2004F09-CPS-Electric/Gas FranchAN ORDINANCE
GRAN'HNG AN ELECTRIC AND GAS FRANCHISE TO
CITY PUBLIC SERVICE
WHEREAS, the City of Schertz has reviewed and is satisfied
with the qualifications of the Franchisee named below:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCII~ OF THE CITY
OF SCHERTZ, TEXAS:
Section 1. DESCRIPTION.
The City of San Antonio, acting by and'through the City Public Service Board, (CPS),
or the Franchisee, is granted a twenty-year franchise, commencing March 1, 2004, for
transmission, distribution and sale of electricity and gas within the City of Schertz
(City). CPS may construct, operate and maintain in, upon, over, under, and across the
present and future streets, alleys, public ways and places within the City all the
facilities CPS deems reasonably necessary for the rendition of safe, reliable and
economical electric and gas service (CPS Facilities).
Section 2. PAYMENT FOR STREET RENTAL.
CPS shall make a payment for street rental to the City in the mount of three percem
(3%) of CPS's gross receipts from the sale of electricity and gas within the City. "Gross
receipts" excludes uncollectibles. The payment for street rental shall be treated by CPS
as a system-wide cost of service, and shall not be identified separately on the customer
bill. The payment for street rental will reflect CPS's gross receipts 'for such sales, on a
quarterly basis and will be due to the City within sixty (60) days at, er the close of each
quarter in CPS's fiscal year.
Section 3. LIMITATION ON ASSESSMENTS.
The street rental charge is in lieu of all other fees or charges and the City shall not
impose or collect, nor attempt to impose or collect, any charge or fee in connection with
the construction, operation and maintenance of CPS Facilities within the City other than
the payment for street rental provided for under Section 2 above.
Section 4. AUDITS.
Upon written notice to CPS, the City shall be entitled, during normal working hours
and at reasonable intervals during the term of this agreement, to audit records of CPS
supporting the payment for slxeet rental, including customer lists, to the extent such
information is public information.
Section 5. CONSTRUCTION, OPERATION AND
FACILITIES.
MAINTENANCE OF
CPS may open cut sweets, curbs and sidewalks, bore, or utilize any other methods it
deems reasonably necessary to construct, operate and maintain CPS Facilities within
the City. The design and construction of CPS Facilities and CPS's access to and
restoration of paved surfaces shall be in accordance with CPS's design and construction
standards. Information concerning and copies of CPS's design and construction
standards shall be made available to the City upon request by the City. Street cuts and
restoration of paved surfaces shall be subject to ordinances that may be adopted by the
City to the extent that such requirements are not in conflict with the following
provisions.
a. Prior to starting any work, CPS shall give ten (10) daYs written notice of the
scope and duration 'of the work to the official designated by the City. Prior notice may
be reduced or waived by the City in order to allow the work to proceexl. In the event
CPS determines there is an emergency, CPS may act withom any prior notice, but shall
provide notice to the City as soon as practicable.
b. The surface of any street, alley, or public way or place, landscaping, and any
other improvement disturbed by CPS shall be restored by CPS within a reasonable time
after the completion of the work. Damages to landscaping and improvements caused
by CPS or its contractors shall be repaired to the original condition, reasonable wear
and tear excepted. No street, alley, or public way or place shall be encumbered by CPS
for a longer period than shall be reasonably necessary to execute the work. CPS shall
continue to maintain the integrity of the portion of any paved surface over CPS
Facilities, as restored by CPS during the work, as long as CPS Facilities remain in use
by CPS at that location.
Section 6. CIVIC IMPROVEMENTS.
The City shall give reasonable prior written notice of street repaving, widening or
straightening projects to CPS. CPS shall, at its expense, relocate CPS Facilities in
connection with activities reasonably related to the City's widening or ~ghtening of
streets.
Section 7. USE OF POLE SPACE.
CPS shall permit the City to use existing CPS poles for the City's communications
conductors used for the City's governmental purposes, to the extent CPS determines
space is available. Such use shall be subject to the City's execution of CPS's form of
contract for pole attachment and payment of the CPS fees applicable to such service.
Section 8. RATE SCHEDULES.
CPS shall offer to serve the City's accounts under the rate schedules most favorable to
the City, in accordance with CPS's Rules and Regulations applying to Electric and Gas
Service.
Section 9. FURNISHING OF INFORMATION.
Upon the City's request, CPS will make available to the City meeting agendas for City
Public Service Board meetings, information packets, and rote filings, and will arrange
periodic sessions for presentations by and discussions with knowledgeable CPS
employees.
Section 10. UNIFO~ FRANCHISE BENEFITS.
If at any time during the ten~ of this agreement, CPS enters into a fianchise agreement
for the provision of electric or gas service which provides increased financial benefits
to any incorporated community in excess of the percentages stated in Section 2, CPS
shall provide written notice of such event to the City. At the option of the City, which
must be exercised in writing within sixty (60) days afar the City's receipt of notice
from CPS, this agreement shall be amended to incorporate such increased financial
benefit. The amendment to the agreement shall be effective from the same date shown
in the franc~se with such other incorporated community.
Section 11. LIMITED INDEMNITY.
It is expressly understood and agreed by and between the City and CPS that CPS shall
indemnify and hold the City harmless from any and all loss sustained by the City on
account of any suit, judgment, claim or demand whatsoever to the extent that such loss
is attributed to the negligence of CPS, its agents or employees in the performance of
services under this franchise agreement.
Section 12. EFFECTIVE DATE.
This franchise agreemem shall become effective upon its acceptance by the City Public
Service Board. It shall supersede and take precedence over inconsistent ordinances,
resolutions, or regulations hereafter or heretofore passed by the City. The payments
provided for in Section 2 shall be effective for CPS's gross receipts from electric and
gas sales within the City commencing March 1, 2004, if this franchise agreement is
adopted by the City on or before April 15, 2004, and otherwise shall be effective for
CPS's gross receipts from electric and gas sales within the City commencing the first
day of the month following adoption by the City.
Section 13. HEADINGS.
The headings of the sections in this agreement are for organizational pm'poses only.
They have no separate meaning and shall not be read as aff~~g the langtmge of the
sections.
Section 14. CONTINUATION OF AGREEMENT.
This agreement shall remain in effect beyond the expiration of its term until a new
agreement becomes effective between the parties or until this agreement is terminated
by either party upon 180 days prior written notice, which notice may precede the
expiration date by not more than 180 days.
Section 15. ASSIGNMENT.
This agreement may be assigned by CPS upon mutual written agreement of the City
and CPS.
II
City of Schertz Ordinance No. 83-F-16 and any other ordinances and parts of
ordinances in conflict with this ordinance are hereby repealed.
Approved on first reading the .~/of March, 2004. /
PASSED, APPROVED AND ADOPTED the f pri~4.
i yor, C ty of S;h' i Z xas ......
ATTEST
City Secretary, City of Schertz, Texas
(Seal of City)
ACCEPTED:
City Public Service Board of the
City of San Antonio, Texas
By:
Title:
Date:
:I'HE STATE OF TEXAS,
County of Guadalupe
PUBLISHER'S AFFIDAVIT
Before me, the undersigned authority, on this date personally appeared
_'Z'o mm y- C
, known to me, who, being by me duly sworn, an
his oath deposes and says that he is the Publisher of The Seguin Gazette-Enterprise, a
newspaper published in said county; that a copy of the within and foregoing notice was
published in said newspaper [ time(s) before the return day named therein, such
publications being an the following dates:
and a newspaper copy of which is hereto attached.
Sw~ subscribed before me this
LY~/~.~ A.D. 2004.
day of
.... Notary Public, Guadalupe County, Texas
:rile STATE OF TEXAS,
County of Guadalupe
PUBLISHER'S AFFIDAVIT
Before me, the undersigned authority, on this date personally appeared
~omrny C ~'..o,,/
, known to me, who, being by me duly sworn, on
his oath deposes and says that he is the Publisher of The Seguin Gazette-Enterprise, a
newspaper published in said county; that a copy of the within and foregoing notice was
published in 'said newspaper [ time(s) before the retum day named therein, 'such
publications being on the following dates'
/ 1 oo¥
/
and a newspaper copy of which is hereto attached.
S w~~_~bscdbedbeforemethis.. /
, ~.D., 2004.
CAROL ANN AVERY ;:¢,,
;,7.
. ........... ... .... ~ ,
.... Notary Public, Guadalupe County, Texas