HomeMy WebLinkAboutMinutes - City Council - Special - 10/10/2003CITY OF LUBBOCK
SPECIAL CITY COUNCIL MEETING
OCTOBER 10, 2003
10:30 A. M.
The City Council of the City of Lubbock, Texas met in special session on the loth
day of October, 2003, in City Council Chambers, first floor, City Hall, 1625 13th
Street, Lubbock, Texas at 10:30 A. M.
10:32 A. M. CITY COUNCIL CONVENED
Committee Room 103, 1625 13th Street, Lubbock, Texas
Present: Mayor Marc McDougal, Council Member Gary 0. Boren, Council
Member Jim Gilbreath, Council Member Frank W. Morrison,
Council Member T. J. Patterson
Absent: Mayor Pro Tem Victor Hernandez and Council Member Tom Martin
( 1.) ORDINANCE #2003-00110 - Granting to Southwestern Public
Service Company/Xcel Energy Corporation a nonexclusive franchise
for the use of the public right-of-ways of the City of Lubbock for the
purpose of conducting an electrical lighting and power business
including all rights and privileges associated with the use of the City's
public right-of-way, as specifically enumerated in the franchise. This
franchise being effective for 20 years and providing for compensation
to the City for the use of the City's public right-of-ways and
containing other miscellaneous provisions associated with the use of
the City's public right-of-ways and the granting of this franchise
(second and final reading).
Special City Council Meeting
August 5, 2003
Page 406
ORDINANCE NO. 2003-00110
FRANCHISE AGREEMENT
AN ORDINANCE GRANTING TO SOUTHWESTERN PUBLIC SERVICE
COMPANY ("SPS") D/B/A XCEL ENERGY THE RIGHT, PRIVILEGE AND
FRANCHISE TO CONDUCT WITHIN THE CITY OF LUBBOCK, TEXAS, AN
ELECTRICAL LIGHTING AND POWER BUSINESS AND TO ENTER UPON,
ERECT, CONSTRUCT, MAINTAIN, EXTEND, REPAIR, REPLACE AND REMOVE
IN, UNDER, UPON, WITHIN, OVER, ABOVE, ACROSS AND ALONG ANY AND
ALL OF THE PRESENT AND FUTURE PUBLIC ROADS, HIGHWAYS, STREETS,
LANES, AND ALLEYS OF THE CITY OF LUBBOCK, A SYSTEM OF POLES,
POLE LINES, TOWERS, DISTRIBUTION LINES, TRANSMISSION LINES, WIRES,
GUYS, CABLES, CONDUITS, TRANSFORMERS, AND OTHER DISTRIBUTION
AND TRANSMISSION EQUIPMENT, FACILITIES AND APPURTENANCES
NECESSARY OR PROPER FOR THE TRANSMISSION AND DISTRIBUTION OF
ELECTRICITY INTO, IN, WITHIN, FROM, ACROSS, AND THROUGH THE CITY
OF LUBBOCK, AS NOW EXISTING, OR AS SAID CITY LIMITS MAY
HEREAFTER BE EXTENDED; AND GRANTING SPS, ITS SUCCESSORS AND
ASSIGNS, THE AUTHORITY TO USE SUCH FOR THE PURPOSE OF
TRANSMISSION, DISTRIBUTION, DELIVERY AND SALE OF ELECTRICITY TO
THE CITY, AND TO THE INHABITANTS OF THE CITY, OR ANY OTHER
PERSON OR PERSONS, FIRMS OR CORPORATIONS, WHEREVER LOCATED
WITHIN OR WITHOUT THE CITY LIMITS OF LUBBOCK, FOR USE BY SUCH
PURCHASES OR PURCHASERS FOR ANY PURPOSE AUTHORIZED BY LAW
FOR WHICH ELECTRICITY MAY BE USED OR FOR ANY OTHER PURPOSE OR
USE WHICH IS OR MAY BECOME NORMAL OR CUSTOMARY IN THE RETAIL
ELECTRIC INDUSTRY IN TEXAS; PROVIDING THAT THIS FRANCHISE SHALL
BE EFFECTIVE FOR A PERIOD OF TWENTY (20) YEARS COMMENCING UPON
AND EXTENDING FROM THE EFFECTIVE DATE OF THIS ORDINANCE AFTER
FINAL PASSAGE HEREOF; PROVIDING FOR THE TEMPORARY REMOVAL,
RAISING OR LOWERING BY SPS OF ITS WIRES AND OTHER
APPURTENANCES; PROVIDING FOR THE RIGHT TO, AND CONDITION OF,
THE OPENING OF PAVEMENTS AND SIDEWALKS BY SPS; RETAINING ALL
RIGHTS OF CITY TO REGULATE THE LOCATION OF SPS'S FACILITIES IN,
UPON, ALONG, UNDER AND OVER THE STREETS, ALLEYS AND OTHER
PUBLIC PLACES OF CITY, AS WELL AS TO REQUIRE THE RELOCATION OF
SAME; PROVIDING FOR EFFICIENT ELECTRICAL SERVICE AND THE
MAINTAINING OF SPS'S FACILITIES; PROVIDING FOR THE USE BY CITY FOR
THE PURPOSES SPECIFIED OF POLES AND CONDUITS OF SPS; PROVIDING
COMPENSATION, AND METHOD OF PAYMENT OF SUCH, TO THE CITY FOR
THE USE BY SPS OF THE STREETS, ALLEYS AND PUBLIC WAYS OF THE
CITY, AND FOR SPS'S RECOVERY OF SUCH FEE; PROVIDING FOR THE
MAINTAINING OF RECORDS BY SPS WITH RIGHT OF INSPECTION BY CITY
RESERVING TO CITY ALL POWERS OF REGULATION; PROHIBITING
ASSIGNMENT EXCEPT BY CONSENT BY CITY EXCEPT IN CERTAIN CASES;
GIVING CITY'S CONSENT TO THE CUTTING AND TRIMMING BY SPS OF
CONFLICTING TREES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
THAT THIS FRANCHISE SHALL NOT BE EXCLUSIVE; MAKING
MISCELLANEOUS PROVISIONS RELATIVE TO THIS GRANT OF FRANCHISE;
REPEALING ALL PREVIOUS ELECTRICAL LIGHTING AND POWER
FRANCHISE ORDINANCES AND RELATED RELEASE; PROVIDING FOR THE
PUBLICATION OF THIS FRANCHISE ORDINANCE AND ITS ACCEPTANCE BY
SPS.
City Attorney Anita Burgess stated staff thanked Mayor McDougal and
Council Member Martin for acting as the chief negotiators with regard to
this franchise and the outstanding job on their part.
Ms. Burgess further stated that November 1, 2003 was the original start
date for the franchise. However, due to the publication requirements set
forth in the Charter, the effective date will be December 1, 2003, which
will be 30 days from last publication of the ordinance.
M
Special City Council Meeting
August 5, 2003
Page 407
Motion was made by Council Member Gilbreath, seconded by Council
Member Morrison to pass on second and final reading Ordinance No.
2003-00110 as recommended by staff. Motion carried: 4 Yeas, 1 Nay.
Council Member Boren voted Nay.
10:34 A. M. COUNCIL ADJOURNED
There being no further business to come before Council, motion was made
by Council Member Morrison, seconded by Council Member Gilbreath
made a motion to adjourn. Motion carried: 5 Yeas, 0 Nays.
Read and approved this day of '� !"� "
ATTEST:
cL
Reb cca Garza, City Secretary
407