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<br /> facilities furnished by the Company. Provided, however, that nothing herein shall authorize
<br /> Company to discontinue, suspend, or refuse to furnish service where Company is otherwise legally
<br /> prohibited from taking such action.
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<br /> Section 15. Records, Reports, and Inspections
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<br /> (a) The Company shall use the system of accounts and the forms of books, accounts, records,
<br /> and memoranda prescribed by the Public Utility Commission of Texas, or as mutually agreed to by
<br /> the City and Company. Should the Public Utility Commission of Texas cease to exist, the City
<br /> retains the right to require the Company to maintain a system of accounts and forms of books and
<br /> accounts and memoranda prescribed either by the Federal Energy Regulatory Commission or the
<br /> National Association of Regulatory Utility Commissioners or the successor of either of these
<br /> organizations as mutually agreed to by the City and Company.
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<br /> (b) Upon the City's request, Company will promptly advise the City of the nature, content,
<br /> and purpose of any financial and operating report it makes to the Public Utility Commission of
<br /> Texas, the Railroad Commission of Texas, the Federal Energy Regulatory Commission, and the
<br /> Securities and Exchange Commission. Company will promptly provide copies of any or all of these
<br /> reports and such special studies as the Director of Finance, or his representative, and the governing
<br /> body of the City may reasonably require in the administration of this franchise.
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<br /> (c) The Director of Finance, or his representative, shall have the right, at reasonable times,
<br /> to inspect the plant, equipment, and other property of the Company and its affiliates, according to
<br /> state law, and to examine, audit, and obtain copies of the papers, books, accounts, documents, and
<br /> other business records of the Company and its affiliates consistent with state law.
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<br /> (d) The City shall retain all of the investigative powers and other rights provided to the City
<br /> by the charter and state law.
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<br /> Section 16. Rules and Regulations
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<br /> (a) In order to insure uniform and reasonable application of conditions for service and to
<br /> insure availability of service to all without discrimination, the City may exercise supervision of
<br /> Company's rules and regulations concerning service furnished under this franchise in accordance
<br /> with state law.
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<br /> (b) The governing body of the City may establish, after reasonable notice and hearing, such
<br /> rules and regulations as may be in the public interest regarding rates, the furnishing of service,
<br /> administration of customer accounts, and construction of Company facilities on City property.
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<br /> Section 17. Cash Consideration to be Paid by the Company
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<br /> (a) In consideration of the grant of said right, privilege, and franchise by the City, and as full
<br /> payment for the right, privilege, and franchise of using and occupying the said streets, thoroughfares,
<br /> alleys, highways, and public grounds and ways, and in lieu of any and all occupation taxes,
<br /> assessments, municipal charges, fees, easement taxes, franchise taxes, license and inspection fees
<br /> or charges, street taxes, street or alley rentals, certain regulatory expenses under Section 2.106 (a)
<br /> of the Public Utility Regulatory Act of 1995, or any similar or successor law, and all other taxes,
<br /> charges, levies, fees and rentals of whatsoever kind and character which the City may impose or
<br /> hereafter be authorized or empowered to levy and collect, excepting only the usual general or special
<br /> ad valorem taxes which the Ciry is authorized to levy and impose upon real and personal property,
<br /> sales and use taxes, and special assessments for public improvements, the Company shall pay to the
<br /> City, on a quarterly basis during the term hereof, a sum of money equal to four percent (4%) of its
<br /> quarterly gross receipts received by the Company from the retail sale of electric power and energy
<br /> within the corporate limits of the City. The first payment hereunder shall be due and payable on or
<br /> before January l, 1998, and shall be based upon the Company's said gross receipts received during
<br /> the three-month period ended the prior November 30 and shall be payment for the rights and
<br /> privileges granted hereunder during the said three-month period. Subsequent payments shall be due
<br /> and payable quarterly thereafter on or before the first day of the second month following the end of
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