Loading...
1999-353 ORDIN, CENO AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT FOR HOLDOVER OF EXISTING ELECTRIC FRANCHISE AGREEMENT AND ORDINANCE BY AND BETWEEN THE CITY OF DENTON AND TXU ELECTRIC, AND PROVIDING AN EFFECTIVE DATE WHEREAS, TXU Electric ("TXU") Is currently a franchisee of the City, providing electric service within a part of the C~ty of Denton, whose current francluse agreement and ordinance is due to expire on September 30, 1999, TXU and the City are m the process of negotiations which they expect will, m the near future, lead to the adoption by the City Council of a new right-of-way regulatory or&nance and the granting of a new franchise to TXU, and TXU and the City mutually desire that the existing franchise agreement and ordinance in place between them not expire, and they also desire to maintmn the status quo, wherein TXU and the City will continue performing their respective obligations under the existing franchise agreement and ordinance without lapse or interruption, and WHEREAS, the City Council deems it in the public interest to enter into an agreement with TXU providing that the terms of the existing electric franchise agreement and ordinance will be extended until November 1, 1999, NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SE TI N That the City Manager is hereby authorized to enter into an Agreement for Holdov~tmg Electric Franchise Agreement and Ordinance (the "Agreement"), substantially in the form of the letter agreement attached to and made a part of this ordinance for all purposes, for the purpose of extending the terms of the existing electric franchise agreement and ordinance by and between the City and TXU SECTION 2 That the City Council has found and determined that the meeting at which flus ordinance is considered is open to the pubhe and that notice thereof was given in accordance with provisions of the Texas open meetings law, Tex Gov't Code ch 551, as amended, and that a quorum of the City Council was present ~ That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED flus the c:~/~'day of ~ , 1999 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY  CITYA TTORNEY'S OFFICE 215 E MCKINNEY STREET DENTON, TEXAS 76201 (940) 349-8333 FAX (940) $82-7923 CITY OF DENTON, TEXAS September 21, 1999 Mr Steve Taylor District Manager TXU Electric Re Agreement for Holdover of Existing Electric Franchise Agreement and Ordinance Dear Mr Taylor Thank you for your comments and participation ~n the discussion of the TXU Electric franchise and the Electric Service Ordinance conducted by the C~ty Council on September 14, 1999 As the Council directed at that time, C~ty Staffwfll be working on revisions to the Electric Service Ordinance and the accompanying franchises for TXU Electric and CoServ Electric m order to bnng revised documents to the Councd at ~ts first meeting ~n October The City Staff will also be contacting you to receive your ~nput into these documents As you are aware, TXU Electnc's current franchise from the C~ty expires on September 30, 1999 It is antlmpated that the C~ty wall, w~thln a few weeks, adopt a new regulatory ordinance governing the use and occupancy of the rights-of-way by electrm service providers under which franchises will be granted Mmntenance of the status quo with regard to TXU Electnc's existing franchise w~ll enable TXU Electric and the C~ty to concentrate on the new ordinance and franchise in a t~me-sensmve manner Your representations to the Councd on September 14, 1999, were to the effect that a continuation of the status quo would be acceptable to TXU Electric Therefore, by your signature below, you are agreeing that you are a duly authorized representative of TXU Electric and that TXU Electric agrees to a contlnuatton of the status quo for one month until November 1, 1999, whmh includes, without hmltatlon, the obhgatlon of TXU Electric to pay a 4% franchise fee and permits TXU Electric the right to continue to lawfully operate ~n the C~ty, without ~ntermptlon, pending adoption by the Councd of a new right-of-way regulatory ordinance and the granting of a new franchise to TXU Electric To reiterate, dunng th~s ~ntenm period, TXU Electric may continue to use and occupy the rights-of-way in the City under the terms of the existing franchise, and wall continue to make franchise fee payments to the C~ty, as required in the existing franchise Ded, cated to Quahty Serv,ce Duphcate originals of th~s Agreement are being provided for your s~gnature Please stgn and return one ongmal and keep the other original for your records S~ncerely, C~ty of Denton, Texas ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY AGREED TXU ELECTRIC Steve Taylor, D~s~ct Manager Dated September ~[ ,1999 S \Our Documonts\Correspondcnce\Lctters\99\TXU Electric Fmch Holdover Lttr doc