97-041 ORD GRANTING TEXAS UTILITIES ELECTRIC COMPANY FRANCHISE FOR PURPOSE OF CONSTRUCTING, ERECTING AND MAINTAINING ITS POLES TOWERS WIRES ANCHORS ETC

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(b) Company agrees to continue in its commitment to maintain fairness and equality in the workplace and in its purchases of goods, equipment, and other services. To this end, Company agrees to faithfully adhere to all valid and applicable federal, state, and city rules and regulations pertaining to non-discrimination, equal employment, and affirmative action. Section 23. Franchise and Other Violation Upon evidence received by the City Council of the City of a violation of this franchise, City Charter provision, or ordinance lawfully regulating Company in the furnishing of service hereunder is occurring or has occurred, the City Council shall cause an investigation to be made. If the City Council finds that such a violation exists or has occurred, it shall take the appropriate steps to secure compliance. Section 24. Conformity to Constitution, Statutes, Charter, and City Code This ordinance is passed subject to the applicable provisions of the Constitution and laws of the State of Texas, the Charter of the City of Paris, and the Code of Ordinances of the City of Paris. This franchise agreement shall in no way affect or impair the rights, obligations, or remedies of the parties under the Public Utility Regulatary Act of 1995, ar amendments thereto. Section 25. Annexations by City This franchise shall extend to and include any and all territory which is annexed by the City during the term of this franchise. Section 26. Energy Conservation And Efficiency Upon request, Company will, to the extent Company provides such service to other customers, provide the City of Paris with periodic professional reviews of the City's energy usage, costs, conservation, efficiency, and environmental protection activities by division and delivery point in each City department. Section 27. No Personat Liability All of the regulations provided in this Ordinance are hereby declared to be governmental and for the health, safety, and welfare of the general public. Any member of the City Council or any City official or employee charged with the enforcement of this Ordinance, acting for the City of Paris in the discharge of his or her duties, shall not thereby render himself or herself personally liable; and he or she is hereby relieved from all personal liability for any damage that might accrue to persons or property as a result of any act required or permitted in the discharge of his or her duties. Section 28. No Waiver of Rights Neither party to this agreement waives its respective rights to seek all appropriate legal and equitable remedies as allowed by law upon violation of the terms of this agreement, including, but not limited to, seeking injunctive relief in a court of competent jurisdiction. Section 29. Right of Appeal Nothing herein shall be deemed a waiver, release, or relinquishment of either party's right to contest or appeal any action or decision of the other party made contrary to any federal, state, or local law or regulation. Section 30. No Exclusive Privileges Conferred by this Ordinance The rights, privileges, and franchises granted by this Ordinance are not to be considered exclusive, and the City hereby expressly reserves the right to grant, at anytime, like privileges, rights, and franchises as it may see fit to any other person or corporation for the purpose of providing electric light, heat, and power to and for the City and the inhabitants thereof. 10