O-2097-10-02ORDINANCE NO. 2097-10-02
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE EXISTING ELECTRIC FRANCHISE
BETWEEN THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND ONCOR
ELECTRIC DELIVERY COMPANY TO PROVIDE FOR A DIFFERENT
CONSIDERATION; PROVIDING FOR ACCEPTANCE BY ONCOR ELECTRIC
DELIVERY COMPANY; PROVIDING FOR A SEVERABH3TY CLAUSE;
PROVIDING FOR A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Oncor Electric Delivery Company, successor in interest to TXU Electric Company (hereinafter
called "Oncor') is engaged in the business of providing electric utility service within the City of Allen, Collin
County, Texas (hereinafter called "City"), and is using the public streets, alleys, grounds and rights -of -ways
within the City for that purpose under the terms of a franchise ordinance heretofore duly passed by the
governing body of the City and duly accepted by Oncor; and,
WHEREAS, the City and Oncor desire to amend said franchise ordinance to provide for a different
consideration.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
' SECTION 1. The existing electric franchise ordinance between the City of All., Collin County, Texas,
and Oncor Electric Delivery Company successor to the transmission and distribution assets of Texas Utilities
Electric Company, Ordinance No. 1190-7-93, is amended as follows:
A. Effective January 1, 2003, the franchise fee due from Oncor shall be a sum
comprised of the following:
(1) a charge, as authorized by Section 33.008(b) of PURA, based on each
kilowatt hour of electricity delivered by Oncor to each retail customer whose
consuming facility's point of delivery is located within the City's municipal
boundaries and as specified by Oncor to the City by letter dated
January 21, 2002.
(a) The franchise fee due pursuant to Section 33.008(b) of PURA shall
be payable in accordance with the existing electric franchise
Ordinance No. 1190-7-93; and,
(2) a sum equal to four percent (4%) of gross revenues received by Oncor from
services identified in its "Tariff for Retail Delivery Service", Section 6.1.2,
"Discretionary Service Charges," items DDI through DD24, that are for the
account or benefit of an end-use retail electric consumer.
(a) The franchise fee amounts based on "Discretionary Service Charges"
shall be calculated on an annual calendar year basis, i.e., from
January 1 through December 31 of each calendar year.
(b) The franchise fee amounts that are due based on "Discretionary
Service Charges" shall be paid at least once annually on or before
April 30 each year based on the total "Discretionary Service
Charges" received during the preceding calendar year.
' (c) Oncor shall pay franchise payments to the City based on the
Discretionary Service Charges as set forth herein beginning
January 1, 2003.
B. Oncor Franchise Fee Recovery Tariff
(1) Oncor may file a tariff amendment(s) to provide for the recovery of the
franchise fee an Discretionary Service Charges.
(2) City agrees (i) to the extent the City acts as regulatory authority, to adopt and
approve that portion of any tariff which provides for 100% recovery of the
franchise fee on Discretionary Service Charges; (ii) in the event the City
intervenes in any regulatory proceeding before a federal or state agency in
which the recovery of the franchise fees on such Discretionary Service
Charges is an issue, the City will take an affirmative position supporting the
100% recovery of such franchise fees by Oncor and; (iii) in the event of an
appeal of any such regulatory proceeding in which the City has intervened,
the City will take an affirmative position in any such appeals in support of
the 100% recovery of such franchise fees by Oncor.
(3) City agrees that it will take no action, nor cause any other person or entity to
take any action, to prohibit the recovery of such franchise fees by Oncor.
' SECTION 2. In all respects, except as specifically and expressly amended by this ordinance, the existing
effective franchise ordinance, Ordinance No. 1190-7-93, heretofore duly passed by the governing body of the
City and duly accepted by Oncor shall remain in full force and effect according to its terms until said
franchise ordinance terminates as provided therein.
SECTION 3. This ordinance shall take effect upon its final passage and Oncor's acceptance. Oncor shall,
within thirty (30) days from the passage of this ordinance, file its written acceptance of this ordinance with the
Office of the City Secretary in substantially the following form:
To the Honorable Mayor and City Council:
Oncor Electric Delivery Company, acting by and through the undersigned authorized
officer, hereby accepts in all respects, on this the _ day of
20. Ordinance No. amending the current electric franchise
between the City and Oncor and the same shall constitute and be a binding
contractual obligation of Oncor and the City.
Oncor Electric Delivery Company
By
Vice President
SECTION 4. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this
ordinance, or the ordinances of the City, as amended hereby, be adjudged or held to be void or
' unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the
ordinances of the City, as amended hereby, which shall remain m full force and effect.
Ordinance No. 2097-10-02, Page 2
SECTION 5. All ordinances of the City of Allen, Collin County, Texas, in conflict with the provisions of
this ordinance be, and the same are hereby, repealed; provided, however that all other provisions of said
' ordinances not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 6. This ordinance shall take effect immediately from and after its passage and publication in
accordance with its provisions of the Charter of the City of Allen, and it is accordingly so ordained.
I
DULY PASSED AND APPROVED BY THE CITY COUNCIL. OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE SP DAY OF OCTOBER, 2002.
APPROVED:
Stephen Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
Peter G. Smith, CITV ATTORNEY Judy Morigon, CMC/MMCA, CITY SECRETARY
Ordinance No. 2097-10-02, Page 3
Tariff for Gas Servks-North Texas Ma"Fiax Ulstrlbutl n System TXU Gas Distribution
RATE SCHEDULE: Miscellaneous Sarvlce Cha es Nos. 9001 thru 9008
APPLICABLE TO: I As Referenced REVISION:0
EFFECTIVE DATE: As Referenced PAGE: 1 OF 2
MISCELLANEOUS ANEO IS SERVICE CHARGES•
9001 Connection Charge (Residential a Commemlal)
The following connection charges apply:'
SO ,, -We Chan,
Business Hours 3 35.00
After Hours 52.50
For each reconnection Of gas service where service has been discontinued at the same promises
for any reason, for the initial inauguration of service, and for each inauguration of service when
the billable party has changed. with the following exceptions:
(a) For a builder who uses gas terinx anly during construction or for display purposes.
(b) Vrhenever gas Sarvlce has been temporarily interrupted because of system outage or
service work done by Company; or
(C) For any reason deemed necessary fpr evr4bany, operations.
9002 Read For Change Charge (Residential d Commercial)
A read for change targe of 312.00 is made when it Is necessary for a company employee to read
the meter at a currently served location because of a change in the billable parry.
9003 Returned Check Charges (RnldenUal d Commercial)
A returned check handling charge of 316.25 is made for each check returned to the Company for
any reason.
9004 Delinquent NotHfoatlon Charge (Residential 6 Commercial)
A charge of $4.75 shall be made for each trip by a Company employee to a customer's residence
or place of business when there is an amunt owed In the Company that Is past due. This charge
shall not be made when the trip is required for safety immstgatcns or when gas service has been
tamporanly interrupted because of system outage or service work tion by Company.
9093 Male Line Extsmion Rata (Residential & Commarcial)
The charge for extending mains beyond the limit established by Franchise for residents], and
commercial customers shall be based on the actual cost per foot of the extension.
Tarts for Gas ServlcsNorth Tera Metroplex DiWbution System TXU Gas Distribution
RATE SCHEDULE:
Miscellaneous Service Cha es
Nos. 9001 mm 9008
APPLICABLE TO:
As Rafemncsd
REYISION:0
EFFECTNE DATE:
As Referenced
PAGE: 3 OF 2
9006 Charge for Installing and Maintaining
an Excess Flow Valve (Residential)
A customer may request the installation of an excess flow valve on a new service line or on a
service line being replaced provided that t`t --N4a lice will serve : sing;a residence cur- operale
continuously throughout the year at a pressure of not less than 1C psig. The customer will pay the
actual cost incurred to install the excess Mow valve. That cost will include the cost of the excess
Mow valve, the labor cost required to install the excess flow valve. and other associated costs. The
estmaled total cost to install an excess Now valve is $50.00. This cost is based on installing the
excess flow valve at the same time a service line Is installed or replaced. The excess flow valve
will be installed on the service Jiro upstream of the customers meter and as near as practical m
the main.
A customer requiring maintenance, repair, or replacement of an excess flow valve will be required
to pay the actual cost of locating and repairing or replacing the excess flaw valve. The cost to
Perform this service will ncmuly range from 9200.00 to $2,000.00, depending on the amount of
work required. This cost will be determined on an individual project basis.
This tariff is being filed in accordance with the U.S. Department of Transpc=Wn rule requiring
the installation of an excess flow valve, 0 requested by a customer, on new or replaced service
lines that operate continuously throughout the year at a pressure of not law than 10 psig and that
serve a single residence. Themie further states that the customer will bear all costs of installing
and maintaining the excess Mow valve.
9007 Recovery of Connection Costs Associated
with Certain Stand -By Ga Generates (Commercial)
Commeretal customers Installing stand-by gas genaretcre to provide service in the event of an
interruption in electric service in faalites where gas service is not otherwise provided will
reimburse TXU Gas Distribution for the actual cost of aoquidng and installing the regulator,
samice line, and meter requireo to provide gas service for the stand-by generators. Gas service
provided for the stand-by generators will be billed at the applicable commercial rate.
9008 Cha rye for Temporary Discontinuance of Service (Residential 6 Commercial)
Whenever service under this me schecule has been lemporanly disconnected at the request of
the customer, a charge of $47.00 for residents] and $73.75 for commercial plus the appropriate
Connection Charge will be made to reestablish such service for that customer at the same
address.
Tariff for Retail Delivery Service
Oncor Electric Delivery Company
6.1.2 Discratlonary Service Charges
Applicable: Entire CeriOed Service Area
Effective Date: January 1. 2002
6.1.2 - Discretionary Service Charges
AVAILABILITY
Applicable to ail Competitive Retailers and ReRil Customers served by the Company.
Sheet:1
Page 1 of 5
Revision: Onginal
The service charges tided below are in addition to any other charges made under Companys Tariff fer Relm Carl Serves, and yell
be stoked for the appnolmate Condition deseileso either services not soused by these standard conditions wail be charged de the basis
of an estimate fes the job or the Cumamy's mar plus apecpeete seders and Will be provided m acwdame yeh commission
Substantive Rules.
Chase.
N.
Name and Description
Anal
001
Account Initiation Charge is made for pmceaine a request for distribution service Initiation
$ 7.00
DM
Outot-Cyclo Mebr Reading Change is made seen time CompetNve Arms., requests, and
Company, makes, a manual outer-eyele meter maned
A. During RegularHours
$ 725
B. Outside Regular Hours - Nor-Holnay
S T&M
C. Outside Regular Hous - Hotitlay
S 100.00
OW
Connection Charge u me it. b new service connectors mad. outside regular war king hon.
0. SM Cema'amd Meter
S 59.00
B. attar cdnnxdena
A. crwwd
Od
Retell Cestamer Requeatstl Claannp CM1arpeis made la aclMdes aro eapensesirndved
AS Canviatsd
N deenegmrghe-enegivng Conpeny modules to allow Retail Customer or Retail Customers
rM4adIX t0 Mork near Company alessi01 fa, iWdes or on rig ReNil Customers hudites.
005
DlaconnecVRxannect charge is mace for deadommotgn or ret nxbon of Retail
Customers disdibN.. se Ni..
Discerned ere Mater
A. During Regular Houn
5 5.00
RemmNU et Meter
B. During Regular Hours - Regular Route
S la.W
C. During Regular Hours -Spe lRoute
5 2&W
D. Outside Regular Hours - Non Holiday
S SB.W
E Ouisids Regular Hours - Hol
S 115.00
04ewext at Pole, Weathemeed or Secondary Box
F. During Regular Hours
$ ce.00
Reconnect at Pole Weethenhead or Semndary Box
G. DWM Regular Hours
S Si.W
H. Outsne Rpular Houn-Non Hogday
$ 155.00
I. Outside Regular Hours-Hdltlay
S 1BS.W
DDS
DNiwry System Favi ldea listed not Charge is merle W meant W ascent 5.1.22 of We
As Calonlseed
Time for Retail Dolnery Service meuests involidng the installation, canetiucdon, or mention d
distribution Rdiities.
OW
Additional servke 0ilsign Charge is insole for preparing hemtras desgna W provide semm"
Aa Caledaled
W a -prod leratnm where soon Wardi ns are at the moon of the Retail Customer for the
Rotel Cuenmerswieb "r TselniUel rya deagna aria purled vdll frB krluded In int
system larges, any World" designs and be done at Retell Customers egbroe goo uard to
Osis targe.
76
Tariff for Retail Delivery Service
Oncor Electric Delivery Company
6.1.2 Discretionary Santee Charges
A Pflda Ele: Entire Certified Service Area
Effective Date: January 1, 2002
Sheet 1
Page 2 of 5
Revision: Original
DDe
Ti mpanry Facilities Charge is made in corlunclbn mih Mon -term construction prejotl8.
A. Connect eta disconnect semce and read a meter already installed, ind atirg an AicOUN
$ 49.00
Inumdon Charge,
B. Install and remove single phase service wires and a rretar (demmd or non-0emard) and
5 161.00
reed a meter, moulding an Account Initiabon Cloned.
C IMM" and remove single phase sunned wires, meter and eansf«mar (up to 50 INA) on
$ 653.00
adslig pots and react a meter, induairp an Account estimation Charge.
D. AP oar Monsoonal todutiee inslallaUon ata removal.
As Calculated
ODg
FSWIWOs A.Ic ONRemova Charge as made for relocation or removal of Carrany,
As calculated
Matadors at Ne request of and for Me banes ct the requanor P nuaN to Section &122 of eb
Tariff for Retail Deevery Sem..
DOW
Meter Test Charge is made sltee a Conseiln Rubber mouses. and Ccmpmry, Worms, a
meter test Of the rate, u taus to be Mean Me adow., etPWams es obgshed by Ne
applicable *tial authority
3 23 M
A. Single Phase Sed Contained
S ful
B. Three Phase SO Contained
S 71,00
C. SitgM Phase IaManmt Rated
S 94.00
O. TNae Phase Inalmmant Rated
Doi t
Me Inquiry and reading Charge is made for acbvitbe and asperses imdvad th Me reeeeroln
S 128.W
reduired to hall a PCS irpurias regarding Compenyownad, minerel oil-figed dectdael
equipment, plus a bb twang charge 6 required. Inleal charge covers W to bur a suffonnera et
e specific *.tion. For each adiditional aansfonner el the same *moon, ado $20.
A. Lab TesMg Charge (d required)
-As Calculated
0012
soundof Call Charge b nadafor responding basendra.11 Matic detanninea b be a Retail
$ 50.00
Cusl«rer Problem ream Man a' Piny Problem.
W13
Testimonial Charge u nape M tmdullcriaol re.nnedbn far oMer tampanng wed Compmry
$ 147-00
meterig bvlilbs «any Thee etelead'ic.rvca by emf.teen on Me 0.Btail Customers
Premises or evidence by wnarnsoner done at Ross] Consumes premiss. An eddaonal
charge for the cost of napare indoor replac«rMt of dardl facilities and to 4atellatgn Pf
Ia«ectlw Posta ee «relocation of meter is made at cost plus appropriate adders,
W14
Off -Site Meter Reading (OMR) Equipment Installation Charge is made for installationof
CompMys'St ouded Advanced Metering Equ id nenr designed to mrsmd information as
rad'n*sharp held mebr reatlltg devi..nied by cue maim seeder. Thisallowaforihs
Pwiaan of a meter reading wiegM visual coned with the meter. The Company maintains
oenership of Use equipment.
A. Dung Regular Homs
S 68.00
B. OuWde Regular Hours - Non-Holbay
S 152.00
C. Outside Regular Hours - Holiday
S 178.00
DD15
Adornment Metal Reading (AMR) Equipment lnMalbesn Charge Is made for tis
habitation d C«npany's-Standard! Advancal Meaning Fqullanatr disgust to samorit
IrfarmalWlvbtebphmetoe.mmll"lm. Thu etivwabaa «ovision olmaler reeding
iMomalbnonrycle«apeuet reeOitg oats at Me requealola Compelitive Rebiler. Tho
L pOs Retvlarmusts«ore Retail Customers«nmiMaretomaetanawoMing
**phone... and Relall Customers pmebesion la C.nedlt Ross Costumers milephWle
douiltathemeter The Company maintains o emhp of this equipment
A. Single Place See Contained
$ 202.00
B. Thera Pham See Contained
$ 359.00
C. ding* Phos Instrument Rales
$ 259,00
D. Three Phar Insbumem Riled
$'200
77
Tariff for Retail Delivery Service
Oncor Electric Delivery Company
6.1.2 Discretionary Service Charges
Applicable: Entre Certified Service Area
Effective Date: January 1. 2001
Sheet:I
Page
Revision: Original
0016
Audipmated Meter Reading (AMR) Charge is made for manth"otanaed meter reading
(AMR).
A. AMR -Cyda Mwer Read
S 1.50
S. AMR - Spx?c Cale Mew Read
$ 6.10
0017
Advanced Metering Interval Load Data Equipment Installeth n Charge is made for spade,
AS CelaWed
npests by Coorwhive Relader for insallatfon of Company's -Standard Advenrnd Meering
Equipment'designed to access imerval load "avfa talpphone. The Conpedllve Retailer
Most sedum Retail CWorner Commitment 10 maintain a Smi eepinne cirouil and Retail
Cualoners perrrvstion a mrneG Retail Cuwamrs Slim,hma pmu6 to Ne malar Tin
Campahy mainains ottnci-shipcf;N. an,,mnat
0018
Advancad Meering Interval Lead Dab Equipment Mainenance Charge is for montMy
S T.00
melntavenm and Nlephooe auppm 1.'Standard Advanced Mandan, Eac spmmt'
0019
Electrical Pulse EquiPmaM lnabletbNReplacemem Charge is ra Me
itKlallatbn/repleoement ofelemlal pulse device egWpment.
A. IneSllNtlon Charge
S 330.00
B. Replxemmt Charges
1. lsdasonrety
S 212.00
2. Pulseinitlalor
S 125.00
3. Isolaba Wry S pulse eidaer
$ 27200
A. Emyosureboa
S 119.00
0020
Electrical Pulse Equipment at.rishe a Charge a made for the msirdenanca of elacVloal
S 10.OD
puce devkea. This is an Opllwul sei that coven repaidnplawment of electric pulse
equipment. It Rail Customer does not choose els serace. Rwad Customer is responsible for
repacemerit overeat; according to disveborary servee Melee DDI 9,
0021
Deal Boca. M.x Adapts' Irutallatron Charge is made f msallation of a dual socket
$ 688.0
m mer Mansion inaduaent raed metering facilitles a aammodae sue Reed Customers
meter. Company maeaYLt pm ip Of Me equipment Measurements Slash fmm
Campanys newer dill ba used to bill CanpetllFre Retailer for nanbypasseMe charges and fa
Settlement Wrposes.
0022
Paver Facer Commm Equipm Mln.ababon Chxge a nsdeformeastofand
As calculated
eeWaWn of Me equipment on Companys Delivery Sitarist necestsery ad cmect sue Re vel
Cu.aners potter factor N that Nuel Widened in the Companya Tend for Delivery Service.
The Radial Cusemerttill be given Inn opponunM t0 coned poblem m Read Cos omens
premNes pea to Company bake Nie aclim.
=3
NnM131tandard service Equipment lealOslonai dng Charge is made 1a int perisac
11 68.00
nsapadvw06nrg N elerfat Gaepwm facilities Installed in IM reactions.RNa1 Cuetamxa
mhanw serdce aibisty.
78
Tariff for Retail Delivery Service
Oncor Electric Delivery Company
6.1.2 Discretionary Service Charges Sheet. 1
Applicable: EntireCertified Service Area Page 4 of 5
Effective Date: January 1, 2002 Revision: Original
DD24
Distributed Ganeralion Prebdemonnecdon Study Fes is made for studies that met, ba
Mused and conducted by Cmnpany for the interconnection of didotbuled generabon on the
Comas delivery system.
NON -EXPORTING
A Oto 10 kW
1. Piecanlfied, not on nehvmit
S 0
1 Not pecedifeE, not on ne vi
,M
1 P oxfflied. on nelwclk
• 200-
4. Not precarefieE on neMc k
S 330
B. toe W50DkW
1. PreartEed, rpt on nxxak
$ 180-
2. Not pe-cMified. not on neNwrk
S 320
1 PrecaMMIM, on retwmk
S 960'
4. Notpacemeedonrpiwarit
S 1,725
C. 500e to 2000 kW
1. Prsar0firp, not on r.iwork
$ 510
2. Not pe-cenifrod, not on neMark
$ 650
3. Pro -o shed, on neiwwk
S 2,550
4. Notpe-cershedmnesssr,
S 2.550
D. 200De kW
1. PreceriMed, rpt on network
$ 880
2. Not precen6ied, not on network
S 1,000
3. Precori on network
$ 3.000
4. Not pre-certfpd on neNwrk
S 3,653
EXPORTING
A Oto 10 kW
1. Pmcernied, rot ch nevgrx
$ 0
2. Not pnc.0fred, not on network
S 220
3. P certMed, on netwodt
S 200-
4. Not prec.efisd on nekWk
5 330
B. 1W to 500 kW
1. Pts -veru , not on network
S 180^
2. Not pmcre sd, not on nevork
$ no
3. Pre-ttnlled, on network
S 1,290•
4. Not preceraed on network
S 1,890
C. 50M W20110kW
i, pretertft,d, not on network
S 510
2. Not prec.lifretl, not on neMork
$ 830
3. PrerMtlled, on nelwmk
S 3,300
4. Net precmdged on neMmk
S 3,140
D. 2000r kW
1. Preaallled, won eplwark
S 860
2. Not pro-owfified. not on neN.vrk
S 1,000
3. Pro-csrtlfied, on natwark
S 3.650
4. Not precwe0etl on reMmk
$ 3,780
No cost ler everter systems less than 20 kW.
^ Norwat9 generator supplies less than 15% of feeder bad ON less Olen 25% of feeder sent
cu.n.
79