ORD 2009-42 - Entergy Franchise Agreement Modifications 06-16-2009ORDINANCE NO. 2009-42
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS ALLOWING FOR THE
MODIFICATION OF SECTION 3 REGARDING TERM OF THE
AGREEMENT, AND FOR THE CORRECTION OF THE BASE
FRANCHISE FEE FACTOR IN SECTION 10, AND FOR THE
COLLECTION OF THE SURCHARGE FACTOR IN SECTION
11 AND ATTACHMENT B OF THE FRANCHISE
AGREEMENT BETWEEN THE CITY OF HUNTSVILLE,
TEXAS AND ENTERGY TEXAS, INC.; AND FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS
ORDINANCE WAS CONSIDERED WAS OPEN TO THE
PUBLIC AND IN ACCORDANCE WITH TEXAS LAW.
WHEREAS, the City Council of the City of Huntsville, Texas previously approved
Ordinance No. 2009 -30 ( "Franchise Agreement') establishing a Franchise Agreement with
Entergy Texas, Inc.;
WHEREAS, it has been determined that the Ianguage of Section 3 should be modified;
WHEREAS, it has been determined that the Base Franchise Fee Factor amount stated in
Section 10 of the Franchise Agreement should be modified;
WHEREAS, it has been determined that the Incremental Franchise Fee amount stated in
Section I I of the Franchise Agreement is should be modified; and
WHEREAS, it is necessary to modify the language of Section 3, revise the Base
Franchise Fee Factor in Section 10, the Incremental Franchise Fee in Section 11, and Attachment
B to allow for the correct implementation of the Franchise Agreement;
THAT: NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF HUNTSVILLE, TEXAS
SECTION 1. The second paragraph of Section 3 of the Franchise Agreement shall read
as follows:
Provided that if, subsequent to the effective date of this Agreement, any
Texas municipality or city within the Company's service area ( "Other City or
Municipality ") enters into with Company a franchise term of less than twenty -five
(25) years, the City will have the right after reasonable notice to receive the same
term. If the City elects to exercise this right, the new contract term will begin
upon passage of an amendment to this franchise approving of the same term as the
other municipality and end when the new term has run in its entirety, no matter
how many years had expired under the original twenty -five year term. Provided
however, the provision is not applicable if the Other City or Municipality is
precluded from entering into a twenty -five (25) year term by law or city charter.
SECTION 2. The Base Franchise Fee Factor stipulated in Section 10 of the Franchise
Agreement shall be $ .0019049. In all other respects, Section 10 shall remain in full force and
effect.
SECTION 3. The Incremental Franchise Fee stipulated in Section 11 of the Franchise
Agreement shall be $ .0012612. In all other respects, Section 11 shall remain in full force and
effect.
SECTION 4. Attachment B to the Franchise Agreement is replaced with the revised
Attachment B.
SECTION 5. The meeting at which this ordinance was approved was in all things
conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code,
Chapter 551.
SECTION 6. This ordinance shall become effective from and after passage.
PASSED AND APP OVED by the City Council of the City of Huntsville, Texas, at a
regular meeting on this the 6kday of !q , 20_a7.
THE CITY OF HUNTSVILLE
LM
ATTEST:
City Secretary
APPROVED AS TO FORM: