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<br /> <br /> <br /> <br /> <br /> <br /> Section 31. Cumulative Effect: Repealer <br /> <br /> This ordinance shall be and is hereby declared to be cumulative of all other ardinances of the <br /> City of Paris, and this Ordinance shall not operate to repeal or affect any of such other ordinances <br /> except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of <br /> this Ordinance, in which event such conflicting provisions, if any, in such other ordinance or <br /> ordinances are hereby repealed. The captions in the Ordinance are included for convenience only <br /> and shall not be taken into consideration in any construction or interpretation of the Ordinance or <br /> any of its provisions. Acceptance of this Ordinance by the Company shall not affect the Company's <br /> right to contest or challenge the validity, enforceability, or applicability of any other ordinance or of <br /> any provision of the City Charter. <br /> <br /> Section 32. Effective Date <br /> <br /> This Ordinance shall become effective on November 7, 1997, the same being sixty (60) days <br /> from the date of final passage hereof, and upon the filing by the Company with the City Clerk of its <br /> written acceptance of the terms and conditions hereof within thirty (30) days after the date of final <br /> passage. <br /> <br /> Section 33. Term of this Ordinance: Expiration <br /> <br /> This franchise shall be for a term of three (3) years from and after the effective date hereof, <br /> and shall terminate on November 6, 2000. <br /> <br /> Section 34. Effect of City's Charter <br /> <br /> The franchise granted herein shall be subject to all valid and enforceable provisions of <br /> Section 122 of the Charter of the Ciry of Paris and other applicable valid sections therein, which are <br /> hereby incorporated by reference and expressly made a part hereof, the same as if copied verbatim. <br /> <br /> Section 35. Severability <br /> <br /> It is hereby declared to be the intention of the City Council that the sections, paragraphs, <br /> sentences, clauses, and phrases of this Ordinance are severable, and, if any section, paragraph, <br /> sentence, clause, or phrase of this Ordinance shall be declared unconstitutional by the valid judgment <br /> or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the <br /> remaining sections, paragraphs, sentences, clauses, and phrases of this Ordinance, since the same <br /> would have been enacted by the City Council without the incorporation in this Ordinance of such <br /> unconstitutional section, paragraph, sentence, clause, or phrase. In the event that any provision <br /> hereof is declared unconstitutional, void, invalid, or unenforceable, the Company and the City agree <br /> to negotiate, in good faith, a provision that will be valid and enforceable and which will be as close <br /> in meaning and application as practicable to said unconstitutional, void, invalid, or unenforceable <br /> provision. <br /> <br /> Section 36. Acceptance of Franchise <br /> <br /> (a) The Company shall, within thirty (30) days from the final passage of this Ordinance, file <br /> in the office of the City Clerk a written instrument signed and acknowledged by a duly authorized <br /> officer, in substantially the following form: <br /> <br /> "To the honorable Mayor and City Council of the City of Paris: <br /> <br /> "The Company, Texas Utilities Electric Company, acting by and through the <br /> undersigned authorized officer, hereby accepts Ordinance No. granting <br /> a franchise to Texas Utilities Electric Company. <br /> <br /> "Senior Vice President <br /> <br /> "TEXAS UTILITIES ELECTRIC COMPANY <br /> <br /> 11 <br />