O-2355-1-05ORDINANCE NO. 2355-1-05
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, EXTENDING UNTIL JUNE 30, 2005, THE FRANCHISE
GRANTED TO COSERV 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 3, 1998, the City Council of the City of Allen ("City") granted a gas Franchise to
CoSery Gas Company to own, operate, and maintain a gas distribution system in City; and,
WHEREAS, CoSery Gas is the current holder of this gas Franchise in City which expired on December 2,
2004; and,
WHEREAS, negotiations regarding renewal of the Franchise will begin in January 2005 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 June 30, 2005, is in their best interest; and,
WHEREAS, City and CoSery Gas agree that the extension of this Franchise shall not be deemed a waiver by
either parry 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 CoSery Gas, under the
same terms and conditions until June 30, 2005.
SECTION 2. City and CoSery 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 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this Ordinance, be, and the same are hereby, repealed, and all other provisions not in conflict with the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.
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DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE t I"{ DAY OF JANUARY 2005.
APPROVED:
jiOL -Q
teP a Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
Peter G. Smith, CITY ATTORNEY Shelley B. George, C, CITY�CRETARY
Ordinance No. 2355-1-05, Page 2