ORD 1090 03/11/2014 rte£
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3�N/IHIH/MINiMII AG'�d
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"City of Choice"
ORDINANCE No._LO_gp
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS
AMENDING ORDINANCE No. 1081; PROVIDING FOR ADOPTION; THERETO;
PROVIDING THAT THIS ORDINANCE IS CUMULATIVE OF ALL OTHER
ORDINANCES OF THE CITY NOT IN CONFLICT WITH THE PROVISIONS OF THIS
ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Ordinance 1081, amends the terms of an electric and gas franchise to City Public
Service(CPS Energy)established under Ordinance 592;
WHEREAS, CPS Energy has offered a change in the terms of the existing franchise to make an
additional 0.5% franchise fee available to cities;
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CIBOLO TEXAS:
SECTION 1. Description. This agreement hereby grants the City of San Antonio, acting
by and through the City Public Service Board, (CPS Energy), a ten (10) year franchise
commencing on February 1, 2014 for transmission, distribution and sale of electricity and
gas within CPS Energy's certificated service area and within the City of Cibolo, Texas
(Franchise Agreement). CPS Energy may construct, operate and maintain in, upon, over,
under, and across the present and future streets, alleys, public ways and places within the
City of Cibolo, Texas (City) all the facilities CPS Energy deems reasonably necessary for
the rendition of safe, reliable and economical electric and gas service (CPS Energy
Facilities).
SECTION 2. Payment for Street Rental. CPS Energy shall make a payment for street rental
to the City in the amount of four and a half percent (4.5%) of CPS Energy'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 Energy 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 Energy'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 Energy's fiscal year.
2.2. If at any time within the term of this franchise, the City passes an ordinance increasing
the franchise free from 4.5%to 5.5%, CPS Energy agrees to execute documents necessary to
accept this increased fee. Payment of the additional 1% shall be treated by CPS Energy as a
City-specific fee and will be identified separately as a surcharge on bills of customers
residing within the City limits. Payment to the City of this additional street rental fee will be
made consistent with the procedure described in Section 2.1, beginning no sooner than the
following quarter, as soon as the implemented surcharge is reflected on customer bills.
SECTION 3. Limitation on Assessments. No revision is made to this Section.
SECTION 4. Audits. No revision is made to this Section.
SECTION 5. Construction. Operation and Maintenance of Facilities. No revision is made to
this Section.
5.1 No revision is made to this Subsection.
5.2 No revision is made to this Subsection.
SECTION 6. Civic Improvements. No revision is made to this Section.
SECTION 7. Use of Pole Space. No revision is made to this Section.
SECTION 8. Rate Schedules. No revision is made to this Section.
SECTION 9. Furnishing of Information. No revision is made to this Section.
SECTION 10.Uniform Franchise Benefits. No revision is made to this Section.
SECTION 11. Limited indemnity. No revision is made to this Section.
SECTION 12. Effective Date. This Franchise Agreement shall become effective upon its
adoption by the City in the form authorized by the board of CPS Energy. 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 Energy's gross receipts from electric and gas sales within the City commencing
the first day of the month of the beginning of the following business quarter upon
adoption by the City and receipt of documentation by CPS Energy.
SECTION 13. Headings. No revision is made to this Section.
SECTION 14.Continuation of Agreement.No revision is made to this Section.
SECTION 15.Assignment.No revision is made to this Section.
Exhibit A: Confidentiality Agreement for an Inter-governmental Transfer of Information. No
revision is made to this Exhibit.
AND IT IS SO ORDAINED.
PASSED AND APPROVED by a vote of J for,and_36 against this 11'day of March,
2014.
SIGNED:
ATTEST: Lisa Jackso ayor
Peggy Cimics, City Secretary