HomeMy WebLinkAbout024711 ORD - 12/18/2001AN ORDINANCE
GRANTING A ONE-YEAR FRANCHISE EXTENSION TO CENTRAL
POWER AND LIGHT COMPANY FOR PROVISION OF LIGHT, HEAT,
AND POWER.
WHEREAS, Central Power mad Light Company, a corporation duly authorized to conduct business
in the State of Texas, currently holds a franchise from the City of Corpus Christi, Texas for provision
of electric light, heat and power granted by Ordinance 10173, passed and approved by the City
Council on March 24, 1971, which amended and extended a franchise granted on January 10, 1950;
and
WHEREAS, the franchise agreement was modified by Ordinance 20431 passed and approved by
the City Council on August 23, 1988, to provide for monthly rather than semi-annual fee payments;
and
WHEREAS, the franchise agreement was extended for one year by Ordinance 024308, passed and
approved by City Council on December 19, 2000;
WHEREAS, such franchise will expire December 31,2001; and
WHEREAS, in Senate Bill 7, now codified in Section 33.008, Texas Utilities Code, the 76th Texas
Legislature established a statutory formula for charges for use by electric utilities of city streets,
alleys and public ways effective January 1, 2002; and
WHEREAS, Central Power and Light Company and the City of Corpus Ckristi, Texas desire to
extend its existing franchise under the same terms and conditions for an additional one (1) year
period which will extend to the effective date of Senate Bill 7; and
WHEREAS, the City Council of the City of Corpus Christi finds that such extension under the same
terms and conditions is in the best interest of the citizens of the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRIST1, TEXAS:
SECTION 1. That the Electric Light, Heat and Power Franchise granted by the City of Corpus
Christi, Texas, to Central Power and Light Company by Ordinance 10173, as amended by
Ordinances 20431 and 024308 (the "Franchise"), is hereby extended for a period of one (1) year
to conunence January 1,2002 and to expire December 31, 2002 at midnight, unless renewed or
extended.
SECTION 2. Except these terms and conditions that conflict with Section 33.008 of the Texas
Utilities Code, the terms and conditions of the currently existing Franchise are incorporated into
this one-year extension by reference and shall continue in full force and effect.
SECTION 3. In lieu of the annual payment imposed in paragraph 2 of Section 1 of the F
ranchise, which was amended and extended by Section I of the Franchise, Central Power and
Light Company shall pay the City of Corpus Christi compensation in a.n amount equal to the
charge per kilowatt hour determined for 1998 (calculated in accordance with Texas Utilities
Code Section 33.008(b)) multiplied times the number of kilowatt hours delivered within the
City' s boundaries.
SECTION 4. This grant is conditioned that Central Power and Light Company shall file its
written acceptance of this franchise no later than December 31,2001.
SECTION 5. This ordinance should be published as required by the City Charter.
That th~?oregojog ordinance was read for the first time and passed to its second reading on this
the } '~ay of I ~¥{X}t~l'YO01, by the following vote:
Samuel L. Neal, Jr.
Javier D. Colmenero
Rex A. Kinnison
John Longoria
Mark Scott
Brent Chesney
Henry Garrett
Bill Kelly
Jesse Noyola
That the ~reg_oing 9rd~it~:n. ce was read for the second time and
day of k.~h_~b-Ol, by the following vote:
Samuel L. Neal, Jr. ~ Brent Chesney
Javier D. Colmenero /~ ~3(~j~[ ~ Hen~ Ga~e~
Rex A. Ki~ison ~_~ Bill Kelly
Jo~ Longofia ~ ~ Jesse Noyola
PASSEO AND APPROVEO this the ~ dayof
passed finally on this the . ..
AWl'EST:
LEGAL FORM APPROVED /2- t ?
JA~' R. BRAY, J~ TY ATTORNEY
,2001;
':--
State of Texas
County of Nueces
PUBLISHER'S AFFIDAVIT
SSi
CITY OF CORPUS CHRISTI
Ad # 4012231
PO #
Before me, the undersigned, a Notary Public, this day personally came Eugenia
Cortez, who being first duly sworn, according to law, says that she is Customer
Service Manal~er of 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 which the
annexed is a true copy, was inserted in the Corpus Christi Caller-Times and on
the World Wide Web on the Caller-Times Interactive on the 18TH day(s) of
Credit Customer Service Manager
$134.55
Subscribed and sworn to me on the date of
NOVEMBER 19, 2001.
Notary Public, Nueces County, Texas
ROSA MARIA FLORES
Print or Type Name of Notary Public
My commission expires on 04/23/05.
State of Texas }
County of Nueces }
PUBLISHER'S AFFIDAVIT
SS-'
CITY OF CORPUS CHRISTI
Ad # 4044267
PO #
Before me, the undersigned, a Notary Public, this day personally came Eugenia
Cortez, who being first duly sworn, according to law, says that she is Customer
Service Manaaer of 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 NO. which the
annexed is a true copy, was inserted in the Corpus Christi Caller-Times and on
the World Wide Web on the Caller-Times Interactive on the 23RD day(s) of
DECEMBER. 2001. 0(~{~ , NO. 0~:~ ~ ~[/
TWO (2) Time(s)
$134.55
Subscribed and sworn to me on the date of
DECEMBER 24, 2001.
Notary Public, Nueces County, Texas
ROSA MARIA FLORES
Print or Type Name of Notary Public
My commissi2rr-expires on 04/23/05.