O-2846-7-09ORDINANCE NO. 2846-7-09
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, EXTENDING THE TERM OF AN ELECTRIC FRANCHISE
AGREEMENT GRANTED TO GRAYSON-COLLIN ELECTRIC COOPERATIVE,
INC.; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Grayson -Collin Electric Cooperative, Inc., ("GCEC'), is engaged in the business of providing
electric delivery service within the City of Allen, Texas, ("City") and is using the public streets, alleys,
grounds and rights-of-way within the City for that purpose under the terms of a franchise ordinance duly
passed by the governing body of the City, by Ordinance No. 2296-6-04 on July 13, 2004, ("Existing
Ordinance"); and,
WHEREAS, the City and GCEC have initiated actions to enter into a new franchise agreement but have
determined that a new agreement may not be finalized prior to the expiration date of the Existing Ordinance,
which is July 31, 2009; and,
WHEREAS, City and GCEC reaffirm their intent to negotiate in good faith to develop and approve a new
franchise agreement, and the City and GCEC desire to extend the term of said Existing Ordinance until
January 30,2010; and,
WHEREAS, the franchise extension provides that unless the City or GCEC provides written notice to the
other not less than sixty (60) days prior to its expiration, the Franchise will automatically be renewed for
' additional successive terms of six (6) months each; and,
WHEREAS, both parties agree that an extension of the current Franchise under the same terms and
conditions until January 30, 2010, is in their best interest; and,
WHEREAS, City and GCEC agree that the extension of this Franchise shall not be deemed a waiver by
either party to exercise any right afforded by law or any defense.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. The City Council hereby agrees to extend the term of the Existing Ordinance to January 30,
2010; provided that, unless written notice is given by either party to the other not less than sixty (60) days
prior to its expiration, it shall be automatically renewed for an additional period of six (6) months from such
expiration date and shall be automatically renewed thereafter for like periods until canceled by written notice
given not less than sixty (60) days before the expiration of any such renewal period.
SECTION 2. City and GCEC do not waive any claims or defenses that may exist currently or arise in the
future as a result of this extension.
SECTION 3. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance
be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining
' portions of said ordinance which shall remain in full force and effect.
SECTION 4. All provisions of the Ordinances of the City of Allen, Texas, in conflict with the provisions of
this Ordinance, be, and the same are hereby, repealed, and all other provisions not in conflict with the
provisions of this Ordinance shall remain in full force and effect.
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SECTION 5. This ordinance shall take effect immediately from and after its passage and it is accordingly so
ordained.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 28rn DAY OF JULY, 2009.
APPROVED AS TO FORM:
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Peter G. Smith, CW ATTORNEY
APPROVED:
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Stephen Terrell, MAYOR
ATTEST:
Shelley B. George, CITY SECRETARY
Ordinance No. 2846-7-09, Page 2