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1983F16-GRANTING A FRANCHISE TO THE CITY OF SAN ANTONIO ORDINANCE NO. g3-r-r-/c' {!f'S AN ORDINANCE GRANTING A FRANCHISE TO THE CITY OF SAN ANTONIO FOR THE DISTRIBUTION OF ELECTRICITY AND PROVIDING FOR THE PAYMENT OF A RENTAL FOR THE USE OF THE STREETS, ALLEYS AND PUBLIC WAYS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ: SECTION 1. That the City of San Antonio, a municipal corporation of the State of Texas, and its assigns, hereinafter called "Grantee," is hereby granted, for a term of twenty years from and after December 1, 1983, the right to construct, maintain and operate within the City of Schertz, Guadalupe and Comal Counties, Texas, hereinafter called "City," electric distribution facilities for the purpose of furnishing said City and the inhabitants thereof and adjacent thereto, electric energy for lights, power, heat, and such other uses to which electric energy is now or may be hereafter applied; and for such purposes the said Grantee and its assigns is hereby given the right to place, construct, lay and maintain in, on and under the public streets, alleys and public ways of grantor City at such locations as may conform to valid ordinances and regulations of the City, for the period aforesaid, all necessary poles, crossbeams, brackets, wires, conduits, manholes and other apparatus and appliances requisite or proper for the operation of electric distribution system. SECTION 2. The rights, privileges and permits herein granted shall at all times be subject to the valid ordinances and regulations of the said City regulating and controlling the location of electric poles and facilities, and to all other present and future valid ordinances and regulations of the City. SECTION 3. Said Grantee and its assigns, so long as any of the rights granted hereunder are exercised, shall pay to the City as a rental charge for the use of said streets, alleys and public ways two per cent of its gross receipts from the sale of electric energy in grantor City, such payment to be in lieu of and shall cover all charges and impositions of every kind based upon the distribution or sale of electric energy and the use of streets, alleys and public ways of the City. SECTION 4. On or before one month after the close of each three-month period after the date of this Ordinance, and consistent with the grantee's quarterly system which begins on February 1st of each year, the grantee shall furnish payment to grantor City of an amount equal to two per cent of the gross receipts from the sale of electricity in the grantor City during such three-month period, and the grantor City shall be entitled, through its representatives, during normal working hours to audit all books and records relating to such receipts. SECTION 5. This Ordinance shall not become effective as to any of its terms unless within thirty days after its passage it is accepted in writing by the City Public Service Board PASSED AND APPROVED this of the City of San Antonio acting for -tL ... t, day of /Jo, ''''~ /9'1"3 the Grantee. ~ ATTEST: (i. j.. .........J.Jj II r --:J IJ 'J c', ).J-/ .!JI' 2J-'-JJ ~JJ ~ ~ -:;;....- 1400 LIVE OAK ROAD P.O. DRAWER I SCHERTZ, TEXAS 781~ AC (512) 658.7477 on tlw GrO~ ~ :~~" -'~ :'i'-h'''~<(,~ ~_ JIl>-,.., - - -"""y::~- - -~'tL[u}t. \\':':'\)~_\ JUNE G. KRAUSE DEPUTY CITY MANAGERI CITY SECRETARY December 8, 1983 Charles W. Scott, P.E. Superintendent, Eng. & Tech. Division City Public Service P.O. Box 1771 San Antonio, Texas 78206 Dear Mr. Scott: Enclosed are two executed copies of our ordinance No. 83-F-16, granting a franchise to the City of San Antonio acting through City Public Service for the distribution of electricity in the City of Schertz, Texas. After execution by your General Manager, please return one copy for our fil es. If further information is required, please give us a call. Sincerely, June G. Krause Deputy City Manager JGK/jk enc. City Public Service of San Antonio,Texas November 30, 1983 Mr. Jimmy G. Gilmore City Manager City of Schertz 1400 Live Oak Road P. O. Drawer 1 Schertz, Texas 78154 Dear Mr. Gilmore: Two copies of the proposed franchise to the City of San Antonio acting through City Public Service for the distribution of electricity in the City of Schertz, Texas are enclosed for review and action by your City Council. When passed by your Council, please place the ordinance number on both copies, have them signed by your Mayor and City Secretary and return all documents to me for execution by our General Manager. If we may provide additional information or be of service in any way, please call on us. Sincerely, ~o~~ Superintendent Engineering and Technical Division CWS:tgf Enclosures Navarro at Villita/P.O. Box 1771 San Antonio, Texas 78296 (512) 227-3211 ACCEPTANCE OF FRANCHISE GRANTED BY THE CITY OF SCHERTZ CONTRACT ADMINISTRATION DEe 201983 BEVW'DC6fJ?.. ~ Q The franchise ordinance adopted by the governing body of the City of Schertz on the 6th day of December, 1983, is hereby accepted by the City Public Service Board of San Antonio acting for the City of San Antonio, as provided in Section 5 of said ordinance. As stated in Section 4 of said ordinance, sales and revenue statistics will be collected commencing with the start of grantee's next fiscal quarter on February I, 1984, and the first payment to be rendered will be due approximately May 31, 1984. Signed and delivered this ~tday of December, 1983 BOARD By Signed duplicate original of foregoing acceptance received this 27th day of December, 1983 , in behalf of the City of Schertz. City Public Service of San Antonio,Texas December 22, 1983 Mr. Jimmy G. Gilmore City Manager City of Schertz 1400 Live Oak Road P. O. Drawer 1 Schertz, Texas 78154 Dear Mr. Gilmore: A copy of Ordinance No. 83-F+16 granting the City of San Antonio acting through City Public Service for the distribution of electricity in the City of Schertz, Texas is enclosed for your records. Also, please find enclosed two copies of the acceptance document. Please have these documents executed by your Mayor Earl W. Sawyer and return one copy to me. We look forward to a continued good working relationship with your city. aJ k--..-- Charles W. Scott, P.E. Superintendent Engineering and Technical Division CWS:tgf Enclosures Navarro at Villita/P.O. Box 1771 San Antonio, Texas 78296 (512) 227-3211 rt:J f'[ 11.P ~ 'J IJ 'J c' ').J-/ 2J-'-JJ .!::JJ ~ on Ih(' (;r()~ ~wm~ ('-/~":-"": '!,,~~' ............. 1400 LIVE OAK ROAD P.O. DRAWER I SCHERTZ, TEXAS 78154 AC (512) 658.7477 JIMMY G. GILMORE CITY MANAGER December 27, 1983 Mr. Charles W. Scott, P.E. Superintendent, Eng. & Technical Div. City Public Service P.O. Box 1771 San Antonio, Texas 78296 Dear Mr. Scott: We acknowledge receipt of copy of our ordinance No. 83-F-16 granting the City of San Antonio acting through City Public Service for the distribution of electricity in the City of Schertz, Texas. We are returning copy of the Acceptance of Franchise granted by the City of Schertz, executed by Mayor Earl W. Sawyer. We look forward to working with you throughout the year. Sincerely, JGKj j k enc. r.'J' ~ tJ\i" cb;l< <.1;. p.,:, ....~~p;. ..t' j('t~:. /.It . CIT""Y OF KIRB""Y 112 BAUMAN STREET SAN ANTONIO. TEXAS 782.19 AREA CODE 512 661-4671 & Ml.J198 TO: All Mayors/City Managers, All United Suburban Cities Subject: New Franch i se Agreement with City Pub 1 i c Serv i ce of San Anton io (CrS) Upon receipt of this letter you should have received from CPS its letter dated May 30, 1990 which transmitted to you a copy of the latest franchise agree- ment offering as finally approved by the CPS Board of Trustees on Tuesday, 11ay 29th. The USC Steering Committee met on Thursday, May 31st, to consider its recom- mendation to member cities regarding the new agreement. After full discussion and consideration, including comments relayed from our negotiating attorney, Cathy Lee Jordan, the Steering Committee voted to recommend to member cit ies that they each consider approval of the new contract in light of the individual needs and concerns of each city. We believe that with the results thus far achieved, we have gone about as far as we can with group negotiations and we believe that the results achieved are, overall, very substantially advantageous to suburban cities. There may be some details a particular city may want to negotiate further about with CPS, such as CPS compliance with a City's special street engineering and construction standards rather than the standards adopted for application by CPS (of which you shou 1 d ha ve a copy); bu t otheri'll se we be 1 i eve the offered agreement wi 11, if adopted, constitute a large step upward in our relationship with CPS. Our legal counsel is of the opinion that approval by suburban cities of the new agreement would not hazard our cities taking subsequent remedial "action" as opposed to "negotiations" should a rate increase be imposed by CPS or the need arise for "Home Rule" cities to institute rate-fairness hearings upon their own initiative. We have come a long way and realized substantial achievements in over two years of strenuous talks, meetings and negotiations with CPS. It is clear that none of these achievements could or would have occurred but for the USC deter- mined effort. To all of you who steadfastly stayed the course and supported us in the battle, goes the credit and the congratulations. All would have been lost without you. Thank you for your wise counsel and support. Sincerely, tJ~L~~ - Warren Larck Chairman, Steering Committee f 1400 SOIERTZ PARKWAY P. O. DRAWER I SCIIERTZ, TEXAS 78154-0890 AC (512) 658-7477 KERRY R. SWEAlT OTY MANAGER June 11, 1990 Mr. Howard Freeman Assistant General Manager, Finance City Public Service of San Antonio, Texas P.O. Box 1771 San Antonio, Texas 78296 Mr. Freeman: Enclosed is a copy of the City Ordinance adopted by our City Council, on first read- ing, providing for a franchise amendment. ( Inasmuch as Ordinance No. 83-F-16 currently exists, this reVISIon to the franchise is provided as an amendment thereto. We believe the changes and additions to the form transmitted with your letter of May 3,' 1990 reflects a more real istic and equitable agreement and are very pleased to report favorable action by our City Counc il . As provided under our City Charter provlslons, formal "acceptance" by CPS is a pre- requisite for final action on this matter. We appreciate the spirit of cooperation and efforts to reach a satisfactory agree- ment exhibited by your office and look forward to a long and pleasant relationship. Please let us know if we can furnish other information or be of assistance in any way. Thank you. Si~cerely, ,.,) "~--JL~.,-Q. Kerry:f3~~att . City Manager KRS/db Encl: City Ordinance No. 83-F-16 (Amended) cc : Mayor Members of City Council City Attorney < ~ KERRY R. SWEATI OTY ~"iAGER Ju 1 y 2, 1990 Mr. Howard Freeman Assistant General Manager City Public Service P.O. Box 1771 San Antonio, Texas 78296 V' RE: Franchise Amendment - Your Letter of June 18, 1990 Mr. Freeman: ~: We have received your June 18 response to the City Oouncil action on this matter and are very disappointed! The City of Schertz action through the passage, on first reading, of the amend- ment transmitted with our June 11 letter, clearly expresses our policy in this matter. We do not agree with your conclusion that service can most effectively be accomplished through a single standard contract, inasmuch as a substantially different agreement no only has existed with our City since 1933, but will con- tinue to do so with the failure of your board to favorably act on the "accep- tance" of the City of Schertz amendment. Apparently, one of the concerns relating to the proposed amendment includes such matters as oompliance with various City of Schertz ordinances; however, please be reminded, the current franchise agreement specifically prescribes that rights, privileges, and permits granted under the franchise agreement are subject to all ordinances and regulations of the City. Please consider this letter as City of Schertz formal request for acceptance or rejection of the proposed franchise amendment transmitted to you by our June 11, 1 990 1 etter. Please let us know if we can furnish other information. Thank you. Sincerely, t~--RC}" ~~ Kerry R. Sweatt City Ma nager KRS/db cc: Mayor and City Council City Attorney June 21, 1990 TO: Mayor and City Council FROM: Kerry R. Sweatt, City Manager iJ~ SUBJECT: CPS Response to Franchise Matters Attached is a copy of CPS June 18 response to our letter and proposed franchise amendmen t. Due to the volume of material, we have not included copies of the original CPS franchise ordinance, or the revision adopted by the City Council on first read- ing on June 5, as I believe the CPS letter clearly indicates the areas of dif- ference. For your information, several cities including Converse and Universal City, who receive substantially more in franchise fees, have adopted the CPS proposed franchise amendment. While certainly the approximate increase of $6500. to $7000. per year in franchise fee from CPS with the increase from 2% to 3% is a factor, I do not believe the payment is sufficient to abdicate our rule making and re- sponsibility to insure the integrity of our streets. Inasmuch as our current franchise ordinance does not "give away" street cut responsibility, I believe we can continue to Expect CPS to meet our ordinances on this topic. -' '~.' I" --j . , - L. ::, ". - Ii' '-,~. it.- r\ .~.;"s.: -~~,......" City Public Service of San Antonio,Texas June 18, 1990 Mr. Kerry R. Sweatt City Manager City of Schertz 1400 Schertz Parkway P. O. Drawer 1 Schertz, Texas 78154-0890 RE: CPS Franchise Agreement Renewal Dear Mr. Sweatt: , I appreciate the Schertz City Council's prompt action in considering and acti!1g on a franchise renewal for CPS; however, far a number of reasons, I cannot recommend to the City Public Service Board acceptance of a franchise agreement which includes the revisions contained in the agreement approved by your Council. First, we believe CPS can most efficiently and cost-effectively serve the incorporated communities in its service area through a single standard contract in the form approved by the CPS Board, based on the extensive negotiations conducted over the past two years. Several cities have now approved this form of agreement. In fairness to all the cities, CPS is not willing to make special agreements inconsistent with the agreement form negotiated with the USC representatives. In particular, CPS's agreement to pay an increased franchise fee was largely made in an effort to achieve an agreement under which CPS would be entitled to use its own high standards without being subject to multiple and inconsistent standards or permit requirements of the various cities. The increased fee was also conditioned on its being in lieu of all other fees and charges which might be assessed in connection with CPS's construction, maintenance and operation activities. Navarro at Villita/P.O. Box 1771 San Antonio, Texas 78296 (512) 227-3211 Mr. Kerry R. Sweatt June 18, 1990 Page -2- With respect to landscape matters, CPS has always maintained a good reputation for restoration of landscaping in areas in which it accesses its facilities, and we intend to continue that .policy under the provisions of the new agreement. In connection with pole attachments, which have in the past been available only to other utilities, we believe the standard nominal fee charged to other users is reasonable and an appropriate mechanism for recouping CPS's costs. CPS is willing to propose for approval by the CPS Board language along the following lines as an addendum to the franchise agreement: ;os Liability. 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 such loss is caused by negligence on the part of CPS, its agents or employees in the performance of services under this franchise agreement. 0- I hope the Schertz City Council will see fit to approve the franchise agreement in the form adopted by the CPS Board as transmitted by my letter of May 30. We look forward to continuing a cooperative and mutually beneficial relationship with Schertz. Yours sincerely, J~6t-.. Howard Freeman Assistant General Manager for Finance J I ..'. 1.. ~ I.f:.' ,;..... ;.:.~~nl~ ~! f ," =.~p~~""'" -~:_-.y.:..~:;;~:..:.~.::. ... City Public Service of San Antonio,Texas July 2, 1990 Mayor Earl W. Sawyer City of Schertz P. O. Drawer I Schertz, Texas 78154 Dear Mayor Sawyer: At its meeting of June 25, 1990, the city Public Service Board of Trustees approved the following language as an addendum to the franchise agreement form sent to you by my letter of May 30, 1990: "Liabilitv. 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 such loss is caused by negligence on the part of CPS, its agents or employees in the performance of services under this Franchise Agreement." CPS believes that this is a clause which is favorable to your city and will consider this provision to be part of the franchise agreement being offered to your city. You may wish to incorporate this clause into the form of our proposed agreement as paragraph 15. I hope your Council will favorably consider this form of agreement in the near future. CPS looks forward to servina vour communitv under the renewed fr<mchise in order to begin-p~ying your city the increased franchise fee. Please call if we can answer any questions or be of assistance. Yours very truly, _ c::::;..f ~. .. ~~ Howard Freeman Assistant General Manager for Finance HF:tp Navarro at Villita/P.O. Box 1771 San Antonio. Texas 78296 (512) 227-3211 I 1., :~ . ..Ec, ,;...;r, ~1~::~~;::. " ~ ~ City Public Service of San Anlonio,Texas July 24, 1990 Mr. Kerry R. Sweatt city Manager The city of Schertz P. O. Drawer I Schertz, Texas 78154-0890 RE: Franchise Clarification Dear Kerry: As a followup to our recent meeting, I am writing to clarify on behalf of CPS the manner in which CPS intends to inter- pret and implement certain aspects of the franchise agreement form sent to you by my letter of May 30, 1990: 1. CPS does not construe the limitation on other fees set out in section 3 to prohibit the assessment of a reason- able building permit or related fee assessed in connection with CPS construction of a building or customer service center in Schertz. Conversely, no fee could be assessed in connection with construction of a substation or other electrical facility. 2. Under the new agreement form, CPS will continue to restore landscape and improvements in areas disturbed by its excavation work as carefully as it has been done under its past practice, and we do not intend that that policy will be changed or mitigated by the language in section 5.2. 3. Although CPS's design and construction standards will undoubtedly change during the term of the agreement, CPS commits that the standard for street surface repair will not be less stringent during the term of the agreement than the standard set out in Exhibit A, attached hereto. These clarifications may be relied on by Schertz throughout the term of the agreement. We hope that our understandings on these matters, together with CPS's continuing commitment to provide excellent service at the lowest possible cost, will allow us to move forward with a mutually beneficial accord. Navarro at Vil\ita/P.O. Box 1771 San Antonio, Texas 78296 (512) 227-3211 The City of Schertz -2- July 24, 1990 After additional discussions, the staff believes that we should pursue the new franchise agreement offered to the City of Schertz, as well as to all other cities served by CPS, rather than amend the existing agreement. The new agreement will provide uniformity, a twenty-year term, and other terms and conditions negotiated with your representa- tive, Ms. Jordan, and the united Suburban cities. Please let me know if you need any additional information on this matter. Yours very truly, ~~~ Howard Freeman Assistant General Manager for Finance HF:tp Attachment , ...- 1.... .- 1::(.:" .~_.... ~-~.nr: ~! f'._ ...~_._J,&l;;....... p ...:',."'.:-..-.....':'...y.... .:.:,..,..?:'~:;.;,,;_..-:.: ". City Public Service of San Antonio,Texas May 30, 1990 Mr. Kerry R. SWeatt City Manager of the City of Schertz P. O. Drawer I Schertz, Texas 78154 Dear Mr. SWeatt: Attached is a copy of the form of franchise agreement approved by the City Public Service Board of Trustees at its meeting held yesterday, May 29, 1990, after many m::mths of negotiations with suburban cities, their representatives, and the CPS staff. 'Ibis agreement is for use with all suburban cities served by CPS. The form and con::litions of this agreement were adopted upon the recommenda- tion of a Subcommittee of the Board after considering the written positions of negotiations which have covered approximately two year's time. 'Ihis agreement differs from the staff proposal sent to you in October, 1989, in a number of respects which are more beneficial to your City. In particular, the 50 percent increase in the franchise fee, from the current two percent to three percent, is noN made effective immediately, rather than being phased in over a four-year period. CPS will accommodate this direct increase without requiring an advance in any schedule for rate increases as a result of other cost reduction measures which have been put into effect. Additionally, the franchise fee will be increased on revenues billed on or after March 1, 1990, if the franchise agreement is adopted by your city on or prior to June 30. For adoption after June 30, the fee increase will commence to accrue beginning the first of the month following adoption. other changes which are included in the Board-approved agreement include: a reduction in the term of the agreement to twenty years. the opportunity for use, by your City, of CPS's utility poles for attachment of City c:omrmmications conductors. the biennial review, by CPS, of rates applying to your city's municipal facilities to ensure that the rate schedules most favorable to the City are being utilized. CPS will provide infonnation relating to rate filings and meetings of its Board of Trustees upon request by your city, as well as schedule briefings of the City by knowledgeable CPS staff members. Navarro at Villita/P.O. Box 1771 San Antonio, Texas 78296 (512) 227-3211 In general, the language of the October, 1989, form of agreement has been streamlined to =eate a shorter agreement form. You will also fin:J. that language in the prior version relating to future action by the Texas legislature affecting street rental charges, which some suburban cities found objectionable, has been eliminated. Although the agreement form has been shortened, the benefits providErl for in the earlier version have been retained. For exa:rrple, CPS's commitment to main- tain the integrity of all paved surfaces which have been replaced in connection with CPS work on its facilities is still a part of the agreement. Likewise, your City's audit rights as to re=rds relating to the street rental fee, and CPS relcx::ation of its facilities at its own cost in cormection with street widening or straightening by your City continue to be a part of the franchise agreement. A survey by the staff found that no municipal utility in Texas pays a fran- chise fee greater than two percent of its billErl revenues to an incorporated area, unless the aIOClUI1t over two percent is billed back to only the residents of the incorporated area. This survey also shCMed that of the investor-owned gas and electric utilities, which aaxlilllt for 1,819 franchise agreements, ninety percent pay fees of three percent, or less, or bill the franchise fee back, totally or partly, to only the residents of the incorporated area. The agreement attachErl makes clear that the three percent fee is to be recoverErl by CPS on a system-wide basis and will not be surchargErl to ratepayers in your City. In addition, the agreement continues to provide that, if any fee higher than three percent is agreed to by CPS with another city at any ti1ne during the twenty-year period coverErl by this contract, your City will have the oPPJrtunity to enter into the same agreement with CPS. CPS looks forward to continuing a cooperative partnership with you in serv- ing the gas and electric needs of your citizens. We hope that your council will execute the attachErl, Board-approved franchise agreement which we believe is fair and equitable to both parties. Please let me knc:M if you would like for a repre- sentative of CPS to meet with you or your council to discuss any aspects of the new agreement form. Yours very truly, c9-~,~" ..-.J HCMard Freeman Assistant General Manager for Finance HF:tp Attachment /' ~y""",..;.' ',".""... KERRY R. S\\'EArf an. ~l.\NAGER Septembe r 20, 1990 City Public Service Mr. Howard Freeman P.O. Box 1771 San Antonio, Texas 78296 Re: City Public Service Cable Installation Specifications ~lr. Freeman: You earlier furnished copies of City Public Service specifications for trenching and backfill ~Ihich you requested be accepted in lieu of current requirements. We have reviewed the C.P.S. specifications with comparison to those of the City of Schertz and find differences that would preclude our acceptance of the C.P.S. specifications. Areas of major differences include: City of Schertz specifications prOVloe: trench compaction in six (6) to eight (8) inch lifts with 95% standard density compaction; hot'mix-hot lay asphaltic concrete use in trench repair applied at the rate of 165 pounds/square yard compacted to 1l;; inch thickness; repairs to be eighteen inches on each side, \.lider than ditch excavation; concrete base to rest on at least 12" of undisturbed soil on each side of the ditch; and reinforcing material for sidewalk and driveway repairs to be not less than 6x6x6 WlvF (0.12 square inches per square foot). As described in our July 2, 1990 letter, current ordinance and pol icy requires a permit prior to any trenching or open cutting of City streets, and the existing franchise ordinance stipulates compliance with all 1 oca 1 codes. Please let us know if we may furnish other information. KRS/db ORDINANCE NO. AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AMENDING CITY aRDINANCE NO, 83-F-16, GRANTING A FRANCHISE TO. THE CITY OF SAN ANTONIO ACTING BY ANDTHRaUGH THE CITY PUBLIC SERVICE BaARD FOR THE DISTRIBUTIaN OF ELECTRICITY AND PRaVIDING FaR THE PAYMENT aF A RENTAL FOR THE USE aF STREETS, ALLEYS AND PUBLIC WAYS, ADaPTING RULES AND RELATED MATTERS. I Description. The City of San Antonio, acting by and through the City Public Service Board, ("CPS"), is granted a twenty-year franchise corr~encing JUNE 5, 1990, for transmission, distribution and sale of electricity within the City of Schertz ("City") , CPS may construct, operate and maintain in, upon, over, under, and across the present and future streets, alleys and public ways and places within the City all the facilities CPS deems reasonably necessary for the rendition of safe, reliable and economical electric service ("CPS Facilities.") - II Payment for Street Rental. CPS shall make a payment for street rental to the City in the amount of three percent(3%) of CPS's gross receipts from the sale of electricity and ~a3 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: II ( 1) The payment for street rental wi 11 ref lect CPS' s gross receipts on a quarterly basis and will be due the City within thirty days after the close of each quarter in CPS' s fiscal year. III Limitation on Assessments, The street rental charge is in lieu of other fees or charges for street and alley use; however, shall not be exclusive of such charges as permit fees or charges for services. IV 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 street rental, including customer lists. v Construction, Operation and Maintenance of Facilities. CPS may open cut streets, curbs and sidewalks, or bore, subject to City Ordinance and permit requirements where necessary to construct, operate and maintain CPS Facilities within the City. The design and construction of CPS Facilities and CPS's access to and restora.tion of paved surfaces shall be in accordance with CPS's design and construction standards, acceptable to City. V( 1) Prior to starting any work, CPS shall give ten days written notice of the scope and duration of the work to the official designated by the City Manager. Prior notice may be reduced or waived by the City in order to allow the work to~. proceed. In the event CPS determines there is a bona fide emergency, CPS may act without any prior notice, but shall provide notice to the City as soon as practicable. V( 2) The surface of any street, alley, or pub 1 ic way or place disturbed by CPS shall be restored by CPS within a reasonable' time after the completion of the work. No street, alley, or public way or place shall be encumbered by CPS for a longer period ~han 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 at that location during the work as long as CPS facilities remain in use by CPS at that location. CPS shall replace or restore landscaping or improvements disturbed by CPS installation, repair or construction work. VI Civic Improvements. The City shall give reasonable prior written notice of street paving, 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 straightening of streets. VII Use of Pole Space. CPS shall permit the City to use existing CPS poles for the City's communications conductors used for the Ci tv'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; however, no fee shall be charged-by CPS to the City for the use thereof. VIII Rate Schedules. At least every two years, CPS shall analyze the City's pattern of electrical consumption, and shall offer to serve the City's municipal load under the rate schedules most favorable to the City, in accordance with CPS's Rules and Regulations applying to Electric Service. IX 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 rate filings ," and will arrange periodic sessions for presentations by and discussions with knowledgeable CPS employees. X Uniform Franchise Benefits. If at any time during the term of this agreement CPS enters into a franchise agreement for the provision of electric service which provides increased financial benefits to. any incorporated community in excess of the percentages stated in SECTION II, CPS shall provide written notice of such event to the City. At the option of the City, which must be exercised in writing wi thin 45 days after the City's receipt of notice from CPS, this agreement may be amended with the form of franchise agreement entered into with such other incorporated community. The new agreement shall be effective from the same date shown in the franchise with such other incorporated community. XI Effecti ve Date. This franchise agreement shall become effecti ve upon its adoption by the City and acceptance by the City Public Service Board. It shall supersede and take precedence over inconsistent ordinances, resolutions, or regulations heretofore passed by the City. The payments provided for in SECTION II shall be effective for CPS' s gross receipts from electric sales within the City commencing March 1, 1990. XII Headings. The headings of the sections in this agreement are for organizational purposes only. They have no separate meaning and shall not be read as affecting the language of the sections. XIII 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 30 days prior written notice. XIV " Liabil ity. CPS shall furnish proof of insurance satisfactory release of any responsibility or liability of City for any and all claims of loss or damage that might occur a result of CPS's use of City streets, alleys and public ways. and the as- xv Assignment. This agreement may be assigned by CPS upon mutual written agreement of the City and CPS. PASSED ON FIRST READING AND APPROVED this ___ day of , 1990. PASSED, APPROVED AND ADOPTED this the ____ day of , 1990. Mayor, City of Schertz, Texas ATTEST: City Secretary, City of Schertz (SEAL OF CITY) As provided by City Charter SECTION 409.E2: Accepted by CPS this the ____ day of ____, 1990. ~ ATTEST: Signature/Title, CPS officer Witness [FOJ<dolores>CPSdoc ORDINANCE NO. GRANTING AN ELECTRIC AND GAS FRANCHISE TO CITY PUBLIC SERVICE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SECTION acting by ("CPS") , 1. Description. The City of San Antonio, and through the City Public Service Board, is granted a twenty-year franchise commencing ,19 ,for transmission, distribution and sale of electricity-and gas within the City of ("City"). CPS may construct, operate and maintain in, upon, over, under, and across the present and future streets, alleys and 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 amount of three percent (3%) of CPS's gross receipts from the sale of electricity and gas wi thin 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. 2.1. The payment for street rental will reflect CPS' s gross receipts on a quarterly basis and will be due the City within thirty days after 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 con- struction, operation and maintenance of CPS Facilities 1vi thin the City other than the payment. for street rental provided for under SECT~ON 2 above. SECTION 4. Audits. Upon written notire to CPS, the City shall be entitled, during normal working hours and at reasonable intervals during the term 0 f this agreement, to audi t records of CPS supporting thE> payment for street rental, including customer lists. SECTION 5. Construction, OperatiO]l and Maintenance of Facilities. CPS may open cut streets, curbs and sidewalks, bere, 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 Facil- ities and CPS's access to and restoration of paved surfaces shall be in accordance .Ji th CPS' s design and construction standards, which CPS shall make available for review by the City upon request. 5.1 Prior to starting any ,.ork, CPS shall give ten 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 proceed. In the event CPS determines there is an emergency, CPS may act without any prior notice, but shall provide notice to the City as soon as practicable. 5.2 The surface of any street, alley, or public way or place disturbed by CPS shall be restored by CPS within a reasonable time after the completion of the work. 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 integri ty of the portion of any paved surface over CPS Facilities, as restored by CPS durin'] the work, as long as CPS Facilities remain in use by CPS at that location. CPS shall have no responsibility for any injuries to landscaping or improvements located over, under, or around CPS Facil- ities, but shall use reasonable care to avoid such injuries. 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 ex- pense, relocate CPS Facilities in connection with activities reasonably related to the City's widening or straightening 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 years, CPS shall analyze and gas consumption, and municipal load under the Schedules. At least every two the City's pattern of electrical shall offer to serve the City's rate schedules most favorable to -2- the City I in accordance with CPS ' s Rules and Regulations applying to Eleotric and Gas Service. SECTION 9. Furnishing of Informat.ion. Upon the City's request, CPS will make available to the City meeting agenoas for City Public Service Board meetings, information packets, and rate filings, and will arrange periodic sessions for presentations by and discussions with knowl- eogeable CPS employees. SECTION 10. Uniform Franchise Benefits. If at any time during the term of this agreement CPS enters into a franchise 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 30 days after the city's receipt of notice from CPS, this agreement shall be replaced with the form of franchise agreement entered into with such other incorporated community. The new agreement shall be effec- tive from the same oate shown in the franchise with such other incorporated community. SECTION 11. Effective Date. This franchise agree- ment shall become effective upon its adoption by the City in the form authorized 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, 1990, if this franchise agreement is adopted by the City on or before June 30, 1990, 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 12. Headings. The headings in this agreement: are for organizational They have no separate meaning and shall affecting the language of the sections. of the sections purposes only. not be read as SECTION 13. Continuation of Agreement. This agree- ment shall remain in effect beyond the expiration of its term until a new agreement becomes effective beth'een 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. -3- SECTION 14. assigned by CPS and CPS. Assignment. This agreement may be upon mutual written agreement of th~ City day of PASSED AND APPROVED this 19 ATTEST: MAY 0 R City Secretary -4- , . ""'ll /...~"-I '.;. .'.....l ,,~ . ....'..._'n._',.' ~;,;{>-,!." "-" _ OffICE 121__ P.O eo. R7a9 l..InMnd CItv. T_as 18148 (SIR) 6~74R4 NdfmfsIoE-SAANCH: 1013 N.W. lbop 4.1 0 ~ Antonio. Telos 78213 (512) 340.7079 PUBLISh~R'S AFFIDAVIT (COUNTY or BB~\R) (STATE OF TEXAS) I. Linda L Hardin , authorizec: r€.r~:."cse:-:.tilt.iv(- c= the Herald l;e'>1sparoc!' Group, 0.0 solenr.l:" s,;\'ea::- -:'~1.2.t t:~E' !;.ct.ice, a printed copy of \."..,~~.... is hereto att.ac;l€G., '.;a~ ru:tlis!i.ed Q1.ce a \\'cei: :c::- 1 (,:C~"3CC'-:':::' V"" '.Tf~e~;:;: i:. -:hc, :;;;:,,:h~7 ici.e/ :brtheast/r:o:::thv}e.'~~ ::e:.-2..:::, ~:u21i2j1ec: 2.~ l::.iversn:' Ci ~:', Ee;.:a:::- Cbunty, ':'exas, or: ':n~ :ollo;,"in:" c.ctes, ~()-i,~i t.: December 15 A.D., 19 83. Herald Newspaper Group ;I~ day 0: .~~ SUbscribed and sworn to before Me, this 19 Y.J Not~d: Eexar County, Texas. (NOTARY SEAL) HI?'~~'~ F'1.!b!!!h;n~ Com":'cnv ct T~~c~ ~~ SCHEtl.lZ. ORDINANCE NO. 83-F-\6 AN ORDINANCE GRAN'fING A FRAN- C1\ISE TO T1\E CITY OF SAN ANTONIO FOR TllE DISTRIBU' TION OF ELEC' TRICITY AND pRO. VIDING FOR T1\E PAYMENT OF A REN'fAL FOR T1\E USE OF T1\E STREETS, ALLEYS AND PUBLIC WAYS AND DECLARING AN EMERGENCY. passed, approved and adopted tbe 6tb day of peeember 1!lll3. June G. Krause City secretary /~, . ),-;, U '. {1 /i. l; If ,~." i .