Ordinance 2002-48
ORDINANCENO. ~OO~-~
AN ORDINANCE AMENDING THE EXISTING ELECTRIC
FRANCmSE BETWEEN THE CITY AND ONCOR
ELECTRIC DELIVERY COMPANY, TO PROVIDE FOR A
DIFFERENT CONSIDERATION; PROVIDING AN
EFFECTIVE DATE; PROVIDING FOR ACCEPTANCE BY
ONCOR ELECTRIC DELIVERY COMPANY; FINDING
AND DETERMINING THAT THE MEETING AT WIDCR
TillS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC
AS REQUIRED BY LAW.
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, 'JHEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF \JJ'iI,~ , TEXAS: that
SECT! ON 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) ofPURA 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, "Discretioruuy Service Charges," items DDl 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.
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 affrrmative 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 ofthe 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 fmal 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
authorized officer, hereby accepts in all respects, on this the
undersigned
day of
Page 2 of3
, 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
By
Vice President
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 BY THE -5)Y COUNCIL OF THE CITY OF
~he., , TEXAS, this the 10 day of ~ 2002, at which meeting
a quorum was present and voting.
I!- ~ rY-...
Ma r
ATIEST:
U~o~
City Secretary
APPROVED AS TO FORM:
City Attorney
Page 3 00
THE WYLIE NEWS
wvermg Wylie, Sachse, Murphy and the surrounding area
110 N. Ballard
P.O. Box 369
Wylie, Texas 75098
(972) 442-5515
Fax (972) 442-4318
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned authority, on this day personally appeared
Chad Engbrock, of THE WYLIE NEWS, a newspaper regularly
published in Collin County, Texas and having general circulation in Collin County,
Texas, who being by me duly sworn deposed and says that the foregoing
attached_____~__~~Q~~~~!___________________________________________
was published in said newspaper on the following date(s), to-wit:
-----~~-~_~-__________,2003, and ________________________~________. 2003.
----------------------
Chad Engbrock, owner and publisher
Subscribed and sworn to before me tWs the 3vtf
witness my hand and seal of office.
day of ~
,2003 to certify which
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