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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the three-month period upon which said payment is based and shall be payment for the rights and privileges granted hereunder for the said three-month period, that the quarterly payments shall be as follows: Payinent Quarter Upon Which Quarter For Which Due Date Pavment Is Based Payment Is Made Jan. l Sept. 1- Nov. 30 Sept. 1- Nov. 30 April l Dec. 1- Feb. 28 or 29 Dec. 1- Feb. 28 or 29 July 1 March 1- May 31 March 1- May 31 Oct. 1 June 1- August 31 June 1- August 31 Each such payment shall be accompanied with a report showing the gross receipts as aforesaid for the said three-month period upon which payment is based. (b) Notwithstanding anything to the contrary in Section 17(a) hereof, if the Company files general rate cases and the City incurs cumulative expenses, otherwise reimbursable by the Company under Section 2.106 (a) of the Public Utility Regulatory Act of 1995, or a similar or successor law, in excess of $4 million, then, in such event, the Company shall reimburse all of the expenses incurred by the City in connection with a11 general rate cases filed during the period beginning June l, 1993, and ending September 30, 2008, in excess of said $4 million. The term "general rate case" as used in this Ordinance means a rate case initiated by the Company in which it seeks to increase its rates charged to a substantial number of its customer classes in the City and elsewhere in Company's system and in which the Company's overall revenues are determined in setting such rates and includes any appeals and judicial review of orders regarding such rate cases. City agrees to exercise reasonable best efforts, considering the facts and circumstances, to keep its expenses on average to under $1,000,000.00 per general rate case. (c) Notwithstanding the provisions of Section 17(b) hereof, in the event that the City of Dallas incurs cumulative expenses in connection with general rate cases filed by the Company during the period beginning June 1, 1993, and ending September 30, 2008, in excess of $4 million and the Company reimburses the City of Dallas such excess, then, in that event, the Company will reimburse the City of Paris its reasonable expenses actually incurred that are otherwise reimbursable under Section 2.106 (a) of the Public Utility Regulatory Act of 1995, Article 1446c-0, V.A.T.S. (the "PURA") or a similar or successor law, in an amount calculated in accordance with the following formula: a = ([B - $4,000,000] = B) X c where: A= The amount reimbursable to the City of Paris under this franchise. B= The total amount of expenses incurred by the City of Dallas during the period beginning June 1, 1993, and ending September 30, 2008, in connection with general rate cases filed by the Company, which expenses would be reimbursable under Section 2.106 (a) of the PURA or a similar or successor law to the City of Dallas except for the terms of the City of Dallas's franchise, but excluding all such expenses incurred in connection with Public Utility Commission of Texas Dockets Nos. 9300 and 11735; and C= The total amount of expenses incurred by the City of Paris during the period beginning June 1, 1993, and ending September 30, 2008, in connection with general rate cases filed by the Company, which expenses would be reimbursable under Section 2.106 (a) of the PURA or a similar or successor law except for the terms of this franchise, but excluding all such expenses incurred in connection with Public Utility Commission of Texas Dockets Nos. 9300. 7