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: