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0903 OFFICIAL RECORD ORDINANCE NO. 903 AN ORDINANCE AMENDING EXISTING FRANCHISE ORDINANCE BETWEEN THE CITY OF SOUTHLAKE AND TXU ELECTRIC DELIVERY COMPANY, A TEXAS CORPORATION, ITS SUCCESSORS AND ASSIGNS, TO PROVIDE FOR A DIFFERENT PAYMENT SCHEDULE; PROVIDING AN EXTENSION OF THE FRANCHISE TERM; PROVIDING FOR TXU ELECTRIC DELIVERY ACCEPTANCE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, TXU Electric Delivery Company, successor in interest to Oncor Electric Delivery Company (hereinafter called "Company") is engaged in the business of providing electric utility service within the City of Southlake, Texas (hereinafter called "City") and is using the public 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 Company; and WHEREAS, pursuant to Agreement to Resolve Outstanding Franchise Issues dated January 27, 2006, the City has requested and Company has agreed to amend said franchise ordinance to provide for a different payment schedule and an extension of the term; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: that SECTION 1: The franchise between the City and Company is amended as follows: A. A final annual payment will be made on or before November 1, 2006, based on each kilowatt hour of electricity delivered by Company during the twelve-month period ending August 31, 2006, to each retail customer whose consuming facility's point of delivery is located within the City's municipal boundaries. This payment is for the rights and privileges granted under the franchise for the twelve month period November 1,2006 - October 31, 2007. Effective February 1, 2007 the annual prospective payment schedule is hereby changed to a quarterly prospective schedule as follows: Payment Due Date Basis Period Privilege Period (Following Year) Feb. 1 May 1 Aug. 1 Nov. 1 Sept. 1 - Nov. 30 Dec. 1 - Feb. 28(29) Mar. 1 - May 31 June 1 - Aug. 31 Nov. 1 - Jan. 31 Feb. 1 - April 30 May 1 - July 31 Aug. 1 - Oct. 31 The first quarterly payment will be due and payable on or before February 1, 2007, based on the period beginning September 1, 2006 and ending November 30, 2006 for the rights and privileges granted under the franchise during the period November 1, Page I of3 2007 and ending January 31, 2008. Subsequent payments will be made on a quarterly basis as provided in the above schedule. The final payment under this Franchise will be made on or before November 1,2010, based on the period beginning June 1,2010 and ending August 31, 2010, for the rights and privileges beginning August 1, 2011 and ending October 31, 2011. After the final payment date of November 1,2010, Company may continue to make additional quarterly payments in accordance with the above schedule. City acknowledges that such continued payments will correspond to privilege periods that extend beyond the term of this franchise and that such continued payments will be recognized in any subsequent franchise agreement as full payment for the relevant quarterly periods; and B. The term of the franchise is hereby extended for an additional five years to expire on October 31, 2011. SECTION 2: In all respects, except as specifically and expressly amended by this ordinance, the franchise heretofore duly passed by the governing body of the City and duly accepted by Company shall remain in full force and effect according to its terms until said franchise ordinance terminates as provided herein. SECTION 3: This ordinance shall take effect upon its final passage and Company's acceptance. Company shall, within sixty (60) days from the passage of this ordinance, file its written acceptance of this ordinance with the Office of the City Secretary. 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 ON 1 ST READING ON THE 3RD DAY OF OCTOBER, 2006. A~ -- =--- MAYOR A]O:- (J~ CITY SECRETARY .J ....C!'~. " .(<~ ~ \4\-'(\ .~~, .~;; -.' ~: ~ ~ ,~~~. (f) :t ;. ... /l 1.+: ~.' ...,'" -,', '. ,'" ~ , \". ..-11 ,._"'-A- .'i. ",.. ~1;t'llU""'\ Page 2 of3 PASSED AND APPROVED ON 2ND READING ON THE 17TH DAY OF OCTOBER, 2006. ~): MAYOR ,\\\\il': ~~ i '~S~II "", cot .. I..'~~~ """" ...' ~i ';)-l/i.q";:""".,...,, ~~-". " ~ ~ ~'*''!; :atf t<,~," ~ l:.f *' \.....t1.: : J' ~ _ _~ ,.. - : .. ......''4. .' ._ "i~. '.',.. = ~, . - ',; : = , "\., - - : ~J~ ... .' .0- ~._---- .: ..,.... ,......"."...,: $' '.t .."It 'J.I, **.,t ,\\,\ """"',,,\' ATTEST: !oJ () ;juuAJ CITY SECRET AR Y Page 3 of3 INVOICE I a1 ''' Star-Telegram Customer ID: CIT57 400 W.7TH STREET RECEIVED Invoice Number: 275503591 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 9/29/06 Federal Tax ID 22-3148254 Terms: Net due in 21 days OC' y Due Date: 9/30/06 Bill To: C V PO Number: NO PO CITY OF SOUTHLAKE OFFICE OF CITY SECr RETAR I 1400 MAIN ST Order Number: 27550359 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn Attn: ACCOUNTS PAYABLE Publication Date: 9/29/06 Description Location Col Depth Linage MU Rate Amount CITY OF SOUTHLAKE Notice is he I3580 I 56 56 LINE $0.81 $45.36 OF SOUTHLAKE Notice itrIsC 1 n the city Net Amount: $45.36 Texas, that p lic hearing will bs Id. on October 1y,2008, at 5:00 p.m r m- mediatelyr ng during ohe �a ular tit ye held the ci y Council Chamberq of Town Hall,1400 Main Street, Southiake, Texas.Purpose of the public hearing is to consider the second reading ofrr�taaE NOthe foi- 'ORDINANC . AN ORDINANgCE AMENDING f I ST ING FqA H E , ,.'.'P�•••., ORDINANCE BE- CHRISTY L.HOLLAND :h TWEEN THE CITY M\'COMMISSION EXPIRES 1 OF SOUTHLAKEI m AND TXU ELECTRIC -'%;rl•..•:�+•r �yI 3f ' ' 1 DELIVERY COMPA- 45,�� THE STATE OF TEXAS PO`IATIONAS C ITRS- SUCCESSORS AND County of Tarrant ASSIGNS, TO PRO- VIDE FOR A DIF- FERENT PAYMENT SCHEDULE; PRO- Before me,a Notary Public in an( SIOVIDING A EXTETHEN-d State,thi• day personally appeared Lisa Wesselman, Bid and Legal Coordinator N OF N for the Star-Telegram, published 1 FRANCHISE TERM•I Inc. +t Fo orth, in Tarrant ounty,Texas;and who,after being duly sworn, did depose and say that the attach( TXU ELECTRIC DE vertis_ en w is published in VI- above named paper on the listed dates: BIDS& LIVERY ACCEP- LEGAL DEPT. STAR TELEGRAM TANCE- FINDING ' AND DETERMINING (817) 390-7320 THAT THE MEETING AT WHICH THIS ORDINANCE IS ' THESE PUBI OPEN AS / I �_ REQUIRED BY LAW. J.. City of Southlake SUBSCRIBED AND SWORN TO BEF b?t sec Viary �y,Oct e /, Notary Publi. / Thank You For Your Payment Remit To: Star-Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 275503591 Invoice Amount: $45.36 PO Number: NO PO Amount Enclosed: