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<br />Franchise Area means the area within the boundaries of the City as of the
<br />Effective Date and as same may change from time to time during the term of the
<br />Franchise.
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<br />Initial Franchise Period shall have the meaning set forth in Section 11, below.
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<br />Other Services means any service, exclusive of the transmission and distribution
<br />of electricity, provided or allowed to be provided through the use or license of the
<br />System for a fee, including but not limited to BPL.
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<br />Person means any individual, firm, partnership, association, corporation,
<br />company or organization of any kind.
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<br />Prior Franchise has the meaning set forth in the first Whereas clause, above.
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<br />Public Rights-of-Way means the areas in, under, upon, over, across, and along
<br />any and all of the present and future Streets or streams now or hereafter owned or
<br />controlled by City.
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<br />Public Works Improvement Projects has the meaning set forth in Section 5,
<br />below.
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<br />PUC means the Public Utility Commission of Texas or its successor agency with
<br />equivalent jurisdiction.
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<br />Retail Customer means any Person taking delivery of electricity from Company,
<br />at a point of delivery within the Franchise Area.
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<br />Street means the surface and the space above and below any public street, road,
<br />highway, alley, bridge, sidewalk, or other public place or way.
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<br />System means the Company's facilities erected, constructed, maintained,
<br />operated, used, extended, removed, replaced, and repaired, as necessary, by Company
<br />pursuant to this Franchise, including without limitation, all poles, pole lines, towers,
<br />transmission lines, wires, guys, conduits, cables, and other desirable instrumentalities
<br />and appurtenances (including telegraph and telephone poles and wires for use of
<br />Company), necessary and proper for the purpose of transmitting and distributing
<br />electricity to the City and the inhabitants of said City or other Persons, for any purpose
<br />for which electricity may be used.
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<br />Section 3. Subject to the terms, conditions and provisions of this Franchise, City
<br />hereby grants to Company the right, privilege and franchise to use City's Public Rights-
<br />of-Way to construct, maintain, operate and use Company's System to conduct within
<br />the City an electric delivery business and the right to use, license, or exploit the System
<br />within the Public Rights-of-Way for Other Services. This Franchise does not restrict
<br />City's right to impose reasonable fees upon third parties for the use of the Public Rights-
<br />of-Way to provide Other Services, including the right to impose fees upon providers of
<br />BPL service, so long as such fees are assessed on a non-discriminatory basis with
<br />those charged to other companies providing services competitive with the Other
<br />Services.
<br />HOD03:1055752.7
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