2001-405FILE REFERENCE FORM [ 2001-405 ]
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FILE(S) Date Initials
Amended by Ordinance No. 2002-289 09/03/02
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 m the City of Demon ("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-Electnc, formerly known as Texas
Utdltms Electric Company operated under a franchise granted by the City under Ordinance 87-
162, as amended, and
WHEREAS, TXU Electric and the C~ty are involved in litigation whmh includes a claim
by the Cay that TXU Electric is illegally operating on City rights-of-way and other public
property w~thout a franchise or other gram of authority by the C~ty Councd of the City, which
allegation ~s denied by TXU Electric, and
WHEREAS, the parties rash 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and superseded by Ordinance No 2000-041 and further amended and superseded by Ordinance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 tmffonn regulations
to govern the use and occupancy of Pubhc Rights-of-Way and other City property by Grantees of
Electric Utility Serwce in the City, such provls~ons bemg codified as Sections 26-240, et seq,
City Code, and ~ncludlng the requirement that such Grantees obtain a franchise from the C~ty 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 Utlhty Service m 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 ~n this ordinance, cap~tahzed terms shall have the defined meanings set forth ~n
Ordinance No 2001-406, codified as Sections 26-240, et seq, City of Denton Code of
Ordinances, and such defimt~ons 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 htlgatlon
styled Ctty of Denton, Texas, et al vs TXU Electric Company, et al currently pending ~n the
134th Jud~cml D~stnct Court of Dallas County, Texas ("TXU Litigation") to be ~ncluded within
th~s term under the compensation prows~on set forth ~n Section 1 of the prewous franchise as
amended by Ordinance No 93-137 and as more fully set forth in Section 5 hereof The term
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"Effective Date" ~s 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 m Scot,un 14 of th~s 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, repmr, mmntmn, operate, and conduct in the City of Denton, Texas, (hereinafter
referred to as "City"), a plant or plants and poles, w~res, 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) Th~s Franchise does not grant to Grantee the right, privilege, or authority to
occupy and use the Public R~ghts-of-Way or other City property to engage in any other business
witlun the C~ty other than the provision of Electric Utlhty Service, as set forth m this Franchise
Provided, however, that only the addltmnal following related electric business that Grantee is
prowdmg wlthm the City as of the Effective Date of this Francluse shall be anthonzed 1
allowing other ent~t~es to attach wires, cables, and other materials to Grantee's poles ("pole
contacts") 2 attaching cellular telephone facilities to Grantee's equipment and facihtles Any
additional business or services to be performed by Grantee in the City, other than Electric Utlhty
Services, shall not be included w~tlun 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 ~n the City
shall be governed by the provisions of Sections 26-240, et seq, City Code, as such provls~ons
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may be amended from time to time in the sole d~scretlon of the City except as changed and
amended ,by 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 ~n the future
SECTION 3 ADMINISTRATION OF FRANCHISE BY CITY
(a) The City Manager is the pnnmpal City officer responsible for the adm~mstrat~on
of this Franchise, and shall generally oversee and review the operations of Grantee under th~s
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 ~ts Code of Ordinances, or by regulation or role, 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
pubhsh, 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
(¢) 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, mmntenance, operation, and repmr of Grantee's facilities located
within C~ty's Pubhc Raghts-of-Way and other City property as well as its accoant~ng methods
and procedures in connection therewith, the conduct of the Grantees' business ~n the City, and
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the Electric Utthty Servace being provaded by Grantee in the City to the extent reasonably
necessary to admlmster th~s franchise and to exercase its regulatory authority over Grantee
SECTION 4 RECORDS, REPORTS, AND INSPECTIONS
(a) The Grantee shall mtunta~n ~ts 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, wall
promptly prowde cop~es of financml and operating reports filed wath the Public Utthty
Commasslon of Texas, the Federal Energy Regulatory Commission, and the Secuntaes and
Exchange Commass~on, or thear successor agenmes, in no event later than fifteen (15) dayq after
the receipt of a request therefor from the City
(c) Grantee shall keep the C~ty fully reformed as to all matters ~n connection wath or
affecting the constructaon, reconstruction, removal, mmntenance, operataon, or repair of
Grantee's facilities w~thm the C~ty's Pubhc Rights-of-Way and other Caty property, mcludlng,
w~thout hmztat~on, all accounting methods and procedures used by Grantee in determamng the
franchise fee amounts to be prod the City
(d) Grantee shall prowde the Caty, upon request, a current chmn-of-command
orgamzatlonal chart of Grantee showing all of ~ts officers, managers and supervasors, together
w~th their respective t~tles, addresses and telephone numbers, who have the ultamate
responsabzllty for managing, operating, and malntmmng Grantee's Electric Utdaty System an the
Caty
(e) The C~ty Manager, or his designee, shall have the right, at reasonable tames, to
respect the plant, eqmpment, and other property of the Grantee located wathln the C~ty's Pubhc
Raghts-of-Way and other Caty property, and, for the sole purposes of the C~ty's review of
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francluse fee payments, the admlmstration of this franchise, the exermse of C~ty's regulatory
authority over Grantee, and the types and location of Grantee's facthtles in the C~ty's Pubhc
Pdghts-of~Way and other C~ty property, to examine, audit, and obtmn cop~es of the papers,
books, accounts, documents, and other busmess records of the Grantee and its affiliates,
consistent w~th state law and in accordance with the provisions of Section 26-249, Caty Code
(0 The C~ty shall mtmn all of the lnvest~gatlve powers and other nghts prowded to
the C~ty by its Charter and by state law
SECTION 5 COMPENSATION TO BE PAID TO THE CITY
(a) Grantee shall pay the C~ty an annual Franchise Fee as set forth in Section 26-242,
City Code except the following shall control and govern over subsectmn 26-242(a) "Until
December 31, 2001 Grantee, ~ts successors or assigns, shall pay as compensation for the rights
and pnwleges conferred by this Francluse, four percent (4%) of ~ts gross revenues from the sale
of electric power and energy w~thln the corporate hmlts of the City, as gross revenues are
defined m Section 1 of th~s Franchtse Beginning January 1, 2002 the compensation to be prod
the C~ty shall be determined by the remmmng sections of section 26-242 of the C~ty Code,
especmlly subsectxon 26-242(d) and m accordance w~th this Section 5 These payments shall be
~n heu of, and shall be accepted as payment for all of Grantee's obhgat~on to pay other charges
as defined ~n subsection 26-242(b) and 26-244(e) of the City Code, save and except regulatory
expenses m excess of $25,000 under Section 33 023, Pubhc Utthty Regulatory Act of Texas
("PURA" Tex Utfl Code 33 023) or any successor law and the other excepted charges set forth
m subsection 26-242(b) of the C~ty Code
(b) The first payment hereunder shall be due and payable on or before November 15,
2001, for the penod October 1, 2001 through December 31, 2001 based on Gross Revenues
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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 Th~s payment and all subsequent payments
shall be based on the kilowatt hour charge ~n accordance w~th Section 5(a) hereof and Section
26-242 of the C~ty 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 smd payment ~s based Grantee shall furnish to C~ty at the
t~me each payment of franchise fee ~s made to C~ty hereunder, a sufficiently detatled financial
statement showing how the Gross Revenues amount was arrived at and how the amount prod to
the C~ty was determined, for such quarter After Grantee ~mplements customer theme, the
~nfonnatxon provided to the C~ty shall ~nd~cate the number of kdowatt hours of electricity
dehvered by the Grantee ~n the C~ty
(e) If Grantee has not already done so w~th~n mnety (90) days after the Acceptance
Date of th~s Franchise, Grantee shall pmwde ~nformatlon to the C~ty
0) documenting the total number of kilowatt hours of electnmty
dehvered by Grantee ~n calendar year 1998 to all of Grantee's
retail customers whose consuming famht~es' points of delivery
were located wtth~n the C~ty's boundaries, and
(n) documenting Grantee's Gross Revenues ~n calendar year 1998
derived from the prowslon of Electric Ut~hty Servme within the
C~ty's boundaries
(d) By November 15, 2001, Grantee shall compute the franchme fee that Grantee
would have prod to the Caty m calendar year 1998 at the rate of 4% of Grantee's Gross Revenues
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for 1998, as determined in paragraph (c) above, calculate the amount of the franchise fee set
forth m number of dollars per lolowatt 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 detml to permit an
accurate rephcataon 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 mformat~on obt~uned 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 m 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 St has been made in accordance with the provisions of §33 008, PURA If City disagrees
with the~calculataon, then City and Grantee will work together in good ftuth to compute the
franchise fee m 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 watvmg any clanns, causes of action, or defenses that they are asserting in
the TXU Lat~gat~un The amount of the franchise fee that Grantee was required to pay the C~ty 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 an this litigation, and additional franchise fees, if any, that
may be owed to the City shall be prod m accordance with that final settlement or judgment of the
court
(e) Grantee shall pay the kilowatt hour-based fi:anchlse fee instead of the franchise
fee based upon Grantee's Gross Revenues, commencing with service rendered by Grantee on and
after Jantlary 1, 2002, or commencing w~th service rendered by Grantee on and after the first day
of the first month following the effective date of Grantee's implementation of customer chmce,
whmhever is later
SECTION 6 SPECIAL PROVISIONS
The following specml prows~on of this Franchise shall control and govern over the
conflicting prowslons of Section 26-247 of the C~ty Code, as ~t currently crests or may be
amended in the future
(a) Except for emergenmes, Grantee shall advise the City at least thirty (30) days
prior to any major construction Major construction shall be defined as xnstalhng, mmntaunng,
constructing, relocating or replacing any of Grantees plants, poles, pipeline wires, cables,
underground condmts, manholes, fiber optic cable or other facflmes (1) when such construction
will disrupt traffic flow, (2) conflicts, or interferes wxth any proposed street or thoroughfare
expansion, or (3) that conflmts, xnterferes w~th or xs m close proximity to exlstxng City facilities
including water, samtary sewer, storm drains, street hghts, traffic sxgnals and other electric
condmt Grantee shall prowde the lmtml work plans and drawings for the proposed construction
In addtt~on, Grantee shall assess and report on the impact of its proposed constmctxon on the City
enmronment Such plans and reports may be rewewed by the City to ensure that, among other
items 1) aesthetic and good planning pnnc~ples have been given due consideration, 2) adverse
impact on the envxronment has been mammxzed, and 3) that all apphcable laws ~nclud~ng
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bmldlng and zomng codes and mr and water pollution regulattons are compiled with Changes
requested by the Caty shall be tncorporated into Grantee's construction Within twelve months
of the Adoption Date of tlus Franchise, Grantee shall use its best efforts to comply w~th 26-
247(a) of the C~ty Code Grantee may be given up to an additional twelve months to comply
w~th this section if ~t can demonstrate to the City through its C~ty Manager that due to cost,
techmcal dafficulttes or ~ncompatlblhty between the City's and Grantee's GIS systems it needs
more time to produce a current map or,ts facthtles in a digital format compatible with the City's
Geographic Information System ("GIS") [26-247]
SECTION 7 FRANCHISE AND OTHER VIOLATIONS
Upon ewdence being received by the govermng body of the City that a violation of th~s
Franchise Ordinance, or a C~ty Charter provls~on, or an ordinance of the City lawfully regulating
Grantee m the furmshlng of service hereunder is occumng, or has occurred, ~t shall at once cause
an ~nvestlgat~on to be made by the City Manager or hm designee Notice, penalties, and
procedures for ensunng compliance w~th this Franchise shall be as provided in Sections 26-240,
et seq , C~ty Code
SECTION 8 NOTICES
(a) All notices, including commumcat~ons and statements that are required or
permitted under the terms of this Franchise, shall be in writing Service of a notice shall be
accomphshed by hand-dehvery, by registered or certffied mml, return receipt requested (postage
prepald)~ or by reputable overnight dehvery service All notices shall be effective upon the
receipt ofnotme by the mtanded recipient
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(b) All notices shall be sent to the City and Grantee at the following addresses
CITY OF DENTON, TEXAS TXU ELECTRIC COMPANY
Cfly Manager Town Manager
C~ty of Denton 100 W Mulberry
215 E MeKanney Denton, Texas 76201
Denton, Texas 76201
(c) The C~ty and Grantee, fi.om t~me to t~me, may designate a new address and/or
another designated officer for purposes of prowdmg notme hereunder, by written not,ce to the
other party g~ven as prowded here~n
SECTION 9 CONFORMITY TO THE CONSTITUTION, STATUTES, CHARTER
AND CITY CODE OF ORDINANCES
Th~s Franchise as granted subject to all apphcable provisions of the Constitution and laws
of the State of Texas, the Charter of the C~ty of Denton, Texas, and the Denton Code of
Ordinances, together with any and all roles and regulations adopted thereunder Th~s Franchise
shall ~n no way affect, abridge, or ~mpa~r the rights, obhgat~ons, or remedies of the parties
prowded ,for by the Pubhc Utthty Regulatory Act of Texas, as amended
SECTION 10 CITYS RIGHT TO PURCHASE OR CONDEMN
In accordance with Section 9 above th~s Franchise shall be subject to all valid provisions
of the Charter of the C~ty of Denton and all other apphcable laws, ~nclud~ng w~thout limitation,
those prowsaons 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) Thru Franchise shall be governed by and construed in accordance with the laws of
the State of Texas and the C~ty Charter of the C~ty of Denton, Texas
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(b) Venue respecting any dispute arising hereunder shall exclusively he in Denton
County, Texas
(c) For purposes of constmcUon, 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, ~ndemmfy and save whole and harmless the C~ty and all of ars
officers, officials, agents, employees and attorneys, against any and all elmms, lawsmts,
judgments, costs and expenses for personal injury 0ncludmg death), property damage or other
harm for winch recovery of damages as sought, suffered by any person or persons that may be
occasioned by, or arise 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, affihates and subsidiaries,
an the eonstmcUon, mmntenance, operation, or repatr of Grantee's Electric Utihty System, or by
the conduct of Grantee's business m the City pursuant to this Franchise, except that the
mdemmty provided for an this paragraph shall not apply to any hablhty resulting from the sole
negligence or fault of the C~ty, its officers, officials, agents, employees, or separate contractors
In the event of jomt and concurrent neghgence or fault of both of the Grantee and the City,
responsibility and mdemmty, ff any, shall be apportioned comparatively in accordance with the
laws of the State of Texas w~thout, however, waiving any governmental immumty defense or
provision available to the City under apphcable Texas law, and without wmvmg any of the
defenses of the parhes under apphcable Texas law It as understood that ~t ~s not the intention of
the parties hereto to create liability for the benefit of any third parhes, but that this Franchise
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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 ~s not exclusive Nothing contmned here~n shall
be construed so as to prevent the C~ty from granting other hke or s~mdar rights, pnwleges, and
franchises to any other person, firm, corporation, or public utility
S]~CTION 14 ACCEPTANCE, ADOPTION DATE, AND EFFECTIVE DATE
This orthnance shall take effect ~mmedlately from and after ~ts passage, publication,
acceptance by Grantee ~n accordance w~th the prows~ons of the Charter of the City of Denton,
Texas, and after Grantee deposits its surety bond or prowdes satisfactory evidence of self
tnsurance with the C~ty Finance Director, as reqmred by Section 6 (1), and ~t ~s accordingly SO
ORDAINED The Effective Date of the Franchise granted hereunder ~s 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 determmed that the meetings at which this ordinance was
passed were open to the public as reqmred by law, and that pubhc notme of the time, place and
purpose of smd meetings was given as required by law
RONI BEASLEY, MfOR PRO TEM
ATTESq~
JENNIFER WALTERS, CITY SECRETARY
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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 18th day of September, 2001, and
passed on second rea&ng on the 2nd day of October, 2001, and passed on.fl~.rd reading on the
16th day of October, 2001, and being finally e e~as ~tl~.day of_h(ove/Onber,~/ ~ / k/.' - ~'"~ / 2001
/SI Abstained
Euhne Brock, Mayor M~k~urro~gh~Co ~fl ~m~
Rom Beasley, Cotmcfl ~mber perry Mc~ll, C~.e_mber
Jane l~lton, Cotmcfl Member l~lk~ Flhflhps~ C~'~-~l'ff~l I~lembe(
Ray~nondrRedmon, Council Member
The above and foregoing ordinance read, adopted on first reading and passed to second reading
by the following votes, this the 18th day of September, 2001, at a regular sesmon of the City
Council
Euhne Brock, Mayor, abstmned from voting
Mark Burroughs, Council Member, voting aye
Rom Beasley, Council Member, vohng aye
Perry McNefll, Cotmcfl Member, voting aye
Jane Ful'~on, Council Member, voting aye
Mike Phillips, Cotmcfl Member, voting aye
Raymond Redmon, Council Member, voting aye
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The above and foregoing ordinance read, adopted on second rea&ng and passed to third reading
by the following votes, this the 2nd day of October, 2001, at a regular session of the C~ty Cotmcd
Euhne Brock, Mayor, abstmned from voting
Mark Burroughs, Council Member, voting aye
Rom Beasley, Councd Member, voting aye
Perry McNelll, Councd Member, voting aye
Jane Fulton, Councd Member, voting aye
M~ke Phllhps, Councd Member, votmg aye
Raymond Redmon, Councd Member, voting aye
The above and foregmng or&nance read, adopted on third rea&ng and passed by the following
votes, thts the 16th day of October, 2001, at a regular session of the C~ty Councd
Euhne Brock, Mayor, abstained from voting
Mark Burroughs, Councd Member, absent
Rom Beasley, Council Member, voting aye
Perry McNedl, Council Member, votmg aye
Jane Fulton, Council Member, voting aye
Mike Philhps, Councd Member, voting aye
Raymond Redmon, Council Member, voting aye
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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 ~qn!_p~n)L~.omg busxness as TXU Electric The same is
now recorded as Ordinance Number/t?t~/-~)...~ m the Ordinance Records of the Cxty of
Denton, Texas
WITNESS MY HAND th, sthe /~:~'~dayof ~F~ ,200,
(~i'f~{' 'v~i'~r~, City Secretary
(SEAL)
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ACCEPTANCE
WHEREAS, the City Council of the City of Denton, Texas, did on the 16th day of
October, 2001, enact an Ordinance entitled
AN ORDINANCE GRANTING TO TXU ELECTRIC COMPANY DO1NG BUS1NESS 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 the 16th day of October, 2001, duly approved and
subscribed by the Mayor Pro Tern of smd C~ty, and the seal of smd C~ty was thereto affixed and
attested to by the C~ty Secretary,
NOW, THEREFORE, TXU Electric Company, dmng business as TXU Elecmc, hereby
~n all respects ACCEPTS, APPROVES AND AGREES TO smd Ordinance, and the same shall
constitute and be a b~nd~ng contractual obhgat~on of TXU Electnc Company, doing business as
TXU Elecmc, and of the C~ty, without wmver of any other remedy by TXU Electric Company,
dmng bus~ness as TXU Electric, or the C~ty, and TXU Electric Company, dmng bus~ness as TXU
Electric, does hereby file th~s, ~ts wntten acceptance, wtth the C~ty Secretary of the C~ty of
Denton, Texas, in her office.
DATED thls the 14th dayof November ,2001
TXU ELECTRIC COMPANY
~~.~~_~domg business as TX ELE . C
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ATTEST
ACCEPTANCE FILED ~n the Office of the City Secretary of the C~ty of Denton, Texas, th~s the
15~ day of ~ ,2001
~_~n~ifer~alter~, C~ty ~ecretary
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