ORD 1993-03ORDINANCE NO: 93-03
AN ORDINANCE GRANTING TO LONE STAR GAS COMPANY, A DIVISION
OF ENSERCH CORPORATION, A CORPORATION, ITS SUCCESSORS AND
ASSIGNS, A FRANCHISE TO FURNISH AND SUPPLY GAS TO THE
GENERAL PUBLIC IN THE TOWN OF TROPHY CLUB, DENTON COUNTY,
TEXAS, FOR THE TRANSPORTING, DELIVERY, SALE, AND DISTRIBUTION
OF GAS IN, OUT OF, AND THROUGH SAID MUNICIPALITY FOR ALL
PURPOSES; PROVIDING FOR THE*PAYMENT OFA FEE OR CHARGE FOR
THE USE OF THE STREETS, ALLEYS, AND PUBLIC WAYS; AND
PROVIDING THAT IT SHALL BE IN LIEU OF OTHER FEES AND CHARGES,
EXCEPTING AD VALOREM TAXES; AND REPEALING ALL PREVIOUS GAS
FRANCHISE ORDINANCES.
BE IT ORDAINED BYTHE TOWN COUNCIL OFTHE TOWN OF TROPHY CLUB, TEXAS:
SECTION 1: That the Town of Trophy Club, Texas, hereinafter called "Town",
hereby grants to Lone Star Gas Company, a Division of ENSERCH CORPORATION,
hereinafter called "Company," its successors and assigns, consent to use and occupy the
present and future streets, alleys, highways, public places, public thoroughfares, and
grounds of Town for the purpose of laying, maintaining, constructing, operating, and
replacing therein and thereon pipelines and all other appurtenant equipment needed and
necessary to deliver gas in, out of, and through said Town and to sell gas to persons,
firms, and corporations, including all the general public, within the Town corporate limits,
said consent being granted for a term of twenty-five (25) years from and after the effective
date of this ordinance.
SECTION 2: Company shall lay, maintain, construct, operate, and replace its
pipes, mains, laterals, and other equipment so as to interfere as little as possible with
traffic and shall promptly clean up and restore all streets and other surfaces which it may
disturb to as good a condition as before the commencement of the work. Should the
Town determine, within one year from the date of such restoration, that such surface
requires additional restoration work to place it in as good a condition as before the
commencement of the work, the Company shall perform such additional restoration work
to the reasonable satisfaction of the Town. No public street, avenue, highway, alley or
public place shall be encumbered for a longer period than shall be reasonable necessary
to execute all work.
The location of all mains, pipes, laterals, and other appurtenant equipment shall be
fixed under the supervision of the Town or an authorized agent appointed by said Town.
If at any time during the period of the franchise the Town shall elect to alter or
change the grade of any street or construct any other public works, the Company, upon
reasonable notice by the Town, shall remove and relocate its pipes, mains, laterals, and
other equipment located in the public right-of-way at its own expense. In the event the
Company, after thirty (30) days written notice from the Town, fails or refuses to act, the
Town shall have the power to remove or cause to be removed the same at the expense
of the Company, all without compensation or liability for damages from the Town to the
Company; provided, however, that the Company shall not be required to act as set forth
herein where prohibited from doing so by acts of God, national emergencies or by the
Town.
When the Company is required to relocate its mains, laterals, and other facilities
to accommodate construction, and the relocation is the result of construction or
improvement to the Federal -Aid System (or any successor thereto), and Company is
eligible for reimbursement for its costs and expenses incurred as a result of such
construction and improvement from the Federal Government, the County Government,
or the State of Texas, as permitted by law pursuant to any reimbursement program, and
Town requests reimbursement for costs and expenses incurred as a result of such
construction or improvement, Company costs and expenses shall be included within any
such application for reimbursement, provided that Company submits the appropriate
documentation to Town prior to such application. Town shall make a reasonable effort
to provide sufficient notice to the Company to allow the submittal of appropriate cost
information to the Town.
SECTION 3: When Company shall make or cause to be made excavations or
shall place obstructions in any street, alley, or other public place, Company shall protect
the public by barriers and lights placed, erected, and maintained by Company in
accordance with rules and regulations of the State of Texas and the Town; and in the
event of injury to or the death of any person or damage to any property by reason of any
act or omission by Company in its use, construction, operation, or maintenance of the
gas distribution plant or system of Company, Company shall hold Town harmless from
and indemnify Town against any and all liability, actions, claims, lawsuits, causes of
action, costs, fees and expenses in connection therewith.
SECTION 4: In addition to the rates charged for gas supplied, Company may
make and enforce reasonable charges, rules and regulations for service rendered in the
conduct of its business including a charge for services rendered in the inauguration of
natural gas service, and may require, before furnishing service, the execution of a
contract therefor. Company shall have the right to contract with each customer with
reference to the installation of, and payment for, any and all of the gas piping from the
connection thereof with the Company's main in the streets or alleys to and throughout the
customer's premises. Company shall own, operate and maintain all service lines, which
are defined as the supply lines extending from the Company's main to the customer's
meter where gas is measured by Company. The customer shall own, operate, and
maintain all yard lines and house piping. Yard lines are defined as the underground
2
supply lines extending from the point of connection with Company's customer meter to
the point of connection with customer's house piping.
SECTION 5: Company shall not be required to extend mains on any street more
than one hundred feet (100') for any one customer of gas; provided that no extension of
mains is required if the customer will not use gas for space heating and water heating,
or the equivalent load, at a minimum.
SECTION 6: Company shall be entitled to require from each and every customer
of gas, before gas service is commenced, a deposit in an amount calculated pursuant to
the Company's Quality of Service Rules as may be in effect during the term of this
franchise. Said deposit shall be retained and refunded in accordance with such Quality
of Service Rules and shall bear interest, as provided in Tex. Rev. Civ. Stat. Ann. art. 1440a
as it may be amended from time to time. Company shall be entitled to apply said deposit,
with accrued interest, to any indebtedness owed Company by the customer making the
deposit.
SECTION 7: The rights, privileges, and franchises granted by this ordinance are
not to be considered exclusive, and Town hereby expressly reserves the right to grant,
at any time, like privileges, rights, and franchises as it may see fit to any other person or
corporation for the purpose of furnishing gas for light, heat, and power to and for Town
and the inhabitants thereof. Provided, however, Town shall not grant more favorable
conditions, including franchise fee, to any other gas utility franchisee than are herein
granted to Company.
SECTION 8: Company, its successors and assigns, agrees to pay and Town
agrees to accept, on or before the 1 st day of June, 1993, $100.00 which annual payment
shall be for the rights and privileges herein granted to Company, including expressly,
without limitation, the right to use the streets, alleys, and public ways of said Town.
Thereafter, Company, its successors and assigns, agrees to pay and Town agrees to
accept, on or before the 1 st day of .lune, 1994, a sum of money which shall be equivalent
to three percent (3%) of the gross receipts received by Company from the sale of gas to
its residential and commercial customers within the corporate limits of said Town
(expressly excluding governmental accounts and receipts derived from sales to all other
classes of customers in said Town) from the effective date of this ordinance through
December 31, 1993, which annual payment shall be for the rights and privileges herein
granted to Company, including expressly, without limitation, the right to use the streets,
alleys, and public ways of said Town. Thereafter, Company, its successors and assigns,
agrees to pay and Town agrees to accept, on or before the 1st day of June, 1995, and
on or before the same day of each succeeding year during the life of this franchise, the
last payment being made on the 1st day of June, 2017, a sum of money which shall be
equivalent to three percent (3%) of the gross receipts received by Company from the sale
of gas to its residential and commercial customers within the corporate limits of said Town
(expressly excluding governmental accounts and receipts derived from sales to all other
M
classes of customers in said Town) during the preceding calendar year, which annual
payment shall be for the rights and privileges herein granted to Company, including
expressly, without limitation, the right to use the streets, alleys, and public ways of said
Town. The initial payment for the rights and privileges herein provided shall be from the
effective date of this franchise through December 31, 1993, and each succeeding
payment shall be for the period January 1 through December 31 of the respective year
in which the payment is made. And it is also expressly agreed that the aforesaid annual
payment shall be in lieu of any and all other and additional occupation taxes, easement,
and franchise taxes or charges (whether levied as an ad valorem, special, or other
character of tax or charge), in lieu of municipal license and inspection fees, street taxes,
and street or alley rentals or charges, and all other and additional municipal taxes,
charges, levies, fees, and rentals of whatsoever kind and character which Town may now
impose or hereafter levy and collect, excepting only the usual general or special ad
valorem taxes which Town is authorized to levy and impose upon real and personal
property. Should Town not have the legal power to agree that the payment of the
foregoing sums of money shall be in lieu of taxes, licenses, fees, street or alley rentals or
charges, easement or franchise taxes or charges aforesaid, then Town agrees that it will
apply so much of said sums of money paid as may be necessary to satisfy Company's
obligations, if any, to pay any such taxes, licenses, charges, fees, rentals, easement or
franchise taxes or charges.
In order to determine the gross receipts received by Company from the sale of gas
to residential and commercial customers within the corporate limits of Town, Company
agrees that on the same date that payments are made, as provided in the preceding
paragraph of this Section S, it will file with the Town Secretary a sworn report showing the
gross receipts received from the sale of gas to its residential and commercial customers
within said corporate limits during the calendar year preceding the date of payment.
Town may, if it sees fit, have the books and records of Company examined by a
representative of said Town to ascertain the correctness of the sworn reports agreed to
be filed herein.
SECTION 9: When this franchise ordinance shall have become effective, all
previous ordinances of said Town granting franchises for gas distribution purposes which
were held by Company shall be automatically cancelled and annulled, and shall be of no
further force and effect.
SECTION 10: In order to accept this franchise, Company must file its written
acceptance of this franchise ordinance within sixty (BD) days after its final passage and
approva[ by said Town. If this franchise ordinance is not accepted by Company within
sixty (63) days, the franchise ordinance shall be rendered null and void.
SECTION 11: This ordinance shall become effective on the date Company's
written acceptance is filed with the Town.
4
SECTION 12: Where the terms of this franchise require that notice in writing be
provided, such notice shall be sent to the following address, or to such other addresses
as the parties hereto shall provide to the other:
Town of Trophy Club
100 Municipal Drive
Trophy Club, Texas 76262
Attn: Town Manager
Lone Star Gas Gam an
173 West Highway 11.4
Grapevine, Texas 76051
Attn: Local Manager
PASSED AND APPROVED on this the 2nd day of . March
A.D. 19 93 .
r_r yRY16
Town Secretary
STATE OF TEXAS §
COUNTY OF DENTON §
TOWN OF TROPHY CLUB §
I, Cindy Kelly , Town Secretary of the Town of Trophy Club, Denton
County, Texas, do hereby certify that the above and foregoing is a true and correct copy
of an ordinance passed by the Town Council of the Town of Trophy Club, Texas, at a
regular session, held on the 2nd day of March , 1993 ,
as it appears of record in the Minutes in Book IV , page 21
WITNESS MY HAND AND SEAL OF SAID TOWN, this the 2hd day of
March , A. D. 19 93 .
t
Town Secretary
Town of Troph lub, Texas()
EXTRACT FROM THE MINUTES OF
THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS
The Town Council of the Town of Trophy Club, Denton County, Texas, convened
in regular___ session on the 2nd day of March 19 93 , at
:7. nn p. M:, with the following persons present:
Mayor: Pro Tem Gene Hill
Council Members: Marshall Engelbeck
Doug Glaspell
Patti Stoltz
Absent: Mayor ,lames Carter
Cotton Moore
A quorum being present, came on to be read and considered Ordinance No.
93-03 granting to Lone Star Gas Company, a Division of ENSERCH
CORPORATION, a Texas corporation, a franchise to furnish and supply natural gas to the
general public in the Town of Trophy Club, Texas, for the transporting, delivery, sale and
distribution of gas in, out of, and through said municipality for all purposes. On motion
made by Council Member Marshall Engelbeck and seconded by
Council Member Stoltz which carried unanimously, the
Town Council voted the passage of the Ordinance and to record same at length in these
minutes.
0
STATE OF TEXAS § _
COUNTY OF DENTON §
TOWN OF TROPHY CLUB §
I, Cindy Kelly , Town Secretary of the Town of Trophy Club, Texas, do
hereby certify that the above and foregoing is a true and correct copy of the proceedings
of the.Town Council of the Town of Trophy Club, Texas, at a regular session, held
on the 2nd day of March , 19 93 , in connection with the passage
and adoption of Ordinance No. D 93-03 granting a franchise to Lone Star Gas
Company and that the same is of record in Book Ty , page 21_
of the Minutes of .the Town Council.
WITNESS MY HAND AND SEAL OF SAID TOWN, this the 2nd
March , A.D. 19_aa__.
7
Town Secretary
Town of Trap lub, Texas 6
day of
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 94-18
AN ORDINANCE OF THE TOWN OF TROPHY CLUB,
TEXAS AMENDING ORDINANCE NO. 93-03, THE SAME
BEING THE LONE STAR GAS FRANCHISE ORDINANCE,
BY AMENDING THE SECTION 8 THEREOF BY
INCREASING THE FRANCHISE FEE PAID TO THE
TOWN FROM THREE PERCENT (3%) TO FOUR
PERCENT (4%); PROVIDING ASEVERABILITY CLAUSE;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Lone Star Gas Company ("LSGC"), a division of Enserch Corporation,
has a franchise in the Town of Trophy Club, Texas (the "Town") to supply the citizens of the
Town with natural gas through LSGC's distribution system; and
WHEREAS, LSGC and the Town desire to amend the existing franchise ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. Ordinance No. 93-03, the same being the Lone Star Gas Company
franchise ordinance, is hereby amended in the following particulars, and all other sections,
subsections, paragraphs, sentences, phrases and words of the said Ordinance are not
amended but are hereby ratified, verified, approved and affirmed:
A. Section 8 of Ordinance No. 93-03 is amended so that it shall hereafter
read as follows:
"SECTION 8: Company, its successors and assigns, agrees to
pay and Town agrees to accept, on or before the 1st day of
June, 1995, a sum of money which shall be equivalent to (i)
three percent (3%) of the gross receipts received by Company
from the sale of gas to its residential and commercial customers
within the Town (expressly excluding governmental accounts
and receipts derived from sales to all other classes of customers
in the Town) from January 1, 1994 through and including the
effective date of this ordinance, and (ii) four percent (4%) of
the gross receipts received by Company from the sale of gas to
its residential and commercial customers within the Town
(expressly excluding governmental accounts and receipts derived
from sales to all other classes of customers in the Town) from
the effective date of this ordinance through December 31, 1994.
Such payment shall be for the rights granted in this ordinance
for the time period from January 1, 1995 through and including
December 31, 1995.
DOC #: 199626 -1-
Company, its successors and assigns, agrees to pay and
Town agrees to accept, on or before the 1st day of June of each
year during the remaining term of this franchise, the last
payment being made on the 1st day of June, 2017, a sum of
money which shall be equivalent to four percent (4%) of the
gross receipts received by Company from the sale of gas to its
residential and commercial customers within the corporate limits
of said Town (expressly excluding governmental accounts and
receipts derived from sales to all other classes of customers in
said Town) during the preceding calendar year. All payments
as provided in this Section 8 shall be for the rights and
privileges herein granted to Company during the calendar year
in which the payment is made, including expressly, without
limitation, the right to use the streets, alleys, and public ways of
the Town.
It is expressly agreed that all payments pursuant to this
Section 8 shall be in lieu of any and all other and additional
occupation taxes, easement, and franchise taxes or charges
(whether levied as an ad valorem, special, or other character of
tax or charge), in lieu of municipal license and inspection fees,
street taxes, and street or alley rentals or charges, and all other
and additional municipal taxes, charges, levies, fees, and rentals
of whatsoever kind and character which Town may now impose
or hereafter levy and collect, excepting only the usual general
or special ad valorem taxes which Town is authorized to levy
and impose upon real and personal property. Should the Town
not have the legal power to agree that the payment of the
foregoing sums of money shall be in lieu of taxes, licenses, fees,
street or alley rentals or charges, easement or franchise taxes or
charges aforesaid, then Town agrees that it will apply so much
of said sums of money paid as may be necessary to satisfy
Company's obligations, if any, to pay any such taxes, licenses,
charges, fees, rentals, easement or franchise taxes or charges.
In order to determine the gross receipts received by
Company from the sale of gas to residential and commercial
customers within the corporate limits of Town, Company agrees
that on the same date that payments are made, as provided in
the preceding paragraph of this Section 8, it will file with the
town Secretary a sworn report showing the gross receipts
received from the sale of gas to its residential and commercial
customers within said corporate limits during the calendar year
preceding the date of payment. Town may, if it sees fit, have
the books and records of Company examined by a
representative of said Town to ascertain the correctness of the
sworn reports agreed to be filed herein."
DOC N: 198626 -2-
Section 2. If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance or application thereof to any person or circumstance is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this Ordinance, and the Town Council hereby declares
it would have passed such remaining portions of this Ordinance despite such invalidity, which
remaining portions shall remain in full force and effect.
Section 3. This Ordinance shall take effect on October 20, 1994 if LSGC files its
written acceptance of the provisions of this Ordinance with the Town within sixty (60) days
after its final passage and approval.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas this the 1 Rf-r day of �,t.aber , 1994.
Town of Trophy CO, Texas
ATTEST:
id
i
Town Secretary, Town of Trophy Club, Texas
APPROVED AS TO FORM:
abA-�d(rnevy),Town of Trophy Club, Texas
DCC M 199626 -3-
STATE OF TEXAS §
COUNTY OF DALLAS
WHEREAS, there was finally passed and approved on October 18, 1994, Ordinance
No. 94-18 amending the franchise previously granted to Lone Star Gas Company, a
Division of ENSERCH CORPORATION, a corporation,in the Town of Trophy Club, Tarrant
County, Texas, which is recorded in the Minutes of the Town Council of said Town; and
WHEREAS, Section 3 of said ordinance provides as follows:
"SECTION 3: This Ordinance shall take effect on October 20, 1994 if Lone
Star Gas Company tiles its written acceptance of the provisions of this
Ordinance with the Town within sixty (60) days after its final passage and
approval."
AND, WHEREAS, it is the desire of Lone Star Gas Company, a Division of
ENSERCH CORPORATION, to comply with the above -quoted provisions of Section 3
thereof.
NOW, THEREFORE, premises considered, Lone Star Gas Company, a Division of
ENSERCH CORPORATION, acting by and through its duly authorized officers, and within
the time prescribed by Section 3 quoted above, does hereby agree to and accept the
franchise amendment granted 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 I r, -r day of
1994.
ATTEST:
Assistant Secretary
LONE STAR GAS COMPANY
A DIVISION OF
ENSERCH CORPORATION
STATE OF TEXAS §
COUNTY OF TARRANT §
TOWN OF TROPHY CLUB §
I, Ka ran G a d r i Town Secretary of the Town of Trophy Club,
Texas, do hereby certify that the above and foregoing is a true and correct copy of a formal
acceptance of a franchise amendment ordinance finally passed and approved by said
Town on October 18, 1994, and of record in the Minutes of the Town; and I do further
certify that said acceptance has been duly presented to the Town Council and filed in
connection with and as a part of said franchise amendment ordinance.
OF WHICH, witness my official signature and the seal of said Tow. r� on- this the
15th day of December_ , 1994.
%%'ll�1E 3 ri'�1G .In "i > .
Town Secretary
Town of Trophy Club, Texas
2
ORDINANCE NO. 2002 - 31
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING ORDINANCE 94-15, AN AMENDMENT TO ORDINANCE
93-03, THE EXISTING GAS FRANCHISE BETWEEN THE TOWN OF
TROPHY CLUB, TEXAS AND TXU GAS COMPANY, TO PROVIDE FOR
A DIFFERENT CONSIDERATION AND TO AUTHORIZE THE LEASE
OF FACILITIES WITHIN THE TOWN'S RIGHTS-OF-WAY;
PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING FOR
SAVINGS; PROVIDING SEVERABILITY; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, TXU Gas Company (hereinafter called "TXU Gas") is, through its TXU
Gas Distribution division, engaged in the business of furnishing and supplying gas to the general
public in the Town, including the transportation, delivery, sale, and distribution of gas in, out of,
and through the Town for all purposes, and is using the public streets, alleys, grounds and rights -
of -ways within the Town for that purpose under the terms of a franchise ordinance heretofore
duly passed by the governing body of the Town and duly accepted by TXU Gas; and
WHEREAS, the Town and TXU Gas desire to arnend Section 8. of said franchise
ordinance to provide for a different consideration and to authorize the lease of facilities within
the Town's rights-of-way;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1
AMENDMENT
That Ordinance No. 93-03 of the Town of Trophy Club, Texas, the same being the
existing gas franchise between the Town of Trophy Club and TXU Gas, is hereby amended in
the following particulars, and all other articles, chapters, sections, paragraphs, sentences, phrases
and words are not amended but are hereby ratified and affirmed:
Section 8. is amended as follows:
A. Effective January 1, 2002, the consideration payable by TXU Gas for the rights
and privileges granted to TXU Gas by the franchise ordinance heretofore duly
passed by the governing body of this Town and duly accepted by TXU Gas is
hereby changed to be four percent (4%) of the Gross Revenues, as defined in
Section I .B. below, received by TXU Gas.
Page 1
B. "Gross Revenues" shall mean all revenue derived or received, directly or
indirectly, by the Company from or in connection with the operation of the
System within the corporate limits of the Town and including, without limitation:
(1) all revenues received by the Company from the sale of gas to all classes of
customers within the Town;
(2) all revenues received by the Company from the transportation of gas
through the pipeline system of Company within the Town to customers
located within the Town;
(3) the value of gas transported by Company for Transport Customers through
the System of Company within the Town ("Third Party Sales"), with the
value of such gas to be reported by each Transport Customer to the
Company, provided, however, that should a Transport Customer refuse to
furnish Company its gas purchase price, Company shall estimate same by
utilizing TXU Gas Distribution's monthly industrial Weighted Average
Cost of Gas, as reasonably near the time as the transportation service is
performed; and
(4) "Gross revenues" shall include:
(a) other revenues derived from the following `miscellaneous
charges':
i. charges to connect, disconnect, or reconnect gas within the
Town;
u, charges to handle returned checks from consumers within
the Town;
iii. such other service charges and charges as may, from time
to time, be authorized in the rates and charges on file with
the Town; and
iv_ contributions in aid of construction" ("CIAC");
(b) revenues billed but not ultimately collected or received by the
Company; and,
(c) gross receipts fees.
(5) "Gross revenues" shall not include:
(a) the revenue of any Person including, without limitation, an
Page 2
affiliate, to the extent that such revenue is also included in Gross
Revenues of the Company;
(b) sales taxes; and
(c) any interest income earned by the Company; and
(d) all monies received from the lease or sale of real or personal
property, provided, however, that this exclusion does not apply to
the lease of facilities within the Town's right of way unless the
lessee is also an entity that pays franchise fees to the Town.
C. Calculation and Payment of Franchise Fees Based on CIRC
(1) The franchise fee amounts based on "Contributions in aid of Construction"
("CIAC") shall be calculated on an annual calendar year basis, i.e., from
January 1 through December 31 of each calendar year.
(2) The franchise fee amounts that are due based on CIAC shall be paid at
least once annually on or before April 30 each year based on the total
CIRC recorded during the preceding calendar year.
D. Effect of Other Municipal Franchise Ordinance Fees Accepted and Paid by TXU
Gas
(1) If TXU Gas should at any time after the effective date of this Ordinance
agree to a new municipal franchise ordinance, or renew an existing
municipal franchise ordinance, with another municipality, which
municipal franchise ordinance determines the franchise fee owed to that
municipality for the use of its public rights-of-way in a manner that, if
applied to the Town, would result in a franchise fee greater than the
amount otherwise due Town under this Ordinance, then the franchise fee
to be paid by TXU Gas to Town pursuant to this Ordinance shall be
increased so that the amount due and to be paid is equal to the amount that
would be due and payable to Town were the franchise fee provisions of
that other franchise ordinance applied to Town.
(2) The provisions of this Subsection D apply only to the amount of the
franchise fee to be paid and do not apply to other franchise fee payment
provisions, including without limitation the timing of such payments.
E. TXU Gas Franchise Fee Recovery Tariff
(1) TXU Gas may file with the Town a tariff amendment(s) to provide for the
recovery of the franchise fees under this amendment.
Page 3
(2) Town agrees that (i) as regulatory authority, it will adopt and approve the
ordinance, rates or tariff which provide for 100% recovery of such
franchise fees as part of TXU Gas'rates; (ii) if the Town intervenes in any
regulatory proceeding before a federal or state agency in which the
recovery of TXU Gas' franchise fees is an issue, the Town will take an
affirmative position supporting 100% recovery of such franchise fees by
TXU Gas and; (iii) in the event of an appeal of any such regulatory
proceeding in which the Town has intervened, the Town will take an
affirmative position in any such appeals in support of the 100% recovery
of such franchise fees by TXU Gas.
(3) Town 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
TXU Gas.
F. Lease of Facilities Within Town's Rights -of -Way. TXU Gas shall have the right
to lease, license or otherwise grant to a party other than TXU Gas the use of its
facilities within the Town's public rights-of-way provided: (i) TXU Gas first
notifies the Town of the name of the lessee, licensee or user; the type of service(s)
intended to be provided through the facilities; and the name and telephone number
of a contact person associated with such lessee, licensee or user and (ii) TXU Gas
makes the franchise fee payment due on the revenues from such lease pursuant to
Sections I.A. and T.B. of this Ordinance. This authority to Lease Facilities Within
Town's Rights -of -Way shall not affect any such Iessee, licensee or user's
obligation, if any, to pay franchise fees.
G. In all respects, except as specifically and expressly amended by this ordinance,
the existing effective franchise ordinance heretofore duly passed by the governing
body of the Town and duly accepted by Oncor shall remain in full force and effect
according to its terms until said franchise ordinance terminates as provided
therein.
SECTION 2
CUMULATIVE REPEALER
This Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the
provisions of such Ordinances except for those instances where there are direct conflicts with the
provisions of this Ordinance. Ordinances or parts thereof in force at the time this Ordinance shall
take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that
they are inconsistent with this Ordinance
SECTION 3
SAVINGS
Page 4
All rights and remedies of the Town of Trophy Club are expressly saved as to any and all
violations of the provisions of any Ordinances affecting existing franchise agreements which
have accrued at the time of the effective date of this Ordinance; and, as to such accrued
violations and all pending litigation, both civil and criminal, whether pending in court or not,
under such Ordinances, same shall not be affected by this Ordinance but may be prosecuted until
final disposition by the courts.
SECTION 4
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or
application thereof to any person or circumstance is held invalid or unconstitutional by a Court
of competent jurisdiction, such holding shall not affect the validity of the remaining portions of
this Ordinance, and the Town Council hereby declares it would have passed such remaining
portions of this Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
SECTION 5
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll
this Ordinance by copying the exact Caption and Effective Date in the minutes of the Town
Council and by filing this Ordinance in the ordinance records of the Town.
SECTION 6
EFFECTIVE DATE
That this Ordinance shall be in full force and effect from and after its date of passage, in
accordance with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas
this 191h day of August, 2002.
own of Trophy Club, Texas
ATTEST:
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Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
Town Attorney
Town of Trophy Club, Texas
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