The URL can be used to link to this page

Home My WebLink AboutOrdinances (O-93-913)-08/17/19931 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ORDINANCE 0-93-913 AN ORDINANCE AMENDING THE EXISTING FRANCHISE BETWEEN THE CITY AND TEXAS UTILITIES ELECTRIC COMPANY TO PROVIDE FOR A DIFFERENT CONSIDERATION; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ACCEPTANCE BY TEXAS UTILITIES ELECTRIC COMPANY; AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, Texas Utilities Electric Company (hereinafter called "TU Electric") is engaged in the business of providing electric utility service within the 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 and duly accepted by TU Electric; and WHEREAS, TU Electric has, pursuant to said franchise ordinance, been paying to the City a sum equal to three percent (3%) of its gross receipts from the retail sale of electric power and energy within the City for the rights and privileges set forth in said franchise ordinance and in addition thereto, has reimbursed the City for its ratemaking expenses pursuant to Section 24 of the Public Utility Regulatory Act; and WHEREAS, the City and TU Electric desire to amend said 20 ;;franchise ordinance to provide for a different consideration ;~ "to consist of a sum equal to four percent (4%) of its gross 21 i ''"receipts from the retail sale of electric power and energy 22 :!within the City, which different consideration includes, among 23 '` iother things, TU Electric's obligation to reimburse the City :~ 24 !;for its ratemaking and other regulatory expenses to be 25 26 1 2 i~incurred by the City involving the regulation of TU Electric; 3 4 5 6 7 8 9 10 it 12 13 14 15 16 1? 18 19 20 21 22 23 24 25 Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY !OF COLLEYVILLE, TEXAS: SECTION 1. The consideration payable by TU Electric for ;the rights and privileges granted to TU Electric by the I ~Ifranchise ordinance heretofore duly passed by the governing body of this City and duly accepted by TU Electric is hereby changed to be four percent (4~) of its gross receipts from the retail sale of electric power and energy within the corporate limits of the City, said changed percentage to be applied to gross receipts beginning on June 1, 1993, and being payable as specified in said franchise ordinance and based upon the same 'time periods as specified in said franchise ordinance and .being payment for the said rights and privileges during the period specified in said franchise ordinance, said payment (being lieu of and shall be accepted as payment for all of TU Electric's obligations to pay municipal charges, fees, .rentals, pole rentals, wire taxes, inspection fees, easement taxes, franchise taxes, certain regulatory expenses under Section 24 of the Public Utility Regulatory Act or any similar !or successor law or other charges and taxes of every kind, !except ad valorem taxes, sales and use taxes, and special taxes and assessments for public improvements. SECTION 2. TU Electric shall make a one-time payment 26 ~! 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 thereunder for the purpose of making the changed consideration as specified in Section 1 hereof effective on June 1, 1993, t without altering the payment dates specified in said franchise ordinance heretofore duly passed by the governing body of this City and duly accepted by TU Electric, said one-time payment being due and payable thirty (30) days after TU Electric's acceptance of this ordinance as provided in Section 6 hereof, and being a sum calculated as follows: (a) TU Electric shall determine the monthly average of its gross receipts from the retail sale of electric power and energy within the City during the period upon which the most recent franchise payment to the City prior to June 1, 1993, was based; (b) the said monthly average of its said gross receipts shall be multiplied by 1$ (0.01); and (c) the product so calculated shall be '..,multiplied by the number of whole months from June 1, 1993, ~~through the last day of the last month for the period for which the most recent franchise payment made to the City prior to June 1, 1993, was made. SECTION 3. Notwithstanding anything to the contrary in Section 1, hereof, if TU Electric files general rate cases and the City incurs cumulative expenses, otherwise reimbursable by TU Electric under Section 24 of the Public Utility Regulatory Act or similar or successor law, in excess of $4 million, then in such event, TU electric shall reimburse all of the expenses incurred by the City in connection with all general rate cases filed during the period ended fifteen (15) years from the i ~; 1 ~~.effective date hereof in excess of $4 million. The term 2 ~I j"general rate case" as used in this Section means a rate case 3 i~ 'initiated by TU Electric in which it seeks to increase its 4 ';rates char ed to a substantial number of its customer classes g 5 ~'in the City and elsewhere in its system and in which TU i g .Electric's overall revenues are determined in setting such (rates. City agrees to exercise reasonable best efforts, 7 ~Iconsidering the facts and circumstances, to keep its expenses 8 j ion average to under $1,000,000 per general rate case. 9 I 10 SECTION 4. Notwithstanding the provisions of Section 1 11 ~ thereof, TU Electric will continue to reimburse the City's 12 ~ ratemaking expenses, if any, in connection with the appeal and ii 13 ~ any remand of Public Utility Commission Docket No. 9300 that mare otherwise reimbursable under Section 24 of the Public 14 ~~ ,Utility Regulatory Act, and will continue to reimburse the 15 ~~ ";City's ratemaking expenses, if any, in connection with the 16 9 Public Utility Commission of Texas Docket No. 11735 that are 17 ilOtherwlse reimbursable under Section 24 of the Public Utility 18 ~~ Regulatory Act to the extent that said ratemaking expenses are lg ;incurred through the entry of the last action by the Public ,( 20 ~ Utility Commission of Texas (i.e. , the said Commission's order ~~ ~~overruling the last motion for rehearing) in said Docket 21 ''11735; the City hereby agrees that any ratemaking expenses 22 ;incurred in connection with said Docket 11735 that the City `: 23 :.:incurs on appeal of said order will be the City's sole 24 responsibility and further agrees - - in the events that the 25 26 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ;City is a participant in the joint intervention of cities managed by the Steering Committee of TU Electric Service Area Cities intervening in Docket No. 11735, that the City decides to continue to participate with the Steering Committee in such appeal of said order, and TU Electric is required to reimburse 'I said Steering Committee for ratemaking expenses under Section I24 of the Public Utility Regulatory Act that are incurred on I appeal of said order in Docket No. 11735 - - to reimburse TU (Electric the City's share of reimbursable expenses related to said appeal and owed by TU Electric to said Steering Committee determined by the methodology chosen by the said Steering 'Committee (the City to notify TU Electric of the method so ~ chosen by the Steering Committee prior to the submission of an Ilinvoice by the Steering Committee for the payment by TU ~~Electric of said reimbursable expenses related to said appeal). SECTION 5. In all respects, except as specifically and expressly amended by this ordinance, the said franchise ordinance heretofore duly passed by the governing body of this City and duly accepted by TU Electric shall remain in full force and effect according to its terms until said franchise ordinance terminates as provided therein. SECTION 6. This ordinance shall take effect from and after ;;its final passage and TU Electric's acceptance. TU Electric j~shall, within fifteen (15) days from the passage of this 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ordinance, file its written acceptance of this ordinance with the Office of the City Secretary in substantially the same form To the Honorable Mayor and City Council: Texas Utilities Electric Company (TU Electric), acting by and through the undersigned authorized officer, hereby accepts, on this the 24th day of August 1993, Ordinance 0-93-913 amending the current franchise between the City and TU Electric. Further, in recognition of the fact that the current franchise between the City and TU Electric terminates prior to the expiration of fifteen (15) years from the effective date of said amendment, TU Electric hereby agrees to negotiate in good faith with the City for a new franchise to be effective on or before the termination of the current franchise and to include in said new franchise a provision that will give the City the full benefit of the fifteen (15) year provided for in Section 3 of said amendment. TEXAS UTILITIES ELECTRIC COMPANY BY: 1 Senio e President SECTION 7. 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. 20 ~ ~ AND SO IT IS ORDERED . 21 22 23 24 25 26 The f~st reading and p b is hearing being conducted on the day of , 1993. 'The s~¢ond reading and u lic hearing being conducted on the ~ fk ,~, day of ~ , 1993. ;The a/rd reading and ublic hearing being conducted on the I ~ day of ~ , 1993. f 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ATTEST: Jean rris, CMC City ecretary APPR AS TO FORM AND LEGALITY Ross T. Foster City Attorney 25 i '; 9~ 26 CITY OF COLLEYVILLE r----- ichard Newton ~~~ ® sri ~~ ~r_ August 24, 1993 TUELECTRI C Terry R. Griffin Sr. Vice President TO THE MAYOR AND CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: The undersigned hereby accepts the terms of that certain franchise passed and adopted by the City Council of the City of Colleyville, Texas, by ordinance duly approved by the Mayor and attested by the City Secretary on August 17, 1993, same being, "AN ORDINANCE AMENDING THE EXISTING FRANCHISE BETWEEN THE CITY AND TEXAS UTILITIES ELECTRIC COMPANY TO PROVIDE FOR A DIFFERENT CONSIDERATION; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ACCEPTANCE BY TEXAS UTILITIES ELECTRIC COMPANY; AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW." IN TESTIMONY WHEREOF, witness the corporate signature of Texas Utilities Electric Company by its duly authorized officer, this the 24th day of August, 1993. TEXAS UTILITIES ELECTRIC COMPANY Terry R. riffin Sr. Vice resident Original ~eptance of franchise, of which the foregoing is a true copy, was filed in my office on the ~= day of 6 t,( 1993, at ~ o'clock .~ .m. Ci Secretary City of Colleyville, Texas (CITY SEAL) 1506 Commerce Street Dallas, Texas 75201 (214) 698-3650