ORD 1081 12/10/2013 O
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ORDINANCE # 1081
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS
AMENDING ORDINANCE No. 592; 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 592, grants an electric and gas franchise for twenty years to City Public
Service(CPS Energy); and
WHEREAS,CPS Energy has requested an amendment to the existing franchise.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CIBOLO TEXAS:
I.
AMENDMENTS
Ordinance No. 592 is hereby amended as follows:
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 percent (4%) 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.
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
February 1, 2014, if this Franchise Agreement is adopted by the City on or before
January 31, 2014, or otherwise shall be effective for CPS Energy'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. 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.
II.
This Ordinance shall be cumulative of all provisions of ordinances of the City of Cibolo, Texas, except
where the provisions of the Ordinance are in direct conflict with the provisions such ordinances, in which
event the conflicting provisions of such ordinances are hereby repealed.
III.
It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences,
paragraphs, and sections of this Ordinance are severable, and if any phrase, clause sentence,paragraph or
section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court
of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences,paragraphs and sections of this Ordinance, since the same would have been enacted by the City
Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence,
paragraph or section.
PASSED,APPROVED,AND ADOPTED on this 10th day of December 2012 at a regular meeting
of the City Council of the City of Cibolo,Texas which meeting was held in compliance with the Open
Meetings Act, Tex. Gov't Code, §551.001,et.seq. and at which meeting a quorum was present and
voting.
SIGNED:
ATTEST: Lisa M.Jacksv,Mayor
Peggy Cimics, City Secretary