04-A TXU Franchise Ext Ord
DRAFT
F:ALICE\ORDWORK\CURRENT\TXU-Oncor Extend Franchise Ord
August 9, 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
NOW, THEREFORE,
parties to negotiate and discuss revisions for a new franchise agreement;
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, 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, shall 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 shall 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 shall 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