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HomeMy WebLinkAbout1658 09-28-2004ORDINANCE NO. 1658 AN ORDINANCE GRANTING THE RIGHT, PRIVILEGE AND FRANCHISE TO TXU ELECTRIC DELIVERY COMPANY, AND ITS SUCCESSORS AND ASSIGNS, TO USE THE PUBLIC RIGHTS -OF- WAY OF THE CITY OF EULESS, TEXAS, FOR DELIVERY OF ELECTRIC POWER; PROVIDING FOR PERIOD OF GRANT; FOR METHOD OF ACCEPTANCE; FOR CONSIDERATION; FOR CONSTRUCTION AND RELOCATION OF SYSTEM FACILITIES; FOR ASSIGNMENT; FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: SECTION 1 GRANT OF FRANCHISE That the City of Euless, Texas, subject to the terms, conditions and provisions of this ordinance, does hereby grant to TXU Electric Delivery Company, (hereinafter referred to as the "Company "), its successors and assigns, the non - exclusive right, privilege and franchise to construct, extend, maintain and operate the Company's System in the Public Rights -of -Way of the City for the purpose of supplying electricity to the City, the inhabitants thereof, and persons, firms and corporations beyond the corporate limits thereof . SECTION 2 DEFINITIONS 2.1 "Company" shall mean TXU Electric Delivery Company, a Texas corporation, existing under and by virtue of the laws of the State of Texas, and authorized to transact and transacting business in the State of Texas, together with its legal representatives, successors, lessees and assigns. 2.2 "Effective Date" shall mean the date thirty (30) days after the date that the City Council of the City of Euless, Texas, finally approves this Ordinance No. 1658, on second and final reading. 2.3 "Franchise" shall mean this Ordinance and all rights and obligations established herein or as amended. 2.4 "Ordinance" shall mean this Ordinance No. 1658, and any subsequent amendments. 2.5 "Public Rights -of -Way" shall mean streets, alleys, highways utility easements (other than private easements obtained by the Company), public ways, and public grounds of the City and beneath the surface thereof as they may now or hereafter may exist and as defined herein, but such does not include bridges or other City infrastructure in or on the Public Right -of -Way. 2.6 "System" shall mean all electric power lines and other desirable instrumentalities and appurtenances (including underground conduits, poles, towers, wires, transmission lines and other structures, and telephone and communication lines) necessary for the purpose of supplying electricity to the City, the inhabitants thereof, and persons, firms and corporations beyond the corporate limits thereof. 2.7 "City" shall mean the City of Euless, Texas, as constituted on the effective date of this Ordinance or as may hereinafter be constituted. 2.8 "City Manager" shall mean the City Manager, or his designee of the City of Euless. 2.9 "Municipal Franchise Charge" shall mean the fee authorized by Section 33.008(b) of PURA, as amended, or any similar or successor law, currently the product of a factor of .002971 multiplied by each kilowatt hour of electricity delivered to each retail customer within the City of Euless' municipal boundaries. SECTION 3 TERM OF FRANCHISE Upon the filing with the City by the Company of the acceptance required hereunder, this Franchise shall be in full force and effect from and after the date of the passage and approval of this Ordinance until the 30th day of April 2020, pending Company's acceptance as provided for in Section 4. SECTION 4 ACCEPTANCE OF FRANCHISE The Company shall have thirty (30) days from and after the passage and approval of this Ordinance to file its written acceptance thereof with the City Secretary in substantially the form of Exhibit "A" attached hereto. If Company's acceptance is not filed within thirty (30) days from and after passage and approval by the City, then this Ordinance shall be void and of no effect. SECTION 5 FRANCHISE FEE 5.1 In consideration of the grant of said right, privilege and franchise by the City and as full payment of the right, privilege and franchise of using and occupying the public rights -of way, and in lieu of any and all occupation taxes, assessments, municipal charges, fees, easement taxes, franchise taxes, license, permit and inspection fees or charges, street taxes, street or alley rentals, bonds, certain regulatory expenses under Section 33.023 of the Public Utility Regulatory Act, Title 2, Texas Utilities Code ( "PURA "), as amended, or any similar or successor law, and all other taxes, charges, levies, fees and rentals of whatsoever kind and character which the City may impose or hereafter be authorized or empowered to levy and collect, excepting only the usual general or special ad valorem taxes which the City is authorized to levy and impose upon real and personal property, sales and use taxes, and special assessments for public improvements, Company shall pay to the City a sum comprised of the following: A. A Municipal Franchise Charge. The first payment hereunder shall be due and payable on or before May 1, 2005, based on each kilowatt hour of electricity delivered by Company during the twelve -month period ending March 31, 2005, to each retail customer whose consuming facility's point of delivery is located within the City's municipal boundaries. This initial payment and the payment provided on or before May 1 of each year throughout the life of this franchise are for the rights and privileges granted hereunder for the twelve month period (May 1 — April 30) succeeding the payment date. Thereafter, on or before May 1 of each year throughout the life of this franchise, Company shall pay to the City a Municipal Franchise Charge based on the preceding twelve month period beginning April 1 and ending March 31. The final payment hereunder shall be due and payable on or before May 1, 2019 and will be for the right and privilege from May 1, 2019 through April 30, 2020; and B. A sum equal to four percent (4 %) of gross revenues received by Company from services identified in its "Tariff for Retail Delivery Service ", Section 6.1.2, "Discretionary Service Charges," items DD1 through DD24, that are for the account or benefit of an end -use retail electric consumer. (1) The franchise fee amounts based on "Discretionary Service Charges" shall be calculated on an annual calendar year basis, i.e. from January through December 31 of each calendar year. (2) The franchise amounts that are due based on "Discretionary Service Charges" shall be paid at least once annually on or before April 30 each year based on the total "Discretionary Service Charges" received during the preceding calendar year inside the City limits. The initial Discretionary Service Charge franchise fee amount will be paid on or before April 30, 2005 and will be based on the calendar year January 1 through December 1, 2004. The final Discretionary Service Charge franchise fee amount will be paid on or before April 30, 2020 and will be based on the calendar year January 1 through December 31, 2019. (3) Company may file a tariff or tariff amendment(s) to provide for the recovery of the franchise fee on Discretionary Service Charges. (4) City agrees (i) to the extent the City acts as regulatory authority, to adopt and approve that portion of any tariff which provides for 100% recovery of the franchise fee on Discretionary Service Charges; (ii) in the event the City intervenes in any regulatory proceeding before a federal or state agency in which the recovery of the franchise fees on such Discretionary Service Charges is an issue, the city will take an affirmative position supporting the 100% recovery of such franchise fees by Company and; (iii) in the event of any appeal of any such regulatory proceeding in which the City has intervened, the City will take an affirmative position in any such appeals in support of the 100% recovery of such franchise fees by Company. (5) City agrees that it will take no action, nor cause any other person or entity to take any action, to prohibit the recovery of such franchise fees by Company. C. Notwithstanding anything to the contrary in Section 5.1(A) and 5.1(B) hereof, if Company files general rate cases and the City incurs cumulative expenses, otherwise reimbursable by Company under Section 33.023 of PURA, as amended, or similar or successor law, in excess of $4 million, then in such event, Company shall reimburse all of the expenses incurred by the City in connection with all general rate cases filed during the period beginning June 1, 1993, and ending July 13, 2008, in excess of said $4 million. The term "general rate case" as used in this Ordinance means a rate case initiated by Company in which it seeks to increase its rates charged to a substantial number of its customer classes in the City and elsewhere in its system and in which Company's overall revenues are determined in setting such rates. The City agrees to exercise reasonable best efforts, considering the facts and circumstances, to keep its expenses on average to under $1,000,000 per general rate case. 5.2 If Company fails to pay when due any payment provided for in this Section, Company shall pay such amount plus interest from such due date until payment is received by City. Interest shall be calculated in accordance with the interest rate for customer deposits established by the PUC in accordance with Texas Utilities Code Section 183.003 for the time period involved. SECTION 6 AUDIT OF COMPANY'S RECORDS AND REPORTS 6.1 Books of Account. The Company shall keep complete and accurate books of accounts and records of its business and operations under and in connection with this Franchise. To the extent practicable, all such books of accounts and records shall be made available at the Company's principal office. 6.2 Access by City. Upon reasonable notice, the City Manager shall have access to books of accounts and records of the Company as said books of accounts and records relate to the Company's delivery of electric energy within the City's corporate limits for ascertaining the correctness of any and all reports to the City and compliance with this Franchise. 6.3 Audits. Pursuant to Section 33.008(e) of PURA, the City may conduct an audit or other inquiry in relation to a payment made by Company less than two (2) years before the commencement of such audit or inquiry. As a part of the audit process, the City may inspect Company's books of accounts relative to the City during regular business hours on ten (10) business days' prior written notice or as otherwise agreed to by the parties. All records reasonably necessary for such audit performed pursuant to Section 33.008(e) shall be made available by Company at Company's principal office. Company agrees to give its full cooperation in such audit and shall provide complete responses to inquiries within thirty (30) days of written request unless otherwise agreed to by the City and Company. If as the result of such audit, Company is refanded/credited for an overpayment or pays the City for an underpayment of the Franchise Fee, such refund/credit or payment shall be made pursuant to the terms established in Section 5.2. Any overpayment to the City through error or otherwise will, at the option of the City, either be refunded within thirty (30) days of discovery OR be offset against the next payment due from Company. The City agrees to hold in strict confidence any non - public information or information marked proprietary or confidential that it learns from Company to the fullest extent permitted by law. Where a court or regulatory agency order requires the City to release non - public information, City shall provide notice to Company prior to releasing the information so as to allow Company adequate time to pursue available remedies for protection. City shall not be liable to Company for the release of any information obtained as a result of an audit where the City is required to release that information by ruling of the Texas Attorney General, law or court order. SECTION 7 ANNEXATIONS BY THE CITY This Franchise shall extend to and include any and all territory which is annexed by the City or made part of the City by mutual boundary adjustment during the term of this Franchise. Upon receipt of the City's written notification to the Company of any such annexation, the Company shall initiate actions to assure that any and all customers located within such annexed territory be included and shown on its accounting system as being within the City. Such annexed territory shall be subject to the payment provisions specified in Section 5 of this Franchise. SECTION 8 CONSTRUCTION 8.1 Compliance with all lawful City Ordinances. The Company shall be bound by all applicable lawful City ordinances, including but not limited to, those that govern the construction and location standards in the City's Public Rights -of -Way but only to the extent such provisions are in compliance with the Texas Utilities Code, any other applicable federal or state law, rule or regulation, to the fullest extent allowed by law, and to the extent that such City ordinances do not conflict with the provisions of this Franchise. This Franchise shall in no way affect or impair the rights, obligations or remedies of the parties under the Texas Public Utility Regulatory Act, or other state or federal law. Nothing herein shall be deemed a waiver, release or relinquishment of either party's rights to contest, appeal, or file suit with respect to any action or decision of the other parry, including City ordinances, that it believes is contrary to any federal, state or local law or regulation. The City shall provide Company with reasonable notice and opportunity to review and comment upon any new or revised City laws, rules, or regulations that impact Company's use of the Public Rights -of -Way. 8.2 Relocation of Facilities. In the event a relocation is required by the City of any of the Company's System in the Public Rights -of -Way for the widening or straightening of a street within the City, such relocation shall be at the sole cost of the Company. If Company is required by City to remove or relocate its poles, towers, or other facilities for any reason other than the widening or straightening of a street by the City, Company shall be entitled to reimbursement from the City or others of the cost and expense of such removal or relocation, unless state or federal law or regulation requires the Company to pay such costs and expense. 8.3 City Inspection. The City retains the right to make reasonable visual, non- invasive inspections of the System located within the City's public rights -of -way and upon reasonable notice and request of the City Manager or City Council from time to time, to require the Company to make available for inspection, and copies reasonably requested by City, records or data to demonstrate its current compliance with the terms of this Franchise. Said inspections shall be made during the Company's normal business hours and shall not cause the Company's employees to work any hours that will cause the Company to pay overtime wages or salaries to employees necessary to fulfill the City's right to said inspection. SECTION 9 INDEMNITY In consideration of the granting of this franchise, Company agrees to indemnify, defend, and hold harmless the City, its, officers, agents and employees (the "Indemnitees ") from and against all suits, actions or claims of injury to any person or persons, or damages to any property brought or made for or on account of any death, injuries to, or damages received or sustained by any person or persons or for damage to or loss of property arising out of, or occasioned by Company's intentional and/or negligent acts or omissions in connection with Company's operations in the public rights -of -way; except that the indemnity provided for in this paragraph shall not apply to any liability determined by a court of competent jurisdiction to have resulted from the negligence or intentional acts or omissions of the City, its officers, agents and employees. In the event of joint and concurrent negligence or fault of both the Company and the City, responsibility and indemnity, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas without, however, waiving any governmental immunity available to the City under Texas law and without waiving any of the defenses of the parties under Texas law. Further, in the event of joint and concurrent negligence or fault of both the Company and the City, responsibility for all costs of defense shall be apportioned between the City and Company based upon the comparative fault of each. The provisions of this Section 9 shall survive the termination, expiration, or cancellation of this ordinance. SECTION 10 TRANSFERS AND ASSIGNMENT 10.1 No transfer or assignment of this Franchise, except to any parent, subsidiary, affiliate or successor entity now or hereafter existing, shall be effective unless it be in writing, in duplicate, signed by the transferor and by the transferee filed with the City Secretary. The Company shall be required to pay the City publication costs required by City Charter or ordinance to effectuate the transfer or assignment. 10.2 No transfer or assignment, except as stated in 10.1 above, in law or otherwise shall be effective until the assignee has filed with the City Manager an instrument, duly executed, reciting the fact of such transfer or assignment, accepting the terms of this Franchise, and agreeing to comply with all of the provisions of this Franchise substantial. A mortgage or other pledge of assets in a bona fide lending transaction shall not be considered an assignment for the purposes of this section. SECTION 11 COMPLIANCE, REMEDIES AND TERMINATION 11.1 Compliance. The City shall notify the Company in writing, of an alleged failure to comply with a material provision of this Ordinance, which notice shall specify the alleged failure with reasonable particularity and shall state that the provisions of this Section 11 are being invoked. The Company shall, within thirty (30) days after receipt of such notice or such longer period of time as the City may specify in such notice, either cure such alleged failure or, in a written response to the City, either present facts and arguments in refutation or defense of such alleged failure or state that such alleged failure will be cured and set forth the method and time schedule for accomplishing such cure. 11.2 Remedies: In the event that a cure identified in accordance with Section 11.1 is not forthcoming, City shall be entitled to exercise any and all of the following cumulative remedies: A. The commencement of an action against Company at law for monetary damages. B. The commencement of an action in equity seeking injunctive relief or the specific performance of any of the provisions that, as a matter of equity, are specifically enforceable. C. Upon a finding of a breach of this Franchise agreement in an action brought pursuant to Section 11.2 A. or B. above, City shall have the right to forfeit and terminate the Franchise Agreement as provided in Section 11.4. 11.3 Remedies Not Exclusive: The rights and remedies of City and Company set forth in this Franchise Agreement shall be in addition to, and not in limitation of, any other rights and remedies provided by law or in equity. City and Company understand and intend that such remedies shall be cumulative to the maximum extent permitted by law and the exercise by City of any one or more of such remedies shall not preclude the exercise by City, at the same or different times, of any other such remedies for the same failure to cure. However, notwithstanding this Section or any other provision of this Franchise Agreement, City shall not recover both liquidated damages and actual damages for the same violation, breach, or noncompliance, either under this Section or under any other provision of this Franchise Agreement. 11.4 Termination: A. This Franchise Agreement may be terminated as set forth in Section 11.2.C. City shall notify Company in writing at least fifteen (15) business days in advance of the City Council meeting at which the question of termination shall be considered, and Company shall have the right to appear before the City Council in person or by counsel and raise any objections or defenses Company may have that are relevant to the proposed forfeiture or termination. The final decision of the City Council may be appealed to any court or regulatory authority having jurisdiction. Upon timely appeal by Company of the City Council's decision terminating the franchise, the effective date of such termination shall be either when such appeal is withdrawn or a court order upholding the termination becomes final and unappealable. Until the termination becomes effective the provisions of this franchise shall remain in effect for all purposes. The City recognizes Company's right and obligation to provide service in accordance with the Certificate of Convenience and Necessity authorized by the Public Utility Commission in accordance with the Texas Utilities Code. B. Any termination of the franchise granted by this Agreement in whole or in part shall not release Company from any liability or obligation hereunder which was accruing or had accrued at the time of termination, without limitation. SECTION 12 ENFORCEMENT The City Attorney or his/her designee shall have the right to enforce all legal rights and obligations under this Ordinance without further authorization. The Company shall provide to the City Attorney or his /her designee documents and records that the City Attorney or his/her designee deems reasonably necessary to determine the Company's compliance with this Ordinance, with the exception of those documents made privileged and/or confidential by federal or state law or regulation or any documents that would be privileged under the Texas Rules of Civil Procedure. The Company reserves the right to contest the determination of documents and records. SECTION 13 NONEXCLUSIVE FRANCHISE Nothing contained in this Franchise shall ever be construed as conferring upon the Company any exclusive rights or privileges of any nature whatsoever. SECTION 14 ENTIRE AGREEMENT This Franchise contains all of the agreements of the parties with respect to any matter covered or mentioned in this Franchise and no prior or contemporaneous agreements or understandings pertaining to any such matters shall be effective for any purpose, with the exception of the Compromise Settlement Release Agreement signed by the City on August 13, 2002. SECTION 15 SEVERABILITY If any section, subsection, sentence, clause, phrase, or portion of this Franchise is for any reason held invalid or unconstitutional by any court or administrative agency of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. SECTION 16 NON - WAIVER Failure of the City to declare, or delay in taking any action in connection with, any breach or default immediately upon the occurrence thereof shall not waive such breach or default, but the City shall have the right to declare any such breach or default at any time. Failure of the City to declare one breach or default does not act as a waiver of the City's rights to declare another breach or default. Furthermore, the City does not waive any claim which the City may have under the Prior Electric Franchise by entering into this Ordinance. SECTION 17 NOTICES Any notice required to be given from one party to the other party under this Franchise shall be in writing and shall be deemed to have been given and received if (i) delivered in person to the address set forth below; (ii) deposited in an official depository under the regular care and custody of the United States Postal Service located within the confines of the United States of America, proper postage prepaid, and sent by certified mail, return receipt requested, and addressed to such party at the address hereinafter specified; or (iii) delivered to such party by courier receipted delivery. Either party may designate another address within the confines of the continental United States of America for notice, but until written notice of such change is actually received by the other party, the last address of such party designated for notice shall remain such party's address for notice. To the City: To Company: City of Euless, Texas TXU Electric Delivery Company 201 N. Ector 500 N. Akard Street, Suite 14 -132 Euless, Texas 76039 Dallas, TX 75201 Attn: City Manager Attn: Manager Municipal Regulatory Affairs SECTION 18 GOVERNING LAW This Ordinance shall be governed by and construed in accordance with the laws of the State of Texas. PRESENTED AND GIVEN FIRST READING at a regular meeting of the Euless City Council on the 17"' day of August, 2004, by a vote of 7 ayes, 0 nays, and 0 abstentions PRESENTED AND APPROVED ON SECOND AND FINAL READING at a regular meeting of the Euless City Council on the 28th day of September, 2004, by a vote of 7 ayes, 0 nays and 0 abstentions. APPROVED: Mary Lib SaYeh, Mayor ATTEST: tx��' usan Crim, _C, City Secretary APPROVED AS TO FORM: �, P45 n STATE OF TEXAS § COUNTY OF DALLAS § WHEREAS, there was finally passed and approved on September 28, 2004, Ordinance No. 1658 granting to TXU Electric Delivery Company, a corporation, its successors and assigns, a franchise to furnish and supply electricity to the general public in the City of Euless, Tarrant County, Texas, for the transporting, delivery, sale 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 WHEREAS, Section 4 of said ordinance provides as follows: SECTION 4: The Company shall have thirty (30) days from and after the passage and approval of this Ordinance to files its written acceptance thereof with the City Secretary in substantially the form of Exhibit "A" attached hereto. If Company's acceptance is not filed within thirty (30) days from and after passage and approval by the City, then this Ordinance shall be void and of no effect." AND, WHEREAS, it is the desire of TXU Electric Delivery Company, the holder of the rights, privileges and grants under the aforesaid franchise ordinance, to comply with the above - quoted provisions of Section 4 thereof. By mutual agreement between the City and Company, as identified by attached City of Euless letter dated 11/29/04, the aforementioned thirty (30) day acceptance requirement of Section 4 is waived. NOW, THEREFORE, premises considered, TXU Electric Delivery Company, acting by and through its duly authorized officers does hereby agree to and accept the franchise granted to it by the above - described ordinance, in accordance with its terms, provisions, conditions and requirements and subject to the stipulations and agreements therein contained. WITNESS THE EXECUTION HEREOF, on this the 43'�'OAday of December, 2004. TXU Electric Delivery Company Senior Vice Pre od nt STATE OF TEXAS § COUNTY OF TARRANT § CITY OF EULESS § I, 1 City Secretary of the City of Euless, Texas, do hereby certify that the above and foregoing is a true and correct copy of a formal acceptance of a franchise ordinance finally passed and approved by said City on September 28, 2004, and of record in the Minutes of the City; and I do further certify that said acceptance has been duly presented to the City Council and filed in connection with and as a part of said franchise ordinance. f, OF WHICH, witness my official signature and the seal of said City on this the a day of T). '2004. City Secreta City of Eules , Texas EXHIBIT "A" (In accordance with Section 4) TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF EULESS: WHEREAS, there was finally passed and approved on ' Ordinance No. 1658 granting to TXU Electric Delivery Company, a corporation, its successors and assigns, a franchise to furnish and supply electricity to the general public in the City of Euless, 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 WHEREAS, Section 4 of said ordinance provides as follows: " Section 4. ACCEPTANCE OF FRANCHISE. The Company shall have thirty (30) days from and after the passage and approval of this Ordinance to file its written acceptance thereof with the City Secretary in substantially the form of Exhibit "A" attached hereto. If Company's acceptance is not fded within thirty (30) days from and after passage and approval by the City, then this Ordinance shall be void and of no effect." AND, WHEREAS, it is the desire of TXU Electric Delivery Company, the holder of the rights, privileges and grants under the aforesaid franchise ordinance, to comply with the above - quoted provisions of Section 4 thereof. NOW, THEREFORE, premises considered, TXU Electric Delivery Company, acting by and through its duly authorized officers, and within the time prescribed by Section 4 quoted above, does hereby agree to and accept the franchise granted to it by the above - described ordinance, in accordance with its terms, provisions, conditions and requirements and subject to the stipulations and agreements therein contained. WITNESS THE EXECUTION HEREOF, on this the day of ,20 TXU Electric Delivery Company Dated the day of , A.D., 20 THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on , 20_____, by the Of , a corporation, on behalf of said corporation. NOTARY PUBLIC, STATE OF TEXAS My Commission expires: Printed Name: THE STATE OF TEXAS COUNTY OF TARRANT I, Susan Crim, the duly appointed, qualified acting City Secretary of the City of Euless, Texas, hereby certify that the above and foregoing Acceptance was received and filed in the office of the City Secretary of the City of Euless on the day of 20 Executed under my hand and the official seal of the City of Euless, Texas, at said City, this day of , A.D., 20 SUSAN CRIM, CITY SECRETARY CITY OF EULESS, TEXAS November 29, 2004 TXU Electric Delivery Company ATTN: Manager Municipal Regulatory Affairs 500 N. Akard Street, Suite 14 -132 Dallas, TX 75201 Please accept this as notification that the Acceptance of Franchise by TXU Electric Delivery Company with the City of Euless is being extended per City Manager Joe Hennig from thirty days from the final passage of Ordinance No. 1658, approved on September 28, 2004, to the date TXU Electric Delivery Company executes and returns Exhibit A to the Euless City Secretary's Office. Sincerely, 6dle,7� Becky Null, TRmc, cMc Deputy City Secretary 201 N. Ector Drive, Euless, Texas 76039 -3595 8171685 -1400 • Metro 817/267 -4403 • Fax 817/685 -1416 www.ci.euless.tx.us � TXU _ Electric Delivery TXU Electric Delivery Steve Johnson 200 N. Ector Drive Area Manager Euless,TX 76039 Community & Customer Relations Tel: 817 355 7001 Fax: 817 355 7090 sjohnson @txued.com December 8, 2004 Mary Lib Saleh, Mayor City of Euless 201 N. Ector Euless, TX 76039 Dear Mayor Saleh: As identified in the attached City letter dated 11/29/04, by mutual agreement between the City of Euless and TXU Electric Delivery Company, the thirty (30) day acceptance requirement of Franchise Ordinance No. 1658 (Section 4) has been waived. TXU Electric Delivery completed the acceptance agreement on December 3, 2004 and two copies are enclosed. Please have both copies signed and sealed by the City Secretary of Euless and return one original to my office for handling. In accordance with the new franchise Section 17 the Company would like to provide a new address for future notices to be submitted. Debra Anderson Manager Municipal Regulatory 500 N. Akard Suite 13 -062 Dallas, TX 75201 Acceptance of the letter and your signature signifies your agreement to the above terms. If you have any questions, please feel free to give me a call. Sikely, Steve John Area Ma aer Received: By: Date: For: City of E ss