HomeMy WebLinkAboutORD 2002-091 ORDINANCE NO. 2002-91
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GRAPEVINE, TEXAS, AMENDING THE EXISTING
ELECTRIC FRANCHISE BETWEEN THE CITY OF
GRAPEVINE, TEXAS AND ONCOR ELECTRIC
DELIVERY COMPANY TO PROVIDE FOR A
DIFFERENT CONSIDERATION; PROVIDING FOR
ACCEPTANCE BY ONCOR ELECTRIC DELIVERY
COMPANY; PROVIDING FOR A SEVERABILITY
CLAUSE; PROVIDING FOR A REPEALING CLAUSE;
AND PROVIDING AN EFFECTIVE DATE
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 Grapevine, Texas (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 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 ORDAlNED BY THE CITY COUNCIL OF THE CITY
OF GRAPEVINE, TARRANT COUNTY, TEXAS, THAT:
Section 1. The existing electric franchise ordinance between the City of
Grapevine, Texas, and Oncor Electric Delivery Company successor to the transmission
and distribution assets of Texas Utilities Electric Company, Ordinance No. 60-12 as
amended by Ordinance No. 93-33 and Ordinance No. 2001-85, is hereby amended to
read as follows:
Amendment 2002:
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.
��. ..
(a) The franchise fee due pursuant to Section 33.008(b)
of PURA shall be payable in accordance with the
existing electric franchise Ordinance No. 60-12 and
" N Ordinance No. 93-33 and Ordinance No. 2001-85;
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.
(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.
(c) Oncor shall pay franchise payments to the City based
� on the "Discretionary Service Charges" as set forth
herein beginning January 1, 2003.
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°/a 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.
ORD. NO. 2002-91 2
(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.
Section 2. In all respects, except as specifically and expressly amended by
this ordinance, the existing effective franchise ordinance, Ordinance No. 60-12 as
amended by Ordinance No. 93-33 and Ordinance No. 2001-85, 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.
Section 3. 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 `�,�ce►���� , 20 02; Ordinance No.
o?Oo2- q/ amending the current electric franchise between
,, , the City 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
Section 4. Should any word, sentence, paragraph, subdivision, clause, phrase
or section of this ordinance, or the ordinances of the City, as amended hereby, be
adjudged or held to be void or unconstitutional, the same shall not affect the validity of
the remaining portions of said ordinance or the ordinances of the City, as amended
hereby, which shall remain in full force and effect.
Section 5. All ordinances of the City of Grapevine, Tarrant County, Texas, in
conflict with the provisions of this ordinance be, and the same are hereby, repealed;
provided, however that all other provisions of said ordinances not in conflict with the
provisions of this ordinance shall remain in full force and effect.
ORD. NO. 2002-91 3
Section 6. This ordinance shall take effect immediately from and after its
passage and publication in accordance with its provisions of the Charter of the City of
Grapevine, and it is accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS, on this the 3rd day of December, 2002.
APPROVED:
VVilliam D. Tate
Mayor
APPROVED AS TO FORM:
Lin a Huff
City Secretary
ATTEST:
`�---_.. c�--
John F. Boyle, J .
City Attorney
;;�;.,,:
ORD. NO. 2002-91 4