2005-038A-ORD PROVIDING ORDINANCE NO 2001-033 WHICH GRANTED FRANCHISE FOR ELECTRIC SERVICE TO TEXAS UTILITIES ELECTRIC COMPANY
ORDINANCE NO. 2005-038 A
AN ORDINANCE OF THE CITY COUNCIL OF _HE CITY OF PARIS,
PARIS, TEXAS, PROVIDING THAT ORDINANCE NO. 2001-033, WHICH
GRANTED A FRANCHISE FOR ELECTRIC SERVICE TO TEXAS
UTILITIES ELECTRIC COMPANY, PREVIOUSLY KNOWN AS ONCOR
ELECTRIC DELIVERY COMPANY, NOW KNOWN AS TXU ELECTRIC
DELIVERY COMPANY, BE EXTENDED FORA PERIOD OF TWELVE (12)
MONTHS PENDING NEGOTIATION OF A NEW FRANCmSE;
PROVIDING FOR CONTINUED COMPENSATION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS WITH OTHER
ORDINANCES; MAKING OTHER FINDINGS AND PROVISIONS
RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Paris and TXU Electric Company, previously known as Oncor
Electric Delivery Company, now known as TXU Electric Delivery Company, have previously
entered into Ordinance No. 2001-033 granting TXU Electric Company a franchise to provide electric
service within the city litnits of the City of Paris; and,
WHEREAS, the aforesaid franchise agreement has previously been extended for a period
of one (I) year to allow the City and the Company the opportunity to assess the impact of such
regulatory changes prior to negotiation of a new franchise and will expire by its own terms in July
of2005; and,
WHEREAS, as a result of significant changes in the State of Texas regulatory scheme for
regulating electric service providers within the State ofTexas, franchise provisions currently existing
in franchise agreements may no longer be applicable or may require significant revision; and,
WHEREAS, similarly because of the changes in regulations applicable to the transmission
and distribution of electric power within the State of Texas, the scheme for remitting compensation
to municipalities for the use of their easements and rights-of-ways in providing such electric service
is subject to review and possible revision; and,
WHEREAS, Company annually prepays the electric franchise fee in accordance with the
mutual agreement of City and Company but contrary to the written language of said Ordinance; and,
WHEREAS, Company reaffirms its agreement to continue to negotiate in good faith with
City for development and approval of a new franchise agreement, and City and Company desire to
extend said Ordinance; and,
WHEREAS, as a result of these significant changes, and the accompanying uncertainty with
regard to appropriate franchise revisions, the City of Paris and Oncor Electric Delivery Cornpany
desire to extend their current franchise for an additional twelve (12) months to enable the respective
parties to negotiate and discuss revisions for a new franchise agreement; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby in all things
approved.
Section 2. That Ordinance No. 2001-033, granting a franchise to Texas Utilities Electric
Company, subsequently known as Oncor Electric Delivery Company, now known as TXU Electric
Delivery Company, to provide electric power service within the city limits of the City of Paris,
Texas, is hereby extended by the mutual consent of the parties for an additional term of twelve (12)
months to end on July 12, 2006.
Section 3. That if for any reason the payment of a franchise fee pursuant to Section 17 of
Ordinance No. 2001-033 shall in any way or at any time be found improper or inappropriate for any
reason, then the payment of such compensation in the same amount as provided in said Section 17
shall be considered a street use fee pursuant to Section 273.007 of the Texas Local Government
Code or other applicable state laws and shall be due and payable in accordance with the terms of
Section 17 through July 12, 2006
Section 4. In lieu of the payment schedule set forth in Section l7(a) of Ordinance 2001-033,
Company shall continue to pay, and city shall continue to accept, a franchise fee payment to be
prepaid June lOon an annual basis in the amount as calculated pursuant to said Section, until such
time as a new franchise ordinance becomes effective.
Section 5. That all of the terms and provisions of Ordinance No. 2001-033, save and except
as in conflict with the terms and provisions of this ordinance, shall remain in full force and effect
for the additional term as provided herein.
Section 6. That the terms and provisions of this ordinance are severable and the invalidity
of any provision should not affect the validity of the remaining provisions thereto.
Section 7. That this ordinance shall become effective on July 12,2005; provided, however,
that should a different effective date be required by law, then such effective date shall apply;
provided further, however, that the terms and provisions of Section 3 herein shall in any event be
effective July 12, 2005.
Section 8. That this ordinance was introduced, read, and passed on first reading on July II,
2005, at a regular meeting of the City Council of the City of Paris; on second reading at a regular
meeting of the City Council on July 25, 2005; and final reading at a regular meeting of the City
Council on August 22, 2005, the same being three separate regular meetings of the City Council of
the City of Paris, the last being not less than thirty (30) days from the fust.
PASSED AND ADOPTED this 22nd day of August, 2005.
ATTEST:
APPROVED AS TO FORM:
chenk, City Attorney