G-13-09-12-E3 - 9/12/2013ORDINANCE NO. 13-09" [2 ' 3
AN ORDINANCE AMENDING THE 1963 ELECTRIC FRANCHISE
ORDINANCE, ADOPTED AUGUST 13, 1963, AS AMENDED, WHICH
GRANTS A FRANCHISE TO ONCOR ELECTRIC DELIVERY COMPANY
LLC, SUCCESSOR IN INTEREST TO TEXAS POWER AND LIGHT
COMPANY, BY REINSTATING AND EXTENDING THE TERM AND
PROVIDING FOR ITS RENEWAL; FURTHER PROVIDING THAT THIS
ORDINANCE IS CUMULATIVE; FINDING AND DETERMINING THAT
THE MEETING AT WHICH THIS ORDINANCE IS ADOPTED IS OPEN
TO THE PUBLIC AS REQUIRED BY LAW; PROVIDING FOR
PUBLICATION; PROVIDING AN EFFECTIVE DATE; AND PROVIDING
FOR ACCEPTANCE BY ONCOR ELECTRIC DELIVERY COMPANY
LLC; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING
CONFLICTING ORDINANCES OR RESOLUTIONS.
WHEREAS, on August 13, 1963 the City Council adopted an ordinance, referred
to herein as "1963 Electric Franchise Ordinance" (attached as Exhibit "A"), granting
Oncor Electric Delivery Company LLC ("Oncor" or "Company"), successor in interest
to Texas Power and Light Company, a franchise for a period of fifty (50) years to use
and occupy the present and future streets, avenues, alleys, highways, public places,
public ways and utility easements (Public Rights -of -Way) within the City of Round Rock
(the "City") for the purpose of constructing, extending, maintaining, using and operating
an electric utility system of poles, lines, wires, towers, anchors, cables, manholes,
underground conduits, transmission lines, telegraphic and telephone lines for its own
use, and other structures and appurtenances necessary for the delivery of electricity to
customers located in the City, as amended (collectively, the "Franchise"); and
WHEREAS, the 1963 Electric Franchise Ordinance, will expire on September 1,
2013; and
0112.1304; 00280510
WHEREAS, the City and Oncor wish to reinstate the Franchise and to extend the
term of the Franchise to expire on February 1, 2014 and thereafter to allow the
Franchise to renew automatically for successive terms of six (6) months each;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ROUND ROCK, TEXAS:
I.
Section 1. The reinstatement and extension to the term of the 1963 Electric
Franchise Ordinance (as amended) of the City of Round Rock, Texas until February 1,
2014, is hereby approved and agreed to by Oncor and the City of Round Rock; provided
that, unless written notice of cancellation is given by either party hereto to the other not
less than sixty (60) days before the expiration of this franchise agreement, it shall be
automatically renewed for an additional period of six (6) months from such expiration
date and shall be automatically renewed thereafter for like periods until canceled by
written notice given not less than sixty (60) days before the expiration of any such
renewal period or repealed by the passage of a new Franchise agreement passed by
City and accepted by Company.
Section 2. In all respects, except as specifically and expressly amended by this
Ordinance, the Franchise shall remain in full force and effect according to its terms until
the Franchise expires or otherwise terminates in accordance with the provisions of the
Franchise which includes the passage of a new Franchise agreement passed by City
and accepted by Company.
Section 3. The sections, paragraphs, sentences, clauses and phrases of this
Ordinance are severable. If any portion of this Ordinance is declared illegal or
unconstitutional by the valid final judgment or decree of any court of competent
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jurisdiction, such illegality or unconstitutionality shall not affect the legality and
enforceability of any of the remaining portions of this Ordinance.
Section 4. It is hereby officially found and determined that the meeting at which this
Ordinance is passed is open to the public as required by law and that public notice of
the time, place and purpose of said meeting was given as required.
Section 5. This Ordinance shall be in full force and effect following (i) its adoption;
and (ii) its publication in accordance with the City Charter; and (iii) the filing with the City
Clerk's Office and the City Attorney's Office within sixty (60) calendar days following
adoption of this Ordinance of written acceptance of this Ordinance by Oncor Electric
Delivery Company LLC in substantially the following form:
To the Honorable Mayor and City Council:
Oncor Electric Delivery Company LLC, acting by and through the
undersigned authorized officer, hereby accepts in all respects, on this
day of , 2013, Ordinance No. amending
the current electric franchise between the City and Oncor Electric Delivery
Company LLC, and the same shall constitute and be a binding contractual
obligation between Oncor Electric Delivery Company LLC and the City.
Oncor Electric Delivery Company LLC:
By:
Name
Title
11.
A. All ordinances, parts of ordinances, or resolutions in conflict herewith are
expressly repealed.
B. The invalidity of any section or provision of this ordinance shall not
invalidate other sections or provisions thereof.
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C. The City Council hereby finds and declares that written notice of the date,
hour, place and subject of the meeting at which this Ordinance was adopted was posted
and that such meeting was open to the public as required by law at all times during
which this Ordinance and the subject matter hereof were discussed, considered and
formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended.
READ and APPROVED on first reading this the ,t)� daY of
AIA(AICA- , 2013.
READ, APPROVED and ADOPTED on second reading this the (' day of
SJ/ , 2013.
ATTEST:
•
ALAN MCGRAW, Mayor
City of Round Rock, Texas
SARA L. WHITE, City Clerk
4
STATE OF TEXAS §
§
CITY OF ROUND ROCK §
WHEREAS, there was finally passed and approved on September 12, 2013
Ordinance No. G -13-09-12-E3 granting to Oncor Electric Delivery Company LLC, its
successors and assigns, a franchise amendment to the August 13, 1963 Franchise
agreement to furnish and deliver electricity to the general public in the City of Round
Rock, Travis and Williamson County's, 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 5 of said ordinance provides as follows:
"SECTION 5
This Ordinance shall be in full force and effect following (i) its adoption; and
(ii) its publication in accordance with the City Charter; and (iii) the filing with
the City Clerk's Office and the City Attorney's Office within sixty (60) calendar
days following adoption of this Ordinance of written acceptance of this
Ordinance by Oncor Electric Delivery Company LLC..."
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 5 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 5 quoted above, does hereby agree to and accept the
franchise amendment 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.
2013.
WITNESS THE EXECUTION HEREOF, on this the 5e day of
Oncor Electric Delivery Company LLC
Sr. V' resident & General Counsel
STATE OF TEXAS §
COUNTY OF TRAVIS & WIL,LIAMSON §
CITY OF ROUND ROCK §
I, QEILVZ4V L • V i k+k' , City Clerk of the City of Round Rock,
Texas, do hereby certify that the attached Acceptance executed by Oncor Electric
Delivery Company LLC is a true and correct copy of a formal acceptance of a
franchise amendment ordinance finally passed and approved by said City on
September 12, 2013, and of record in the Minutes of the City;
OF WHICH, witness my official signature and the seal of said City on this the
cfr day of Qv-i'o 4vGy , 2013.
2
sRLy4vvi otf21,4
City Clerk
City of Round Rock, Texas
ROUND ROCK, TEXAS
nJm ose. PASSION PROSPERITY
City of Round Rock
Agenda Item Summary
Agenda Number: E.3
Title: Consider an ordinance extending the termination date of the current Oncor
Electric Delivery Company, LLC franchise agreement from September 1,
2013 to February 1, 2014. (Second Reading)
Type: Ordinance
Governing Body: City Council
Agenda Date: 9/12/2013
Dept Director: Cheryl Delaney, Finance Director
Cost: $0.00
Indexes:
Attachments: Ordinance
Text of Legislative File 13-654
Item Summary:
The City collects a franchise fee from Oncor Electric Delivery Company LLC for the use of
public right of way. The current agreement will expire in September 1, 2013. The City and
Oncor are currently in negotiations for a new agreement. This is a six month extension of
the agreement.
Cost: NA
Source of Funds: NA
Action:
Staff recommends adoption on second reading.
City of Round Rock Page 1 Printed on 9/10/2013