HomeMy WebLinkAboutORD 2010-20 - Charges to Utilities, City Street UseORDINANCE •';
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WHEREAS, the City desires to implement a charge pursuant to Section 182.025
of the Tax Code as to certain companies that are using the City's streets without a
franchise agreement;
WHEREAS, ONCOR has electrical lines in a portion of the City and presently no
longer has an active franchise agreement; and
WHEREAS, ONCOR has been paying a charge as required by Section 33.008(b)
of the Utilities Code based on each kilowatt hour of electricity; and
WHEREAS, Oncor continues to pay 4% of discretionary charges as stipulated as
a result of the 2002 rate case determination;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF GEORGETOWN, TEXAS, THAT:
Section 1. 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 2. Section 14.16.081 is herein added to the Code of Ordinances as
follows:
Sec. 14.16.081. For companies that are using the city's streets for electrical
lines based on Section 37.101 of the Utility Code or any other State law without having
a franchise fee agreement, the City herein assesses them the maximum fee allowed by
law which includes Section 33.008 of the Utility Code. The company shall have no
more rights than are granted in accordance with State law. The compensation the City
shall collect from each electric utility, transmission or distribution utility providing
distribution service shall be equal to at least the charge per kilowatt hour determined for
1998 multiplied times the number of kilowatt hours delivered within the City's
boundaries. The monies shall be paid on an annual basis.
Section 3. The City Manager or his designee is herein authorized to continue to
negotiate a new franchise fee agreement with ONCOR subject to Council approval.
Section 4. The Mayor is hereby authorized to sign this ordinance and the City
Secretary to attest. This Ordinance shall become effective and be in full force and
effect ten (10) days on and after publication in accordance with the provisions of the
Charter of the City of Georgetown.
PASSED AND APPROVED on First Reading. day010.
PASSED AND APPROVED on Second Reading o .- . 2010.
ATTEST:
- •. .. City Secretary
APPROVED AS TO FORM:
Mark Sokolow, City Attorney
THE CITY OF GEORGETOWN