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Home My WebLink About2002-289• r g.bur Wamm4WNimKC4\OlV:ICIIIC PrvuCbl9f Ama0�Iml.dlC ORDINANCE NO. os O99',� 4� 9 AN ORDINANCE AMENDING THE EXISTING ELECTRIC FRANCHISE BETWEEN THE CITY AND ONCOR ELECTRIC DELIVERY COMPANY, TO PROVIDE FOR A DIFFERENT CONSIDERATION; 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; AND PROVIDING AN EFFECTIVE DATE. 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 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, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. 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 DD1 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. Page 1 S:bnr PcumcnuWWin=N XQ [m1 c FrawWsc Amrntlmnm.Jnc 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 , 20 , Ordinance No. amending the current electric franchise between the City and Oncor and the same shall constitute and be a binding contractual obligation of Oncor and the City. Oncor Electric Delivery Company UZ Vice President Page 2 5\Our Oacu—m Mivancr"2 mtnn Fmwhm AmaMm=Cft SECTION 4. It is hereby officially found and determined that the meeting at which this Ordinance is passed is open to the public FTequired by law and that public notice of the time, place and purpose of said meeting was giv n as re uired. n ATTEST: JENNIFER WALTERS, CITY SECRETARY ) t9TO LEGAL FORM: L. PROUTY, CITY ATTORNEY BY: The City of Denton, Texas, acting herein by its duly cpstituted authorities, hereby declares thensec9foregoing Ordinance passed on,frst da reading on��//LL day of J �, 200rd and passed on sec nd reading on the o� day of Ge t , 2002; and ssed_o� third reading on the,3 day of Inber 02; and being ally effective as of the& day of peafier , 2002. n /s/ Abstained /s/ U Euline Br ck, 17y1— Mor Mar urro ohs, ay Bob MontgomerA Council ember , Perry M eill, Council M lsl Od in J&fe V-& . lsl Janson. Council Meutbex Michael Phillips, Council Member /s/ Council Member Page 3 swum umenuwrdmeoeeewseiawe FMKII a,um�mm.,.�.uo< The above and foregoing ordinanc read, adopted on first reading and passed to second reading by the following votes, this the day of X S , 2002, at a regular session of the City Council. Euline Brock, Mayor, abstained from voting. Mark Burroughs, Mayor Pro Tern, voting 2�,e . Bob Montgomery, Council Member, voting A)LIL. Perry McNeill, Council Member, voting CL�. Jane Fulton, Council Member, voting CLL. Michael Phillips, Council Member, voting 42 . Raymond Redmon, Council Member, voting e The above and foregoing ordinance rrd, adopted n seco�Lnd reading and passed to third reading by the following votes, this the o40 day of �, 2002, at a regular session of the City Council. T Euline Brock, Mayor, abstained from voting. Mark Burroughs, Mayor Pro Tern, voting ay-1, Bob Montgomery, Council Member, voting 4 Perry McNeill, Council Member, voting qe . Jane Fulton, Council Member, voting -LIIY2 . Michael Phillips, Council Member, voting dye . Raymond Redmon, Council Member, voting A�Le—. The above and for going ordinance read, adopted on third reading and passed by the following votes, this the 3day of 7ti/IZ 2002, at a regular session of the City Council. Euline Brock, Mayor, abstained from voting. Mark Burroughs, Mayor Pro Tem, voting 4. Bob Montgomery, Council Member, voting 4L. Page 4 S\Our WcumrniaWNilun[abE\Elalnc FwuLi[[AmoWu¢m.prc Perry McNeill, Council Member, voting "K. Jane Fulton, Council Member, voting ALe— Michael Phillips, Council Member, voting 4—z. Raymond Redmon, Council Member, voting Q�l �. STATE OF TEXAS § COUNTY OF DENTON § I, Jennifer Walters, City Secretary of the City of Denton, Texas, do hereby certify that the above and foregoing is a true and correct copy of the Franchise Agreement Ordinance between the City of Denton and TXU Gas Compan doing business as TXU Gas. The same is now recorded as Ordinance Number aooa - a�g in the Ordinance Records of the City of Denton, Texas. A� WITNESS MY HAND this the day of _ h?M 2002. (SEAL) kennyifUalters,City Secretary Page 5 r' S\OurD anion l Ainanc 02T]dric Fr=r sc AwaWmenlM ACCEPTANCE WHEREAS, the City Council of the City of Denton, Texas, did on the y RJ day of SENI (SEIF , 20QO, enact an Ordinance entitled: AN ORDINANCE AMENDING THE EXISTING ELECTRIC FRANCHISE BETWEEN THE CITY AND ONCOR ELECTRIC DELIVERY COMPANY, TO PROVIDE FOR A DIFFERENT CONSIDERATION;; 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; AND PROVIDING AN EFFECTIVE DATE. 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 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 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 Z-0 day of na oyf1:n-� , 20 oz, Ordinance No. a p 6 2 - Qn amending the current electric franchise between the City and Oncor and the same shall constitute and be a binding contractual obligation of Oncor and the City. DATED this the Oncor Electric Delivery Company President 2002. 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