HomeMy WebLinkAboutOrd 417-2008 Extending Oncor Electric Franchise.pdfCITY OF ANNA, TEXAS
ORDINANCE NO. 417-2008
AN ORDINANCE EXTENDING THE TERM OF AN ORDINANCE OF THE CITY OF
ANNA, TEXAS GRANTING A FRANCHISE TO ONCOR ELECTRIC DELIVERY
COMPANY LLC; PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING
CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, Oncor Electric Delivery Company LLC, (the "Company'), is engaged in the
business of providing electric utility service within the City of Anna, Texas (the "City')
and is using the public streets, alleys, grounds and right-of-ways within the City for that
purpose under the terms of a franchise ordinance duty passed by the governing body of
the City of Anna, adopted on June 3, 1958, as amended on November 12, 2002 and
extended on July 8, 2008 by Ordinance 393-2008 until December 31, 2008 all as duly
accepted by Company; and
WHEREAS, the Company has reaffirmed its agreement to continue to negotiate in good
faith with the City for development and approval of a new franchise
ordinance/agreement beyond December 31, 2008 if necessary and whereas the City
and Company desire to lengthen the extension contained in Ordinance 393-2008 until
March 31, 2009, or until the Company accepts a new franchise ordinancetagreement,
whichever occurs first; 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extension ordinance will be superseded on the effective date of the new franchise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. Recitals Incorporated.
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as amended, is extended to March 31, 2009, unless superseded by a new franchise
ordinance accepted by the Company.
Section 2. Acceptance.
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:
Ob. 417-2008 E)dend"kV Wu Fmch" m 0n EkdmAw 1 1208-08
Oncor, acting by and through the undersigned authorized officer, hereby
accepts in all respects, on this the day of 20-_, Ordinance
No. 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
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 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
section, subsection, sentence, clause, and phrase be declared unconstitutional or
invalid.
Section 4. Publication of the Caption Hereof and Effective Date.
This ordinance shall be in full force and effective from and after its passage and upon
the posting and/or publication, if required by law, of its caption and the City Secretary is
hereby directed to implement such posting and/or publication.
PASSED by the City Council of the City of Anna, Texas, this 9th day of December,
2008.
ATTESTED: APPROVED
C' Secretary, Netha Wilkison ayor, Kenneth Pelham
Om. 417-2008 ExreodW@ current Fm�to On r EteOrndm 2 7209-M
6 PR
STATE OF TEXAS §
COUNTY OF DALLAS §
WHEREAS, there was finally passed and approved on December 9, 2008
Ordinance No. 417-2008 granting to Oncor Electric Delivery Company LLC, its
successors and assigns, a franchise extension to furnish and supply electricity to
the general public in the City of Anna, Collin County, Texas, for the transporting,
delivery and distribution of electricity in, out of and through said municipality for all
purposes, which is recorded in the Minutes of the City Council of said City; and
Oncor, acting by and through the undersigned authorized officer, hereby
accepts in all respects Ordinance No. 417-2008 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.
2008.
WITNESS THE EXECUTION HEREOF, on this the -16- day of b t c M �
Oncor Electric Delivery Company LLC
Vice Pr sident