O-2311-7-04ORDINANCE NO. 2311-7-04
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, EXTENDING UNTIL JANUARY 30, 2005, THE FRANCHISE
GRANTED TO TXU GAS COMPANY, TO OWN, OPERATE, AND MAINTAIN A
GAS DISTRIBUTION SYSTEM IN THE CITY OF ALLEN; PROVIDING A
REPEALING CLAUSE; PROVIDING A SEVERABH.ITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on December 24, 1953, the City Council of the City of Allen ("City') granted a gas franchise to
Lone Star Gas Company to own, operate, and maintain a gas distribution system in City; and,
WHEREAS, TXU Gas Company, formerly Lone Star Gas Company, is the current holder of this gas
Franchise in City which would have expired on August 17, 2003; and,
WHEREAS, City adopted Ordinance No. 2190-7-03 on July 22, 2003, to extend the Franchise Agreement to
January 30, 2004; and,
WHEREAS, City adopted Ordinance No. 2251-1-04 on January 13, 2004, to extend the Franchise
Agreement to July 31, 2004; and,
WHEREAS, negotiations regarding renewal of the Franchise are still underway; and,
' WHEREAS, both parties agree that an extension of the current Franchise under the same terms and
conditions until January 30, 2005, is in their best interest; and,
WHEREAS, City and TXU Gas agree that the extension of this Franchise shall not be deemed a waiver by
either party to exercise any right afforded by law a 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 TXU Gas, under the same
terms and conditions until January 30, 2005.
SECTION 2. City and TXU 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this Ordinance, be, and the same are hereby, repealed, and all other provisions not in conflict with the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 acceptance and it is
accordingly an ordained.
J
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 27TH DAY OF JULY, 2004.
APPROVED:
tephen Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
Peter G. Smitl( CITY ATTORNEY Shelley B. Georg TRMC, CITY SECRETARY
Ordinance No. 2311-7-04, Page 2