Ord 095-2002 11/5/2002 ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, AMENDING THE EXISTING ELECTRIC FRANCHISE
BETWEEN THE CITY AND ONCOR ELECTRIC DELIVERY COMPANY,
TO PROVIDE FOR A DIFFERENT CONSIDERATION; PROVIDING AN
EFFECTIVE DATE; PROVIDING FOR ACCEPTANCE BY ONCOR
ELECTRIC DELIVERY COMPANY; FINDING AND DETERMINING THAT
THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS
OPEN TO THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, Oncor Electric Delivery Company, successor in interest to TXU
Electric Company (hereinafter called "Oncor") is engaged in the business of providing
electric utility service within the City and is using the public streets, alleys, grounds and
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 Oncor;
and
WHEREAS, the City and Oncor desire to amend said franchise ordinance to
provide for a different consideration.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1 : The existing electric franchise ordinance between the City and
Oncor Electric Delivery Company is amended as follows:
A. Effective January 1, 2002, the franchise fee due from Oncor shall be a
sum comprised of the following:
(1) a charge, as authorized by Section 33.008(b) of PURA, based on
each kilowatt hour of electricity delivered by Oncor to each retail
customer whose consuming facility's point of delivery is located
within the City's municipal boundaries and as specified by Oncor to
the City by letter dated January 21, 2002.
(a) The franchise fee due pursuant to Section 33.008(b) of
PURA shall be payable in accordance with the existing
electric franchise; and
(2) a sum equal to four percent (4%) of gross revenues received by
Oncor from services identified in its "Tariff for Retail Delivery
Service", Section 6.1.2, "Discretionary Service Charges," items
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DD1 through DD24, that are for the account or benefit of an end-
use retail electric consumer.
(a) The franchise fee amounts based on "Discretionary Service
Charges" shall be calculated on an annual calendar year
basis, i.e., from January 1 through December 31 of each
calendar year.
(b) The franchise fee amounts that are due based on
"Discretionary Service Charges" shall be paid at least once
annually on or before April 30 each year based on the total
"Discretionary Service Charges" received during the
preceding calendar year.
B. Oncor Fee Recovery Tariff
(1) Oncor may file a tariff amendment(s) to provide for the recovery of
the franchise fee on Discretionary Service Charges.
(2) City agrees (i) to the extent the City acts as regulatory authority, to
adopt and approve that portion of any tariff which provides for
100% recovery of the franchise fee on Discretionary Service
Charges; (ii) in the event the City intervenes in any regulatory
proceeding before a federal or state agency in which the recovery
of the franchise fees on such Discretionary Service Charges is an
issue, the City will take an affirmative position supporting the 100%
recovery of such franchise fees by Oncor and; (iii) in the event of an
appeal of any such regulatory proceeding in which the City has
intervened, the City will take affirmative position in any such
appeals in support of the 100% recovery of such franchise fees by
Oncor.
(3) City agrees that it will take no action, nor cause any other person or
entity to take any action, to prohibit the recovery of such franchise
fees by Oncor.
SECTION 2: In all respects, except as specifically and expressly amended by
this ordinance, the existing effective franchise ordinance heretofore duly passed by the
governing body of the City and duly accepted by Oncor shall remain in full force and
effect according to its terms until said franchise ordinance terminates as provided
therein.
SECTION 3: This ordinance shall take effect as provided by the City Charter and
Oncor's acceptance. Oncor shall, within thirty (30) days from the passage of this
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ordinance, file its written acceptance of this ordinance with the Office of the City
Secretary in substantially the following form:
To the Honorable Mayor and City Council:
Oncor Electric Delivery Company, acting by and through the undersigned
authorized officer, hereby accepts in all respects, on this the /3 day
of A/a,/ , , 20 cr2--, Ordinance No. 01_5-2 z- amending the
current electric franchise between the City and Oncor and the same shall
constitute and be a binding contractual obligation of Oncor and the City.
Oncor Electric Delivery Company
By: Lt,gitL,!i_/
4001
re President '
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SECTION 4: It is hereby officially foun• . d determined that the meeting at
which this Ordinance was passed was open to the public as required by law and that
public notice of the time, place and purpose of said meeting was given as required.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS, TEXAS, this the 5th day of November, 2002, at which meeting a
quorum was present and voting.
(AJ.J ,,.,, le...
Mayor
ATTEST:
11 11 s -.D
City 1 lerk
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APPROVED AS TO FORM:
72Z/1—:—
City Attorney
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