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ORDINANCE NO. 09-3513
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; EXTENDING ORDINANCE N0.08-3508
CONTINUING THE EXISTING FRANCHISE AND PROVIDING FOR A
CONTINUED 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 the City has
operated on an extension expiring April 30, 2009 (Ordinance No. 08-3508); 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.
SECTION II
The effective term of Ordinance Nos. 82-2492, 82-2493, 07-3490, and 08-3508 is
hereby extended, except for the franchise fee paid to the City in accordance with Xcel
Energy's quarterly gross receipts, until July 31, 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. 09-3513 Page 1 of 2
238
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 14th day of April, 2009.
PASSED AND APPROVED on second reading this 2$~`~day of April, 2009.
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HN C. ANDERS ,MAYOR
A TEST:
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Belinda Hinojosa, City S tart'
APPROVED AS TO FORM:
esli pear Pearce City Attorney
Ordinance No. 09-3513
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