O-2189-7-03ORDINANCE NO. 2189-7-03
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, EXTENDING UNTIL JANUARY 30, 2004, THE FRANCHISE
GRANTED TO GRAYSON-COLLIN COUNTY ELECTRIC COOPERATIVE, INC.,
TO OWN, OPERATE, AND MAINTAIN AN ELECTRIC DISTRIBUTION SYSTEM
IN THE CITY OF ALLEN; PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on November 26, 1996, by Ordinance No. 1458-10-96, the City Council of the City of Allen
("City") granted an electric franchise to Grayson -Collin County Electric Cooperative ("Cooperative') to
own, operate, and maintain an electric distribution system in City; and,
WHEREAS, this electric Franchise Agreement granted by the Allen City Council expires July 27, 2003; and,
WHEREAS, negotiations regarding renewal of the Franchise are underway; and
WHEREAS, reaching a final resolution may require additional time for negotiation beyond July 27, 2003;
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 Cooperative 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 Cooperative, under the
same terms and conditions until January 30, 2004.
SECTION 2. City and Cooperative do not waive any clams 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this Ordinance, be, and the same are hereby, repealed, and all other provisions not in conflict with the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 it is accordingly so
ordained.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 22M DAY OF JULY, 2003.
APPROVED AS TO FORM:
Peter G. Smith, CfTY ATTORNEY
APPROVED:
Stephen Terrell, MAYOR
ATTEST:
Shelley B. George, CM'PI�CR—ETARY
Ordinance No. 2189-7-03, Page 2