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Gas' franchise fees is an issue, the City will take an affirmative position <br />supporting 100% recovery of such franchise fees by TXU Gas and; (iu) in <br />the event of an appeal of any such regulatory proceeding in which the City <br />has intervened, the City will take an affirmative position in any such appeals <br />in support of the 100% recovery of such franchise fees by TXU Gas. <br />(3) City agrees that it will take no action, nor cause any other person or entity to <br />take any action, to prohibit the recovery of such franchise fees by TXU Gas. <br />F. Lease of Facilities Within City's Rights-of-Way. TXU Gas shall have the right to <br />lease, license or otherwise grant to a party other than TXU Gas the use of its <br />facilities within the City's public rights-of-way provided: (i) TXLT Gas first notifies <br />the City of the name of the lessee, licensee or user; the type of service(s) intended <br />to be provided through the facilities; and the name and telephone number of a contact <br />person associated with such lessee, licensee or user and (ii) TXLT Gas makes the <br />franchise fee payment due on the revenues from such lease pursuant to Sections 2.A. <br />and 2.B. of this Ordinance. This authority to Lease Facilities Within City's Rights- <br />of-Way shall not affect any such lessee, licensee or user's obligation, if any, to pay <br />franchise fees. <br />Section 3. That, in all respects, except as specifically and expressly amended by this <br />ordinance, the existing effective franchise ordinance heretofore duly passed by the governing body <br />of the City and duly accepted by TXU Gas shall remain in full force and effect according to its terms <br />until said franchise ordinance terminates as provided therein. <br />Section 4. That TXU Gas shall, within thirty (30) days from the passage of this ordinance, <br />file its written acceptance of this ordinance with the Office of the City Clerk in substantially the <br />following form: <br />To the Honorable Mayor and City Council: <br />TXU Gas Distribution, a division of TXU Gas Company, acting by <br />and through the undersigned authorized officer, hereby accepts in all <br />respects, on this the day of , 20, <br />Ordinance No. amending the current gas franchise <br />between the City and TXU Gas and the same shall constitute and be <br />a binding contractual obligation of TXU Gas and the City. <br />TXU Gas Distribution <br />A division of TXU Gas Company <br />By: <br />Vice President <br />Page 4 of 5 <br />