CPS Energy Franchise OrdinanceORDINANCE NO. 14-F-18
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING ORDINANCE NO. 14-F-18, CITY PUBLIC SERVICE (CPS ENERGY); PROVIDING FOR ADOPTION; PROVIDING
THAT THIS ORDINANCE IS CUMULATIVE OF ALL OTHER ORDINANCES OF THE CITY NOT IN CONFLICT WITH THE PROVISIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Ordinance 04-F-09
and Ordinance 14-F-01, grants an electric and gas franchise for twenty years to City Public Service (CPS Energy); and
WHEREAS, CPS Energy has requested an amendment to the existing franchise;
and
WHEREAS, the City of Schertz (City) finds that amending the franchise agreement and entering into the Addendum to Ordinance No. 14-F-01 is in the best interests of the citizens of
the City.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
I.
AMENDMENTS
Ordinance No. 14-F-01 is hereby amended to incorporate an Addendum to Ordinance
No. 14-F-01 that reflects the following changes and is attached in Exhibit 1:
SECTION 1. No revision is made to this Section.
SECTION 2. Payment for Street Rental. CPS Energy shall make
a payment for street rental to the City in the amount of four and one-half percent (4.5%) of CPS Energy'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 Energy 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 Energy's gross receipts for such sales, on a quarterly basis and will be due to the City within thirty (30) days after the close
of each quarter in CPS Energy's fiscal year.
2.2 If at any time within the term of this franchise the City passes an ordinance increasing the franchise fee from 4.5% to 5.5%, CPS Energy
agrees to execute documents necessary to accept this increased fee. Payment of the additional 1% shall be treated by CPS Energy as a City-specific fee and will be identified separately
as a surcharge on bills of customers residing within the City limits. Payment to the City of this additional street rental fee will be made consistent with the procedure described in
Section 2.1, beginning no sooner than the following quarter, as soon as the implemented surcharge is reflected on customer bills.
SECTION 3. Limitation on Assessments. No revision
is made to this Section.
SECTION 4. Audits. No revision is made to this Section.
SECTION 5. Construction. Operation and Maintenance of Facilities. No revision is made to this Section.
SECTION
6. Civic Improvements. No revision is made to this Section.
SECTION 7. Use of Pole Space. No revision is made to this Section.
SECTION 8. Rate Schedules. No revision is made to this
Section.
SECTION 9. Furnishing of Information. No revision is made to this Section.
SECTION 10. Uniform Franchise Benefits. No revision is made to this Section.
SECTION 11. Limited indemnity.
No revision is made to this Section.
SECTION 12. Effective Date. This Franchise Agreement shall become effective upon its adoption by the City in the form authorized by the board of
CPS Energy. 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 Energy's gross receipts from electric and gas sales within the City commencing the first day of the month of the beginning of the following business
quarter upon adoption by the City and receipt of documentation by CPS Energy.
SECTION 13. Headings. No revision is made to this Section.
SECTION 14. Continuation of Agreement. No revision
is made to this Section.
SECTION 15. Assignment. No revision is made to this Section.
Exhibit A: Confidentiality Agreement for an Inter-governmental Transfer of Information. No revision
is made to this Exhibit.
II.
The City Manager is authorized to enter into and execute the Addendum with CPS Energy to Ordinance 14-F-01.
III.
This Ordinance shall be cumulative
of all provisions of ordinances of the City of Schertz, Texas, except where the provisions of the Ordinance are in direct conflict with the provisions such ordinances, in which event
the conflicting provisions of such ordinances are hereby repealed.
IV.
It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs,
and sections of this Ordinance are severable, and if any phrase, clause sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree
of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the
same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section.
PASSED ON
FIRST READING, the 6th day of May, 2014.
PASSED, APPROVED and ADOPTED ON SECOND READING, the ________ day of Month, 2014.
SIGNED:
__________________________
ATTEST: Michael
Carpenter, Mayor
_________________________
Brenda Dennis, City Secretary