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HomeMy WebLinkAboutOrdinance 18056-04-2008ORDINANCE NO. 18056-04-2008 AN ORDINANCE AMENDING ORDINANCE NO. 11364, AS PREVIOUSLY AMENDED BY ORDINANCE NO.15276 (THE GRANT OF A FRANCHISE TO ONCOR ELECTRIC DELIVERY COMPANY, LLC, SUCCESSOR IN INTEREST TO TEXAS UTILITIES ELECTRIC COMPAQ, BY EXTENDING THE TERM AND CHANGING THE LENGTH OF AUTOMATIC RENEWAL TERMS; FURTHER PROVIDING THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; 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. WIiEREAS, on July 27, 1993 the City Council adopted Ordinance No. 11364, an ordinance granting Oncor Electric Delivery Company, LLC ("Oncor" or "Company"), successor in interest to Texas Utilities Electric Company, a franchise for a period of fifteen (15) years to use the public rights-of--way within the City of Fort Worth (the "City") for the purpose of constructing, extending, maintaining, using and operating an electric utility system of poles, lines, wires, towers, anchors, cables, manholes, conduit and other structures and appurtenances necessary for the provision of electricity to customers located in the City, as amended by Ordinance No.15276, adopted by the City Council on October 8, 2002 (collectively, the "Franchise"); and WHEREAS, the Franchise expires June 30, 2008 and provides that unless the City or Oncor provides written notice to the other not less than sixty (60) days prior to its expiration, the Franchise will automatically be renewed for additional successive terms of ten (10) years each; and ~%VIIEREAS, the City and Oncor wish to amend the Franchise to extend the term of the Franchise to expire on December 31, 2008 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 FORT WORTH, TEXAS: that Section 1. Section 10 of the Franchise is hereby amended to state the following: This franchise shall commence on July 1, 1993 and shall expire on December 31, 2008; provided that, unless written notice is given by either party Page 1 Amendment No. 2 to Ordinance No. 11364 Oncor Electric Delivery Franchise 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. 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. 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 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. In accordance with and as required by Section 2 of Chapter XXV of the City's Charter, the City Secretary is hereby directed to publish a summary of this Ordinance once each week for four (4) consecutive weeks within. a period of thirty (30) days following adoption by the City Council in the official newspaper of the City. Section 6. This Ordinance shall be in full force and effect following (i) its adoption; and (ii) its publication in accordance with Section 5; and (iii) the filing with the City Secretary's Office and the City Attorney's Office within thirty (30) 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 ~~c;l , 200$, Ordinance No. ~goSG,•oH. ~po3 amending the current electric francluse 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. Page 2 Amendment No. 2 to Ordinance No. 11364 Oncor Electric Delivery Franchise Oncor e 'c ~li C any, LLC: By: ante ~o~.r-+ ~ Sh~varcQ Title [.6-~a~'rn,,o~p.., ~ ~,E4 ©d-cn~ ~ec~:'~ t~.~~~ C~ . ADOPTED: April 15, 2008 C-22763 Date M & C Number EFFECTIVE DATE: ~~~ APPROVED AS TO FORM AND LEGALITY: By: ~~~~`~~~ Peter Vaky Assistant City Attorney Page 3 Amendment No. 2 to Ordinance No. 11364 Oncor Electric Delivery Franchise City ®f F®r# W®rth, 1°exas Mayor and Council Communication COUNCIL ACTION: Approved on 4/15/2008 -Ord. # 18056-04-2008 DATE: Tuesday, April 15, 2008 LOG NAME: 130NCOR REFERENCE NO.: C-22763 SUBJECT: Adopt Ordinance Amending Franchise with Oncor Electric Delivery Company, LLC, (Ordinance No. 11364, As Previously Amended) Providing for Automatic Six-Month Renewals RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance which amends the City's franchise with Oncor Electric Delivery Company, LLC, as previously amended, extending the term to December 31, 2008, and providing for automatic six month renewals. DISCUSSION: The current term of the franchise between the City and Oncor Electric Delivery Company, LLC, (Oncor) is due to expire on June 30, 2008. In accordance with the franchise, unless written notice is given by either party to the other party not less than 60 days before June 30, then the franchise shall automatically be renewed for an additional period of 10 years. The City and Oncor are currently in negotiations concerning certain elements of the franchise. Neither party anticipates that these negotiations will be completed on or before the 60th day prior to June 30, 2008. Therefore, to prevent renewal of the existing franchise far another 10 years or outright termination of the franchise and to allow the parties additional time to address the remaining outstanding issues, the City and Oncor desire to amend the franchise to provide that the initial term of the franchise will expire on December 31, 2008. Thereafter, the franchise will automatically renew for additional terms of six months each unless canceled by written notice by either party provided not less than 60 days prior to the expiration of the then-current term. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office by: Or'ginating Department Head: Additional Information Contact: Karen Montgomery (6222) Lena Ellis (8517) Danny Reed (6145) Logname: 130NCOR Page 1 of 1