HomeMy WebLinkAboutCity Council Resolutions (R-12-3579)-12/18/2012 RESOLUTION R-12-3579
A RESOLUTION OF THE CITY OF COLLEYVILLE, TEXAS,
CONCERNING THE JUNE 2011 ONCOR SETTLEMENT
RATE CASE ORDINANCE, CITY OF COLLEYVILLE
ORDINANCE 0-11-1797
WHEREAS, Oncor Electric Delivery Company, LLC (Oncor or Company), filed
on or about January 7, 2011, its application to increase rates in
every municipality in the Oncor service area (Oncor's January
2011 Rate Case), with a similar application being filed with the
Public Utility Commission of Texas to apply to the unincorporated
areas in its service area (PUC Docket No. 38929); and
WHEREAS, Oncor's January 2011 Rate Case concerned, in large part, issues
on the proper calculation, collection, and payment of municipal
rights-of-way rental franchise fees; and did not concern any
issues with the tariff and relocation of Oncor facilities to
accommodate municipal/governmental rights-of-way construction
projects, or the payment of the cost of such relocations by Oncor,
did not concern any issues with municipal police powers to
regulate the use of municipal rights-of-way, did not concern any
issues with the Texas common law rule that a utility relocates its
facilities at its cost to accommodate municipal/governmental
rights-of-way construction projects, and did not concern any
issues with municipal rights-of-way management ordinances or
franchise terms requiring that Oncor relocate its facilities at its
cost to accommodate municipal/governmental rights-of-way
construction projects; and
WHEREAS, the City of Colleyville, Texas ("City") is a member of the 160 cities
that comprise the Steering Committee of Cities Served by Oncor
("Steering Committee of Cities") which reviewed Oncor's January
2011 Rate Case and reached a proposed settlement with Oncor
on the proper calculation, collection, and payment of municipal
rights-of-way rental franchise fees; but did not address any of the
rights-of-way, franchise, or relocation issues set forth above; and
WHEREAS, the City did adopt the settlement, via City of Colleyville Ordinance
0-11-1797, and the City did not post, address, discuss or vote on
any issue concerning relocation of Oncor facilities, amendment of
a franchise or any of the other issues set forth above; any public
notice for its City Council agenda that would give the public notice
to indicate that the issue to be discussed and decided was only for
Resolution R-12-3579
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the settlement and not for any of the other issues set out above,
which were not addressed, decided or changed by the City
Council; and
WHEREAS, on or about August 2012, Oncor staff have incorrectly asserted
and claimed with at least one member of the City Steering
Committee that the Oncor-City Steering Committee June 2011
Settlement Ordinance's readopted tariff, in particular, the
unchanged section 5.7.8 on relocation of Oncor facilities, now
requires the member city to pay for relocation cost, and Oncor
incorrectly claims that section 5.7.8 of Oncor's tariff now controls
over any conflicting municipal franchise terms and/or its rights-of-
way management ordinance terms that require Oncor to relocate
its facilities at its cost, to accommodate municipal/governmental
rights-of-way construction projects; and
WHEREAS, the City does not want to allow these incorrect assertions to be
made without addressing the false legal and factual basis of such
assertions.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COLLEYVILLE, TEXAS:
Sec. 1. THAT at the time of the City of Colleyville's adoption of Ordinance
0-11-1797, the City did not recommend, nor did the City have
the intent, nor was there a meeting of the minds of the parties,
that Ordinance 0-11-1797 would control, repeal, amend, or
revise any municipal franchise terms and/or any rights-of-way
management ordinance term that required Oncor to relocate its
facilities at its cost to accommodate municipal/governmental
rights-of-way construction projects.
Sec. 2 THAT as the City's public notice posting of Ordinance 0-11-1797
stated only that the City was "Adopting tariffs that reflect the rate
adjustments consistent with the negotiated settlement", and as
the City did not post any other public notice for its City Council
agenda that would give the public notice to indicate that
Ordinance 0-11-1797, would control, repeal, amend, or revise
any conflicting municipal franchise terms and/or any rights-of-
way management ordinance terms that require Oncor to relocate
Resolution R-12-3579
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its facilities at its cost to accommodate municipal/governmental
rights-of-way construction projects, any such interpretation of
Ordinance 0-11-1797 is without legal or factual basis, and is void.
Sec. 3. THAT the City of Colleyville rejects any assertion of Oncor that
Ordinance 0-11-1797 has control over any conflicting municipal
franchise terms and the City of Colleyville asserts that Oncor is
required to relocate its facilities at Oncor's cost, to accommodate
its rights-of-way management ordinance terms that require Oncor
to relocate its facilities at its cost to accommodate
municipal/governmental rights-of-way construction projects.
Sec. 4 THAT the City shall provide Oncor with a copy of this Resolution.
Sec. 5 THAT this Resolution shall take effect immediately upon its
adoption.
AND IT IS SO RESOLVED.
APPROVED BY A VOTE OF AYES, D NAYS, AND !�
ABSTENTIONS ON THIS THE 18TH DAY OF DECEMBER 2012.
ATTE CITY OF COLLEYVILLE
76n
ynthia Singleton, TR , CMC David Kelly
City Secretary Mayor