HomeMy WebLinkAboutOrd 399 Relating to Electric Franchise Fees Calculated and Paid under Texas Utility CodeTOWN OF WESTLAKE
ORMINANCE NO. 399
AN ORDINANCE RELATING TO ELECTRIC FRANCHISE FEE PAYMENTS AS
CALCULATED AND PAID UNDER. TEXAS UTILITY CODE § 38.008 FOR EXISTING
FRANCHISEES; CONTAINING FINDINGS AND OTHER PROVISIONS RELATING
TO THE FOREGOING SUBJECT; PROVIDING AN EFFECTIVE DATE; AND
DECLARING AN EMERGENCY.
WHEREAS, the Town of Westlake ("Town") on or about April 1, 1991, by Ordinance
No. 186 entered in a franchise ("Franchise") with Tri -County Electric Coop ("Electric Utility" or
"Transmission and Distribution Utility") which granted them the right to use the public rights-of-
way to deliver electricity in the Town; and
WHEREAS, Section 6 of the Franchise provides that the Town may collect a franchise
fee from the electric utility for use of the public rights-of-way in the Town and the Town has
collected such a fee since the Franchise was entered into; and
WHEREAS, Texas Utility Code § 33.008(a) provides that, "a municipality may impose
on an electric utility, [or] transmission and distribution utility ... that provides distribution
service within the municipality a reasonable charge as specified in Subsection (b) for the use of a
municipal street, alley, or public way to deliver city to a retail customer.";
WHEREAS, Texas Utility Code § 33.008(b) provides in part that "[i]f a municipality
collected a charge or fee for a franchise to use a municipal street, alley, or public way before ...
[December 31, 2001], the municipality, after [December 31, 2001] ... is entitled to collect from
each electric utility, [or] transmission and distribution utility ... that uses the municipality's
streets, alleys, or public ways to provide distribution service a charge based on each kilowatt
hour of city delivered by the utility to each retail customer whose consuming facility's point of
delivery is located within the municipa:.ity's boundaries.";
WHEREAS, Texas Utility Code § 33.008(b) further provides that "[t]he charge imposed
shall be equal to the total electric franchise fee revenue due the municipality from electric
utilities ... for calendar year 1998 divided by the total kilowatt hours delivered during 1998 by
the ... electric utility ... to retail customers whose consuming facilities' points of delivery were
located within the municipality's boundaries." ("KWH Charge").
WHEREAS, § 33.008(b) furher provides "[t]he compensation a municipality may
collect from each electric utility, [or] transmission and distribution utility . . . providing
distribution service shall be equal to th{-, charge per kilowatt hour determined for 1998 multiplied
times the number of kilowatt hours delivered within the municipality's boundaries.";
WHEREAS, the Town Council finds and determines that the Town did collect a
franchise fee before December 31, 2001 and desires to impose and collect the charge authorized
of Texas Utility Code § 33.008 from &e Electric Utility or Transmission and Distribution Utility
in the Town;
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF ALDERMEN OF
THE TOWN OF WESTLAKE, TEXAS;
SECTION 1: That the findings contained in the preamble of this Ordinance are
determined to be true and correct and are hereby adopted.
SECTION 2: Pursuant to Texas Utility Code § 33.008(a) and § 33.008(b), the Town
imposes on the Electric Utility and/or Transmission and Distribution Utility, that provides
distribution service within the municip Aities' boundaries, a KWH charge as authorized by Texas
Utility Code § 33.008 Such charge shall be paid quarterly, as is provided for in the Franchise.
SECTION 3: Upon payment of the per kilowatt hour charge, as authorized by the Texas
Utility Code, § 33.008 the Electric Utility or Transmission and Distribution Utility shall also file
a report with the Town evidencing the kilowatt hours delivered within the Town during the
applicable period, and other reasonable information as requested in writing by the Town to verify
the accuracy of that Report.
SECTION 4: Violations of Ordinance. It shall be a violation of this Ordinance for the
Franchisee to knowingly make a material misrepresentation of any information required to be
reported under this ordinance.
SECTION 5: Severability. If any section, subsection, sentence, clause, phrase, or
portion of this ordinance is for any :-eason held invalid or unconstitutional by any court or
administrative agency of competent jurisdiction, such portion shall be deemed a separate,
distinct, and independent provision and such holding shall not affect the validity of the remaining
portions thereof.
SECTION 6: Effective date:. This Ordinance shall take effect September 24, 2001,
with the KWH charge beginning to accrue as of 12:01 AM, January 1, 2002.
PASSED AND APROVED THIS 24TH DAY OF SEPTEMBER, 2001,
Scott Bradley, Mayor
ATTEST:
/a--
GingeO'—rosswy, Town Ocretaxy
APPROVED AS TO LEGAL FORM:
AUSTIN_ 1\173111\1
09/12/2001 - 999993-1318
Trent O. Petty, Town Manag ,
I solemnly swear that a true and correct copy of the Public Notice Ordinance No.
399 was published in THE KELLER CITIZEN, a newspaper having general
circulation in the counties of Denton and Tarrant, and that the dates that said
issues of the newspaper bore in which such notice was published were
November 6, 2001.
A copy of the notice as published, clipped from the newspaper is attached hereto.
Pam Nolte, Classified Ad Manager
THE STATE OF TEXAS §
M
COUNTY OF TARRANT §
Pam Nolte
this 28th day of November, 2001, to certify which
witness my hand and seal of office.
I
Notary Public, State of Texas
Printed Name of Notary
My commission expires
O �,D U 3 �� -, M
,-. K� �g '6" 2 :,3 0
q F--, %., �,— &9 " a-ll� -: 9
0 M (= -4 U) .0- , �--0 11 , U �1, W 0
01
> I-
P 05 m
>
'R1 s5
0 (D Z
CC (D Cc
0 z Ems CC) :- i r• -c
Alf L V4 VI,_0
0
D
0 M M 0
'20
COO 1/1 cl
- n ;5- 9 N w -0 2� N
3 CO=
C7nm- '. ! �
-06,
-E
cry 4, c5 ta-6. - - I
j��=
CD
NOV CD Folio E
E:�
3CD 8 -C9
F3 McO °3o
Z!F,
CD 0 -0
-KD
-n -n -n r- cr -nD<
a u "D 4)
U:!o
qo NMI'
=r 0 0
---------------- a :s --5 :E -,)
to -0 V
W 0 M
(D ID
CL UO COO =3: 0
0 M CL
m r- CD -4 o -
a Op (a A.
cD CD ® "D
.0
M (D
0
m >
3 i It
M i�a O'g
tT
La
>
0 Z,
>
4
M 42
—i F,4r�o i -a
------------
ay
;::44 f2l"
0 0 (D CL
P)
0- Z OL
0
0 M
0,1<7c:j 3
M OD C:� r- -.j T �-%10 's®a
gE 0 0 0 jya,'<
CL, < =:E5ar3
>
0 C-)
0 -04
Z,
CD 5' 0
0!0 19 5 Q
CL
>
C, 5D 2K W.3
(D
(D -0
6 In
C) go
Ln 0
OQ -S)`wwo
i;�z
5 u
m
0 0
C, CLIO I=
-6, M.@ z
cl 0
— 0 ��(Q @ z
0 ID
0 C�O, CD Z
asoam"Do- M M a)
0 * u
4D E
0 CL o CL z cn
:3 w 50WO-oz 0 -4 0
se. wa iD 1 r la
CD Er 3 2 3 0 > 0 Qu7
:3
CL 5 (0
C?
cL
Z
0
CDFF C) 0
Cl
(D g 1
-c - CD CCD CD
CD 01 a- f. :� 'D�4 -0
(D s.
w C,
R,
q
cr
CA I'D
I'D
0 0
>
CA
CD CLas o c s
5.
CD 5- 0
0 Tiq
,
ID
p E; lw
C) CD (D Fl,
< 77
0 CD
CD No
E4:ti
as
CD coo
:z 0
C -D
cn
0