O-2924-7-10ORDINANCE NO. 2924-7-10
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, RENEWING THE FRANCIHSE AGREEMENT GRANTED TO
DENTON COUNTY ELECTRIC COOPERATIVE, INC., D/B/A COSERV
ELECTRIC; PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Denton County Electric Cooperative, Inc., d/b/a CoSery Electric ("CoServ"), is engaged in the
business of providing electric delivery service within the City of Allen, Texas ("City") and is using the public
streets, alleys, grounds and rights-of-way within the City for that purpose under the terms of a franchise
ordinance duly passed by the governing body of the City, by Ordinance No. 2295-6-04 on July 13, 2004 (the
"Franchise Agreement"); and,
WHEREAS, the first five-year term of the Franchise Agreement expired on July 31, 2009, and the City and
CoServ, pursuant to Ordinance No. 2845-7-09, extended the term of the Franchise Agreement for a period of
six (6) months and allowed for an automatic renewal for an additional (6) six months. The purpose of this
extension was to provide time for the City to conduct an audit of CoSery and provide time to renegotiate the
terms of the Franchise Agreement if the audit revealed significant findings; and,
WHEREAS, Section 3 of the Franchise Agreement provides for the renewal for two additional terms of five
(5) years upon the expiration of the initial term, and the City and CoSery desire to renew the Franchise
' Agreement for one (1) additional term of five years to expire on July 31, 2015,
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 renew the terms of the Existing Franchise Agreement for an
additional five years to expire on July 31, 2015, pursuant to Section 3 of Franchise Agreement between the
City and CoServ.
SECTION 2. The terns and conditions of the Franchise Agreement adopted pursuant to Ordinance No.
2295-6-04 shall remain in full force and effect.
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 Company's written
notification to the city indicating acceptance of this ordinance, and it is accordingly so ordained.
L
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE ISM DAY OF JULY, 2010.
APPROVED:
owd
Stephen errell, MAYOR
APPROVED AS TO FORM: ATTEST:
Peter G. Smith, C ATTORNEY Shelley B. Gmrge,tJnVY SECRET
(PGS/JJG/06-24-10/44141)
Ordinance No. 2924-7-10, Page 2