O-3210-2-14ORDINANCE NO. 3210-02-14
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING EXISTING FRANCHISE ORDINANCE NO. 2294-
6-04, AS AMENDED BY ORDINANCE NO. 2522-606, BETWEEN THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AND ONCOR ELECTRIC DELIVERY
COMPANY LLC, SUCCESSOR IN INTEREST TO TXU ELECTRIC DELIVERY
COMPANY, TO PROVIDE AN EXTENSION OF THE FRANCHISE TERM;
FURTHER PROVIDING THAT THIS ORDINANCE IS SEVERABLE; FINDING
AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS
ADOPTED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; PROVIDING AN
EFFECTIVE DATE; AND PROVIDING FOR WRITTEN ACCEPTANCE BY
ONCOR ELECTRIC DELIVERY COMPANY LLC.
WHEREAS, on July 13, 2004, by Ordinance No. 2294-6-04, the City of Allen, Texas ("City"), granted a
non-exclusive franchise to TXU Electric Delivery Company, its successors and assigns, for a period of five
(5) years, and on Jane 13, 2006 amended the franchise by Ordinance No. 2522-6-06, which included an
additional period of five (5) years (collectively, the "Franchise"); and,
WHEREAS, Oncor Electric Delivery Company LLC ("Oncor" or "Company"), successor in interest to TXU
Electric Delivery Company, is engaged in the business of providing electric utility service within the City and
is using the public rights -of -ways within the City for that purpose under the terms of the Franchise that was
duly passed by the governing body of the City and duly accepted by the Company; and,
' WHEREAS, the Franchise is scheduled to expire on July 31, 2014; and,
WHEREAS, the City and Oncor desire to extend the tens of the Franchise until July 31, 2019, and to provide
that the Franchise shall automatically renew for successive terms of six (6) months each as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. The City and Oncor desire to extend to the tern of the Franchise granted by Ordinance No.
2294-6-04 (as amended by Ordinance No. 2522-6-06) until July 31, 2019, and it is hereby approved and
agreed to by Oncur and the City, unless written notice of termination of the Franchise is given by either party
to the other party not less than sixty (60) days before the current expiration date of the Franchise, and that if
the Franchise is not so terminated that the Franchise shall be automatically renewed for an additional terms of
six (6) months each following the July 31, 2019 expiration date for the Franchise until terminated by either
party by giving the other party written notice thereof not less than sixty (60) days before the expiration of the
then current term of the Franchise or repealed by a new Franchise agreement adopted by City and accepted in
writing by Company.
SECTION 2. Except as provided and ameded by this Ordinance, the Franchise Ordinance No. 2294-6-04
(as amended by Ordinance No. 2522-6-06) shall remain in full force and effect according to its terms.
SECTION 3. The sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable. If
' any portion of this Ordinance is declared illegal or unconstitutional by the valid final judgment or decree of
any court of competent jurisdiction, such illegality or unconstitutionality shall not affect the legality and
enforceability of any of the remaining portions of this Ordinance.
SECTION 4. It is hereby officially found and determined that the meeting at which this Ordinance is
passed is open to the public as required by law and that public notice of the time, place and purpose of said
' meeting was given by City as required.
SECTION 5. This Ordinance shall be in full force and effect following (i) its adoption by City; and (ii) the
filing of written acceptance of this Ordinance by Company with the City Secretary's Office within sixty (60)
calendar days following adoption of this Ordinance by City.
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DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 25ra DAY OF FEBRUARY, 2014.
APPROVED:
A.
r
Stephen errell, MAYOR
APPROVED AS TO FORM: ATTEST:
rJR�1
Peter G. Smith, GITY ATTORNEY Shelley B. B. G C, CITY OCPETARY
Ordinance No. 3210-02-14, Page 2