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ORDINANCE NO. <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, <br />PARIS, TEXAS, AMENDING THE EXISTING GAS FRANCHISE BETWEEN <br />THE CITY AND TXU GAS COMPANY, TO PROVIDE FOR A DIFFERENT <br />CONSIDERATION AND TO AUTHORIZE THE LEASE OF FACILITIES <br />WITEiIN THE CITY'S RIGHTS-OF-WAY; PROVIDING FOR <br />ACCEPTANCE BY TXU GAS COMPANY; MAHING OTHER FINDINGS <br />AND PROVISIONS RELATED TO THE SUBJECT; FINDING AND <br />DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS <br />PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND <br />DECLARING AN EFFECTIVE DATE. <br />WHEREAS, TX-U Gas Company (hereinafter called "TXiJ Gas") is, through its TX-U Gas <br />Distribution division, engaged in the business of furnishing and supplying gas to the general public <br />in the city, including the transportation, delivery, sale, and distribution of gas in, out of, and through <br />the city for all purposes, and is using the public streets, alleys, grounds, and rights-of-ways within <br />the city for that purpose under the terms of a franchise ordinance heretofore duly passed by the <br />goveming body of the City and duly accepted by TXU Gas; and, <br />WHEREAS, the City and TX-U Gas desire to amend said franchise ordinance to provide for <br />a different consideration and to authorize the lease of facilities within the City's rights-of-way; <br />NOW, THEREFORE, <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, <br />TEXAS: <br />Section 1. That the findings set out in the preamble to this ordinance and hereby in all things <br />approved. <br />Section 2. That the existing gas franchise ordinance between the City and TXLT Gas <br />Company is amended as follows: <br />A. Effective January 1, 2002, the consideration payable by TXiJ Gas for the rights and <br />privileges granted to TXU Gas by the franchise ordinance heretofore duly passed by <br />the governing body of this City and duly accepted by TX-U Gas is hereby changed <br />to be four percent (4%) of the Gross Revenues, as defined in Section 23. below, <br />received by TX-U Gas. <br />B. "Gross Revenues" shall mean all revenue derived or received, directly or indirectly, <br />by the Company from or in connection with the operation of the System within the <br />corporate limits of the City and including, without limitation: <br />EXHIBIT B <br />Page 1 of 5 <br />