HomeMy WebLinkAbout13-3603 ordORDINANCE NO. 13 -3603
AN AMENDMENT TO THE ORDINANCE GRANTING TO
SOUTHWESTERN PUBLIC SERVICE COMPANY, ITS SUCCESSORS
AND ASSIGNS, THE NON - EXCLUSIVE RIGHT TO USE AND OCCUPY
RIGHTS -OF -WAY WITHIN THE CITY OF PLAINVIEW FOR THE
CONSTRUCTION AND OPERATION OF AN ELECTRIC
TRANSMISSION AND DISTRIBUTION SYSTEM; PRESCRIBING
CONDITIONS GOVERNING THE USE OF THE PUBLIC RIGHTS -OF-
WAY; PROVIDING FOR COMPENSATION; DESIGNATING AN
EFFECTIVE DATE AND A TERM OF SAID FRANCHISE; PROVIDING
FOR WRITTEN ACCEPTANCE OF THIS FRANCHISE; FINDING THAT
THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO
THE PUBLIC; AND PROVIDING FOR SEVERABILITY.
WHEREAS, by Ordinance No. 09 -3514 the City of Plainview ( "City ") and
Southwestern Public Service Company ( "Franchisee ") entered into a non - exclusive
franchise agreement to use and occupy the City's rights -of -way to construct, install,
maintain and operate electric transmission and distribution systems consisting of
electric power lines and all necessary appurtenances for the purpose of supplying
electricity by; and
WHEREAS, Franchisee has asked the City of Plainview, Texas to amend
Franchisee's nonexclusive franchise agreement to use and occupy the City's rights -of-
way to construct, install, maintain and operate electric transmission and distribution
systems consisting of electric power lines and all necessary appurtenances for the
purpose of supplying electricity; and
WHEREAS, the City of Plainview, a home rule municipal corporation, is
authorized by state law and the City of Plainview ordinances to adopt one or more
nonexclusive franchise ordinances which set reasonable terms and compensation
required of utility companies that desire to use public streets, alleys, and rights -of -way
for profit; and
WHEREAS, the construction, installation, maintenance and operation of such a
system involves the occupation of, and placement of, private commercial facilities, in the
Public Rights -of -Ways within the City; and
WHEREAS, Franchisee agrees to amend their franchise agreement to expand
the definition of their Gross Receipts to include additional miscellaneous revenues; and
WHEREAS, after reviewing and considering such additional miscellaneous
revenues presented by the Franchisee, the City determined that, subject to the terms
and conditions set forth herein, the amendment to expand the gross receipts definition
of the franchise agreement is in the best interest of the City of Plainview, Texas; and
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WHEREAS, after review, consideration, and good faith negotiations, the City and
Franchisee agree to abide by the terms and conditions set forth herein.
SECTION I
NOW, THEREFORE, the City of Plainview hereby ordains That:
Ordinance No. 09 -3514 regarding Southwestern Public Service Company's
franchise agreement with the City of Plainview, Texas at Section 7, Compensation to
the City, is amended as follows:
C. For purposes of this section, "Gross Receipts for electricity delivered" shall
mean the total monies received by Company from the sale of electric energy to its retail
customers within the corporate limits of the City. Gross Receipts shall include, without
limitation, all amounts charged by Company or other entities utilizing Company's
delivery system, to Company's customers for generation, transmission, and distribution
services, regardless of the source of such services, and specifically including receipts
from the following:
Ord. No. 13 -3603
(1) All sales of electricity by Company, net of customer credits, to
residential, commercial, governmental, educational, and industrial
customers, without exception, within the corporate limits of the City.
(2) For all service classifications, the charges addressed in subsection
(1) above shall include Service Availability Charges, Energy
Charges, Demand Charges, and Fuel Charges and Surcharges.
(3)
(4) Transmission and distribution when sold separately from kWh to
any person or entity located within the City.
(5)
All revenues received by the Company from customers within the
City related to charges for fuel, or fuel cost recovery charges,
based upon the consumption of the customer.
All payments received by the Company based on any and all
contractual provisions of transmission or distribution services.
n Company net miscellaneous revenues limited to (a) returned check
charges; (b) reconnection charges after a disconnection for non-
payment; (c) restoring service after a tampering or unsafe situation
disconnection; and (d) charges related to meter tampering.
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SECTION II
All of the provisions contained in this Ordinance are hereby declared to be for a
public purpose, and are in the interests of the health, safety, and welfare of the general
public.
SECTION III
If any provision, section, subsection, sentence, clause or phrase of this
Ordinance is for any reason held to be unconstitutional, void or invalid (or for any
reason unenforceable), the validity of the remaining portions of this Ordinance shall not
be affected thereby, it being the intent of the parties in adopting this Franchise
Ordinance that no provision hereof shall be inoperative or fail by reason of any
unconstitutionality or invalidity of any other portion, provision, or regulation, and to that
end, all provisions of this Ordinance are declared to be severable.
SECTION IV
This Franchise shall be governed by and construed in accordance with the laws
of the State of Texas.
SECTION V
In order to accept this franchise amendment Franchisee must file with the City
Secretary its written acceptance of this franchise amendment within thirty (30) days
after its final passage and approval by City. Franchisee shall pay all publication
expense regarding notification of the Franchise Ordinance. Franchisee, by its
acceptance of this franchise amendment, agrees that all such lawful regulatory powers
and rights as the same may be from time to time vested in the City shall be in full force
and effect and subject to the exercise thereof by the City at any time.
SECTION VI
All other franchise ordinances and parts of such ordinances or resolutions in
conflict with this ordinance are hereby repealed to the extent of conflict with this
Franchise Ordinance.
SECTION VII
It is hereby officially found that the meeting at which this Ordinance is
passed is open to the public and that due notice of this meeting was posted, all as
required by law.
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SECTION VIII
If Franchisee accepts this Ordinance by filing of its written acceptance,
Southwestern Public Service Company and the City of Plainview, Texas agree that such
amended ordinance shall be effective as of May 1, 2013. If the Franchisee fails to file
such written acceptance of this Franchise Ordinance according to Section V, then such
Franchise Ordinance shall be rendered null and void.
PASSED AND APPROVED on first reading this 10 day of December, 2013.
PASSED AND APPROVED on second reading this 19 day of December, 2013.
ATT ST:
Belinda Hinojosa, City Secre
APPROVED AS TO FORM:
Leslie Spear 'e: rce, ity Attorney
*, / sz � n ll ap, Mayor
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