HomeMy WebLinkAboutORD 2002-70 - Electric Franchise ONCORORDINANCE i 400c2w7j
AN ORDINANCE AMENDING THE EXISTING ELECTRIC
FRANCHISE BETWEEN THE CITY OF GEORGETOWN
AND ONCOR ELECTRIC DELIVERY COMPANY, TO
PROVIDE FOR A DIFFERENT CONSIDERATION;
PROVIDING AN EFFECTIVE DATE; PROVIDING FOR
ACCEPTANCE BY ONCOR ELECTRIC DELIVERY
COMPANY; FINDING AND DETERMINING THAT THE
MEETING AT WHICH THIS ORDINANCE IS PASSED IS
OPEN TO THE PUBLIC AS REQUIRED BY LAW.
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 Georgetown 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 ORDAINED BY THE CITY COUNCIL OF THE CITY
OF GEORGETOWN, TEXAS: that
SECTION l: The existing electric franchise ordinance between the City and Oncor
Electric Delivery Company is amended as follows:
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; 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 DDl 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.
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% 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.
(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 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
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i� f
20 o 2, Ordinance No. o 00d,w70 amending the
current electric franchise between the City of Georgetown and Oncor and the
same shall constitute and be a binding contractual obligation of Oncor and the
City.
Oncor Electric Delivery Company
a
Vice President
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.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS , this the day of 4j*Mj , 2402, at which meeting a
quorum was present and voting.
ATTEST
Sandra Lee,
City
AS TO FORM:
E. Carls, City Attorney
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