HomeMy WebLinkAboutO-2251-1-04ORDINANCE NO. 2251-1-04
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, EXTENDING UNTIL JULY 31, 2004, THE FRANCHISE
GRANTED TO TXU GAS COMPANY, TO OWN, OPERATE, AND MAINTAIN A
GAS DISTRIBUTION SYSTEM IN THE CITY OF ALLEN; PROVIDING A
REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on December 24, 1953, the City Council of the City of Allen ("City") granted a gas franchise to
Lone Star Gas Company to own, operate, and maintain a gas distribution system in City; and,
WHEREAS, TXU Gas Company, formerly Lone Star Gas Company, is the current holder of this gas
Franchise in City which would have expired on August 17, 2003; and,
WHEREAS, City adopted Ordinance No. 2190-4-03 on July 22, 2003 to extend the Franchise Agreement to
January 30, 2004; and,
WHEREAS, negotiations regarding renewal of the Franchise are still underway; and,
WHEREAS, both parties agree that an extension of the current Franchise under the same terms and
conditions until July 31, 2004, is in their best interest; and,
' WHEREAS, City and TXU Gas 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 Franchise granted to TXU Gas, under the same
terms and conditions until July 31, 2004.
SECTION 2. City and TXU Gas 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this Ordinance, be, and the same are hereby, repealed, and all other provisions not in conflict with the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.
SECTION 5. This ordinance shall take effect immediately from and after its passage and acceptance and it is
accordingly so ordained.
DULY PASSED AND APPROVED BY TBE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
' COUNTY, TEXAS, ON THIS THE 13TM DAY OF JANUARY. 2004.
APPROVED:
Stephen Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
Peter G. Smith, CITY ATTORNEY Shelley B. Geo e, TRMC, Cl ECRETARY
Ordinance No. 2251-1-04, Page 2