Ord 2000-053 - Laserfiche WebLink

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receipts as a fee to any other governmental entity under a franchise agreement, or on..or after January L 2002 pays a franchise fee to another governmental entity under a franchise agreement according to a formula that results in a rate per kilowatt hour delivered within that city in excess of the result obtained by dividing the total electric franchise fee revenue due to that city from PEC for the calendar year 1998 by the total kilowatt hours delivered within that city during 1998 by PEC. then PEC shall be obligated to pay that same percentage or use that same formula to the City under this franchise agreement, subject to the minimum annual payment stated above. This amount shall constitute compensation to the City for the expense incurred and for services rendered by the City in exercising its police power of regulation and supervision over the construction and location of PEC' s poles, wires and conduits, equipment and other facilities in the streets, alleys, rights-of-way and public grounds of the City and shall be due and payable in quarterly installments on January 31, April 30, July 31 and October 31 of each year for the preceding calendar quarter or any portion thereof. The City agrees that the consideration agreed to herein as a franchise fee shall be paid in lieu of any special tax, license, pole tax, inspection fee, excise, charge, street or alley easement or other such charge or other tax now or hereafter levied by the City, except none of the provisions of this Agreement shall in anywise affect the liability of PEC for the payment of any present or future ad valorem taxes now or hereafter levied by the City or any other lawfully constituted taxing authority. PEC shall furnish annually by March 31 of each year a verified statement under oath of all the gross receipts of PEC from the rendition of electric utility service, for vears through calendar year 2001. or the kilowatt hours delivered by PEC. for calendar years 2002 and after, within the corporate limits of the City for the prior calendar year. Nothing contained in this agreement affects PEC's recovery of franchise fees from retail electric providers that use PEC's distribution network to provide retail service within PEC's service territory. SECTION 2. If any word, phrase, clause, sentence, or paragraph of this ordinance is held to be unconstitutional or inyalid by a court of competent jurisdiction, the other provisions of this ordinance will continue in force if they can be given effect without the invalid portion. SECTION 3. This Agreement will be in effect from and after its passage by the City Council of San Marcos, publication of notice its adoption in a newspaper of general circulation in the City as required by the City Charter and the filing of acceptance by PEC with the City Clerk. SECTION 4. PEC will have 60 days after the date of the publication of notice of adoption of this ordinance to file its written acceptance with the City Clerk. The written acceptance will be in the form attached as Exhibit A. PASSED AND APPROVED on first reading on June 26 , 2000. PASSED AND APPROVED on second reading on July 10 ,2000. PASSED, APPROVED AND ADOPTED on July 24 , 2000. 1 t / .. ,4?' , ~/A ::-/ ~A/\ D~id Chiu, Mayor ATTEST: , 4!/ /1... . I /1 /,' / -r 7i .\,1-_, A' c:r-:, //I! ) i'y , \.. ~ ~}!'!//l/ Janis K. Womack, City Clerk APPROVED: ~~. Mark B. Taylor, City A Published in its entirety in the SAN MARCOS DAIL Y RECORD on June 25 Caption published in the SAN MARCOS DAILY RECORD onpriday, July 28 ,2000. ,2000.