O-2174-6-03ORDINANCE NO. 2174-6-03
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, EXTENDING UNTIL JANUARY 30, 2004, THE FRANCHISE
GRANTED TO ONCOR ELECTRIC DELIVERY COMPANY (FORMERLY TEXAS
POWER & LIGHT) 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 July 27, 1953, the City Council of the City of Allen C'City') granted an electric franchise to
Texas Power & Light to own, operate, and maintain an electric distribution system in City; and,
WHEREAS, Oncor Electric Delivery Company ("Oncor"), formerly Texas Power & Light and TXU, is the
current holder of this electric Franchise in City which expires August 1, 2003; and,
WHEREAS, City recently amended the compensation scheme in the Franchise Agreement with Oncor in
Ordinance No. 2097-10-02 based upon a Compromise, Settlement, and Release Agreement dated October 8,
2002; and,
WHEREAS, negotiations regarding renewal of the Franchise began in April 2003; and,
WHEREAS, reaching a final resolution may require additional time for negotiation beyond August 1, 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 Oncor 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 Texas Power & Light,
now Oncor Electric Delivery Company, under the same terms and conditions until January 30, 2004.
SECTION 2. City and Oncor 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 Code of 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provisions of this Ordinance, be, and the same are hereby, repealed, and all other provisions not in conflict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.
I
DULY PASSED AND APPROVED BY THE CITY COUNCH, OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE le DAY OF JUNE, 2003.
APPROVED AS TO FORM:
6k 0
Peter G. Smith, CITY ATTORNEY
APPROVED:
94a,—CQ
Stephen Terrell, MAYOR
ATTEST:
Shelley B. George, I%MC, CITY SECOTARY
Ordinance No. 21746-03, Page 2