HomeMy WebLinkAboutOrd 418-2008 Granting Oncor Electric Franchise.pdfCITY OF ANNA, TEXAS
ORDINANCE NO. 418-2008
AN ORDINANCE GRANTING TO ONCOR ELECTRIC DELIVERY COMPANY, ITS
SUCCESSORS AND ASSIGNS, AN ELECTRIC POWER FRANCHISE TO USE THE
PRESENT AND FUTURE STREETS, AVENUES, ROADS, SIDEWALKS, ALLEYS,
HIGHWAYS, PUBLIC UTILITY EASEMENTS, AND OTHER PUBLIC RIGHTS-OF-
WAY OF THE CITY OF ANNA, TEXAS, FOR THE PURPOSES OF CONSTRUCTING
AND OPERATING AN ELECTRIC DISTRIBUTION AND TRANSMISSION SYSTEM;
PROVIDING FOR COMPENSATION AND OTHER TERMS; PROVIDING FOR AN
EFFECTIVE DATE AND A TERM OF SAID FRANCHISE, PROVIDING FOR WRITTEN
ACCEPTANCE OF THIS FRANCHISE, PROVIDING FOR THE REPEAL OF ALL
EXISTING AND PRIOR FRANCHISE ORDINANCES TO ONCOR ELECTRIC
DELIVERY COMPANY, ITS PREDECESSORS AND ASSIGNS, AND FINDING THAT
THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT:
Section 1. Grant of Authority
That there is hereby granted to Oncor Electric Delivery Company, its successors and
assigns (herein called "Oncor"), the right, privilege and franchise to construct, extend,
maintain and operate in, along, under and across the present and future streets, alleys,
highways, public utility easements, public ways and other public property (Public Rights -
of -Way) of Anna, Texas (herein called "City") electric power lines, with all necessary or
desirable appurtenances (including underground conduits, poles, towers, wires,
transmission lines and other structures, and telephone and communication lines for its
own use), for the purpose of supplying electricity to the City, the inhabitants thereof, and
persons, firms and corporations beyond the corporate limits thereof, for the term
specified in section 16 hereof. Oncor may not use any portion of its Electric Distribution
and Transmission system in the City's public rights-of-way for any purpose other than in
support of or the delivery of electric services without first entering into a separate
agreement for the ancillary service.
Section 2. No Priority
This franchise ordinance does not establish any priority for the use of the Public Rights -
of -Way by Oncor or by any present or future recipients of franchise agreements,
franchisees or other permit hollers. In the event of any dispute as to the priority of use
of the Public Rights -of -Way, City shall determine priority taking into consideration the
rights of the public, the rights of the City, the rights of the State of Texas and its political
subdivisions in the periloftnanoe of their various functions, and thereafter, as between
recipients of franchise agreements, franchises and other permit holders, and taking into
consideration Oncor's right and obligation to serve using Public Rights -of -Way as
provided for in the Public Utility Regulatory Act ("PURR").
Ord. 41&2008 Gregg Nov Eboric Services Fmchoe W Onwr ENd& DeM".ftc 1 12-09-08
Section 3. Location of Facilities
Poles, towers and other structures shall be so erected as not to unreasonably interfere
with traffic over streets, alleys and highways. The location of electric power lines and
appurtenances in the public right-of-way as stated above shall be subject to the
approval of the City or an authorized agent designated by the City. This approval will be
obtained through the City's permitting process, provided however, said approval shall
not be unreasonably withheld. Oncor shall promptly clean up and restore to
approximate original condition all easements, thoroughfares, and other surfaces which it
may disturb.
Section 4. Permit Required
Oncor shall, except in cases of emergency conditions or work incidental in nature,
obtain a permit, if required by City ordinance, prior to performing work in the Public
Rights -of -Way, except in no instance shall Oncor be required to pay fees or bonds
related to its use of the Public Rights -of -Way, except as provided in this Franchise,
despite the City's enactment of any ordinance providing the contrary.
Section 5. Abandonment; Relocation of Facilities
If City abandons any Public Rights -of -Way in which Oncor has facilities, such
abandonment shall be conditioned on Oncor's right to maintain its use of the former
Public Rights -of -Way and on the obligation of the party to whom the Public Rights -of -
Way is abandoned to reimburse Oncor for all removal or relocation expenses if Oncor
agrees to the removal or relocation of its facilities following abandonment of the Public
Rights -of -Way. If the party to whom the Public Rights -of -Way is abandoned requests
Onoor to remove or relocate its facilities and Onoor agrees to such removal or
relocation, such removal or relocation shall be done within a reasonable time at the
expense of the party requesting the removal or relocation. If relocation due to
abandonment of a Public Right of Way as described above cannot practically be made
to another Public Right--of-Way, the expense of any right-of-way acquisition
necessitated by such abandonment shall be considered a relocation expense to be
reimbursed by the party requesting the relocation, but in no event shall the City be
required to pay such relocation expenses provided that it abandoned the Public Right -
of -Way conditioned on Oncor's right to maintain its use of the former Public Rights -of -
Way and on the obligation of the party to whom the Public Rights -of -Way is abandoned
to reimburse Oncor for all removal or relocation expenses. Without limiting the City's
cumulative rights, authority and immunity under common law or applicable statute, the
City may require Oncor to relocate its poles, towers, lines and other facilities at Oncor's
expense to allow for the widening or straightening of a street by: (1) giving Oncor 30
days' notice; and (2) specifying the new location for such facilities along the fight -of -way
of the street. If Oncor is required by the City to remove or relocate its Facilities, Oncor
shall be entitled to reimbursement from the City of the cost and expense of such
removal or relocation except to the extent that: (1) this section provides otherwise; (2)
Ore. 418-2008 Granting Now Elecivic Services Fm�to Oncor Electric Deft eq.doc 2 12-09-08
PURA Section 37.101(c) or other state or federal statute requires or permits the City to
require the relocation to be done at Oncor's expense; or, (3) PURA Section 37.101(c) is
repealed or amended such that it does not govern the extent of a utility's duty to pay for
relocation and no other state or federal statute governs same, in which case the City's
duty to reimburse, if any, shall be governed by common law.
Section 6. Easements
Any easements over or under property owned by City other than the Public Rights -of -
Way shall have prior approval from City, except that Oncor may use general utility
easements that are dedicated for compatible uses on property owned by City.
Section 7. Liability Insurance
Oncor shall, at its sole cost and expense, obtain, maintain, and provide, throughout the
term of this Franchise, insurance in the amounts, types and coverage's in accordance
with the City's requirements. Such insurance may be in the form of self-insurance to the
extent permitted by applicable law or by obtaining insurance, as follows:
(a) Commercial general or excess liability on an occurrence or claims -made form
with minimum limits of $5,000,000 per occurrence and $10,000,000 aggregate.
To the extent that coverage is maintained on claims -made form, the minimum
limits are $10,000,000 per occurrence and $20,000,000 aggregate. This
coverage shall include the following.
(1) Products/completed operations to be maintained for warranty period.
(2) Personal and advertising injury.
(3) Contractual liability.
(4) Explosion, collapse, or underground (XCU) hazards.
(b) Automobile liability coverage with a minimum policy limit of $1,000,000 combined
single limit. This coverage shall include all owned, hired and non -owned
automobiles.
(c) Workers' compensation and employer's liability coverage. Statutory coverage
limits for Coverage A and $500,000 Coverage B employer's liability is required.
Oncor must provide the City with a waiver of subrogation for workers'
compensation claims.
(d) Oncor must name the City, which includes all authorities, commissions, divisions,
and departments, as well as elected and appointed officials, employees, agents,
and volunteers, as an additional insured under the coverage required under
sections 7(a) and 7(b), except Worker's Compensation Coverage. The certificate
of insurance must state that the City is an additional insured.
Oni. 4182008 GMMft New Elechic Services Ren&ise W On= EWric Deiw". o 3 12-0"8
(e) Oncor will require its contractors and subcontractors to maintain, at their sole
cost and expense, a minimum of $3,000,000 general liability and automobile
liability throughout the course of work performed. Also, contractors and
subcontractors will be required to maintain statutory workers' compensation
benefits in accordance with the regulations of the State of Texas or state of
jurisdiction as applicable. The minimum limits for employers' liability insurance
will be $500,000 bodily injury each accident, $500,000 each employee bodily
injury by disease, $500,000 policy limit bodily injury by disease.
(f) Oncor will provide proof of insurance in accordance with this franchise within 30
days of the effective date of the franchise, and will provide 30 days notice of
cancellation of any of the policies required hereunder to the extent such
cancellation would cause a lapse in coverage required hereunder. Oncor will not
be required to furnish separate proof when applying for permits.
Section B. Indemnification and liability for Damages
In consideration of the granting of this franchise, Oncor agrees to indemnify, defend,
and hold harmless the City, its officers, agents and employees (the "indemnities") from
and against all suits, actions or claims of injury to any person or persons, or damages to
any property brought or made for or on account of any death, injuries to, or damages
received or sustained by any person or persons or for damage to or loss of property
arising out of, or occasioned by Oncor's intentional and/or negligent acts or omissions in
connection with Oncor's construction, maintenance and operation of Oncor's System in
the Public Rights -of -Way; except that the indemnity provided for in this paragraph shall
not apply to any liability determined by a court of competent jurisdiction to have resulted
from the sole negligence or intentional acts or omissions of the indemnities. In the event
of joint and concurrent negligence or fault of both Oncor and the indemnities,
responsibility and indemnity, if any, shall be apportioned comparatively in accordance
with the laws of the State of Texas without, however, waiving any governmental
immunity from suit or liability enjoyed by the indemnities under Texas law and without
waiving any of the defenses of the parties under Texas law. Further, in the event of joint
and concurrent negligence or fault of both Oncor and the indemnities, responsibility for
all costs of defense shall be apportioned between the City and Oncor based upon the
comparative fault of each. In fulfilling its obligation to defend and indemnify indemnities,
Oncor shall have the right to select defense counsel, subject to City's approval, which
will not be unreasonably withheld. Oncor shall retain defense counsel within seven
business days of City's written notice that City is invoking its right to indemnification
under this Contract. If Oncor fails to retain Counsel within such time period, City shall
have the right to retain defense counsel on its own behalf, and Oncor shall be liable for
all defense costs incurred by City, except as set out otherwise in this paragraph.
Section ti. Non -exclusivity
This franchise is not exclusive, and nothing herein contained shall be construed so as to
prevent the City from granting other like or similar rights, privileges and franchises to
any other person, firm, or corporation.
Ord. 418-2008 Gran8rg new Ebcbx Services Franchise to On Elftft Oafiwy.dw 4 12-09-08
Section 10. Compensation to the City and Accounting
10.01 General Fee Recovery Conditions
In consideration of the grant of said right, privilege and franchise by the City and as full
payment for the right, privilege and franchise of using and occupying the said Public
Rights -of -Way, and in lieu of any and all occupation taxes, assessments, municipal
charges, fees, easement taxes, franchise taxes, license, permit and inspection fees or
charges, street taxes, bonds, street or alley rentals, and all other taxes, charges, levies,
fees and rentals of whatsoever kind and character which the City may impose or
hereafter be authorized or empowered to levy and collect, excepting only the usual
general or special ad valorem taxes which the City is authorized to levy and impose
upon real and personal property, sales and use taxes, and special assessments for
public improvements, Oncor shall pay to the City the following:
(a) On an annual basis, a charge, as authorized by Section 33.008(b) of PURA,
which, as of December 31, 2005, was a factor of 0.003289 multiplied by 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. However, beginning in 2009 the franchise fee factor will be
0.003453, in accordance with the factor originally offered pursuant to "Agreement
to Resolve Outstanding Franchise Issues' dated June 13, 2008. This increase
is not retroactive, and shall become effective January 1, 2009. City's acceptance
of this franchise fee factor increase signifies its agreement that if the PUC denies
recovery in Oncor's rates of the fees associated with the increased franchise fee
factor of 0.003453, then the franchise fee factor immediately reverts to the
franchise fee factor of 0.003289, the factor in effect for the City as of December,
31, 2005. Nothwithstanding any other provision of this franchise ordinance, and
regardless of whether the factor reverts as referenced above, Oncor will not seek
to impose a refund or credit obligation from the City for any franchise fees
already paid under the increased franchise fee factors.
(1) The annual payment will be due and payable on or before February 1 of
each year throughout the life of this franchise. The payment will be 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 during the preceding twelve-month period
ended December 31 (January 1 - December 31). The payment will be for
the rights and privileges granted hereunder for the 12 calendar -month
period (January 1 - December 31) preceding the payment date.
(2) The first payment hereunder shall be due and payable on or before
February 1, 2009 and will cover the basis period of January 1, 2008
through December 31, 2008 and the privilege period of January 1, 2008
through December 31, 2008. The final payment under this franchise is due
on or before February 1, 2024 and covers the basis and privilege period of
Ord. 4182008 Gmnbng New Electric Services FMn iw to Onoor E*Cbt De hIMYA c 5 12.0"8
January 1, 2023 through December 31, 2023; and
(b) A sum equal to 4% of gross revenues received by Oncor from services identified
in its 'Tariff for Retail Delivery Service", section 6.1.2 "Discretionary Service
Charges," approved in Oncor's last general rate case, numbered as DD1 through
DD24, that are for the account and benefit of an end-use retail electric consumer.
Oncor will, upon request by City, provide a cross reference to Discretionary
Service Charge numbering changes that are contained in Oncor's current
approved Tariff.
(1) The franchise fee amounts based on Discretionary Service Charges shall
be calculated on an annual calendar year basis, i.e. from January through
December 31 of each calendar year.
(2) 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. The initial Discretionary Service Charge
franchise fee amount will be paid on or before April 30, 2009 and will be
based on the calendar year January 1 through December 31, 2008. The
final Discretionary Service Charge franchise fee amount will be paid on or
before April 30, 2024 and will be based on the calendar year January 1
through December 31, 2023.
(3) Oncor may file a tariff or tariff amendment(s) to provide for the recovery of
the franchise fee on Discretionary Service Charges.
(4) 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 an affirmative position in any such
appeals in support of the 100% recovery of such franchise fees by Oncor.
(5) 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.
(6) In the event of a regulatory disallowance of the recovery of the
Discretionary Service Charges, Oncor will not be required to continue
payment.
Ord. 418-2008 GmnWv New Ekcft Services Fmchise to On Ekctric Oe#vety.dw 6 12-09-06
10.02 Statement Required
(a) With each payment of compensation required by section 10.01(a)(1), Oncor shall
furnish to the City a statement that provides the franchise basis period, the total
amount of kilowatt hours of electricity delivered during the franchise basis period
by Oncor to retail customers whose consuming facility's point of delivery is
located within the City's municipal boundaries, and the privilege period covered
by that payment. Oncor hereby stipulates that its reports may be treated by the
City exactly as if they were filed under oath.
(b) With each payment of compensation required by section 10.01(b)(2), Oncor shall
furnish to the City a statement reflecting the total amount of gross revenues
received by Oncor within the City's municipal boundaries for services identified in
its "Tariff of Retail Delivery Service" section 6.1.2, "Discretionary Service
Charges", approved in Oncor's last general rate case, numbered as DD1 through
DD24. Oncor hereby stipulates that its report may be treated by the City exactly
as if it was filed under oath.
10.03 Payment Requirements
(a) Should any payment due date required by this Franchise fall on a weekend or
declared bank holiday, payment shall be delivered to City no later than the close
of business on the working day prior to any specifically required due date
contained within this franchise ordinance.
(b) If either party discovers that Oncor has failed to pay the entire or correct amount
of compensation due, the correct amount shall be determined and agreed upon
by both Onoor and the City. The City shall be paid by Oncor within 30 calendar
days of such determination. Except as otherwise provided herein, any
overpayment to the City through error or otherwise will, at the option of the City,
either be refunded within 30 days of determination OR be offset against the next
payment due from Oncor. Acceptance by the City of any payment due under this
section shall not be deemed to be a waiver by the City of any breach of this
franchise ordinance occurring prior thereto, nor shall the acceptance by the City
of any such payments preclude the City from later establishing that a larger
amount was actually due or from collecting any balance due to the City.
(c) Interest on late payments shall be calculated in accordance with the interest rate
for customer deposits established by the PUC in accordance with Texas Utilities
Code Section 183.003 as amended for the time period involved.
(d) No taxes, fees, or other payments by Oncor to the City, including, but not limited
to, ad valorem taxes, shall reduce the Franchise Fees payable to City hereunder,
except as agreed to by the City in section 10.02(a).
Ord. 4162008 Gmnft New Eiecbic SeMc Fmmh" to Orrear E*Oft DeWM.dw 7 12-"
10.04 Accounting Matters
(a) Maintenance of Records. Oncor shall keep accurate hooks of account at its
principal office, for the purpose of determining the amount due to the City under
this Franchise Agreement.
(b) Audit. Pursuant to Section 33.008(e) of the Public Utility Regulatory Act, the City
may conduct an audit or other inquiry in relation to a payment made by Oncor
less than two years before the commencement of such audit or inquiry. As a part
of the audit process, the City may inspect Oncor's books of accounts relative to
the City during regular business hours and on ten business days' prior written
notice or as otherwise agreed to by the parties.
(c) Access to Records. Oncor shall make available to the City such records deemed
by City to be reasonably necessary for such audit performed pursuant to section
10.04(b). Oncor agrees to give its full cooperation in such audit and shall provide
complete responses to inquiries within 30 calendar days of receipt of a written
request, unless otherwise agreed to by the City and Oncor.
(1) If as the result of any City audit, Oncor is refunded/credited for an
overpayment or pays the City for an underpayment of the Franchise Fee,
such refund/credit or payment shall be made pursuant to the terms
established in section 10.3(b).
(2) If as a result of a subsequent audit, initiated within two years of an audit
which resulted in Oncor making a payment to the City due to an
underpayment of the Franchise Fee of more than 5%, Oncor makes
another payment to the City due to an underpayment of the Franchise Fee
of more than 5%, the City may immediately treat this underpayment as an
Uncured Event of Default and exercise the remedies provided for in
section 13.
(d) The City agrees to hold in confidence any non-public information it obtains from
Oncor to the fullest extent permitted by law. Where a court or regulatory agency
order requires the City to release non-public information, City shall provide notice
to Oncor prior to releasing the information so as to allow Oncor adequate time to
pursue available remedies for protection. City is not liable to Oncor for the
release of the information the City is required by law to release. If the City
receives a request under the Texas Public Information Act that includes Oncor's
proprietary information, City will notify the Texas Attorney General of the
proprietary nature of the document(s). The City also will provide Oncor with a
copy of this notification, and thereafter Onoor is responsible for establishing that
an exception under the Act allows the City to withhold the information.
(e) Acceptance of any payment shall not estop City from timely asserting that an
amount paid is not the amount due under this franchise ordinance.
Ord. 418-2008 Granting Nm Electric Services Fmnoh to Oxon Electric DeMmy.doc 8 12-0&
Section 11. Rights of Renegotiation
(a) Should either Oncor or the City have cause to believe that a change in
circumstances relating to the terms of this franchise may exist, it may request
that the other party provide it with a reasonable amount of information to assist in
determining whether a change in circumstances has taken place.
(b) Should either party determine that, based on a change in circumstances, it is in
the best interest to renegotiate all or some of the provisions of this Franchise,
then the other party agrees to enter into good faith negotiations. Said
negotiations shall involve reasonable, diligent, and timely discussions about the
pertinent issues and a resolute attempt to settle those issues. The obligation to
engage in such negotiations does not obligate either party to agree to an
amendment of the franchise ordinance as a result of such negotiations. A failure
to agree does not show a lack of good faith. if, as a result of renegotiation, the
City and Oncor agree to a change in a provision of this franchise ordinance, the
change shall became effective only upon passage of an ordinance by the City in
accordance with the City of Anna, Texas Home -Rule Charter and acceptance of
the amendment by Oncor.
Section 12. Default
12.01 Events of Default
The occurrence, at any time during the term of the franchise ordinance, of any one or
more of the following events, shall constitute an Event of Default by Oncor under this
franchise ordinance:
(a) The failure of Oncor to pay the Franchise Fee on or before the due dates
speed herein.
(b) Oncor's breach or violation of any of the material terms, covenants,
representations or warranties contained herein or Oncor's failure to perform any
material obligation contained herein.
12.02 Uncured Events of Default
(a) Upon the occurrence of an Event of Default which can be cured by the immediate
payment of money to City or a third party, Oncor shall have 30 calendar days
from receipt of written notice from City of an occurrence of such Event of Default
to cure same before City may exercise any of its rights or remedies provided for
in section 13.
(b) Upon the occurrence of an Event of Default by Oncor, which cannot be cured by
the immediate payment of money to City or a third party, Onoor shall have 120
calendar days (or such additional time as may be agreed to by the City) from
receipt of written notice from City of an occurrence of such Event of Default to
cure same before City may exercise any of its rights or remedies provided for in
Ord. 4184008 GmOng new EWcft Services Fmrchise to On Ebchk DeBrery.dm 0 12-08-08
section 13, unless such Event of Default creates or contributes to an emergency
situation in which injury to persons or property reasonably appears imminent, in
which case City is immediately entitled to exercise or seek all rights available to it
at law or in equity. City must provide Oncor concurrent written notice when
invoking this emergency provision.
(c) If the Event of Default is not cured within the time period allowed for curing the
Event of Default as provided for herein, such Event of Default shall, without
additional notice, become an Uncured Event of Default, which shall entitle City to
exercise the remedies provided for in section 13.
Section 13. Remedies
13.01 Remedies
The City shall notify Oncor in writing, of an alleged Uncured Event of Default as
described in section 12.02, which notice shall specify the alleged failure with reasonable
particularity. Oncor shall, within 30 calendar days after receipt of such notice or such
longer period of time as the City may specify in such notice, either cure such alleged
failure or in a written response to the City either present facts and arguments in refuting
or defending such alleged failure or state that such alleged failure will be cured and set
forth the method and time schedule for accomplishing such cure. In the event that such
cure is not forthcoming, City shall be entitled to exercise any and all of the following
cumulative remedies:
(a) The commencement of an action against Onoor at law for monetary damages.
(b) The commencement of an action in equity seeking injunctive relief or the speck
performance of any of the provisions that as a matter of equity, are specifically
enforceable.
(c) The commencement of proceedings with the Public Utility Commission to seek
revocation of Oncor's certificate of convenience and necessity to serve any or all
of Oncoes service area located within the City.
(d) The termination of this franchise in accordance with the provisions of section 14
13.02 Remedies Not Exclusive
The rights and remedies of City and Onoor set forth in this franchise ordinance shall
be in addition to, and not in limitation of, any other rights and remedies provided by
law or in equity. City and Oncor understand and intend that such remedies shall be
cumulative to the maximum extent permitted by law and the exercise by City of any
one or more of such remedies shall not preclude the exercise by City, at the same or
different times, of any other such remedies for the same failure to cure. However,
notwithstanding this section or any other provision of this Franchise, City shall not
Ord. 4184008 GmM g New Electric Sero a Fmchlee to Oncor Eledrio DeMery.doc 10 124)9-08
recover both liquidated damages and actual damages for the same violation, breach,
or noncompliance, either under this section or under any provisions of this Franchise.
Section 14. Amendment; Termination
14.01 Amendment
This Franchise Agreement may not be amended except pursuant to a written
instrument signed by both parties.
14.02 Termination
In accordance with the provisions of section 13, this franchise ordinance may be
terminated upon 30 business day's prior written notice to Oncor. City shall notify
Onoor in writing at least 15 business days in advance of the City Council meeting at
which the question of forfeiture or termination shall be considered, and Oncor shall
have the right to appear before the City Council in person or by counsel and raise any
objections or defenses Oncor may have that are relevant to the proposed forfeiture or
termination. The final decision of the City Council may be appealed to any court or
regulatory authority having jurisdiction. Upon timely appeal by Oncor of the City
Council's decision terminating the franchise ordinance, the effective date of such
termination shall be either when such appeal is withdrawn or a court order upholding
the termination becomes final and unappealable. Until the termination becomes
effective the provisions of this franchise ordinance shall remain in effect for all
purposes. The City recognizes Oncor's right and obligation to provide service in
accordance with the Certificate of Convenience and Necessity authorized by the
Public Utility Commission in accordance with applicable law.
Section 15. Compliance with Law
Oncor shall be subject to and comply with all applicable and controlling local, state and
federal laws, including the rules and regulations of any and all agencies thereof,
whether presently in force or whether enacted or adopted at any time in the future. This
franchise ordinance shall in no way affect or impair the rights, obligations or remedies of
the parties under the Texas Public Utility Regulatory Act, or other state or federal law.
Nothing herein shall be deemed a waiver, release or relinquishment of either party's
right to contest, appeal, or file suit with respect to any action or decision of the other
party, including ordinances adopted by the City that Oncor believes is contrary to any
federal, state, or local law or regulation. The City shall provide Oncor with reasonable
notice and opportunity to review and comment upon any new or revised City laws, rules,
or regulations that impact Oncor's use of the public rights-of-way. In constructing,
maintaining and operating the Electric Distribution and Transmission System, Oncor
shall act in a good and workmanlike manner, observing high standards of engineering
and workmanship and using materials of good and durable quality. Oncor shall comply
with applicable codes and industry standards, including but not limited to the National
Electrical Safety Code.
OM. 418-2008 GMneng New ENdec Services Fmchise M Onwr Ebdric Delivery. o 11 12-0O 0
Section 16. Effective Date and Term
This ordinance shall become effective upon Oncor's written acceptance hereof, said
written acceptance to be filed by Oncor with the City within 60 days after final passage
and approval hereof. The right, privilege and franchise granted herein shall expire on
December 31, 2023.
Section 17. Acceptance
In order to accept this franchise, Oncor must file with the City Secretary its written
acceptance of this franchise ordinance within 60 days after its final passage and
approval by City.
Section 18. Passed and Approved
It is hereby officially found that the meeting at which this ordinance is passed is open to
the public and that due notice of this meeting was posted, all as required by law.
Section 19. Notices
Notices required to be given under this franchise shall be deemed to be given when
delivered in writing, personally to the person designated below, or when five days have
elapsed after it is deposited in the United States Mail with registered or certified mail
postage prepaid to the person designated glow, or on the next business day if sent by
Express Mail or overnight air courier addressed to the person designated below:
If to City: If to Oncor
City Manager Debra L. Anderson
City of Anna Director, Regulatory Affairs
P.O. Box 776 Oncor Electric Delivery Company
Anna, Texas 75409 1601 Bryan St., Suite 23-055C
Dallas, Texas 75201
PASSED AND APPROVED at a regular meeting of the City Council of Anna, Texas, on
this the 9th day of December, 2008.
enneth Pelham,
Mayor, City of Anna
Ord. 418-2008 G�ig New EWcMc SoMms Franchise to Onwr EWcbk Deliom.dw 12 12-0O 0
%�a' t.
Na a Wilkison, "lk
City Secretary, City of Anna
STATE OF TEXAS
COUNTY OF COLLIN
CITY OF ANNA
Ord. 418-2008 Onn8ig Now Ebcft Servs Fmnddse W On EWnc Delivery.tl 13 12-0O-0
NPR
STATE OF TEXAS §
COUNTY OF COLLIN §
WHEREAS, there was finally passed and approved on December 9, 2008
Ordinance No. 418-2008 granting to Oncor Electric Delivery Company LLC, its
successors and assigns, a franchise to furnish and deliver electricity to the general
public in the City of Anna, Collin County, Texas, for the transporting, delivery and
distribution of electricity in, out of and through said municipality for all purposes,
which is recorded in the Minutes of the City Council of said City; and
WHEREAS, Section 17 of said ordinance provides as follows:
"SECTION 17. Acceptance
In order to accept this franchise, Oncor must file with the City Secretary its
written acceptance of this franchise ordinance within 60 days after its final
passage and approval by City."
AND, WHEREAS, it is the desire of Oncor Electric Delivery Company LLC, the
holder of the rights, privileges and grants under the aforesaid franchise ordinance,
to comply with the above -quoted provisions of Section 17 thereof.
NOW, THEREFORE, premises considered, Oncor Electric Delivery Company
LLC, acting by and through its duly authorized officers, and within the time
prescribed by Section 17 quoted above, does hereby agree to and accept the
franchise granted to it by the above-described ordinance, in accordance with its
terms, provisions, conditions and requirements and subject to the stipulations and
agreements therein contained.
2008.
WITNESS THE EXECUTION HEREOF, on this the 1t dayof_1Z'WC_t�i
Oncor Electric Delivery Company LLC
Vice Presi ent
STATE OF TEXAS
COUNTY OF COLLIN
CITY OF ANNA
I, NQ tA& [ J.'X snn City Secretary of the City of Anna, Texas,
do hereby certify drat the attached Acceptance executed by Oncor Electric Delivery
Company LLC is a true and correct copy of a formal acceptance of a franchise
ordinance finally passed and approved by said City on December 9, 2008, and of
record in the Minutes of the City;
OF WHICH, witness my official signature and the seal of said City on this the
day of Ta Pik & t 2009.
Citt Secretary
Ci4f of Anna, Texas