HomeMy WebLinkAbout1625 03-23-2004ORDINANCE NO. 1625
AN ORDINANCE EXTENDING THE FRANCHISE OF ONCOR
ELECTRIC DELIVERY COMPANY FOR SIX MONTHS FOR THE
CONTINUED OPERATION OF DELIVERY OF ELECTRICITY
WITHIN THE CITY OF EULESS; PROVIDING THE TERMS AND
CONDITIONS THEREOF; PROVIDING FOR PUBLIC NOTICE
AND A PUBLIC HEARING; PROVIDING AN EFFECTIVE DATE;
PROVIDING A TERMINATION DATE; AND PROVIDING A
SEVERABILITY CLAUSE.
WHEREAS, the City Council of the City of Euless, Texas, did heretofore adopt
Ordinance No. 4 approving the electric franchise for Texas Power & Light Company, its
successors and assigns, within the corporate limits of the City of Euless, Texas; and
WHEREAS, through various conveyances, mergers and acquisitions, the electric
company originally known as Texas Power & Light Company is now known as Oncor Electric
Delivery Company; and
WHEREAS, although the City and Oncor Electric Delivery Company have been
negotiating in good faith towards a new franchise agreement, the parties have not yet been able
to reach final agreement on the terms and conditions of said new electric delivery franchise; and
WHEREAS, the City Council of the City of Euless, Texas, hereby finds and determines
that the best interests of the citizens of Euless would be served by extending the City's existing
franchise with Oncor Electric Delivery Company for an additional six months, to allow the parties
to negotiate a new, longer term franchise agreement for provision of electric delivery services
within the City; and
WHEREAS, the requirements of the City of Euless Charter have been in all things
complied with by the City and the electric delivery company, including the giving of adequate
public notice and opportunity for comment upon the extension of the electric delivery franchise
granted hereby.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EULESS, TEXAS:
SECTION 1
That the term of the current franchise ordinance, contained in Section 1 of City of Euless
Ordinance No. 4, originally adopted on April 20, 1953, be hereby extended by an additional six
months from its current expiration date of April 30, 2004, so that same shall now extend to and
expire upon October 30, 2004. The City of Euless hereby extends the term of said franchise for
said period of time, all upon the same terms and conditions as currently set forth in Ordinance
No. 4 of the City of Euless.
SECTION 2
After the first reading of this ordinance, the City Secretary's office shall cause to be
published a notice in the official city newspaper, affording the public adequate notice and
opportunity for comment upon the franchise extension granted hereby, with a public hearing
thereon to be held immediately prior to the second reading and city council action upon this
ordinance.
SECTION 3
Severability Clause. That it is hereby declared to be the intention of the City Council
that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable,
and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared
invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and sections of this ordinance, since the same would have been
enacted by the City Council without the incorporation in this ordinance of any such invalid or
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 4
Saving Clause. That Ordinance No. 4 of the City of Euless, Texas, as amended, shall
remain in full force and effect, save and except as amended by this ordinance.
SECTION 5
Effective Date. This ordinance shall be in full force and effect from and after its
passage and publication as provided by the Euless City Charter and the laws of the State of
Texas.
PRESENTED AND GIVEN FIRST READING and approved at a regular meeting of the
Euless City Council on the 10'h day of February, 2004, by a vote of 6 ayes, 1 nay, and 0
abstentions.
PRESENTED AND GIVEN SECOND AND FINAL READING and approved at a regular
meeting of the Euless City Council on the 23rd day of March, 2004, by a vote of 6 ayes,
_0_ nays, and 0_ abstentions.
APPROVED:
Mary Lib Sal @h, Mayor
ATTEST:
man Crim, C, City Secretary
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Ordinance Nix 1625, Page 2 oft