OR 2007-1155 TXU Electric Delivery
AN ORDINANCE OF THE CITY OF COPPELL
ORDINANCE NO. 2007-1155
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING ORDINANCE NO. 90493, AS AMENDED IN PART
BY ORDINANCE NO. 93602 AND 2002-1013, AMENDING THE
EXISTING FRANCHISE ORDINANCE BY AND BETWEEN THE
CITY OF COPPELL AND TXU ELECTRIC DELIVERY
COMPANY, A TEXAS CORPORATION, ITS SUCCESSORS AND
ASSIGNS, TO PROVIDE FOR AN AMENDED PAYMENT
SCHEDULE; PROVIDING AN EXTENSION OF THE FRANCHISE
TERM; PROVIDING FOR TXU ELECTRIC DELIVERY
COMPANY’S ACCEPTANCE; PROVIDING A REPEALING
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
A SAVINGS CLAUSE.
WHEREAS
, TXU Electric Delivery Company (“Company”), successor in
interest to Oncor Electric Delivery Company and Texas Utilities Electric Company, is
engaged in the business of providing electric utility service within the City of Coppell,
Texas (“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 a Letter Agreement to Resolve Outstanding Franchise
Issues, dated May 18, 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; and
WHEREAS,
the City Council has determined that the Franchise enacted by
Ordinance No. 90493, as amended by Ordinance No. 93602 and Ordinance No. 2002-
1013, be amended to provide for an amended payment scheduled and an extension of the
term as provided herein.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF
COPPELL, TEXAS, THAT:
SECTION 1.
That the franchise by and between the City of Coppell and TXU
Electric Delivery company, successors in interest to Texas Utilities Company and Oncor
Electric Delivery Company, is hereby amended by amending Section 8 of Ordinance No.
90493, as amended, which shall read as follows:
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“
SECTION 8. FRANCHISE FEE
AA final payment was made on or before May 15, 2006, based on
each kilowatt hour of electricity delivered by Company during the
preceding twelve (12)-month period ending March 31, 2006, 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 (12)-month period June 1, 2006 through May 31, 2007.
Effective August 15, 2006 the annual prospective payment
schedule is hereby changed to a quarterly prospective schedule as
follows:
Payment Due Date Base Period Privilege Period
(Following Year)
August 15 Apr. 1-June 1 June 1-Aug. 31
November 15 July 1-Sept. 30 Sept. 1-Nov. 30
February 15 Oct. 1-Dec. 31 Dec. 1-Feb. 28 (29)
May 15 Jan. 1-Mar. 31 Mar. 1-May 31
The first quarterly payment will be due and payable on or before
August 15, 2006, based on the period beginning April 1, 2006 and
ending June 30, 2006 for the rights and privileges granted under the
franchise during the period beginning June 1, 2007 and ending
August 31, 2007. If this franchise amendment is not effective prior
to the first quarterly payment date, Company will pay any quarterly
payments due within 30 days of the effective date of this
amendment. 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 August 15, 2014, for the
rights and privileges beginning June 1, 2015 and ending August 31,
2015.
After the final payment date of August 15, 2014, 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 and that such continued payments will be
recognized in any subsequent franchise agreement as full payment
for the relevant quarterly periods; and”
SECTION 2.
That Section 1A of Ordinance No. 90493 is hereby amended by
extending the term of the franchise from October 1, 2010 to August 31, 2015, as follows:
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"SECTION 1.
THE FRANCHISE
A. That there is hereby granted to TXU Electric Delivery company,
successors in interest to Texas Utilities Company and Oncor Electric
Delivery Company, its successors and assigns, the right, privilege and
franchise until August 31, 2015 ....."
SECTION 3. That Ordinance Number 90493, as amended by Ordinance No.
93602 and Ordinance No. 2002-1013, shall remain in full force and effect, save and
except as amended by this ordinance.
SECTION 4. That all provisions of the Ordinances of the City ofCoppell, Texas,
in conflict with the provisions of this ordinance be, and the same are hereby, repealed,
and all other provisions of the Ordinances of the City not in conflict with the provisions
ofthis ordinance shall remain in full force and effect.
SECTION 5. That should any word, sentence, paragraph, subdivision, clause,
phrase or section of this ordinance, or of the Code of Ordinances, as amended hereby, be
adjudged or held to be void or unconstitutional, the same shall not affect the validity of the
remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which
shall remain in full force and effect.
SECTION 6. That this ordinance shall take effect immediately from and after its
passage as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the
Z7'1f- day of~ Il../uAff ,2007
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ATTEST:
ROBERT E. HAGER, CITY
(REWcdb 11/09/06)
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