05-A TXU Franch Ext OrdDRAFT
F:ALICE\ORDWORK\CURRENT\TXU-Oncor Extend Franchise Ord
June 3, 2004
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, PROVIDING THAT ORDINANCE NO. 2001-033, WHICH
GRANTED A FRANCHISE FOR ELECTRIC SERVICE TO TEXAS
UTILITIES ELECTRIC COMPANY, NOW KNOWN AS ONCOR
ELECTRIC DELIVERY COMPANY, BE EXTENDED FOR A PERIOD OF
TWELVE (12) MONTHS; 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, now known as Oncor Electric
Delivery Company, have previously entered into Ordinance No. 2001-033 granting Oncor Electric
Delivery Company a franchise to provide electric service within the city limits of the City of
Paris; and,
WHEREAS, the aforesaid franchise agreement will expire by its own terms in July of
2004; and,
WHEREAS, as a result of significant changes in the State of Texas regulatory scheme for
regulating electric service providers within the State of Texas, 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, 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
Company 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 COLTNCIL 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, now known as Oncor 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, 2005.
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, 2005.
Section 4. 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, sha11 remain in full force and
effect for the additional term as provided herein.
Section 5. 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 6. That this ordinance sha11 become effective on July 13, 2004; 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 sha11 in any
event be effective July 13, 2004.
Section 7. That this ordinance was introduced, read, and passed on first reading on June
14, 2004, 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 12, 2004; and final reading at a regular meeting of
the City Council on August 9, 2004, 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 first.
PASSED AND ADOPTED this day of , 2004.
Curtis Fendley, Mayor
ATTEST:
Sherian Dixon, Assistant City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney