HomeMy WebLinkAbout08-3508 ord178
ORDINANCE NO. 08-3508
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW,
TEXAS: EXTENDING THE EXISTING ELECTRIC FRANCHISE
ORDINANCE IN FAVOR OF XCEL ENERGY, PENDING ADOPTION OF A
NEW FRANCHISE AGREEMENT; AMENDING ORDINANCE N0.82-2493
TO PROVIDE FOR A CONTINUING INCREASE IN FRANCHISE FEES
PAYABLE TO THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPEALER; PROVIDING FOR PUBLICATION AND EFFECTIVE
DATE.
WHEREAS, the existing electrical utility franchise ordinance adopted in 1982
(Ordinance No's. 82-2492 and 82-2493) expired on July 13, 2007; and
WHEREAS, negotiations are on-going between the City and the current electric
provider, Xcel Energy, and it is mutually beneficial for the parties to continue operating
under the terms of the existing franchise until a new franchise agreement can be adopted;
and
WHEREAS, Xcel Energy and the City of Plainview agree to a continued increase in
the franchise fee payable to the City in the amount of five percent (5%) of the quarterly
gross receipts charged by Xcel Energy for the provision of electric utility services to
customers within the City of Plainview.
NOW, THEREFORE, The City of Plainview hereby ordains:
SECTION I
The three percent (3%) franchise fee measured by quarterly gross receipts received
by Xcel Energy for the provision of electric utility services to customers within the City of
Plainview is hereby increased to five percent (5%). A two percent (2%) franchise expense
is currently embedded in SPS system wide rates, but all franchise expense in excess of
two percent (2%) of gross receipts shall be surcharged by SPS to the customer's taking
service within the corporate limits of the City.
SFCTI(~N II
The effective term of Ordinance Nos. 82-2492, 82-2493, and 07-3490 is hereby
extended, except for the franchise fee paid to the City in accordance with Xcel Energy's
quarterly gross receipts, until April 30, 2009; however, if a new franchise is adopted and
becomes effective sooner, then this ordinance shall expire at the effective date of such
new franchise ordinance so that this and the new ordinance do not overlap.
Ordinance No. 08-3508 Page 1 of 2
179
SECTION III
If any provision, section, subsection, sentence, clause or the application of same to
any person or set of circumstances for any reason is held to be unconstitutional, void or
invalid or for any reason unenforceable, the validity of the remaining portions of this
ordinance or the application thereby shall remain in effect, it being the intent of the City
Council of the City of Plainview, Texas in adopting this ordinance, that no portion thereof or
provision contained herein shall become inoperative or fail by any reasons of
unconstitutionality of any other portion or provision.
SECTION IV
All ordinances and parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of conflict with this ordinance.
SECTION V
This ordinance shall be published and become effective according to law.
PASSED AND APPROVED on first reading this 9th day of October, 2008.
PASSED AND APPROVED on second reading this 1
ATTEST:
.G ~ <
_~.JJ ~
Belinda Hinojosa, City Secret
APPROVED'AS TO
Grec,~Tn~am, City
APPROVED AS TO FORM:
Leslie pear P rce, City Attorney
y of October, 2008.
~Y
N C. AND N, MAYOR
Ordinance No. 08-3508 Page 2 of 2
ATTACHMENT A
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18
ATMOS ENERGY CORPORATION
West Texas Distribution System -ICL
Residential Gas Service
Tariff No: 13984
Rate Schedule: 6931 WT RESG ICL
Page 18
This schedu~ applicable to general use by Residential customers for heating, cooking,
refrigeration, water heating and other similar type uses. This schedule is not available for service
to premises with an alternative supply of n~as.
Monthly Rate
Customer Charge
Commodity Charge:
$ 7.37
All Consumption $ 0.15983 per Ccf
True-up Charge:
All Consumption $ 0.03704 per Ccf
Rate Adjustment Provision
'The West Texas System Gas Cost Adjustment Rider applies to this schedule except for service
inside city limits of Odessa.
The Odessa Gas Cost Adjustment Rider applies
Odessa.
The West Texas System Weather Nonmalizat'
* The True-up Charge shown is for the period November 15, 2008 through July 31, 2009.
service inside city limits of
applies to this schedule.
EFFECTIVE: Bills rendered on and after November 15, 2008 Inside City Limits
ISSUED BY: C.W. Guy, Vice President-Rates & Regulatory Affairs
ATMOS ENERGY CORPORATION
West Texas Distribution System -ICL
Tariff No: 13985
Rate Schedule: 6931 WT COMG ICL
zu
Availability
This sche
heating, <
available
Commercial Gas Service
~le to Commercial type customers, including hospitals and churches, for
~geration, water heating and other similar type uses. This schedule is not
to premises with an alternative supply of natural gas.
Monthly Rate
Customer Chazge:
Commodity Charge
All Consumption
$ 0.11572 per Ccf
True-up Chazge:
All Consumption $ 0.02784 per Ccf
Rate Adjustment Provision
The West Texas System Gas Co djustment Rider applies to this schedule except for service
inside city limits of Odessa.
The Odessa Gas Cost Adjustment Rider applies
Odessa.
The West Texas System Weather Normalization
+ The True-up Charge shown is for the period November 15, 2008 through July 31, 2009.
inside city limits of
to this schedule.
EFFECTIVE: Bills rendered on and after November l5, 2008 Inside City Limits
ISSUED BY: C.W. Guy, Vice President-Rates & Regulatory Affairs
,,;~.,
$ 14.21