Loading...
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 Ord. No. 13 -3603 SPS Franchise Amendment Page 1 of 4 9 10 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. SPS Franchise Amendment Page 2 of 4 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. Ord. No. 13 -3603 SPS Franchise Amendment Page 3 of 4 11 12 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 Ord. No. 13 -3603 SPS Franchise Amendment Page 4 of 4