O-2190-7-03ORDINANCE NO. 2190-7-03
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, EXTENDING UNTIL JANUARY 30, 1004, THE FRANCHISE
GRANTED TO TXU GAS DISTRIBUTION, A DMSION OF 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 Distribution, formerly Lone Star Gas Company, is the current holder of this gas
Franchise in City which expires August 17, 2003; and,
WHEREAS, City recently amended the compensation scheme in the Franchise Agreement with TXU Gas in
Ordinance No. 2096-10-02 based upon a Compromise, Settlement, and Release Agreement dated October 8,
2002; and,
WHEREAS, negotiations regarding renewal of the Franchise will begin in August 2003 requiring additional
time for negotiation beyond the term of the existing agreement; and,
WHEREAS, both parties agree that an extension of the current Franchise under the same terms and
' conditions until January 30, 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 January 30, 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 fume 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this Ordinance, be, and the same are hereby, repealed, and all other provisions not in conflict with the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 it is accordingly so
ordained.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
' COUNTY, TEXAS, ON THIS THE 22"DAY OF JULY, 2003.
APPROVED:
1
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gtep-henfremn, MAYOR
APPROVED AS TO FORM: ATTEST:
Peter G. Smith, CITY ATTORNEY Shelley B. George, QC, CITY SWRETARY
Ordinance No. 2190-7-03, Page 2