G-13-01-10-E2 - 1/10/2013ORDINANCE NO. C-7— A 3 —9 71
AN ORDINANCE EXTENDING PEDERNALES ELECTRIC COOPERATIVE,
INC., ELECTRIC FRANCHISE AND CONTAINING FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT.
WHEREAS, on March 24, 2005, the City of Round Rock, Texas ("City") by the
adoption of Ordinance No. G -05-03-24-11A1, granted an electric franchise ("Franchise") to
PEDERNALES ELECTRIC COOPERATIVE, INC., its successors and assigns
("PEDERNALES"); and
WHEREAS, the parties expressly reserve all rights they may have under local and state
laws; Now Therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK:
Section 1. The term of the Franchise is hereby extended through March 31, 2013 (or
such earlier date as a renewal franchise may take effect), with no other change in the terms of the
Franchise.
Section 2. This Ordinance takes effect following its final adoption. Attached is
PEDERNALES written acceptance of this extension, as filed with the City Clerk.
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expressly repealed.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.
C. The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and that such
meeting was open to the public as required by law at all times during which this Resolution 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.
0: \wdWSCC Int s\0112\ 1204\MUNI CIPAU00264197. DOC
2012.
READ and APPROVED on first reading this the 2ZAday of 1)e11(/1X ,
READ, APPROVED and ADOPTED on second reading this the lot day of
2013.
ATTEST:
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SARA L. WHITE, City Clerk
A
AS TL. SHEETS, CITY Attorney
' 1
ALAN MCGRAW, Mayor
City of Round Rock, Texas
2
Acceptance of Extension of Franchise
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF ROUND ROCK:
PEDERNALES ELECTRIC COOPERATIVE, INC., on behalf of itself, its successors and
assigns hereby fully accepts CITY of ROUND ROCK's proposed Ordinance extending the term
of the Electric Franchise (Ordinance No. G -05-03-24-11A1) through March 31, 2013 (or such
earlier date as a renewal franchise may take effect), with no other change in the terms of the
Franchise and expressly agrees to be bound by all of its terms and provisions, and to fully
observe and fully perform all limitations and obligations contained in such Franchise.
PEDERNALES ELECTRIC COOPERATIVE, INC.
LIM
[Title]
ATTEST
Secretary
Dated the day of December, A.D., 2012.
THE STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before
, the
COOPERATIVE, INC., on behalf of said corporation.
me on December , 2012, by
of PEDERNALES ELECTRIC
NOTARY PUBLIC IN AND FOR
THE STATE OF TEXAS
My Commission expires: Printed Name:
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
I, Sara White, the duly appointed, qualified acting City Clerk of the CITY of ROUND ROCK,
Texas, hereby certify that the above and foregoing Acceptance was received and filed in the
office of the City Secretary of the CITY of ROUND ROCK on the day of December, 2012.
Executed under my hand and the official seal of the CITY of ROUND ROCK, Texas, at said
CITY, this day of December, 2012.
Sara White, CITY CLERK
CITY OF ROUND ROCK, TEXAS
3
]K TEXAS City Council Agenda Summary Sheet
V PROSPERITY.
Agenda Item No. E2.— CONSENT
Consider an ordinance extending the electric franchise with Pedernales Electric
Agenda Caption: Cooperative, Inc. (Second Reading)
Date: January 10, 2013
rtment: Finance
Staff Person making presentation: Cheryl Delaney
Finance Director
Item Summary:
The City collects a franchise fee from Pedernales Electric Cooperative (PEC) for the use of public right of way in the
City. The current agreement will expire in December 2012. The City and PEC are currently in negotiations for a new
agreement. This is a three month extension of the current agreement.
Cost: N/A
Recommended Action: Approval