Loading...
HomeMy WebLinkAboutORD 2007-008 ORDINANCE NO. 2007-08 AN ORDINANCE AMENDING EXISTING FRANCHISE ORDINANCE BETWEEN THE CITY OF GRAPEVINE AND TXU ELECTRIC DELIVERY COMPANY, A TEXAS CORPORATION, ITS SUCCESSORS AND ASSIGNS, TO PROVIDE FOR A DIFFERENT PAYMENT SCHEDULE; PROVIDING AN EXTENSION OF THE FRANCHISE TERM; PROVIDING FOR TXU ELECTRIC DELIVERY ACCEPTANCE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW AND PROVIDING AN EFFECTIVE DATE WHEREAS, TXU Electric Delivery Company, successor in interest to Oncor Electric Delivery Company (hereinafter called "Company") is engaged in the business of providing electric utility service within the City of Grapevine, Texas (hereinafter called "City") and is using the public 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 Company; and WHEREAS, pursuant to Agreement to Resolve Outstanding Franchise Issues dated January 27, 2006, the City has requested and Company has agreed to amend said franchise ordinance to provide for a different payment schedule and an extension of the term. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. The franchise, as amended, between the City and Company is amended as follows: A. A final annual payment was made on or before April 15, 2006, based on each kilowatt hour of electricity delivered by Company during the twelve- month period ending December 31, 2005, to each retail customer whose consuming facility's point of delivery is located within the City's municipal boundaries. This payment was for the rights and privileges granted under the franchise for the twelve-month period January 1, 2006 — December 31, 2006. Effective July 15, 2006 the annual prospective payment schedule is hereby changed to a quarterly prospective schedule as follows: Payment Due Date Basis Period Privilege Period (Following Year) July 15 Jan. 1 — Mar. 31 Jan. 1 — Mar. 31 October 15 Apr. 1 — June 30 Apr. 1 — June 30 January 15 July 1 — Sept. 30 July 1 — Sept. 30 April 15 Oct. 1 — Dec. 31 Oct. 1 — Dec. 31 The first quarterly payment will be due and payable on or before July 15, 2006, based on the period beginning January 1, 2006 and ending March 31, 2006 for the rights and privileges granted under the franchise during the period beginning January 1, 2007 and ending March 31, 2007. If this franchise is not effective prior to the first quarterly payment date, Company will pay any quarterly payments due within 30 days of the effective date of this franchise. Subsequent payments will be made on a quarterly basis as provided in the above schedule. The final payment under this Franchise will be made on or before January 15, 2015, based on the period beginning July 1, 2014 and ending September 30, 2014, for the rights and privileges beginning July 1, 2015 and ending September 30, 2015. After the final payment date of January 15, 2015, Company may continue to make additional quarterly payments in accordance with the above schedule. City acknowledges that such continued payments will correspond to privilege periods that extend beyond the term of this franchise and that such continued payments will be recognized in any subsequent franchise agreement as full payment for the relevant quarterly periods; and B. The term of the franchise is hereby extended for an additional five years to expire on September 30, 2015. Section 2. In all respects, except as specifically and expressly amended by this ordinance, the franchise heretofore duly passed by the governing body of the City and duly accepted by Company shall remain in full force and effect according to its terms until said franchise ordinance terminates as provided herein. Section 3. This ordinance shall take effect upon its final passage and Company's acceptance. Company shall, within sixty (60) days from the passage of this ordinance, file its written acceptance of this ordinance with the Office of the City Secretary. Section 4. 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. ORD. NO. 2007-08 2 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, on first reading on this the 6th day of March, 2007. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, on second and final reading on this the 17th day of April , 2007. APPROVED: William D. Tate Mayor ATTEST: Xj/f4dill, 4-0/Linda Huff City Secretary APPROVED AS TO FORM: John F. Boyle, Jr. City Attorney ORD. NO. 2007-08 3 TXU Electric Delivery TO THE MAYOR AND CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: TXU Electric Delivery Company, acting by and through the undersigned authorized officer, hereby accepts in all respects, Ordinance No. 2007-08 amending the current electric franchise between the City and TXU Electric Delivery. "AN ORDINANCE AMENDING EXISTING FRANCHISE ORDINANCE BETWEEN THE CITY OF GRAPEVINE AND TXU ELECTRIC DELIVERY COMPANY, A TEXAS CORPORATION, ITS SUCCESSORS AND ASSIGNS, TO PROVIDE FOR A DIFFERENT PAYMENT SCHEDULE; PROVIDING AN EXTENSION OF THE FRANCHISE TERM; PROVIDING FOR TXU ELECTRIC DELIVERY ACCEPTANCE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW AND PROVIDING AN EFFECTIVE DATE." IN TESTIMONY WHEREOF, witness the corpor a signatur of TXU Electric Delivery Company by its duly authorized officer, this the 14 ay of 2007. TXU ELECTRIC DELIVERY COMPANY ;214/eA01 Vice President Original acceptance of this fr4chise amendment, of which the foregoing is a true copy, was filed in my office on the, -,"'day of /♦ _' 2007. �Ot - ; ti 0,16t:rzej lity 4 City Secretary W /\ •