HomeMy WebLinkAboutOrdinances (O-03-1400)-04/15/2003
ORDINANCE 0-03-1400
AN ORDINANCE AMENDING THE EXISTING ELECTRIC FRANCHISE BETWEEN
THE CITY OF COLLEYVILLE AND ONCOR ELECTRIC DELIVERY COMPANY, TO
PROVIDE FOR A DIFFERENT CONSIDERATION; PROVIDING AN EFFECTIVE
DATE; PROVIDING FOR ACCEPTANCE BY ONCOR ELECTRIC DELIVERY
COMPANY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS
ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW
WHEREAS, Oncor Electric Delivery Company, successor in interest to TXU Electric
Company (hereinafter called "Oncor") is engaged in the business of
providing electric utility service within the City of Colleyville (hereinafter
called "City") and is using the public streets, alleys, grounds and rights-of-
ways within the City for that purpose under the terms of a franchise
ordinance heretofore duly passed by the governing body of the City of
Colleyville and duly accepted by Oncor; and
WHEREAS, the City and Oncor desire to amend said franchise ordinance to provide
for a different consideration.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT the existing electric franchise ordinance between the City of
Colleyville and Oncor Electric Delivery Company is amended as follows:
A. Effective January 1, 2002, the franchise fee due from Oncor shall
be a sum comprised of the following:
(1) a charge, as authorized by Section 33.008(b) of PURA,
based on each kilowatt hour of electricity delivered by Oncor
to each retail customer whose consuming facility's point of
delivery is located within the City's municipal boundaries and
as specified by Oncor to the City by letter dated January 21,
2002, hereby attached as Exhibit "A".
(a) The franchise fee due pursuant to Section 33.008(b)
of PURA shall be payable in accordance with the
existing electric franchise; and
(2) a sum equal to four percent (4%) of gross revenues received
by Oncor 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.
Ordinance 0-03-1400
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(a) The franchise fee amounts based on
"Discretionary Service Charges" shall be
calculated on an annual calendar year basis,
i.e., from January 1 through December 31 of
each calendar year.
(b) The franchise fee 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.
B. Oncor Franchise Fee Recovery Tariff
(1) Oncor may file a tariff amendment(s) to provide for the
recovery of the franchise fee on Discretionary Service
Charges.
(2) 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 Oncor and; (iii) in the event of an
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 Oncor.
(3) 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 Oncor.
Sec. 2.
Sec. 3.
Sec. 4.
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THAT 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 City and duly accepted by Oncor
shall remain in full force and effect according to its terms until said
franchise ordinance terminates as provided therein.
THAT this ordinance shall take effect upon its final passage and Oncor's
acceptance. Oncor shall, within thirty (30) days from the passage of this
ordinance, file its written acceptance of this ordinance with the Office of
the City Secretary in substantially the following form:
To the Honorable Mayor and City Council:
Oncor Electric Delivery Company, acting by and through the undersigned
authorized officer, hereby accepts in all respects, on this the day of
,20_, Ordinance No. amending
the current electric franchise between the City of Colleyville and Oncor
and the same shall constitute and be a binding contractual obligation of
Oncor and the City.
Oncor Electric Delivery Company
By
Vice President
THAT it is hereby officially found and determined that the meeting at which
this Ordinance is passed is open to the public as required by law and that
public notice of the time, place and purpose of said meeting was given as
required.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the
2003.
day of
The second reading and public hearing being conducted on the
2003.
day of
TABLED APRIL 15, 2003
ATTEST:
I
Cynthia Singleton, TRMC
City Secretary
APPROVED AS TO FORM AND LEGALITY:
Ross 1. Foster
City Attorney
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CITY OF COLLEYVILLE
/
Donna Arp
Mayor