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HomeMy WebLinkAbout2001-4051Lli LEGAL NOTICES LEGAL NOTICES LEGAL NOTICES LEGAL. NOTICES LEGAL NOTICES LEGAL NOTICES LEGAL jNVT1GC, obhga ed and superseded by Ordi- conferred to Grantee. The be based on the kilowatt hour proximity to existilg City fa- Act of Texas, as amended. sions of The Charter of The ber, voting aye. Cornpe nance No. 2000.041 and fur- City Manager shall have the charge in accordance with cilities including w<ier, sani- City of Denton, Texas, and af- TXU ther amended and supersed- authority to make and pub- Section 5(a) hereof and Sec- tary sewer, storn drains, SECTION 10: CITYS RIGHT ter Grantee deposits its sure- Jane Fulton, Council Mem- City, ed by Ordinance No. 2001-406, lish, after written notice to tion 26-242 of the City Code. street lights, traffic signals TO PURCHASE OR CON- ty bond or provides satisfac- ber, voting aye. other i amending the City of Denton those affected and after a The third payment shall be and other electri( conduit. DEMN, tory evidence of self insur- tri( Cc Code of Ordinances to pro- hearing, such rules and regu- due and payable or h before Grantee shall provide the ini- ante with the City Finance Mike Phillips, Council Mem- as'rXl vide uniform regulations to lotions as are necessary to August 15, 2002, for three- tiai work plans and drawings In accordance with Section a Director, as required or Sec- ber, voting aye. and T: govern the use and occupan- carry out the duties and pow- month period ended June 30, for the proposed construc- above this Franchise shall be tion 6 (U, and it is according- doing cy of Public Rights -of -Way ers conferred upon the City, 2002. Subsequent payments tion. In addition, Grantee subjectto all valid provisions ly SO ORDAINED. The iseEf- Raymond Redmon, Council iris, d and other City property by acting by and through itscity shall be due and payable shall assess and report on the of The Charter of the City of fective Date of The Franchise Member, voting aye. wr tte Grantees of Electric Utility Manager, by the Public Utili- quarterly thereafter on or be- impact of its proposed con- Denton and all other applica- granted hereunder is Novem- City Service s The City, such pro- ty Regulatory Act, as amend- fore the fifteenth day of the struction on the City environ- ble laws, including without ber 15, 2001, and the Fran- The above and foregoing or- Dento visions being codified as Sec- ed, and otherwise. second month following the ment. Such plans and reports limitation, those provisions chse shall he E force and to dinance read, adopted on tions 26.240, et seq., City end of thefhree-month period may be reviewed by the City of Article XII1, "Franchises" feet from The Effective 11. third reading and passed he DATE code, and including the re- (c)It shall be the right and upon which said payment is to ensure that, among other of the Charter, that provide through November 75, 2011. 16ihhe fday oftOctoberng 520015 at -- quirement that such Grant- duty of The City Manager and based. Grantee shall furnish items 1) aesthetic and good the conditions under which ees obtain a franchise from the governing body of the to City at the time each pay- planning principles have the City may purchase the SECTION 15: OPEN MEET Counlcil, session of the City TXU City for such use and oc- City at all times to keep fully mentof franchisefee is made been given due consider- property of Grantee. ING. doing cupancy; and informed as to all matters in to City hereunder, a suffi- ation, 2) adverse impact on VERNING It connection with, or affecting ciently detailed financial the environment has been SECTION 11: GOhereby officially found Euline Brock, Mayor, ab- By: WHEREAS, Sections 26-240, the construction, reconstruc- statement showing how The minimized,and3) thatall ap- LAW AND VENUE. and determined that The stained from voting. tet oTX,o Ethe lectric, ply tion, maintenance, opera- aross rived t and the was plicable laws including build- meetings at which this ordi- p-•TE to TXU Electric, and its pro- tion, and repair of Grantee's arrived at and how The ing and zoning codes and air (a)This Franchise shall be nance was passed were open Mark Burroughs, Council vision of Electric Utility Ser- facilities located within amount paid to the City was and water pollution regula- governed by and construed in to the public as required by Member, absent. vice in the City, except to the City's Public Rights -of -Way determined, for such quar- tions are complied with. accordance with The laws of law, and that public notice of extent that those provisions and other City property as ter. After Grantee imple- Changes requested by the the State of Texas and the The Time, place and purpose Ronl Beasley, Council Mem- are changed by this Fran- well as its accounting meth- ments customer choice, the City shall be incorporated in- City Charter of the City of of said meetings waS given as her, voting aye. . A,-Cl chise, and require TXU Elec- otls and procedures in can- information provided to the Within twelve months of the to Grantee's construction. Denton, Texas. required by law. Perry McNeill, Council Mem- O^fic The tric to obtain a franchise nection therewith, the con- City shall indicate the num- (b)Venue respecting any dis- ber, voting aye. this T from the City; NOW, duct of the Grantees' busi- ber of kilowatt hours of elec- Adoption Date of this Fran- (b THEREFORE ness in the City, and the Elec- tricity delivered by the this, Grantee shall use its pute arising hereunder shall EULINE BROCK, MAYOR Jane Fulton, Council Mem- tric Utility Service being pro- Grantee in the City. best efforts to comply with exclusively lie in Denton ber, voting aye. THE COUNCIL OF THE vided by Grantee in the City - 26-247(a) of the City Code. County, Texas. JENNIFER WALTERS R/— CITY OF DENTON HERE- to the extent reasonably nec- (c) If Grantee has not already Grantee may be given up to Jenn BY ORDAINS: essary to administer this done so within ninety (90) an additional twelve months (c)For purposes of construc- CITY SECRETARY Mike Phillips, Council Mem- City franchise and to exercise its days after the Acceptance to comply with this section if tion, this Franchise shall be ber, voting aye. CRC SECTION I:DEFINITIONS. regulatory authority over Date of this Franchise, Ftcan demonstrate to the City construed as having been ne- BY Raymond Redmon, Council Grantee shall provide infor- GranTee. through its City Manager gotiated at arm's length an AL Member, voting aye. As used in this ordinance, mation to the City: that due to cost, technical dif- drafted by the combined ef- APPROVED AS TO LEG capitalized terms shall have SECTION 4: RECORDS, ficulties between orincompatibility mpasb'and and of the respecty tive Gerantee FORM: L. PROUTY, STATE OF TEXAS the defined meanings set REPORTS, AND INSPEC- n(J)documentingmbof kilowatt the Total Grantee's GIS systems it counsel. CITY ATTORNEY forth in Ordinance No. TIONS. number it kilowatt hours of COUNTY OF DENTON 2o01-406, codified as Sections electricity delivered by needs more timeto protlucea 26-240, et seq., City of Denton (a)The Grantee shall main- Grantee in calendar year current rnapof itsfacilitiesin SECTION 121NDEMNIFI- BY I, Jennifer Walters Codeof Ordinances, andsuch tain its books and records as 1998 to all of Grantee's retail a digital format compatible CATION. definitions are hereby adopt- prescribed in Section 26-249, customers whose consuming with the City's Geographic The CITY of Denton, Texas, City Secretary of ed as is set forth fully herein City Code. facilities' points of delivery information System ("GIS"). Grantee shall defend, a and acting herein uted authorities, its duly con- The as, of Denton with the following exceptions were loaTedwithinthe City's [26.2471 nary and save whole and declarestheforeg foregoing certify t athereby the only: The term "Gross Reve- (b)Grantee, at Grantee's boundaries; and harmless the City and all of declares the foregoing on first reading certify that Ttrue and he above and nues" shall include all reve sole cost and expense and ill SECTION 7: FRANCHISE its g AND OTHER VIOLATIONS. emplfoyees ands attorneys, on The loth nts, nance day of September, rect copy oing lof the Franchise 1, nues which are found by a fi- on request by als, a City, will Gross Revenues Grantee's against any and ail claims, 2001; and passed on second Agreement Ordinance he- nal judgment of a Court or promptly provide copies of fi- Gross Revenues in calendar through a final settlement of nancial and operating re- year 1996 derived from the Upon evidence being re- lawsuits, judgments, costs reading The2ndday e on Tween The tric C Denton and the parties in the litigation ports filed with the Public provision of Electric Utility ceivedbythegoverning body and expenses for personal in- tober, 2001; and passed on TXU Electric Company dc- sTyled City of Denton, Texas, Utility Commission of Texas, Service within the City's of the City that a violation of jury (including death), prop- third reading on the 16th day ing business as TXU Elec- st le City TXU Electric Com- the Federal Energy Regufa- boundaries. this Franchise Ordinance, or erty damage or other harm of October, 2001; and being fi- tric. The same is now record - et al. vs. Tl. currently pending Tory Commission, and the Se- a city Charter provision, or for which recovery of dam- nally effective as of the 15th ed as Ordinance Number in the et 134th Judicial District curities and Exchange Com- (d)By November 15, 2001, an ordinance of the City law- ages is sought, suffered by day of November, 2001. in The Ordinance fully regulating Grantee in any person or persons that Records of the Court of Dallas County, Tex- mission, or Their successor Grantee shall compute the City of Denton, Texas. W IT in ("TXU Litigation") To be agencies, in no event later franchise fee that Grantee the furnishing of service may be occasioned by, or /s included within this Term un- than fifteen (15) days after would have paid tothe City in hereunder is occurring, or arise out of, Grantee's Euline Brock, Mayor MESS dey AND this the has occurred, it shall at once breach of any of The terms or of , 2007. der the compensation provi- the receiptof a requestthere- calendar year Grantee's Gross cause an investigation to be provisions of this Franchise /s of 4% of Grantee's Gross sion set forth in Section 1 of for from the City. Revenues for 1998, as deter - The previous franchise as made by the City Manager or or of Sections 26-240, at seq., Mark Burroughs, Council /s/ amended by Ordinance No, (c)Grantee shall keep the mined in paragraph (c) his designee. Notice, penal- City Code, or by any negli- Member Jennifer Walters ties, and procedures for en- gent or strictly liable act, or City Secretary 93-137 and as more fully set City fully informed as to ail above, calculate the amount suring compliance with this omission by Grantee, its offi- /s forth in section 5 hereof. The matters in connection with or of the franchise fee set forth term "Effective Date" is the affecting the construction, in number of dollars per kilo- Franchise shalt be as provid- terse, agents, employees, sub- Roni Beasley, Council Mem- + I ed in Sections 26-240, et seq., contractors, affiliates and ber (SEAL) date that the Franchise reconstruction, removal, watt hour, and shall notify City Code. subsidiaries, in the construc- ration, or the City of The Grantee's ACCEPTANCE granted herein becomes ef- maintenance, ope tion, maintenance, opera- /s fective, which shall be No- repair of Grantee's fa cilities computation and shall pro- SECTION 8: NOTICES. tion, or repair of Grantee's Perry McNeill, 15, 2001. The term within The City's Public vide all documents showing Electric Utility System, or by ber WHEREAS, the City, Council "Acceptance Date" is the Rights -of -Way and other City all gross revenues received of the City of Denton, Texas, 'Acceptance Grantee signs and property; including, without andearned fnthe City forcaF (a)AII notices, including the conduct of Grantee's did on the _day of date dates the Acceptance at- limitation, all accounting endar year 1998 including all communications and state- business in the City pursuant /s e. methods and procedures work papers in sufficient de- ments that are required or to this Franchise; except that Jane Fulton, Council Mem- ,200E enact permitted under The terms of the indemnity provided for in her an Ordinance entA Cached to This OrdinancGRANTING used by Grantee in determin- Tail To permit an accurate ORDINANCE GRANTING SECTION 2:FRANCHISE ing the franchise fee amounts replication of the results. For this Franchise, shall be in this paragraph shall not ap- TO TXU ELECTRIC COM- GRANTED. to be paid the City. the purpose of this Franchise writing. Service of a notice ply to any liability resulting / "work papers" shall mean all shall be accomplished by from The sole negligence or Mike Phillips, Council Mem- PANY DOING BUSINESS AS TXU ELECTRIC A hand -delivery, by registered fault c al the aCity, employees, her FRANCHISE FOR THE (a)There is hereby GRANT- City, u (d)Grantee shall provide the documents and records c or certified mail, return re- officials, agents, employees, ED to TXU Electric (herein City, upon request,acurreni fined by Grantee of the proce• cerpt requested (postage pre- or separate contractors. In /s PURPOSE OF CON - after called "Grantee,'), for chain-of-commandorganiza- duresfollowed, the tests per- Thetermsetforthin5ection tional chart of Grantee show- formed, The information ob- paid), or by reputable over- the event of joint and concur- Raymond Redmon, Council STRUCTING, MAINTAIN- nighteeliveryservice.Allno. rent negligence or fault of Member ING,AND USINGANELEC- 14 of this Ordinance, a Fran- ing all of its officers, manag- tained and the conclusions TRIC UTILITY SYSTEM IN chise to use and occupy the ers and supervisors, together reached to compile and cal- }ices shall be effective upon both of the Grantee and the Public Rights -of -Way and with their respective Titles, culate the gross revenues re- the receipt of notice by the in- City, responsibility and in- The above and foregoing or- THE CITY OF DENTON; other public property in or- addresses and telephone ceived and earned in the City tended recipient.(b) Al I notic- demnity, if any, shall be ap- dinance read, adopted on REGULATING THE CON - der to construct, erect, own, numbers, who have the ulti- for calendar year 1998 and es shall be sent To the City portioned comparatively In first reading and passed to STRUCTION WORK DONE suspend, install, extend, re- mate responsibility for man- The calculation of the fran- and Grantee at The fo'lowing accordance with the laws of second reading by thefollow- BY THE GRANTEE IN THE addresses: the State of Texas without, ing votes, this the 18th day of CITY; PRESCRIBING THE new, repair, maintain, oper- aging, operating, and main- this fee set forth in number however, waiving any gov- September, 2001, at a regular DUTIES, RESPONSIBILI- ate,andcontlucTinlheCityof taining Grantee's Electric of dollars per kilowatt hours Denton, Texas, (hereinafter Utility System in the City. which will include any work CITY OF DENTON, TEXAS ernmentat immunity defense session of -the City Council- AUTHORITY OFT HE CITY programs, analyses, memo- City Manager or provision available to the referred to as'City"),a plant City of Denton City under applicable Texas Euline Brock, Mayor, ab- MANAGER AND THE CITY or plants and poles, wires, (e)The City Manager, or his rantlum, abstracts d Grant- 215 E. McKinney law, and without waiving any stained from voting. WITH RESPECT TO AD - pipelines, cables, under- designee, shall have the eels documents and sched- MINISTRATION OF THIS ground conduits, manholes, right, at reasonableplat,equipment, to pies . commentaries pre- Dentom, Texas 76201 of the defenses of the parties fiber optic cable for its own inspect the plant, equipment, pared. Cityshall have 60 days TXU ELECTRIC COMPANY It sunder u unde icable rstood That Texas is not Membelaw. Mark r, voting aye.urrough FOR FORNENFORCEMENTIOF, use, and all other facilities and other property of the to review such computation Town Manager the intention of the parties THE FRANCHISE; PRE - and equipment needed and Grantee located within the to determine whether it has To n Mulberry hereto to create liability for Ron! Beasley, Council Mem- SCRIBING THE COMPEN- necessary for The mainte- City's Public Rights -of -Way been made in accordance nance and operation of an and other City property, and, with the provisions of 33.008, Denton, Texas 76201 the benefit t any Third par- ber, voting aye. his Franchise CITY BN O HE GRANTEE Electric Utility System. for the sole purposes of the PURA. If City disagrees with ties, but (c)The City and Grantee, shall solelyforthe benefit Perry McNeill, Council Mem- FOR THE FRANCHISE City's review of franchise fee The calculation, then City and PF2IVILEGE; SETTING from Time to time, may des- of The City and Grantee, and ber, voting aye. FORTH THE TERM OF grant s Franchise does right, payments, The hiseo t e ex- Grantee will work Together in ignate a new address and/or shall not create or grant any grant to Grantee the right, lion of this franchise, the ex- good faith a compute the ORDFNANCE NO. privilege, or authority to oc- ercise of City's regulatory franchise fee in accordance another designated officer rights, contractual or other- Jane Fulton, Council Mem- VIIDING FOR AESEVER- 2001 for purposes of providing no wise, to any other person or ber, voting aye. ABILITY PROVISION; cupy and use the Public authority over Grantee, and with The provisions a reach tice hereunder, by written no- entity. Rights._of_W to or other City the types and location of PURA. If The parties reach face to The other party given Mike Phillips, Council Mem- PROVIDING FOR ACCEP- N ORDINANCE GRANT- proAN perty to engage fn any Grantee's facilities in the agreement the City andTANCE VG TO TXU ELECTRIC otherbusinesswithin the City City's Public Rights -of -Way Grantee agree that they will as provided herein. SECTION I3: NON- ber, voting aye. CIi SE BYOGRANTEE; RAND OMPANY DOING BUSI- other than the provision of and other City property, to use the agreed amount to cal- SECTION 9: CONFORMITY SIVE FRANCHISE. Raymond Redmon, Council PROVIDING AN EFFEC-, ESSASTXU ELECTRIC,A Electric Utility Service, as examine, audit, and obtain culate Grantee's franchise SE THE CONSTITUTION, The Franchise granted by Member, voting aye. TIVE DATE. RANCHISE FOR THE set forth in this Franchise. copies of the papers, books, fee per kilowatt hour, in ac- TO STATUTES, CHARTER this Ordinance is not exctu- 'URPOSE OF CON- Provided, however, that only accounts, documents, and cordance with 33.008, PURA. TRUCTING, MAINTAIN- the additional following re- other business records of the By January 15, 2002, the City AND CITY CODE OF ORDI- sive. Nothing contained here- The above and foregoing or- WHEREAS, said Ordinance NANCES. in shall be construed so as to dinance read, adopted on sec- was on the _ day of NG, AND USING AN ELEC- laced electric business that Grantee and its affiliates, shall notify Grantee of the prevent ibe City from grant- and reading and passed To _ 2001, duly 'RIC UTILITY SYSTEM IN Grantee is providing within consistent with state law and amount of the franchise fee This Franchise is granted ing other like or similar Third reading by Thefollowing approved and subscribed 'HE CITY OF DENTON; the City as of the Effective in accordance with the provi- set forth in number of dollars ng subject to all applicable pro- rights, privileges, and fran- votes, this the 2nd day of Oc- by the Mayor of said City, tEGULATING THE CON- Date of this Franchise shall sions of Section 26-249, City andper kalcceptingowatt uthisr. alcula- visions of the Constitution chises to any other person, tober, 2001, at a regular ses- and The seal of 'thereto �TRUCTION WORK DONE be authorized: 1. allowing Code. }iboth City and Grantee 3Y THE GRANTEE IN THE other entities to attach wires, and laws of the State of Tex- firm, corporation, or public Sion of the City Council. off zetlsaidta da on, attested cables, and other materials (f)The City shall retain all of agree that neither party is as, the Charter of the City of utility. Euline Brock, Mayor, ab- to by the City Secretary; Denton, Texas, and The Den- )UTIES, RESPONSIBILI- To Grantee's poles ("pole con- the investigative powers and hereby waiving any claims, Ton Code of Ordinances, to- SECTION 14: ACCEP- stained from voting. FIES, AND RULE -MAKING tacts") 2. attaching cellular other rights provided to the causes of action, or defenses NOW, THEREFORE, TXU that gether with any and all rules TANCE, ADOPTION DATE, AUTHORITY OF THE CITY telephone facilities to Grant- City by its Charter and by TXU Litigation. The am unt and regulations adopted AND EFFECTIVE DATE Mark Burroughs, Council Electric Company, doing MANAGER AND THE CITY eels equipment and facilities. state law. of the franchise fee that }hereunder. This Franchise Member, voting aye. business as TXU Electric, NITH RESPECT TO AD- Any additional business or hereby in all respects AC - shall in no way affect, This ordinance shall take ef- NINISTRATION OF THIS services tobeperformed by SECTION 5: COMPENSA- Grantee was required TO Pay abridge, or impair the rights, fect immediately from and Roni Beasley, Council Mem- CEPTS, APPROVES ANDIi FRANCHISE; PROVIDING Grantee in the City, other TION TO BE PAID TO THE ahmounrt of theinumber of doe AGREES TO said Ordinance, FOR ENFORCEMENT OF than Electric Utility Servic- CITY. obligations, or remedies of after its passage, pubiica- her, voting aye. andthesameshall constitute THE FRANCHISE; PRE- es, shallnotbeincludedwith- tars per kilowatt hour shall the parties provided for by tion, acceptance by Grantee d by a final set- the Public Utility Regulatory in accordance with the provi- PerryMcNeill,CouncilMem- and be a binding contractual. SCRIBING^THE COMPS c "fll.d "hauin this abe theesub subject of an)annuall Franchise Fee Cityiall pay the Granteesh be Temeni ornjudgment of the 11 IyL nv I ww lion of TXU Electric iny, doing business as Electric, and of the vithout waiver of any •emedy by TXU Etec- mpany, doing business J Electric, or the City, KU Electric Company, business as TXU Elec- oes hereby file this, its n acceptance, with the ecretary of the City of n, Texas, in her office. iD this the_ day of 2001. °LECTRIC COMPANY business as TXU ELECTRIC EST: _ PTANCE FILED inthe e of the City Secretary of :ity of Denton, Texas, he _ day of , 2001. ifer Walters, Secretary -10-22, 10_29, 11-05-01