City Hall | City Council | Minutes | EMS | Fire Department | City Court | Police Department | Library
Historical | Cemetery | Community Calendar | Chamber of Commerce | Churches Schools

LORENZO CODE OF ORDINANCES
 

Ordinance 02-04-02
City of Lorenzo

AN ORDINANCE GRANTING SOUTHWESTERN PUBLIC SERVICE (SPS) D.B.A. XCEL ENERGY, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO CONSTRUCT, MAINTAIN, EQUIP AND OPERATE IN THE CITY OF LORENZO, TEXAS, SYSTEMS TO USE, STORE, SELL DISTRIBUTE AND SUPPLY ELECTRIC ENERGY FOR LIGHT, HEAT AND POWER AND OTHER PURPOSES TO SAID CITY, ITS INHABITANTS AND OTHERS, AND TO USE THE STREETS, AVENUES, ALLEYS, HIGHWAYS, BRIDGES AND OTHER PUBLIC GROUNDS OF SAID CITY FOR SAID PURPOSES FOR A TERM OF TEN YEARS, CANCELLING AND SUPERCEDING THE EXISTING FRANCHISE ORDINANCE NUMBER 3-17-14 DATED MARCH 14, 1977 AND PRESCRIBING OTHER TERMS AND CONDITIONS THEREFORE,

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LORENZO, TEXAS:

ARTICLE I
 
There is hereby granted to Southwestern Public Service d.b.a. Xcel Energy a corporation incorporated under the laws of the State of Colorado, having a permit to do business in the State of Texas, and to its successors and assigns, a franchise authorizing it to construct, equip, maintain and operate in the City of Lorenzo, Texas, systems to use, store, sell, distribute and otherwise serve, supply and furnish said City and its inhabitants and others with electric energy for lights, heat and power and other purposes and to use the streets, alleys, highways, bridges, and other public grounds of said City, both above and below the surface of same, upon the terms and conditions of this ordinance.
The Company shall furnish a standard service to all residents within the city limits provided that extensions for the purpose of serving new customers shall be required only at a rate of two hundred feet (200') per each new potential customer. The Company shall not be responsible for any interruption of service arising from floods, fire, windstorms, accidents, to lines, casualties, acts of God or other causes beyond its control but service interfered with by any such cause shall be restored as promptly as reasonably possible.
 
ARTICLE II
 
The franchise rights and powers herein granted shall exist and be in force and after the passage of this ordinance for a term of ten years.
 
ARTICLE III
 
Southwestern Public Service d.b.a. Xcel Energy is hereby authorized, licensed and empowered to do any and all things necessary and proper to be done and preformed in executing the powers and utilizing the privileges herein mentioned and granted by this franchise, provided that all work be done in said streets, alleys, highways, or other grounds of said City by said Company shall be done with the utmost diligence and least inconvenience to the public or individuals, that said Company shall, within a reasonable time, restore streets, alleys and public grounds excavated by it to their original condition as nearly as possible,
and that said work shall be done subject to the approval of the City. The Company shall assume all liability of risk of damage to persons or property which may arise from the construction or operation of any or all of said system and shall save the City of Lorenzo, Texas, its officers and agents, harmless from any and all liabilities, claims, damages, costs or expenses that may arise or be incurred by the City as a result of the Company's erection, construction or operation of its system or exercise of any of the rights and privileges herein granted, expressed or implied.
 
ARTICLE IV
 
Southwestern Public Service d.b.a. Xcel Energy, its successors and assigns, for and in consideration of the granting of this franchise and as rental for the occupation and use of the streets, alleys, highways, bridges and other public grounds of the City of Lorenzo, shall pay the aggregate sum of 3% of the gross receipts, as hereinafter defined, of the Company, for electric energy used within the city limits of the City of Lorenzo. "The 'gross receipts' upon which such rentals and charges are based is defined and shall be computed and determined as follows: From the total gross receipts from the sale of such electrical energy for lights, heat and power, within said city limits, for the particular quarter of the year involved, there shall be deducted the receipts from sales to the Federal Government departments and agencies, the State of Texas, all departments and agencies of said state, the County of Crosby, the City of Lorenzo, the Independent School Districts, sales to any cooperative organizations and other public government authorities, sales to industry upon the utilities published industrial rates, accounts charged to bad debts, and the balance paid after said deductions shall constitute the gross receipts upon which such rentals and charges shall be paid." Such payments shall be payable for each quarter period of each year, said periods to begin on the first days of the months of January, April, July, and October of each year. The payments covering each period shall be made as soon as reasonably possible and in any event on or before the last day of the month immediately following each quarter period.
Such payments shall be made in lieu of any and all other taxes or other exactions (except general ad Valorem property taxes and special assessments for local improvements) upon the business, revenue or property of the Company or any part thereof in said City during the term of this franchise, and they shall continue only as long as said Company is not prohibited from making them by any lawful authority having jurisdiction in the premises and so long as the City does not charge, levy, or collect or attempt to charge, levy or collect other franchise, license, privilege, occupation, excise or revenue taxes or other exactions (except general ad Valorem property taxes and special assessments for local improvements). For the purpose of determining the amount of the gross receipts of the Company, as hereinabove defined, the books of the company shall, at all times, be subject to the inspection of the City of Lorenzo.
 
ARTICLE V
 
Southwestern Public Service d.b.a. Xcel Energy shall, within thirty (30) days from the passage of this ordinance, file with the City Secretary of the City of Lorenzo, Texas, its written acceptance of this ordinance and upon the filing of such acceptance, this ordinance shall constitute all of the terms of the franchise herein granted by the City of Lorenzo, Texas, to Southwestern Public Service d.b.a. Xcel Energy.

ARTICLE VI
 
Southwestern Public Service d.b.a. Xcel Energy and the City recognize that many aspect of the electric utility business are currently the subject of discussions, examination and inquiry by different segments of the industry and regulatory authorities having jurisdiction over the electric utilities and business and meets its service obligations. In recognition of the present state of uncertainty respecting these matters, Southwestern Public Service d.b.a. Xcel Energy and the City each agree, on request of the other during the term of this ordinance, to meet with the other and discuss in good faith whether it would be appropriate, in view of developments of the kind referred to above during the term of this ordinance, to amend this ordinance or enter into separate, mutually satisfactory arrangements to effect a proper accommodation of any such developments.
 
ARTICLE VII
 
After passage and taking effect of this ordinance, and upon its acceptance by the Company, this franchise cancels and supercedes the franchise designated as Ordinance 3-14-77, between the City of Lorenzo and Southwestern Public Service d.b.a. Xcel Energy.
 
ARTICLE VIII
 
The City of Lubbock's current franchise agreement with Southwestern Public Service d.b.a. Xcel Energy expires this year and SPS agrees that for 60 days after a new franchise agreement has been adopted by the City of Lubbock, the City of Lorenzo, at its option, may require SPS to substitute any more favorable terms, conditions, or fees, contained in the new Lubbock franchise agreement, that may be applicable to a city such as Lorenzo, or, on an equivalent basis to amend the agreement. It is understood that the City of Lubbock has a municipal utility and that some terms, conditions and concessions in the Lubbock franchise agreement may not be applicable to a city that does not have a municipal utility.
 
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF LORENZO, TEXAS, ON THe 8TH DAY OF APRIL, A. D., 2002

 

City of Lorenzo Official Website
Please contact our Webmaster with questions or comments
Webmaster
Lorenzo City Hall 806-634-5596
Copyright © 2002 All Rights Reserved