02-42 - ON
TOWN OF PROSPER
ORDINANCE NO. 02-42
AN ORDINANCE AMENDING THE EXISTING ELECTRIC FRANCHISE BETWEEN
THE TOWN OF PROSPER 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 WHICH THIS
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 Town of Prosper (hereinafter called "Town") and is using the public streets,
alleys, grounds and rights -of -ways within the Town for that purpose under the terms of a
franchise ordinance heretofore duly passed by the governing body of the Town and duly
accepted by Oncor; and
WHEREAS, the Town and Oncor desires to amend said franchise ordinance to provide
for a different consideration;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS: that
SECTION 1: The existing electric franchise ordinance between the Town 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 electritown delivered by Oncor to each retail customer
whose consuming facility's point of delivery is located within the Town's
municipal boundaries and as specified by Oncor to the Town 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.
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) Town agrees (i) to the extent the Town 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 Town 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 Town 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 Town has intervened, the Town will take an
affirmative position in any such appeals in support of the 100% recovery
of such franchise fees by Oncor.
(3) Town 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 Town and duly accepted by Oncor shall r :nain 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 Town Secretary in substantially the
following form:
Page 2 of 3
To the Honorable Mayor and Town Council:
Oncor Electric Delivery Company, acting by and through the undersigned authorized officer,
hereby accepts in all respects, on this the —day of 04-e-c , 20 _, Ordinance No.
02-4p amending the current electric franchise between the Town and Oncor and the same shall
constitute and be a binding contractual obligation of Oncor and the Town.
Oncor Electric Delivery Company
President
SECTION 4. J Lis'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 TOWN COUNCIL OF THE TOWN OF
PROPSER, TEXAS, this the loth day of September, 2002, at which meeting a quorum was
present and voting.
ATTE
I'trw'n'Secretary Amber Phill s
APPROVED AS TO FORM:
Town Attorney
I.
r
yor Jim Dunmire
Page 3 of 3
Contract No.
Prosper
Electric Franchise
W]
K
FRANCHISE
AMENDMENTS
( ORDINANCE NO. 93-05
AN ORDINANCE AMENDING THE EXISTING FRANCHISE BETWEEN THE CITY AND
TEXAS UTILITIES ELECTRIC COMPANY TO PROVIDE FOR A DIFFERENT
CONSIDERATION; EXTENDING THE TERM OF SAID EXISTING FRANCHISE;
PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ACCEPTANCE BY TEXAS
UTILITIES ELECTRIC COMPANY; FINDING AND DETERMINING THAT THE
MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS
REQUIRED BY LAW.
WHEREAS, Texas Utilities Electric Company (hereinafter called
"TU Electric") 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 TU Electric;
and
f-
WHEREAS, TU Electric has, pursuant to said franchise
ordinance, been paying to the City a sum equal to three percent
(3%) of its gross receipts from the retail sale of electric power
and energy within the City for the rights and privileges set forth
in said franchise ordinance and, in addition thereto, has
reimbursed the City for its ratemaking expenses pursuant to Section
24 of the Public Utility Regulatory Act; and
WHEREAS, the City and TU Electric desire to amend said
franchise ordinance to provide for a different consideration to
consist of a sum equal to four percent (4%) of its gross receipts
from the retail sale of electric power and energy within the City,
which different consideration includes, among other things, TU
Electric's obligation to reimburse the City for its ratemaking and
other regulatory expenses to be incurred by the City involving the
regulation of TU Electric;
Now, Therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PROSPER , TEXAS:
SECTION 1. The consideration payable by TU Electric for the
rights and privileges granted to TU Electric by the franchise
ordinance heretofore duly passed by the governing body of this City
and duly accepted by TU Electric is hereby changed to be four
percent (46) of its gross receipts from the retail sale of electric
power and energy within the corporate limits of the City, said
changed percentage to be applied to said gross receipts beginning
on June 1, 1993, and being payable as specified in said franchise
ordinance and based upon the same time periods as specified in said
franchise ordinance and being, payment for the said rights and
privileges during the period specified in said franchise ordinance,
said payment being in lieu of and shall be accepted as payment for
all of TU Electric's obligations to pay municipal charges, fees,
rentals, pole rentals, wire taxes, inspection fees, easement taxes,
franchise taxes, certain regulatory expenses under Section 24 of
the Public Utility Regulatory Act or any similar or successor law,
or other charges and taxes of every kind, except ad valorem taxes,
sales and use taxes, and special taxes and assessments for public
improvements.
SECTION 2. TU Electric shall make a one-time adjustment to the
first payment due after June 1, 1993, under the said franchise
ordinance heretofore duly passed by the governing body of this City
Ira
and duly accepted by TU Electric for the purpose of making the
changed consideration as specified in Section 1 hereof effective on
June 1, 1993, without altering the payment dates specified in said
franchise ordinance, the amount of said adjustment being calculated
as follows: (a) TU Electric shall determine the monthly average of
its gross receipts from the retail sale of electric power and
energy within the City during the period upon which the next
franchise payment due to the City following June 1, 1993, is based;
(b) the said monthly average of its said gross receipts shall be
multiplied by to (0.01); and (c) the product so calculated shall be
multiplied by the number of whole months from June 1, 1993, through
the last day of the last month of the period for which the next
franchise payment due to the City following June 1, 1993, is made.
The amount of said adjustment shall be added to the said next
franchise payment following June 1, 1993, determined in accordance
with the provisions of said franchise ordinance as was in effect
prior to this amendment.
SECTION 3. Notwithstanding anything to the contrary in Section
1 hereof, if TU Electric files general rate cases and the City
incurs cumulative expenses, otherwise reimbursable by TU Electric
under Section 24 of the Public Utility Regulatory Act or similar or
successor law, in excess of $4 million, then in such event, TU
Electric shall reimburse all of the expenses incurred by the City
in connection with all general rate cases filed during the period
ended fifteen (15) years from the effective date hereof in excess
of said $4 million. The term "general rate case" as used in this
-3-
Section means a rate case initiated by TU Electric in which it
seeks to increase its rates charged to a substantial number of its
customer classes in the City and elsewhere in its system and in
which TU Electric's overall revenues are determined in setting such
rates. City agrees to exercise reasonable best efforts,
considering the facts and circumstances, to keep its expenses on
average to under $1,000,000 per general rate case.
SECTION 4. Notwithstanding the provisions of Section 1 hereof,
TU Electric will continue to reimburse the City's ratemaking
expenses, if any, in connection with the appeal and any remand of
Public Utility Commission of Texas Docket No. 9300 that are
otherwise reimbursable under Section 24 of the Public Utility
Regulatory Act, and will continue to reimburse the City's
ratemaking expenses, if any, in connection with Public Utility
Commission of Texas Docket No. 11735 that are otherwise
reimbursable under Section 24 of the Public Utility Regulatory Act
to the extent that said ratemaking expenses are incurred through
the entry of the last action by the Public Utility Commission of
Texas (i.e., the said Commission's order overruling the last motion
for rehearing) in said Docket No. 11735; the City hereby agrees
that any ratemaking expenses incurred in connection with said
Docket No. 11735 that the City incurs on appeal of said order will
be the City's sole responsibility and further agrees -- in the
events that the City is a participant in the joint intervention of
cities managed by the Steering Committee of TU Electric Service
Area Cities intervening in Docket No. 11735, that the City decides
-4-
to continue to participate with the Steering Committee in such
appeal of said order, and TU Electric is required to reimburse said
Steering Committee for ratemaking expenses under Section 24 of the
Public Utility Regulatory Act that are incurred on appeal of said
order in Docket No. 11735 -- to reimburse TU Electric the City's
share of reimbursable expenses related to said appeal and owed by
TU Electric to said Steering Committee determined by the
methodology chosen by the said Steering Committee (the City to
notify TU Electric of the method so chosen by the Steering
Committee prior to the submission of an invoice by the Steering
Committee for the payment by TU Electric of said reimbursable
expenses related to said appeal). ,
SECTION 5. The said franchise ordinance heretofore duly passed
by the governing body of this City and duly accepted by TU Electric
shall not terminate as provided therein, but the initial term of
said franchise ordinance is hereby extended for a period of fifteen
(15) years from and after the date on which said franchise
ordinance would have otherwise terminated but for this extension.
SECTION 6. In all respects, except as specifically and
expressly amended by this ordinance, the said franchise ordinance
heretofore duly passed by the governing body of this City and duly
accepted by TU Electric shall remain in full force and effect
according to its terms.
SECTION 7. This ordinance shall take effect from and after its
final passage and TU Electric's acceptance. TU Electric shall,
within fifteen (15) days from the passage of this ordinance, file
-5-
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:
Texas Utilities Electric Company (TU Electric),
acting by and through the undersigned authorized officer,
hereby accepts, on this the 17th day of June , 1993,
Ordinance No. 93_05 amending the current franchise
between the City and TU Electric.
TEXAS UTILITIES ELECTRIC COMPANY
By: �"� �Q b-, a'jof=�k
S ice Pre ent
SECTION 8. 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 CITY COUNCIL OF THE CITY OF
PROSPER TEXAS, this the Sth day of
JUNE 1993 .
Mayor
ATTEST:
L
City Secre
APPROVED AS TO FORM:
City Attorney
-6-
>•rrr
MELECTRIC
June 17, 1993
Terry R. CrlMn
Sr. Vice President
TO THE MAYOR AND CITY COUNCIL
OF THE CITY OF PROSPER, TEXAS:
The undersigned hereby accepts the terms of that certain franchise passed and adopted
by the City Council of the City of Prosper, Texas, by ordinance duly approved by the Mayor
and attested by the City Secretary on June 8, 1993, same being, "AN ORDINANCE
AMENDING THE EXISTING FRANCHISE BETWEEN THE CITY AND TEXAS UTILITIES
ELECTRIC COMPANY TO PROVIDE FOR A DIFFERENT CONSIDERATION;
EXTENDING THE TERM OF SAID EXISTING FRANCHISE; PROVIDING AN EFFECTIVE
DATE; PROVIDING FOR ACCEPTANCE BY TEXAS UTILITIES ELECTRIC COMPANY;
FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE
IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW."
IN TESTIMONY WHEREOF, witness the corporate signature of Texas Utilities Electric
Company by its duly authorized officer, this the 17th day of June, 1993.
TEXAS UTILITIES ELECTRIC COMPANY
Terry ffin
Sr. Vice President
Original acceptance o ranchise, of which the foregoing is a true copy, was filed in my office
on the _ , day of , 1993, at &'o'clock -2—.m.
(CITY SEAL)
L
City Secre
City of Prosper, Texas
1506 Commerce Street Dallas. Texas 75201 (214) 698-3650
ORIGINAL
FRANCHISE
TEXAS xW; R k LIMT CC'H?.A,'fr
The Honorable Mayor and Com lssion
of the City of Prosper, Texa s
:;entlement
By the terms of a strut rental agreement between the City sand
Texas Po•,rer & Light Company dated September 8, 1948 this Company pays
annually to the City a sun equal to two percent (21, of its gross
revenues derived from the sale of electric energy from its residential
and co=ercial business conducted :within the corporate limits of the
City.
Texas mower & Light Company is wi- ling to pay a like percentage
of .its 11,ross revenuum derived from Its industrial, governmental, and
municipal business conduoted Within the City, and accordingly hereby
agrees that said :;treat rental agreement shall be, and it hereby is,
amended so that in addition to the payment heretofore required by
said street rental agreement, Texas Power Px Light Company rhall ;gay
to the City upon the date of �xceptance of this propnsal. the Sum of
$310.82 and shall hereafter include, in computing its =innual payments
of 2% of 711.s L;, oss revenues :._s specif ed in the aforesaid agreement
dated September €3, 1948, its -roes revenues derived from its indus-
trial, cover m-:ntal and municipal b sIx..evis ecndlicted within such City.
If the foregoing is acceptable to you, please so indicate to the
space providlod below.
icurs very truly,
TFJAS LIE" jT� GW AR
Accepted:
CITY OF :'RASP ,1
_9T�If XL
-ham
3layor
TEXAS POWER & LT GHT CCMPANY
PROSPER , TETAS , ,T RENTAL PAIMENr
}
Statement of Industrial and Governmental and Municipal Revenues within the
corporate limits of the City of Prosper
months ended March 31, 1963s
Industrial
Governmental & Municipal
Total
, Texas, for the twelve
$ 18, 944.73
1,776.96
$ 202721.69
This payment represents 2% as applied to 9/12 of the above Revenues (the next payment
to be made on June 5, 1964, concurrently with the regular payment covering
Residential & Commercial Revenues).
9 /12 X 2% X $ 20, 721. 69 = $ 310. 82
THE STATE OF TEXAS )
COUNTY OF DALLAS )
H. 0, Weatherbee, Jr., being duly sworn, says that he is Assistant Treasurer of
the Texas Power & Light Company, that the above and foregoing statement is true and
correct to the best of his knowledge and belief. /�
surer
Subscribed and sworn to before me, this the 19th day of July, A.D. 1963.
x
r OBLHT D. DANIELS, Notary Public in and for Dallas Co.. Tft-
AN ORDINANCI AMBUING AN ORDINANCE GUNTING To TEAS PMER
& LIGHT OOMPAKr, ITS SUOC1=R& AND ASSIOIit<, AN ELECTRIC
LIGHT, HEAT AND FOWER MAXCKM ADOPTED it TU CITZ OOMU&ZON
OF PHOS =, TEXAS, ON THE 26th Da Or NAitCH, 2924, 50 AS To Ex.
TEND ?HE TEAK OF SAID FRANCHISE 29 MU MON ITS FSUSK
RKPIRATION DATE.
BE IT ORDAINED BY THE CITY CONUMON OF THE CITY Or PHOSPzR,
TEMe
Section is fiat the aleetris-light, heat aM
power franchise heretofore granted to the Tess Power A Light
Company by ordinam a adopted by the City Cessdsden of the
City of Prosper, Tmm, on Marah 28, 1924, be azteoded for a
period of twenty-nine (29) years frog and after the eupiration
date named therein, so that the tars of snob franshise will
extend to bash 28, 2003.
Section 2s The grantee in suah franchise, to -wit,
Taxes Power & Light Compassy, shall file its written acoeptanoe
Of this extension of said franchise within sixty (60) days
after the passage and approval of this ordinance.
PASSED AND APPROVED this the 22th day of YebruwT
1953.
ATTLSTs
& fug
"Imary
STATE OF TEIASs
COUNTY OF COLLIN%
I, C.W.Barper , City Secretary of the City of
Prosper, Teas, do hereby certify that the above and foregoing copy of
ordinance entitled, " AN ORDINANCE AKKKDI53 AN ORDINANCE GRANTING
TO.TEXAS:'POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ,
ELECTRIC LIGHT, HEAT AND POWER FRANCHISE ADOPTED B: THE CITY CONMISS-
ION OF PROSPER, TEXAS, ON THE 28th DAY OF MARCH, 1924, So AS TO
EXTEND THE TERM OF SAID FRANCHISE 29 YEARS FROM ITS PRESENT EXPIRA-
TION�DATBa, was passed and approved at meeting of the
City Commission of said City on the 25th�of YebaUja= s
1953.
Witness rq hand and, seal of the City of Prosper, Texas,
this the 25th day of February , 1953.
(CITY SEAL)
City Secretary of the
City of Prosper, Texas
WE
TEXAS POWER & LIGHT COMPANY
EXECUTIVE DEPARTMENT
DALLAS, TEXAS
TO THE CITY COMMISSION OF THE
CITY OF PROSPIR, TEXAS
Gentlemen s
The undersigned hereby accepts the tens of that certain
ordinance passed and adopted by the City Comission of the City of
Prosper.. Texas] on February 25, 1953, same being, " AN ORDINANCE
APENDIM. A'N ORDINANCE GRANTING TO TEXAS POWFA & LIGHT COMPANZy ITS
SUCCESSORS AND ASSIGNS, AN ELECTRIC LIGHT$ HS"AT AND POWER FRANCHISE
ADOPTED BY THE CITI COMMIS61011 OF PROSPEP, TEXASO ON THE 28th DAY OF
MaCd, 19240 SO AS TO EXTEND THE T4tM OF SAID FRANCHISE 29 YEARS r`WM
ITS PRESENT EXPIRATION DATE", and files herewith its acceptance of
such ordinance extending the term of such franchise as rewired by the
terms thereof,
IN TESTIMONY WHER.TF, witness the corporate signature and
seal of Texas Power & Light Company by its duly authorized officera,
this the loth day of April, 1953.
�.r
TEXAS POWER & LIUHT COMPANY
BY
_..... President
Original acceptance of ordinance extending the term of franchise
of which the foregoing is a true copy, was filed in my office on the 13th
day of April , 1953, at 10.30 o'clock A. M.
�.. ,
7t y SecreViry of the City of
(CITY SEAL) Prosper, Texas
to —
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I� 25t.h . Oar of February
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^ r " r ' ., /P/ �• 11.. Clary.
/a/ C. W' harper
STAT& OY -TUASx
COUNT*1 01 wbFLU'Us
C, W. Harper City Secrvetary at the City* of
+
Prosper, Texas, do hereby certify that the above and larsaoing''saPy' of
irdi o aaatitled, " AN U;147 MIV3 AN ORDIS0HA
:. TO T7=5' ' W!_Jt & Lllia COV"N SAT, ITS SiCCESSOW VID A I39S* AN
VU.,,-C'MIC i.iUT I :;! AT AUD 3 W1 fit MACHISZ r+RDDPIrD - A 11Z CM Cw �Oaa$-
ION OF M03KRj TkWs CCU THE 28th DAf 4F WtUt 19249 SO A's TO
1 Y T...Z Trim CP SAID .r'Ut+Cz-1159 29 Y3:AF.r3 .0204 MJ rAZE aT FX?IRa-
„
TION rA"Z lU", was passed and approv&i at, a Una of the
City .Cc ia�glon of Said City 04 tthe 25 of February
r
Wit mes my haad and aeal of the Cltf or hvspixr, TeX",
'
U�3s t:w 5thdal of : eoruary 19539
/a/ C - W. Harper
City, beuret►: ry of thei
~ (CITY aa:.) City of 12maper„ Taxaa ..
t
1 � � ' ,. 1 � 1• �• ., ...J Yak
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RE6ULUTION
BE IT RESOLVED BY THE CITY �TAgTCyg OF THE
CITY OF p;;R , TEXAS: That the Mayor be,
and he hereby is, authorized to execute and enter into,
for and on behalf of the City, a letter agreement dated
AU&M.3t y, i-ro , amending a street rental agreement
between the City and Texas Power & Light Company dated
soot, g- 1948 covering the use and occupancy by Texas
Power & Light Company of the streets, alleys, highways,
easements, parks and other public places within the City,
said letter agreement being in the form this day submitted
and filed with the City Secretary.
PASSED AND ADOPTED this the ?_ day of Augkw
190 .
ATTEST:
ayor
City 5 retary
COPY
TOWN OF PROSPER
ORDINANCE NO.02-42
AN ORDINANCE AMENDING THE EXISTING ELECTRIC FRANCHISE BETWEEN
THE TOWN OF PROSPER 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 WHICH THIS
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 Town of Prosper (hereinafter called "Town") and is using the public streets,
alleys, grounds and rights -of -ways within the Town for that purpose under the terms of a
franchise ordinance heretofore duly passed by the governing body of the Town and duly
accepted by Oncor; and
WHEREAS, the Town and Oncor desires to amend said franchise ordinance to provide
for a different consideration;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS: that
SECTION 1: The existing electric franchise ordinance between the Town 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 electritown delivered by Oncor to each retail customer
whose consuming facility's point of delivery is located within the Town's
municipal boundaries and as specified by Oncor to the Town 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 DD 1 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) Town agrees (i) to the extent the Town 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 Town 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 Town 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 Town has intervened, the Town will take an
affirmative position in any such appeals in support of the 100% recovery
of such franchise fees by Oncor.
(3) Town 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 Town and duly accepted by Oncor shall r -nain 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 Town Secretary in substantially the'
following form:
Page 2 of 3
\7
To the Honorable Mayor and Town Council:
Oncor Electric Delivery Company, acting by and through the undersigned authorized officer,
hereby accepts in all respects, on this the _/ day of o G , 20 �; Ordinance No.
02-4p amending the current electric franchise between the Town and Oncor and the same shall
constitute and be a binding contractual obligation of Oncor and the Town.
Oncor Electric Delivery Company
51
President
SECTION 4.'Jt. 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 TOWN COUNCIL OF THE TOWN OF
PROPSER, TEXAS, this the loth day of September, 2002, at which meeting a quorum was
present and voting.
00 wo,
yor Jim Dunmire
ATTEST:
wn Secretary Amber Phill s
APPROVED AS TO FORM:
Town Attorney
Page 3 of 3
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