforts, considering the facts and circumstances, ta keep its expenses on average to under $1,000,000 per general rate case. Section 4. Notwithstanding the provisions of Section 1 hereot, TU Electric will continue to reimburse the CITY'S ratemaking expenses, if any, in connection with the appeal and any remand af Public Utility Commission of Texas Docket No. 9300 that are otherwise reimbursable under Section 24 of the Public Utility Regulatory Act, and will continue to reimburse the CITY'S ratemaking expense, if any, in connection with Public Utility Commission of Texas Docket No. 11735 that are otherwise reimbursable under Section 24 of the Public Utility Regulatory Act to the extent that said ratemaking expenses are incurred through the entry of the last action by the Public Utility Commission of Texas (i.e., the said Commission's order overruling the last motion for rehearing) in said Docket No. 11735; the CITY hereby agrees that any ratemaking expenses incurred in connection with said Docket No. 11135 that the CITY incurs on appeal of said order will by the CITY'S sole responsibility and further agrees in the event that the CITY is a participant in the joint intervention of cities managed by the Steering Committee of TU Electric Service Area Cities intervening in Docket No. 11735, that the CITY decides to continue to participate with the Steering Committee in such appeal of said order, and TU Electric is required to reimburse said Steering Committee for ratemaking expenses under Section 24 of the Public Utility Regulatory Act that are incurred on appeal of said order in Docket No. 11735 to reimburse TU Electric the CITY'S share of reimbursable expenses related to said appeal and owed by TU Electric to said Steeri.ng Committee determined by the methodology chosen by the said Steering Committee (the CITY