HomeMy WebLinkAboutORD 2013-47 - PEC FranchiseORDINANCE NUMBER c } (1 A 9 1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS AMENDING SECTION 14.20.090 OF
THE CODE OF ORDINANCES OF THE CITY OF
GEORGETOWN, TEXAS, RELATING TO THE FRANCHISE BY
AND BETWEEN THE CITY OF GEORGETOWN ("CITY") AND
THE PEDERNALES ELECTRIC COOPERATIVE, INC. FOR THE
PROVISION OF ELECTRICAL SERVICE WITHIN A PORTION
OF THE CITY, AND PROVIDING THAT THE CITY SHALL
RECEIVE A QUARTERLY FRANCHISE FEE FOR SUCH USE
IN AN AMOUNT EQUAL TO FOUR PERCENT OF THE GROSS
RECEIPTS; REPEALING CONFLICTING ORDINANCES AND
RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Georgetown entered into a franchise with the Pedernales Electric
Cooperative, Inc. ("PEC") pursuant to Ordinance No. 2008-69; and
WHEREAS, the City of Georgetown desires to amend the franchise agreement as it relates to
the quarterly franchise fee, and the City of Georgetown and PEC herein agree to the following
under the laws, rules, and regulations of the State of Texas and City of Georgetown.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF GEORGETOWN, TEXAS, THAT:
SECTION 1. The meeting at which this ordinance was approved was in all things conducted in
compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551.
SECTION 2. The facts and recitations contained in the preamble of this Ordinance are hereby
found and declared to be true and correct, and are incorporated by reference herein and expressly
made a part hereof, as if copied verbatim.
SECTION 3. Section 14.20.090 of the Code of Ordinances of the City of Georgetown, Texas is
Ordinance Number:�b j_g — q -7 Page 1 of 3
Description: PEC Franchise Rate Change
Date Approved: ()r-4 . D 2013
hereby amended as follows:
Sec. 14.20.090. - Cash considerations.
From and after the effective date of this Chapter, PEC shall pay to the City for its supervision of
their agreement, and for the use of its streets, alleys, sidewalks, rights-of-way, and other public
places during the term of this agreement an amount equal to IWO foLlr percent of the gross
receipts for the preceding year received by PEC for electric utility services within the corporate
limits of the City as it now exists or as it may be later changed by annexation or deannexation
ordinance. Provided, that if PEC at any time pays a higher percentage of its gross receipts as a
fee to any other governmental entity under a franchise agreement, then PEC shall be obligated to
pay that same percentage to the City under this franchise agreement. This amount shall constitute
compensation to the City for the expense incurred and for services rendered by the City in
exercising its police power of regulation and supervision over the construction and location of
PEC's poles, wires, conduits, equipment and other facilities in the streets, alleys, rights-of-way
and public grounds of the City and shall be due and payable in quarterly installments on January
31, April 30, July 31 and October 31 of each year for the preceding calendar quarter or any part
thereof. PEC shall furnish annually by March 31 st of each year a verified statement under oath of
all the gross receipts of the PEC from the rendition of electric utility service within the corporate
limits of the City for the prior calendar year. This statement shall be addressed to:
City of Georgetown
Chief Financial Officer
113 East 8th Street
Georgetown, TX 78626
SECTION 4. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict
with this Ordinance are hereby repealed and are no longer of any force and effect.
SECTION 5. If any provision, section, subsection, sentence, clause or phrase of this ordinance is
for any reason held to be unconstitutional, void or invalid (or for any reason unenforceable), the
validity of the remaining portions of this ordinance shall not be affected thereby, it being the
intent of the parties in adopting this Franchise that no provision hereof shall be inoperative or fail
by reason of any unconstitutionality or invalidity of any other portion, provision, or regulation,
and to that end, all provisions of this ordinance are declared to be severable.
SECTION 6. The Mayor is hereby authorized to sign this ordinance and the City Secretary to
Ordinance Number: Ql 3 -14 1 Page 2 of 3
Description: PEC Franchise Rate Change
Date Approved: _ C • ? X 2013
attest. This ordinance shall become effective and be in full force and effect thirty days after its
final passage and in accordance with the provisions of Section 8.03 of the Charter of the City of
Georgetown.
PASSED AND APPROVED on the Is` reading at a regular meeting of the City Council of
Georgetown, Texas, on this the __a_ day of OC4,,6A,,— , 2013..
PASSED AND APPROVED on the 2nd and final reading at a regular meeting of the City
Council of Georgetown, Texas, on this the Qc� day of QC-�o 2013.
ATTEST:
APPROVED AS TO FORM:
ridget Cha an,i y Attorney
THE CITY OF GEORGETOWN
By:
George darrver, Mayor
Ordinance Number: Page 3 of 3
Description: PEC Franchise Rate Change
Date Approved: 2013