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Home My WebLink About028605 ORD - 05/18/2010AN ORDINANCE GRANTING APPROVAL TO AEP TEXAS CENTRAL COMPANY, FOR THE PARTIAL ASSIGNMENT OF ITS FRANCHISE TO CONSTRUCT, MAINTAIN AND OPERATE LINES AND APPURTENANCES AND APPLIANCES FOR CONDUCTING ELECTRICITY IN, OVER, UNDER AND THROUGH THE STREETS, AVENUES, ALLEYS AND PUBLIC RIGHTS-OF-WAY OF THE CITY OF CORPUS CHRISTI, TEXAS TO ELECTRIC TRANSMISSION TEXAS, LLC. WHEREAS, AEP Texas Central Company, ("AEP") currently provides electric delivery service in the City of Corpus Christi ("City") under a franchise ordinance passed and approved by the Corpus Christi City Council on January 13, 2009 (the "Franchise"); and, WHEREAS, AEP on or about March 29, 2010, transferred ownership of certain transmission facilities within the City to Electric Transmission Texas, LLC ("ETT"), an affiliate of AEP that was formed by subsidiaries of American Electric Power Company and MidAmerican Energy Holdings Company to construct, own, operate and maintain transmission facilities in the service areas of the AEP companies in Texas; and, WHEREAS, Article IX, Section 4 of the City's Charter provides that no franchise of the City shall be transferred by the holder thereof except with the approval of the City Council expressed by ordinance, which approval shall not be unreasonably withheld; and, WHEREAS, AEP and ETT desire City's approval of a partial assignment of AEP's Franchise to ETT covering certain transmission facilities within the City, as more particularly described and depicted in the attached Exhibit A. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Approval of Partial Assignment. Pursuant to Article IX of its Charter, City herby grants to AEP approval of a partial assignment of its Franchise to Electric Transmission Texas, LLC, covering certain transmission facilities within the City as more particularly described and depicted in the Exhibit A attached hereto and incorporated by this reference, contingent upon ETT's timely filing of written acceptance in accordance with Section 6 below. SECTION 2. Operation and Maintenance. ETT shall comply with all applicable terms and provisions of the Franchise respecting the transmission facilities owned within the City. 028605 H:\LEG-DIR\Lisa\2010 AEP franchise\Approval to Assign CC Franchise_clean May 4 2010.docx INDEXED SECTION 3. No Distribution Service. As ETT will own only transmission facilities within the City, it shall not provide distribution service to retail customers in the City. Further, because Texas law dictates that franchise fees be based on the amount of electricity delivered to retail customers within the City, the partial assignment of transmission facilities to ETT shall not affect the amount of franchise fees received by the City. AEP shall continue to provide distribution service to the City and pay the same amount of franchise fees calculated as set out in the Franchise. SECTION 4. Notices. All notices and communications to ETT shall be made in writing and may be delivered by hand delivery, United States mail, overnight courier service or facsimile to the address set forth below. ETT may change its address by providing notice of same in accordance herewith. J. Calvin Crowder President Electric Transmission Texas, LLC 400 W. 15th St., Suite 800 Austin, TX 78701-1677 Telephone: (512) 391-2961 Fax: (866) 947-1063 With copy to: Alexandra L. Hobbs Senior Corporate Counsel Electric Transmission Texas, LLC 400 West 15th Street, Suite 800 Austin, Texas 78701 Telephone: (512) 391-6330 Fax: (512) 391-2965 SECTION 5. Publication. Publication shall be made as required by City's Charter, with AEP to pay publication costs. SECTION 6. Acceptance. ETT shall file its written acceptance of partial assignment of the Franchise within 30 days after final passage by the City Council of the City. If the acceptance is not filed within such time, City's approval of the partial assignment shall be null and void. SECTION 7. Effective date. This ordinance shall be in full force and effect from and after its final passage and approval at two regular meetings of the City Council, its publication and ETT's filing of its acceptance thereof. H:\LEG-DIR\Lisa\2010 AEP franchise\Approval to Assign CC Franchise_clean May 4 2010.docx PASSED, ORDAINED, APPROVED AND ADOPTED this L--61a)t-- , 2010. ATTEST: Armando Chapa, City Secret: ry APPROVED AS TO FORM: May 3, 2010 Lisa Aguila Assistant gu City Attorney For City Attorney CITY OF CORPUS CHRISTI BY: day of adOtite Joe dame, Mayor H:\LEG-DIR\Lisa\2010 AEP franchise\Approval to Assign CC Franchise_clean May 4 2010.docx EXHIBIT A Transferred Transmission Lines The transmission facilities in Corpus Christi that have been transferred from AEP Texas Central Company to ETT include four (4) transmission lines, portions of which are located in the public rights of way of the City. The 11.5 mile McKenzie to Westside 138 kV line runs in a southeasterly direction from the McKenzie Substation along the Corpus Christi city limit boundary and then turns south crossing State Highway 44 (Agnes Street). The line continues south and then makes a 90 degree turn to the east, then turns southeasterly, and then turns again to the south paralleling Bockholt Road. After another 90 degree turn to the east, the line crosses McGloin Road before again turning southeasterly, crossing Old Brownsville Road. The line then turns to the northeast and into the Westside Substation. The 1.2 mile Citgo West to Weil Tract 138 kV line runs in an easterly direction from the Citgo West Substation generally paralleling Interstate 37 before turning in a southeasterly direction along Leopard Street and into the Weil Tract Substation. The 6.88 mile Lon Hill to Hearns Ferry to Upriver 139/69 kV double -circuit line runs in an easterly direction from the Lon Hill Substation and generally parallels and makes one crossing of Interstate 37 before turning into the Upriver Substation. The 6.35 mile Upriver to Valero West to Valero East to Air Liquide to Highway 9 line is a 69 kV line that runs in an easterly direction from the Upriver Substation generally paralleling Interstate 37 before turning in a southerly direction and crossing Interstate 37. The line then continues south paralleling State Highway 358. The line then turns 90 degrees to the east and crosses State Highway 358 and into the Highway 9 Substation. A map is attached showing the approximate locations of the substations and the general course of the lines through Corpus Christi. AEP Texas Central Company will retain all distribution facilities in Corpus Christi. H:\LEG-DIR\Lisa\2010 AEP franchise\Approval to Assign CC Franchise_clean May 4 2010.docx Pvhihit A it • e . iV -A RT.-"$ • _ 5 „,,‘ . •- - • r - • . , 4 1 : k ' , • That the foregoing ordince was read for he first time and passed to its second reading on this the %/ day of , 2010, by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott v That the going ordinance was read for the second time and passed finally on this the day of / , 2010, by the following vote: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary APPROVED as to form: rhos 4, mol J By: Lisa Aguilar ssistant City Attorney for the City Attorney day of % �'(�(, 2010. Joe"dame Mayor 028605 ACCEPTANCE OF PARTIAL ASSIGNMENT OF FRANCHISE WHEREAS, the City Council of the City of Corpus Christi, Texas, by ordinance finally passed, adopted and approved at a meeting of said City Council held on the 18th day of May, 2010, approved the partial assignment of AEP Texas Central Company's franchise with the City of Corpus Christi to Electric Transmission Texas, LLC; and, WHEREAS, in compliance with the terms of said ordinance, Electric Transmission Texas, LLC desires to file its written acceptance thereof. NOW, THEREFORE, Electric Transmission Texas, LLC, a Delaware limited liability company, acting by its duly authorized officer, hereby accepts and files this, its acceptance of the partial assignment of franchise, and agrees that it and its successors and assigns, are and shall be entitled to all of the rights, privileges, authority and franchise granted and are and shall be bound by and will comply with all of the applicable duties, liabilities, terms and provisions thereof. IN WITNESS WHEREOF, Electric Transmission Texas, LLC has caused these presents to be executed by its duly authorized officer this the 2oik day of , 2010. Electric Transmission Texas, LLC Doc #402774.v1 Date: 5x20/2010 11:57 AM Calvin Crowder, President STATE OF TEXAS COUNTY OF NUECES I, the undersigned, City Secretary of the City of Corpus Christi, Texas, hereby CERTIFY that the above and foregoing is a full, true and correct copy of an instrument dated the as day of , 2010, accepting the partial assignment of franchise rights granted in accordance with applicable law by an ordinance of the City Council of the City of Corpus Christi, Texas, finally approved on the 18th day of May, 2010, which acceptance was filed by Electric Transmission Texas, LLC with the City of Corpus Christi, Texas, on the d�7 day of , 2010, and that such acceptance appears of record and on file in my office. IN TESTIMONY WHEREOF, witness my hand and seal of the City of Corpus Christi, Texas, this 4% day of , 2010. (L/Oft„ Armando Chapa, City Secretary City of Corpus Christi, Texas Doc #402774.1 Date: 5202010 11: 57 AM State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5940354 PO # Before me, the undersigned, a Notary Public, this day personally came GEORGIA LAWSON, who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENTITIVE AND EMPLOYEE OF THE PUBLISHER, namely, the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE ON FIRST which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 5/16/2010,5/16/2010. $ 113.70 1Time(s) LEGAL SALES RESENTIVE On thisay ofDOI certify that the attached document is a true and an exact copy m e by publisher. H1 GWENN J. MEDINA MY COMMISSION EXPIRES A00uet 2, 2412 N • tary Public, State of Texas 113E >f May 16, 2010 )>` CALLER -TIMES tcyal Notices 1110 NoT1a OF PASSAGE OF ORDINANCE ON FIRST READING Granting approval to AEP Texas Central Company, for the partial assignment of its Franchise to con- struct, maintain & operate lines & ap- purtenances. & appliances for con- ducting electricity in, over, . under- & through the streets, avenues, alleys :& publrp rights-of-way of the City of Corpus Christi, Texas to Electric Transmission Texas, LLC. This or- dinance was passed and approved by the City Council on its first reading on May i1, 2010. Isl Armando Chapa City Secretary State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5940961 PO # Before me, the undersigned, a Notary Public, this day personally came GEORGIA LAWSON, who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENTITIVE AND EMPLOYEE OF THE PUBLISHER, namely, the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Kleberg, Live Oak, Nueces, Refugio, and San Patricio, Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE NO. 02860 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 5/23/2010, 5/23/2010. $ 116.69 1Time(s) On this day of is a true and an exact co 4P\1 jj,CA)j.1L-}—jGAL SALERESE NTIVE =`i 4lY' = GWENN J. MEDINA MYCOMMISSiON EXPIRES -'4;,44..W.0 August 2,2012 I certify that the attached document y made brpublisher. Notary Public, State of' Texas 12E » May 23, 2010 » CALLER—TIMES Leclal Notices 1110 ICE OF PASSAGE OF ORDINANCE NO. 029905 Granting approval to AEP .Texas Central Company, for the partial assignment of Its franchise to con- struct, maintain & operate lines & ap- purtenances &.. appliances for con -- ducting electricity in,: over; under & through the streets,'; avenues, alleys & public rights-of-way, of the City of Corpus Christi, Texas to Electric Transmission Texas, LLC. This or- dinance was passed & approved by the City Council on Its second reading on May 1B, 2010. /s/Armando Chapa