HomeMy WebLinkAboutOrd 393-2008 Extending an Ordinance Granting Oncor Electric Franchise.pdfCITY OF ANNA, TEXAS
ORDINANCE NO. 393-2008
AN ORDINANCE EXTENDING THE TERM OF AN ORDINANCE OF THE CITY
OF ANNA, TEXAS GRANTING A FRANCHISE TO ONCOR ELECTRIC
DELIVERY COMPANY LLC; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Oncor Electric Delivery Company LLC, (hereinafter called "Company'), is
engaged in the business of providing electric utility service within the City of Anna,
Texas (hereinafter called "City") and is using the public streets, alleys, grounds and
rights-of-way within the City for that purpose under the terms of a franchise ordinance
duly passed by the governing body of the City, adopted on June 3, 1958, as amended
on November 12, 2002, and duly accepted by Company; and
WHEREAS, Oncor Electric Delivery Company LLC reaffirmed its agreement to
negotiate in good faith with the City for development and approval of a new franchise
ordinance/agreement, the City and Company desire to extend said Ordinance until
December 31, 2008; and
WHEREAS, City and Company are actively involved in negotiations and agree that the
full extension time may not be required and that the existing franchise and this
extension ordinance will be superseded on the effective date of the new franchise
agreement;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ANNA, TEXAS, THAT:
SECTION 1.
The above recitals are incorporated herein as if set forth in full. The term of an
ordinance duly passed and adopted by the governing body of the City on June 3, 1958,
as amended, is extended to December 31, 2008.
SECTION 2.
As soon as is practicable after the adoption of this ordinance, Company shall return to
the City a duly executed acceptance of the provisions of this ordinance including the
above -referenced extension in substantially the following form:
Oncor, acting by and through the undersigned authorized officer, hereby accepts
in all respects, on this the day of _ 2008, Ordinance No. 393-2008
extending the current electric franchise between the City and Oncor and the
same shall constitute and be a binding contractual obligation of Oncor and the
City.
Oncor Electric Delivery Company
Ord.393-2WSEMmdingtAcmmt ting On fmnchiu.d 1 07-0"S
By
Vice President
SECTION 3. Savings, Severability, and Repealing Clauses
All ordinances of the City in conflict with the provisions of this ordinance are repealed to
the extent of that conflict. If any provision of this ordinance shall be held to be invalid or
unconstitutional, the remainder of such ordinance shall continue in full force and effect
the same as if such invalid or unconstitutional provision had never been a part hereof.
The City hereby declares that it would have passed this ordinance, and each section,
subsection, clause, or phrase thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses, and phrases be declared unconstitutional or
invalid.
SECTION 4. Effective Date
This ordinance shall be in full force and effective from and after its passage.
PASSED by the City Council of the City of Anna, Texas, on this the _� day of
July 2008.
I=4 07P*0]I
nneth Pelham, Mayor
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N tha Wilkison, City Secretary
CITY OF ANNA, TEXAS ORDINANCE NO. y ra 0p PAGE 2 OF 2
STATE OF TEXAS §
COUNTY OF DALLAS §
WHEREAS, there was finally passed and approved on July 8, 2008 Ordinance No. 393-
2008 granting to Oncor Electric Delivery Company LLC, its successors and assigns, a
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Council of said City; and
Decor, acting by and through the undersigned authorized officer, hereby accepts in all
respects Ordinance No. 393-2008 extending the current electric franchise between the City and
Oncor and the same shall constitute and be a binding contractual obligation of Oncor and the
City.
WITNESS THE EXECUTION HEREOF, on this the 5 day of " jAa , 2008.
Oncor Electric Delivery Company LLC
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