Ord 60-2006 8/1/2006 � •-
ORDINANCE NO. 10O��lJ
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, AMENDING EXISTING FRANCHISE ORDINANCE
BETWEEN THE CITY OF WICHITA FALLS AND TXU ELECTRIC
DELIVERY COMPANY, A TEXAS CORPORATION, ITS SUCCESSORS
AND ASSIGNS, TO PROVIDE FOR A DIFFERENT PAYMENT
SCHEDULE; PROVIDING AN EXTENSION OF THE FRANCHISE TERM;
PROVIDING FOR TXU ELECTRIC DELIVERY ACCEPTANCE; FINDING
AND DETERMINING THAT THE MEETING AT WHICH THIS
ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW.
WHEREAS, TXU Electric Delivery Company, successor in interest to Oncor
Electric Delivery Company (hereinafter called "Company") is engaged in the business of
providing electric utility service within the City of Wichita Falls, Texas (hereinafter called
"City") and is using the public 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 Company; and,
WHEREAS, pursuant to Agreement to Resolve Outstanding Franchise Issues
dated January 27, 2006, the City has requested and Company has agreed to amend
said franchise ordinance to provide for a different payment schedule and an extension
of the term.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. The franchise, as amended, between the City and Company is
amended as follows:
A. A final annual payment was made on or before March 15, 2006, based on
each kilowatt hour of electricity delivered by Company during the twelve-month period
ending December 31, 2005, to each retail customer whose consuming facility's point of
delivery is located within the City's municipal boundaries. This payment was for the
rights and privileges granted under the franchise for the twelve-month period of
January 1, 2006 — December 31, 2006.
Effective June 15, 2006, the annual prospective payment schedule is hereby
changed to a quarterly prospective schedule as follows:
. �•
Pa ment Due Date Basis eriod Pri�ile `e Period Followin Year'
June 15 Jan. 1— Mar. 31 Jan. 1— Mar. 31
Se tember 15 A r. 1— June 30 A r. 1— June 30
December 15 Jul 1— Se t. 30 Jul 1— Se t. 30
March 15 Oct. 1— Dec. 31 Oct. 1— Dec. 31
The first quarterly payment will be due and payable on or before June 15, 2006,
based on the period beginning January 1, 2006 and ending March 31, 2006, for the
rights and privileges granted under the franchise during the period beginning January 1,
2007, and ending March 31, 2007. Subsequent payments will be made on a quarterly
basis as provided in the above schedule. The final payment under this Franchise will be
made on or before March 15, 2015, based on the period beginning October 1, 2014
and ending December 31, 2014, for the rights and privileges beginning October 1, 2015
and ending December 31, 2015.
After the final payment date of March 15, 2015, Company may continue to make
additional quarterly payments in accordance with the above schedule. City
acknowledges that such continued payments will correspond to privilege periods that
extend beyond the term of this franchise an that such continued payments will be
recognized in any subsequent franchise agreement as full payment for the relevant
quarterly periods; and,
B. The term of the franchise is hereby extended for an additional five years
to expire on December 31, 2015.
SECTION 2. In all respects, except as specifically and expressly amended by
this ordinance, the franchise heretofore duly passed by the governing body of the City
and duly accepted by Company shall remain in full force and effect according to its
terms until said franchise ordinance terminates as provided herein.
SECTION 3. This ordinance shall take effect upon its final passage and
Company's acceptance. Company shall, within sixty (60) days from the passage of this
ordinance, file its written acceptance of this ordinance with the Office of the City Clerk.
SECTION 4. It is hereby officially found and determined that the meeting at
which this ordinance was passed was open to the public as required by law.
PASSED AND APPROVED this the 1 day of August, 2006.
pn
M Y O R PRO EM
ATTEST:
C y Clerk