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HomeMy WebLinkAbout2001-405FILE REFERENCE FORM 2001-405 X Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act CIMI Amended by Ordinance No. 2002-289 Late 09/03/02 A\T% 2lcclnc Funcltlm O 2Ni fta ORDINANCE NO 2001- ` 05l AN ORDINANCE GRANTING TO TXU ELECTRIC COMPANY DOING BUSINESS AS TXU ELECTRIC, A FRANCHISE FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING, AND USING AN ELECTRIC UTILITY SYSTEM IN THE CITY OF DENTON, REGULATING THE CONSTRUCTION WORK DONE BY THE GRANTEE IN THE CITY, PRESCRIBING THE DUTIES, RESPONSIBILITIES, AND RULE -MAKING AUTHORITY OF THE CITY MANAGER AND THE CITY WITH RESPECT TO ADMINISTRATION OF THIS FRANCHISE, PROVIDING FOR ENFORCEMENT OF THE FRANCHISE, PRESCRIBING THE COMPENSATION TO BE PAID THE CITY BY THE GRANTEE FOR THE FRANCHISE PRIVILEGE, SETTING FORTH THE TERM OF THE FRANCHISE, PROVIDING FOR A SEVERABILITY PROVISION, PROVIDING FOR ACCEPTANCE OF THE FRANCHISE BY GRANTEE, PROVIDING FOR RETROACTIVE EFFECT, AND PROVIDING AN EFFECTIVE DATE WHEREAS, TXU Electric Company, doing business as TXU Electric, has been using and occupying Public Rights -of -Way in the City of Denton ("City") for over a year, including all of calendar year 2000, without a franchise therefor from the City, and WHEREAS, from 1987 until November 1999 TXU-Electric, formerly known as Texas Utilities Electric Company operated under a franchise granted by the City under Ordinance 87- 162, as amended, and WHEREAS, TXU Electric and the City are involved in litigation which includes a claim by the City that TXU Electric is illegally operating on City rights -of -way and other public property without a franchise or other grant of authority by the City Council of the City, which allegation is denied by TXU Electric, and A\T% EIecIHc Fmn6lm W 2WI �c WHEREAS, the parties wish to enter into a new franchise agreement, and WHEREAS, the City of Denton has adopted Ordinance No 99-373, which was amended and superseded by Ordinance No 2000-041 and further amended and superseded by Ordinance No 2001,406, amending the City of Denton Code of Ordinances to provide uniform regulations to govern the use and occupancy of Public Rights -of -Way and other City property by Grantees of Electric Utility Service in the City, such provisions being codified as Sections 26-240, et seq , City Code, and including the requirement that such Grantees obtain a franchise from the City for such use and occupancy, and WHEREAS, Sections 26-240, et seq , of the City Code apply to TXU Electric, and its provision of Electric Utility Service in the City, except to the extent that those provisions are changed by this Franchise, and require TXU Electric to obtain a franchise from the City, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 DEFINITIONS As used in this ordinance, capitalized terms shall have the defined meanings set forth in Ordinance No 2001-406, codified as Sections 26-240, et seq , City of Denton Code of Ordinances, and such definitions are hereby adopted as is set forth fully herein with the following exceptions only The term "Gross Revenues" shall include all revenues which are found by a final Judgment of a Court or through a final settlement of the parties in the litigation styled City of Denton, Texas, et al vs TXU Electric Company, et al currently pending in the 1341h Judicial District Court of Dallas County, Texas ("TXU Litigation") to be included within this term under the compensation provision set forth in Section 1 of the previous franchise as amended by Ordinance No 93-137 and as more fully set forth in Section 5 hereof The tern 2 5`9 relavk W biw ON 2WIJ "Effective Date" is the date that the Franchise granted herein becomes effective, which shall be November 15, 2001 The term "Acceptance Date" is the date that Grantee signs and dates the Acceptance attached to this Ordinance SECTION 2 FRANCHISE GRANTED (a) There is hereby GRANTED to TXU Electric (hereinafter called "Grantee"), for the term set forth in Section 14 of this Ordinance, a Franchise to use and occupy the Public Rights -of -Way and other public property in order to construct, erect, own, suspend, install, extend, renew, repair, maintain, operate, and conduct in the City of Denton, Texas, (hereinafter referred to as "City"), a plant or plants and poles, wires, pipelines, cables, underground conduits, manholes, fiber optic cable for its own use, and all other facilities and equipment needed and necessary for the maintenance and operation of an Electric Utility System (b) This Franchise does not grant to Grantee the right, privilege, or authority to occupy and use the Public Rights -of -Way or other City property to engage in any other business within the City other than the provision of Electric Utility Service, as set forth in this Franchise Provided, however, that only the additional following related electric business that Grantee is providing within the City as of the Effective Date of this Franchise shall be authorized I allowing other entities to attach wires, cables, and other materials to Grantee's poles ("pole contacts") 2 attaching cellular telephone facilities to Grantee's equipment and facilities Any additional business or services to be performed by Grantee in the City, other than Electric Utility Services, shall not be included within this Franchise, but instead, shall be the subject of a separate agreement or by an appropriate amendment to this Franchise (c) All of Grantee's activities and occupation of the Public Rights -of -Way in the City shall be governed by the provisions of Sections 26-240, et seq , City Code, as such provisions 3 A\T Elalnc F—MMO 2W1 Eac may be amended from time to time in the sole discretion of the City except as changed and amendedby this Franchise (d) Grantee and City agree that Ordinance No 2001-406, codified as Sections 26- 240, et seq , City Code, and this Franchise together constitute one comprehensive franchise agreement/ordinance provided, however, that the terms and conditions of this Franchise shall govern and control over any conflicting terms of City Code Sections 26-240 et seq as they currently exist or may be amended in the future SECTION 3 ADMINISTRATION OF FRANCHISE BY CITY (a) The City Manager is the principal City officer responsible for the administration of this Franchise, and shall generally oversee and review the operations of Grantee under this Franchise (b) The City may delegate to the City Manager the exercise of any of the powers conferred upon the City by its Charter, under its Code of Ordinances, or by regulation or rule, or by law, relating to the supervision and regulation of Grantee in the exercise of the rights and privileges herein conferred to Grantee The City Manager shall have the authority to make and publish, after written notice to those affected and after a hearing, such rules and regulations as are necessary to carry out the duties and powers conferred upon the City, acting by and through its City Manager, by the Public Utility Regulatory Act, as amended, and otherwise (c) It shall be the right and duty of the City Manager and the governing body of the City at all times to keep fully informed as to all matters in connection with, or affecting the construction, reconstruction, maintenance, operation, and repair of Grantee's facilities located within City's Public Rights -of -Way and other City property as well as its accounting methods and procedures in connection therewith, the conduct of the Grantees' business in the City, and 13 s�ur WeummlMr 001\T Mau Po Wse W]WI Coe the Electric Utility Service being provided by Grantee in the City to the extent reasonably necessary to administer this franchise and to exercise its regulatory authority over Grantee SECTION 4 RECORDS REPORTS AND INSPECTIONS (a) The Grantee shall maintain its books and records as prescribed in Section 26-249, City Code (b) Grantee, at Grantee's sole cost and expense and upon request by City, will promptly provide copies of financial and operating reports filed with the Public Utility Commission of Texas, the Federal Energy Regulatory Commission, and the Securities and Exchange Commission, or their successor agencies, in no event later than fifteen (15) days after the receipt of a request therefor from the City (c) Grantee shall keep the City fully informed as to all matters in connection with or affecting the construction, reconstruction, removal, maintenance, operation, or repair of Grantee's facilities within the City's Public Rights -of -Way and other City property, including, without limitation, all accounting methods and procedures used by Grantee in determining the franchise fee amounts to be paid the City (d) Grantee shall provide the City, upon request, a current chain -of -command organizational chart of Grantee showing all of its officers, managers and supervisors, together with their respective titles, addresses and telephone numbers, who have the ultimate responsibility for managing, operating, and maintaining Grantee's Electric Utility System in the City (e) The City Manager, or his designee, shall have the right, at reasonable times, to inspect the plant, equipment, and other property of the Grantee located within the City's Public Rights -of -Way and other City property, and, for the sole purposes of the City's review of E S Wvr Documeou\ONWuxaMl\iXU &aWo Pi i.O 2WI Ea franchise fee payments, the administration of this franchise, the exercise of City's regulatory authority over Grantee, and the types and location of Grantee's facilities in the City's Public Rights-ofLWay and other City property, to examine, audit, and obtain copies of the papers, books, accounts, documents, and other business records of the Grantee and its affiliates, consistent with state law and in accordance with the provisions of Section 26-249, City Code (f) The City shall retain all of the investigative powers and other rights provided to the City by its Charter and by state law SECTION 5 COMPENSATION TO BE PAID TO THE CITY (a) Grantee shall pay the City an annual Franchise Fee as set forth in Section 26-242, City Code except the following shall control and govern over subsection 26-242(a) "Until December 31, 2001 Grantee, its successors or assigns, shall pay as compensation for the rights and privileges conferred by this Franchise, four percent (4%) of its gross revenues from the sale of electric power and energy within the corporate limits of the City, as gross revenues are defined in Section 1 of this Franchise Beginning January 1, 2002 the compensation to be paid the City shall be determined by the remaining sections of section 26-242 of the City Code, especially subsection 26-242(d) and in accordance with this Section 5 These payments shall be in lieu of, and shall be accepted as payment for all of Grantee's obligation to pay other charges as defined in subsection 26-242(b) and 26-244(e) of the City Code, save and except regulatory expenses in excess of $25,000 under Section 33 023, Public Utility Regulatory Act of Texas ("PURA" Tex Util Code 33 023) or any successor law and the other excepted charges set forth in subsection 26-242(b) of the City Code (b) The first payment hereunder shall be due and payable on or before November 15, 2001, for the period October 1, 2001 through December 31, 2001 based on Gross Revenues G9 5 OurO nm=n Fdlnoe MTW Vmft Rm bin ON fool da The second payment hereunder shall be due and payable on or before May 15, 2002, for the period January 1, 2002 through March 31, 2002 This payment and all subsequent payments shall be based on the kilowatt hour charge in accordance with Section 5(a) hereof and Section 26-242 of the City Code The third payment shall be due and payable on or before August 15, 2002, for the three-month period ended June 30, 2002 Subsequent payments shall be due and payable quarterly thereafter on or before the fifteenth day of the second month following the end of the three-month period upon which said payment is based Grantee shall furnish to City at the time each payment of franchise fee is made to City hereunder, a sufficiently detailed financial statement showing how the Gross Revenues amount was arrived at and how the amount paid to the City was determined, for such quarter After Grantee implements customer choice, the information provided to the City shall indicate the number of kilowatt hours of electricity delivered by the Grantee in the City (c) If Grantee has not already done so within ninety (90) days after the Acceptance Date of this Franchise, Grantee shall provide information to the City (1) documenting the total number of kilowatt hours of electricity delivered by Grantee in calendar year 1998 to all of Grantee's retail customers whose consuming facilities' points of delivery were located within the City's boundaries, and (n) documenting Grantee's Gross Revenues in calendar year 1998 derived from the provision of Electric Utility Service within the City's boundaries (d) By November 15, 2001, Grantee shall compute the franchise fee that Grantee would have paid to the City in calendar year 1998 at the rate of 4% of Grantee's Gross Revenues 7 3 �. D"om.%\"nwoWWT%U HIM& F=o "U IEon for 1998, as determined in paragraph (c) above, calculate the amount of the franchise fee set forth in number of dollars per kilowatt hour, and shall notify the City of the Grantee's computation and shall provide all documents showing all gross revenues received and earned in the City for calendar year 1998 including all work papers in sufficient detail to permit an accurate replication of the results For the purpose of this Franchise "work papers" shall mean all documents and records utilized by Grantee of the procedures followed, the tests performed, the information obtained and the conclusions reached to compile and calculate the gross revenues received and earned in the City for calendar year 1998 and the calculation of the franchise fee set forth in number of dollars per kilowatt hours which will include any work programs, analyses, memorandum, abstracts of Grantee's documents and schedules or commentaries prepared City shall have 60 days to review such computation to determine whether it has been made in accordance with the provisions of §33 008, PURA If City disagrees with the i calculation, then City and Grantee will work together in good faith to compute the franchise fee in accordance with the provisions of §33 008, PURA If the parties reach agreement the City and Grantee agree that they will use the agreed amount to calculate Grantee's franchise fee per kilowatt hour, in accordance with §33 008, PURA By January 15, 2002, the City shall notify Grantee of the amount of the franchise fee set forth in number of dollars per kilowatt hour By making and accepting this calculation, both City and Grantee agree that neither party is hereby waiving any claims, causes of action, or defenses that they are asserting in the TXU Litigation The amount of the franchise fee that Grantee was required to pay the City in 1998, and the amount of the number of dollars per kilowatt hour shall be determined by a final settlement or Judgment of the court in this litigation, and additional franchise fees, if any, that 0 8\our Uo[ummYlO�tllnmmM01\T%U 81.0kPo Ida W2001 d. may be owed to the City shall be paid in accordance with that final settlement or judgment of the court (e) Grantee shall pay the kilowatt hour -based franchise fee instead of the franchise fee based upon Grantee's Gross Revenues, commencing with service rendered by Grantee on and after January 1, 2002, or commencing with service rendered by Grantee on and after the first day of the first month following the effective date of Grantee's implementation of customer choice, whichever is later SSECTION 6 SPECIAL PROVISIONS The following special provision of this Franchise shall control and govern over the conflicting provisions of Section 26-247 of the City Code, as it currently exists or may be amended in the future (a) Except for emergencies, Grantee shall advise the City at least thirty (30) days prior to any major construction Major construction shall be defined as installing, maintaining, constructing, relocating or replacing any of Grantees plants, poles, pipeline wires, cables, underground conduits, manholes, fiber optic cable or other facilities (1) when such construction will disrupt traffic flow, (2) conflicts, or interferes with any proposed street or thoroughfare expansion, or (3) that conflicts, interferes with or is in close proximity to existing City facilities including water, sanitary sewer, storm drains, street lights, traffic signals and other electric conduit Grantee shall provide the initial work plans and drawings for the proposed construction In addition, Grantee shall assess and report on the impact of its proposed construction on the City environment Such plans and reports may be reviewed by the City to ensure that, among other items 1) aesthetic and good planning principles have been given due consideration, 2) adverse impact on the environment has been minimized, and 3) that all applicable laws including 7 s war uma�wwna, WTW Elam, Ikm,hlaON moi n„ building and zoning codes and air and water pollution regulations are complied with Changes requested by the City shall be incorporated into Grantee's construction Within twelve months of the Adoption Date of this Franchise, Grantee shall use its best efforts to comply with 26- 247(a) of the City Code Grantee may be given up to an additional twelve months to comply with this section if it can demonstrate to the City through its City Manager that due to cost, technical difficulties or incompatibility between the City's and Grantee's GIS systems it needs more time to produce a current map of its facilities in a digital format compatible with the City's Geographic Information System ("GIS") [26-247] SECTION 7 FRANCHISE AND OTHER VIOLATIONS Upon evidence being received by the governing body of the City that a violation of this Franchise Ordinance, or a City Charter provision, or an ordinance of the City lawfully regulating Grantee in the furnishing of service hereunder is occurring, or has occurred, it shall at once cause an investigation to be made by the City Manager or his designee Notice, penalties, and procedures for ensuring compliance with this Franchise shall be as provided in Sections 26-240, et seq , City Code SECTION 8 NOTICES (a) All notices, including communications and statements that are required or permitted under the terms of this Franchise, shall be in writing Service of a notice shall be accomplished by hand -delivery, by registered or certified marl, return receipt requested (postage prepaid), or by reputable overnight delivery service All notices shall be effective upon the receipt of notice by the intended recipient 10 3�orO vmmOWeElnxom ATW Eta oPumWON 2WI tloc (b) All notices shall be sent to the City and Grantee at the following addresses CITY OF DENTON, TEXAS City Manager City of Denton 215 E McKinney Denton, Texas 76201 TXU ELECTRIC COMPANY Town Manager 100 W Mulberry Denton, Texas 76201 (c) The City and Grantee, from time to time, may designate a new address and/or another designated officer for purposes of providing notice hereunder, by written notice to the other party given as provided herein SSgCTION 9 CONFORMITY TO THE CONSTITUTION, STATUTES, CHARTER AND CITY CODE OF ORDINANCES This Franchise is granted subject to all applicable provisions of the Constitution and laws of the State of Texas, the Charter of the City of Denton, Texas, and the Denton Code of Ordinances, together with any and all rules and regulations adopted thereunder This Franchise shall in no way affect, abridge, or impair the rights, obligations, or remedies of the parties provided for by the Public Utility Regulatory Act of Texas, as amended SECTION 10 CITYS RIGHT TO PURCHASE OR CONDEMN In accordance with Section 9 above this Franchise shall be subject to all valid provisions of the Charter of the City of Denton and all other applicable laws, including without limitation, those provisions of Article XIII, "Franchises" of the Charter, that provide the conditions under which the City may purchase the property of Grantee SECTION 11 GOVERNING LAW AND VENUE (a) This Franchise shall be governed by and construed in accordance with the laws of the State of Texas and the City Charter of the City of Denton, Texas 11 S \Oue Daum®uW�din�oow\01\T%1101u4k P�6ive0A 1401 tla (b) Venue respecting any dispute ansmg hereunder shall exclusively he in Denton County, Texas (c) For purposes of construction, this Franchise shall be construed as having been negotiated at arm's length and drafted by the combined efforts of the City and Grantee and their respective legal counsel SECTION 12 INDEMNIFICATION Grantee shall defend, indemnify and save whole and harmless the City and all of its officers, officials, agents, employees and attorneys, against any and all claims, lawsuits, judgments, costs and expenses for personal injury (including death), property damage or other harm for which recovery of damages is sought, suffered by any person or persons that may be occasioned by, or anse out of, Grantee's breach of any of the terms or provisions of this Franchise or of Sections 26-240, et seq , City Code, or by any negligent or strictly liable act, or omission by Grantee, its officers, agents, employees, subcontractors, affiliates and subsidiaries, in the construction, maintenance, operation, or repair of Grantee's Electric Utility System, or by the conduct of Grantee's business in the City pursuant to this Franchise, except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence or fault of the City, its officers, officials, agents, employees, or separate contractors In the event of joint and concurrent negligence or fault of both of the Grantee and the City, responsibility and mdemnrty, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas without, however, waiving any governmental immunity defense or provision available to the City under applicable Texas law, and without waiving any of the defenses of the parties under applicable Texas law It is understood that it is not the intention of the parties hereto to create liability for the benefit of any third parties, but that this Franchise 12 s ion, Mo un%n wMlnmas\OMTxu BWWc n.icniu OW:ai a shall be solely for the benefit of the City and Grantee, and shall not create or grant any rights, contractual or otherwise, to any other person or entity SECTION 13 NON-EXCLUSIVE FRANCHISE The Franchise granted by this Ordinance is not exclusive Nothing contained herein shall be construed so as to prevent the City from granting other like or similar rights, privileges, and franchises to any other person, firm, corporation, or public utility SECTION 14 ACCEPTANCE ADOPTION DATE, AND EFFECTIVE DATE This ordinance shall take effect immediately from and after its passage, publication, acceptance by Grantee in accordance with the provisions of the Charter of the City of Denton, Texas, and after Grantee deposits its surety bond or provides satisfactory evidence of self insurance with the City Finance Director, as required by Section 6 (1), and it is accordingly SO ORDAINED The Effective Date of the Franchise granted hereunder is November 15, 2001, and the Franchise shall be in force and effect from the Effective Date through November 15, 2011 SECTION 15 OPEN MEETING It is hereby officially found and determined that the meetings at which this ordinance was passed were open to the public as required by law, and that public notice of the time, place and purpose of said meetings was given as required by law ATTEST JENNIFER WALTERS, CITY SECRETARY 13 M.WOR .. • TEM 5 am Mcumcnts OrdlnenweGMXU Elm cFr whuc ON 2001&c APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY The City of Denton, Texas, acting herein by its duly constituted authorities, hereby declares the foregoing Ordinance passed on first reading on the 18`h day of September, 2001, and passed on second reading on the 2"d day of October, 2001, and passed on d reading on the 16`h day of October, 2001, and being finally e ectiv has once(th day of (ove ber, 2001 /s/ Abstained Eulme Brock, Mayor Mark66urro`ugli Cod)i( /s/ _ /stjaAq Rom Beasley, Council tuber Perry Mci7ill, /s/ L... "JDom, '-AL s ` Jane Mton, Council Member ike hillips, o cil 1\ t Raymond edmon, Council Member The above and foregoing ordinance read, adopted on first reading and passed to second reading by the following votes, this the 18`h day of September, 2001, at a regular session of the City Council Eulme Brock, Mayor, abstained from voting Mark Burroughs, Council Member, voting aye Rom Beasley, Council Member, voting aye Perry McNeill, Council Member, voting aye Jane Fulton, Council Member, voting aye Mike Phillips, Council Member, voting aye Raymond Redmon, Council Member, voting aye 14 A\TXV Elecmc Fm;blee O 2.1&c The above and foregoing ordinance read, adopted on second reading and passed to third reading by the following votes, this the 2"d day of October, 2001, at a regular session of the City Council Euline Brock, Mayor, abstained from voting Mark Burroughs, Council Member, voting aye Rom Beasley, Council Member, voting aye Perry McNeill, Council Member, voting aye Jane Fulton, Council Member, voting aye Mike Phillips, Council Member, voting aye Raymond Redmon, Council Member, voting aye The above and foregoing ordinance read, adopted on third reading and passed by the following votes, this the 16`h day of October, 2001, at a regular session of the City Council Eulme Brock, Mayor, abstained from voting Mark Burroughs, Council Member, absent Rom Beasley, Council Member, voting aye Perry McNeill, Council Member, voting aye Jane Fulton, Council Member, voting aye Mike Phillips, Council Member, voting aye Raymond Redmon, Council Member, voting aye 15 5W rD menuWWlm�01\TXU EI.M' Flw he ON 3001E STATE OF TEXAS § COUNTY OF DENTON § I, Jennifer Walters, City Secretary of the City of Denton, Texas, do hereby certify that the above and foregoing is a true and correct copy of the Franchise Agreement Ordinance between the City of Denton and TXU Electric omp nyy��oing business as TXU Electric The same is now recorded as Ordinance Number -V!5 in the Ordinance Records of the City of Denton, Texas WITNESS MY HAND this the day of 0)1J�{,, 2001 fifer lters, City Secretary (SEAL) L 5 \0u, N,u,n..Z d1 ..,\4NT%0 Elam. Pm¢uu.ON 2.01 &. ACCEPTANCE WHEREAS, the City Council of the City of Denton, Texas, did on the 16`i' day of October, 2001, enact an Ordinance entitled AN ORDINANCE GRANTING TO TXU ELECTRIC COMPANY DOING BUSINESS AS TXU ELECTRIC A FRANCHISE FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING, AND USING AN ELECTRIC UTILITY SYSTEM IN THE CITY OF DENTON, REGULATING THE CONSTRUCTION WORK DONE BY THE GRANTEE IN THE CITY, PRESCRIBING THE DUTIES, RESPONSIBILITIES, AND RULE -MAKING AUTHORITY OF THE CITY MANAGER AND THE CITY WITH RESPECT TO ADMINISTRATION OF THIS FRANCHISE, PROVIDING FOR ENFORCEMENT OF THE FRANCHISE, PRESCRIBING THE COMPENSATION TO BE PAID THE CITY BY THE GRANTEE FOR THE FRANCHISE PRIVILEGE, SETTING FORTH THE TERM OF THE FRANCHISE, PROVIDING FOR A SEVERABILITY PROVISION, PROVIDING FOR ACCEPTANCE OF THE FRANCHISE BY GRANTEE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, said Ordinance was on th subscribed by the Mayor Pro Tem of said City, attested to by the City Secretary, 161h day of October, 2001, duly approved and and the seal of said City was thereto affixed and NOW, THEREFORE, TXU Electric Company, doing business as TXU Electric, hereby in all respects ACCEPTS, APPROVES AND AGREES TO said Ordinance, and the same shall constitute and be a binding contractual obligation of TXU Electric Company, doing business as TXU Electric, and of the City, without waiver of any other remedy by TXU Electric Company, doing business as TXU Electric, or the City, and TXU Electric Company, doing business as TXU Electric, does hereby file this, its written acceptance, with the City Secretary of the City of Denton, Texas, in her office. DATED this the 14th day of November 2001 TXU ELECTRIC COMPANY doing business as 17 S W t Prumdin op 2WI E ATTEST ACCEPTANCE FILED in the Office of the City Secretary of the City of Denton, Texas, this the 15 day of ` LftXAj-j2,, 2001 nmfer alters, City Secretary ff.]