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 /\ •