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ORD 592 05/27/2003ORDINANCE NO. 592 GRANTING AN ELECTRIC AND GAS FRANCHISE TO CITY PUBLIC SERVICE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO SECTION 1. Description. The City of San Antonio, acting by and through the City Public Service Board, (CPS), is granted a twenty-year franchise commencing, May 27, 2003, for transmission, distribution and sale of electricity and gas within the City of Cibolo (City). CPS may construct, operate and maintain in, upon, over, under, and across the present and future streets, alleys, public ways and places within the City all the facilities CPS deems reasonably necessary for the rendition of safe, reliable and economical electric and gas service (CPS Facilities). SECTION 2. Payment for Street Rental. CPS shall make a payment for street rental to the City in the amount of three percent (3%) of CPS's gross receipts from the sale of electricity and gas within the City. "Gross receipts" excludes uncollectibles. The payment for street rental shall be treated by CPS as a system -wide cost of service, and shall not be identified separately on the customer bill. 2.1. The payment for street rental will reflect CPS's gross receipts for such sales, on a quarterly basis and will be due to the City within thirty (30) days after the close of each quarter in CPS's fiscal year. SECTION 3. Limitation on Assessments. The street rental charge is in lieu of all other fees or charges and the City shall not impose or collect, nor attempt to impose or collect, any charge or fee in connection with the construction, operation and maintenance of CPS Facilities within the City other than the payment for street rental provided for under SECTION 2 above. SECTION 4. Audits. Upon written notice to CPS, the City shall be entitled, during normal working hours and at reasonable intervals during the term of this agreement, to audit records of CPS supporting the payment for street rental, including customer lists, to the extent such information is public information. SECTION 5. Construction, Operation and Maintenance of Facilities. CPS may open cut streets, curbs and sidewalks, bore, or utilize any other methods it deems reasonably necessary to construct, operate and maintain CPS Facilities within the City. The design and construction of CPS Facilities and CPS's access to and restoration of paved surfaces shall be in accordance with CPS's design and construction standards, which CPS shall make available for review by the City upon request. Street cuts and restoration of paved surfaces shall be subject to ordinances that may be adopted by the City of Cibolo (City), to the extent that such requirements are not in conflict with the following provisions. 5.1 Prior to starting any work, CPS shall give ten (10) days written notice of the scope and duration of the work to the official designated by the City. Prior notice maybe reduced or waived by the City in order to allow the work to proceed. In the event CPS determines there is an emergency, CPS may act without any prior notice, but shall provide notice to the City as soon as practicable. 5.2 The surface of any street, alley, .or public way or place disturbed by CPS shall be restored by CPS within a reasonable time after the completion of the work. No street, alley, or public way or place shall be encumbered by CPS for a longer period than shall be reasonably necessary to execute the work. CPS shall continue to maintain the integrity of the portion of any paved surface over CPS Facilities, as restored by CPS during the work, as long as CPS Facilities remain in use by CPS at that location. CPS shall have no responsibility for any injuries to landscaping or improvements located over, under, or around CPS Facilities, but shall use reasonable care to avoid such injuries. SECTION 6. Civic Improvements. The City shall give reasonable prior written notice of street repaving, widening or straightening projects to CPS. CPS shall, at its expense, relocate CPS Facilities in connection with activities reasonably related to the City's widening or straightening of streets.. SECTION 7. Use of Pole Space. CPS shall permit the City to use existing CPS poles for the City's communications conductors used for the City's governmental purposes, to the extent CPS determines space is available. Such use shall be subject to the City's execution of CPS's form of contract for pole attachment and payment of the CPS fees applicable to such service. SECTION 8. Rate Schedules. CPS shall offer to serve the City's accounts under the rate schedules most favorable to the City, in accordance with CPS's Rules and Regulations applying to Electric and Gas Service. SECTION 9. Furnishing of Information. Upon the City's request, CPS will make available to the City meeting agendas for City Public Service Board meetings, information packets, and rate filings, and will arrange periodic sessions for presentations by and discussions with knowledgeable CPS employees. SECTION 10. Uniform Franchise Benefits. If at any time during the term of this agreement, CPS enters into a franchise agreement for the provision of electric or gas service which provides increased financial benefits to any incorporated community in excess of the percentages stated in SECTION 2, CPS shall provide written notice of such event to the City. At the option of the City, which must be exercised in writing within thirty (30) days after the City's receipt of notice from CPS, this agreement shall be replaced with the form of franchise agreement entered into with such other incorporated community. The new agreement shall be effective from the same date shown in the franchise with such other incorporated community. SECTION 11. Limited indemnity. It is expressly understood and agreed by and between the City and CPS that CPS shall indemnify and hold the City harmless from any and all loss sustained by the City on account of any suit, judgement, claim or demand whatsoever to the extent that such loss is attributed to the negligence of CPS, its agents or employees in the performance of services under this Franchise Agreement. SECTION 12. Effective Date. This franchise agreement shall become effective upon its adoption by the City in the form authorized by the City Public Service Board. It shall supersede and take precedence over inconsistent ordinances, resolutions, or regulations hereafter or heretofore ,passed by the City. The payments provided for in SECTION 2 shall be effective for CPS's gross receipts from electric and gas sales within the City commencing August 1, 2003, if this franchise agreement is adopted by the City on or before July 31, 2003, and otherwise shall be effective for CPS's gross receipts from electric and gas sales within the City commencing the first day of the month following adoption by the City. SECTION 13. Headings. The headings of the sections in this agreement are for organizational purposes only. They have no separate meaning and shall not be read as affecting the language of the sections. SECTION 14. Continuation of Agreement. This agreement shall remain in effect beyond the expiration of its term until a new agreement becomes effective between the parties or until this agreement is terminated by either party upon 180 days prior written notice, which notice may precede the expiration date by not more than 180 days. SECTION 15. Assignment. This agreement may be assigned by CPS upon mutual written agreement of the City and CPS. Passed and Approved this 27`h day of May, 2003. TTE T��� K)V 2—JZ7 City Secre ary we,Aftd�-� MAYOR ACCEPTANCE OF FRANCHISE AGREEMENT GRANTED BY THE CITY OF CIBOLO, TEXAS The franchise agreement adopted, by Ordinance, by the governing body of the City of Cibolo, Texas on the 27`" day of May, 2003, is hereby accepted by the City Public Service Board of San Antonio acting for the City of San Antonio, as provided in Section 1 of said ordinance. Signed and delivered on this day of At6afa , 2003. CITY PUBLIC SERVICE BOARD OF SAN ANTONIO By 1 ^ Milton B. Lee, General Manager and CEO ORDINANCE NO. 5 a GRANTING AN ELECTRIC AND GAS FRANCHISE TO CITY PUBLIC SERVICE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF Q_, JW I O SECTION 1. Description. The City of San Antonio, acting by and through the City Public Service Board, (CPS), is granted a twenty-year franchise commencing, in 2003, for transmission, distribution and sale of electricity and gas within the City of Q_%_V3 I i1 (City). CPS may construct, operate and maintain in, upon, over, under, and across the present and future streets, alleys, public ways and places within the City all the facilities CPS deems reasonably necessary for the rendition of safe, reliable and economical electric and gas service (CPS Facilities). SECTION 2. Payment for Street Rental. CPS shall make a payment for street rental to the City in the amount of three percent (3%) of CPS's gross receipts from the sale of electricity and gas within the City. "Gross receipts" excludes uncollectibles. The payment for street rental shall be treated by CPS as a system -wide cost of service, and shall not be identified separately on the customer bill. 2.1. The payment for street rental will reflect CPS's gross receipts for such sales, on a quarterly basis and will be due to the City within thirty (30) days after the close of each quarter in CPS's fiscal year. SECTION 3. Limitation on Assessments. The street rental charge is in lieu of all other fees or charges and the City shall not impose or collect, nor attempt to impose or collect, any charge or fee in connection with the construction, operation and maintenance of CPS Facilities within the City other than the payment for street rental provided for under SECTION 2 above. SECTION 4. Audits. Upon written notice to CPS, the City shall be entitled, during normal working hours and at reasonable intervals during the term of this agreement, to audit records of CPS supporting the payment for street rental, including customer lists, to the extent such information is public information. SECTION 5. Construction, Operation and Maintenance of Facilities. CPS may open cut streets, curbs and sidewalks, bore, or utilize any other methods it deems reasonably necessary to construct, operate and maintain CPS Facilities within the City. The design and construction of CPS Facilities and CPS's access to and restoration of paved surfaces shall be in accordance with CPS's design and construction standards, which CPS shall make available for review by the City upon request. Stt cuts and restoration of paved surfaces shall be subject to rge ordinances that may be adopted by the City of .,Jpdo (City), to the extent that such requirements are not in conflict with the following provisions. 5.1 Prior to starting any work, CPS shall give ten (10) days written notice of the scope and duration of the work to the official designated by the City. Prior notice may be reduced or waived by the City in order to allow the work to proceed. In the event CPS determines there is an emergency, CPS may act without any prior notice, but shall provide notice to the City as soon as practicable. 5.2 The surface of any street, alley, or public way or place disturbed by CPS shall be restored by CPS within a reasonable time after the completion of the work. No street, alley, or public way or place shall be encumbered by CPS for a longer period than shall be reasonably necessary to execute the work. CPS shall continue to maintain the integrity of the portion of any paved surface over CPS Facilities, as restored by CPS during the work, as long as CPS Facilities remain in use by CPS at that location. CPS shall have no responsibility for any injuries to landscaping or improvements located over, under, or around CPS Facilities, but shall use reasonable care to avoid such injuries. SECTION 6. Civic Improvements. The City shall give reasonable prior written notice of street repaving, widening or straightening projects to CPS. CPS shall, at its expense, relocate CPS Facilities in connection with activities reasonably related to the City's widening or straightening of streets. SECTION 7. Use of Pole Space. CPS shall permit the City to use existing CPS poles for the City's communications conductors used for the City's governmental purposes, to the extent CPS determines space is available. Such use shall be subject to the City's execution of CPS's form of contract for pole attachment and payment of the CPS fees applicable to such service. SECTION 8. Rate Schedules. CPS shall offer to serve the City's accounts under the rate schedules most favorable to the City, in accordance with CPS's Rules and Regulations applying to Electric and Gas Service. SECTION 9. Furnishing of Information. Upon the City's request, CPS will make available to the City meeting agendas for City Public Service Board meetings, information packets, and rate filings, and will arrange periodic sessions for presentations by and discussions with knowledgeable CPS employees. SECTION 10. Uniform Franchise Benefits. If at any time during the term of this agreement, CPS enters into a franchise agreement for the provision of electric or gas service which provides increased financial benefits to any incorporated community in excess of the percentages stated in SECTION 2, CPS shall provide written notice of such event to the City. At the option of the City, which must be exercised in writing within thirty (30) days after the City's receipt of notice from CPS, this agreement shall be replaced with the form of franchise agreement entered into with such other incorporated community. The new agreement shall be effective from the same date shown in the franchise with such other incorporated community. SECTION 11. Limited indemnity. It is expressly understood and agreed by and between the City and CPS that CPS shall indemnify and hold the City harmless from any and all loss sustained by the City on account of any suit, judgement, claim or demand whatsoever to the extent that such loss is attributed to the negligence of CPS, its agents or employees in the performance of services under this Franchise Agreement. SECTION 12. Effective Date. This franchise agreement shall become effective upon its adoption by the City in the form authorized by the City Public Service Board. It shall supersede and take precedence over inconsistent ordinances, resolutions, or regulations hereafter or heretofore passed by the City. The payments provided for in SECTION 2 shall be effective for CPS's, gross receipts from electric and gas sales within the City commencing , if this franchise agreement is adopted by the City on or before , and otherwise shall be effective for CPS's gross receipts from electric and gas sales within the City commencing the first day of the month following adoption by the City. SECTION 13. Headings. The headings of the sections in this agreement are for organizational purposes only. They have no separate meaning and shall not be read as affecting the language of the sections. SECTION 14. Continuation of Agreement. This agreement shall remain in effect beyond the expiration of its term until a new agreement becomes effective between the parties or until this agreement is terminated by either party upon 180 days prior written notice, which notice may precede the expiration date by not more than 180 days. SECTION 15. Assignment. This agreement may be assigned by CPS upon mutual written agreement of the City and CPS. Passed and Approved this C�i1Tk day of 000M 2003. o Mavo EST: City Secretary City Public Service of San Antonio, Texas August 18, 2003 The Honorable Charles Ruppert Mayor, City of Cibolo Post Office Box 826 Cibolo, Texas 78108 Dear Mayor Ruppert Thank you for returning the executed copy of the City of Cibolo's Ordinance No. 592 granting an electric and gas franchise to City Public Service. Enclosed is a copy of that agreement for your records attached to an official acceptance of franchise agreement from City Public Service. Our Board and staff appreciate the City of Cibolo's cooperation and confidence in City Public Service. We continue to pledge to you and your citizens (our customers) high quality energy services, produced in an environmentally friendly manner, at a reasonable cost. As CPS customers come on-line in Cibolo, we will commence sending you the franchise fee on a quarterly basis at the rate quoted in the agreement. In the meantime, if we can be of further service to you, please contact your CPS Municipal Account Manager, Ms. Terry Trevino at 353-3038 or your CPS Business Retention and Expansion Supervisor, Mr. Tom Long at 353-3776. Sincerely, A p Milton B. Lee General Manager and CEO MBL:TL:mjnd Enclosures 145 Navarro/P. O. Box 1771 San Antonio, Texas 78296-1771 (210) 353-2000 ORDINANCE NO. 592 GRANTING AN ELECTRIC AND GAS FRANCHISE TO CITY PUBLIC SERVICE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO SECTION 1. Description. The City of San Antonio, acting by and through the City Public Service Board, (CPS), is granted a twenty-year franchise commencing, May 27, 2003, for transmission, distribution and sale of electricity and gas within the City of Cibolo (City). CPS may construct, operate and maintain in, upon, over, under, and across the present and future streets, alleys, public ways and places within the City all the facilities CPS deems reasonably necessary for the rendition of safe, reliable and economical electric and gas service (CPS Facilities). SECTION 2. Payment for Street Rental. CPS shall make a payment for street rental to the City in the amount of three percent (3%) of CPS's gross receipts from the sale of electricity and gas within the City. "Gross receipts" excludes uncollectibles. The payment for street rental shall be treated by CPS as a system -wide cost of service, and shall not be identified separately on the customer bill. 2.1. The payment for street rental will reflect CPS's gross receipts for such sales, on a quarterly basis and will be due to the City within thirty (30) days after the close of each quarter in CPS's fiscal year. SECTION 3. Limitation on Assessments. The street rental charge is in lieu of all other fees or charges and the City shall not impose or collect, nor attempt to impose or collect, any charge or fee in connection with the construction, operation and maintenance of CPS Facilities within the City other than the payment for street rental provided for under SECTION 2 above. SECTION 4. Audits. Upon written notice to CPS, the City shall be entitled, during normal working hours and at reasonable intervals during the term of this agreement, to audit records of CPS supporting the payment for street rental, including customer lists, to the extent such information is public information. SECTION 5. Construction, Operation and Maintenance of Facilities. CPS may open cut streets, curbs and sidewalks, bore, or utilize any other methods it deems reasonably necessary to construct, operate and maintain CPS Facilities within the City. The design and construction of CPS Facilities and CPS's access to and restoration of paved surfaces shall be in accordance with CPS's design and construction standards, which CPS shall make available for review by the City upon request. Street cuts and restoration of paved surfaces shall be subject to ordinances that may be adopted by the City of Cibolo (City), to the extent that such requirements are not in conflict with the following provisions. 5.1 Prior to starting any work, CPS shall give ten (10) days written notice of the scope and duration of the work to the official designated by the City. Prior notice may be reduced or waived by the City in order to allow the work to proceed. In the event CPS determines there is an emergency, CPS may act without any prior notice, but shall provide notice to the City as soon as practicable. 5.2 The surface of any street, alley, or public way or place disturbed by CPS shall be restored by CPS within a reasonable time after the completion of the work. No street, alley, or public way or place shall be encumbered by CPS for a longer period than shall be reasonably necessary to execute the work. CPS shall continue to maintain the integrity of the portion of any paved surface over CPS Facilities, as restored by CPS during the work, as long as CPS Facilities remain in use by CPS at that location. CPS shall have no responsibility for any injuries to landscaping or improvements located over, under, or around CPS Facilities, but shall use reasonable care to avoid such injuries. SECTION 6. Civic Improvements. The City shall give reasonable prior written notice of street repaving, widening or straightening projects to CPS. CPS shall, at its expense, relocate CPS Facilities in connection with activities reasonably related to the City's widening or straightening of streets. SECTION 7. Use of Pole Space. CPS shall permit the City to use existing CPS poles for the City's communications conductors used for the City's governmental purposes, to the extent CPS determines space is available. Such use shall be subject to the City's execution of CPS's form of contract for pole attachment and payment of the CPS fees applicable to such service. SECTION 8. Rate Schedules. CPS shall offer to serve the City's accounts under the rate schedules most favorable to the City, in accordance with CPS's Rules and Regulations applying to Electric and Gas Service. SECTION 9. Furnishing of Information. Upon the City's request, CPS will make available to the City meeting agendas for City Public Service Board meetings, information packets, and rate filings, and will arrange periodic sessions for presentations by and discussions with knowledgeable CPS employees. SECTION 10. Uniform Franchise Benefits. If at any time during the term of this agreement, CPS enters into a franchise agreement for the provision of electric or gas service which provides increased financial benefits to any incorporated community in excess of the percentages stated in SECTION 2, CPS shall provide written notice of such event to the City. At the option of the City, which must be exercised in writing within thirty (30) days after the City's receipt of notice from CPS, this agreement shall be replaced with the form of franchise agreement entered into with such other incorporated community. The new agreement shall be effective from the same date shown in the franchise with such other incorporated community. SECTION 11. Limited indemnity. It is expressly understood and agreed by and between the City and CPS that CPS shall indemnify and hold the City harmless from any and all loss sustained by the City on account of any suit, judgement, claim or demand whatsoever to the extent that such loss is attributed to the negligence of CPS, its agents or employees in the performance of services under this Franchise Agreement. SECTION 12. Effective Date. This franchise agreement shall become effective upon its adoption by the City in the form authorized by the City Public Service Board. It shall supersede and take precedence over inconsistent ordinances, resolutions, or regulations hereafter or heretofore passed by the City. The payments provided for in SECTION 2 shall be effective for CPS's gross receipts from electric and gas sales within the City commencing August 1, 2003, if this franchise agreement is adopted by the City on or before July 31, 2003, and otherwise shall be effective for CPS's gross receipts from electric and gas sales within the City commencing the first day of the month following adoption by the City. SECTION 13. Headings. The headings of the sections in this agreement are for organizational purposes only. They have no separate meaning and shall not be read as affecting the language of the sections. SECTION 14. Continuation of Agreement. This agreement shall remain in effect beyond the expiration of its term until a new agreement becomes effective between the parties or until this agreement is terminated by either party upon 180 days prior written notice, which notice may precede the expiration date by not more than 180 days. SECTION 15. Assignment. This agreement may be assigned by CPS upon mutual written agreement of the City and CPS. Passed and Approved this 27`h day of May, 2003. ATT ST A A City Secretary 2 Ki>� � � Mral,