HomeMy WebLinkAbout2010-3283 - Ordinance - 10_25_2010City of College Station Ordinance No. 2010-3283
AN ORDINANCE GRANTING TO THE CITY OF BRYAN, TEXAS, A TEXAS MUNICIPAL
CORPORATION ("BRYAN") CERTIFICATED TO PROVIDE RETAIL ELECTRIC UTILITY
SERVICE BY THE PUBLIC UTILITY COMMISSION OF TEXAS ("PUC"), ITS SUCCESSORS AND
ASSIGNS, AN ELECTRIC POWER FRANCHISE THAT EXTENDS TO SPECIFIED AREAS WITHIN
THE CORPORATE LIMITS OF THE CITY OF COLLEGE STATION ("COLLEGE STATION"), TO
USE THE PRESENT AND ' FUTURE STREETS, AVENUES, ALLEYS, ROADS, HIGHWAYS,
SIDEWALKS, PUBLIC UTILITY EASEMENTS AND OTHER PUBLIC RIGHTS OF WAY
COLLECTIVELY "ROW") - IN THE SPECIFIED AREAS OF COLLEGE STATION FOR
CONSTRUCTION AND OPERATION OF ITS ELECTRIC SYSTEM FOR A PERIOD OF TEN (10)
YEARS; REGULATING THE USE OF THE RIGHTS OF WAY BY BRYAN AND THE REPAIR AND
RESTORATION OF STREETS DISTURBED BY CONTRUCTION; PROVIDING FOR THE
TEMPORARY REMOVAL, RAISING AND LOWERING OF CABLES AND OTHER EQUIPMENT
AND MATERIAL; PROVIDING FOR COMPENSATION TO BE PAID TO COLLEGE STATION;
PROVIDING THAT THIS FRANCHISE SHALL NOT BE EXCLUSIVE; PROVIDING A
SEVERABILITY CLAUSE; RESERVING ALL POWERS OF REGULATION; MAKING
MISCELLANEOUS PROVISIONS RELATIVE TO THIS GRANT OF FRANCHISE; PROVIDING FOR
ACCEPTANCE BY BRYAN; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Bryan is now and has been engaged in the electric utility business in the State of Texas and in
furtherance thereof, has erected and maintained certain items of its physical plant in College Station
pursuant to such rights as may have been granted it by and under the laws of the State of Texas, and subj eet
to the reasonable exercise of the police powers granted by and under said laws to College Station; and
WHEREAS, it is hereby found and determined by the City Council of College Station that it is in the best
interest of College Station that a franchise be awarded to Bryan stating the agreement between Bryan and
College Station under which Bryan may use the Streets, Alleys and other public rights of way to maintain
and construct its physical plant in College Station;
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF COLLEGE STATION, TEXAS THAT:
Section L DEFINITIONS.
For the purpose of this Ordinance the following terms, phrases, words, abbreviations and their
derivations shall have the meaning given herein. When not inconsistent with the context, words used in the
present tense include the future tense, words in the plural number include the singular number, and words
in the singular number include the plural number. The word "shall" is always mandatory, and not merely
directory.
A. "Anniversary Date" shall mean the date on which this Franchise is accepted by Bryan.
B. "Bryan" shall mean the City of Bryan, Texas, a municipal corporation.
C. "College Station" shall mean the City of College Station, Texas, a municipal corporation.
D. "Consumer" shall mean any Person receiving and using electric utility service from
Bryan for that Person's own appliances or equipment within College Station whether or
not the Electricity is billed directly to that Person or to another party. (As an example, in
the case of a rental unit where the cost of utilities is part of the rent, the landlord is a
Customer and the tenant is a Consumer.)
Ordinance No. 2010--3283
E. "Core Areas" shall mean all areas within the Corporate limits of College Station other
than areas defined as Non-Core Areas. Core Areas are defined by the boundaries as set
forth in Attachment A to this document.
F. "Corporate limits" shall mean the corporate limits of the City of College Station, Texas,
as they may exist from time to time. References to areas "within College Station" or "in
College Station" mean and refer to locations within the corporate limits of College
Station.
G. "Council" means the governing body of College Station.
H. "Customer" means any Person billed by Bryan for Electricity or service delivered within
the Corporate Limits of College Station, whether such Electricity or service is used by
that Person or by others.
1. "Director" means the director of the Department of the College Station city government
having jurisdiction and responsibility for engineering and establishing standards for
construction on and repair of city streets.
Electricity" shall mean energy (kWh) and power (kW) provided by Bryan.
K. "Electric System" shall mean Bryan's system of cables, wires, lines, poles, towers,
anchors, guy wires, insulators, transformers, conduits, ducts, and any associated
equipment, or plant, or other facilities designed and constructed for distributing
Electricity at 60,000 volts or less, or associated communications facilities or systems used
solely in conjunction with Bryan's electric facilities as described herein as the same now
exists and may from time to time be placed, removed, constructed, reconstructed,
extended and maintained. Nothing in this Ordinance shall authorize Bryan to provide
retail electric utility service to electric consuming facilities located within the area that
College Station is solely authorized to provide retail electric utility service by the Public
Utility Commission of Texas.
L. "Force Majeure" shall mean, without limitation by the following enumeration, acts of
God and the public enemy, the elements, fire, accidents, breakdowns, shut-down for
purposes of necessary repairs, relocation or construction of facilities, breakage or
accidents to machinery or distribution lines, the necessity of making repairs or alterations
to machinery or to transmission or distribution lines, inability to obtain materials,
supplies, permits, or labor to perform or comply with any obligation or condition of this
Franchise, and any other events, occurrences or conditions that the person claiming an
event of Force Majeure could not, by the exercise of due diligence, have avoided or
prevented, and which by the exercise of due diligence has been unable to overcome or
cure.
M. "Franchise" and "Ordinance" shall mean this ordinance, and all rights and obligations
established herein, as it may be amended from time to time.
N. "Gross Receipts" shall mean the annual receipts collected by Bryan from its Customers or
Consumers for the retail sale of Electricity and the provision of any other electric utility
services or charges to Consumers and Customers, exclusive of the sale of merchandise
and/or any sales tax within the Corporate Limits of College Station. Gross Receipts shall
include but not be limited to contributions in aid of construction (CIAO) and franchise
fees collected from Bryan's Customers or Consumers located within College Station.
Gross Receipts shall not include revenues from wholesale sales of Electricity or
wholesale transmission revenues.
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Ordinance No. 2010-3283
O. "Non-Core Areas" shall mean all territory within College Station lying west and south of
FM 2818 and extending east from FM 2818 at State Highway 6 to Carter Creek as shown
in Attachment A.
P. "Person" shall include, unless otherwise required in context, a natural person, a legal
entity or other group or organization.
Q. "Pole Use Agreement" means the standard agreement approved by Bryan and College
Station pursuant to the Agreement for Common Use of Distribution Poles and
Transmission Structures between Bryan and College Station and used to control the
manner in which any apparatus, line or cable is attached by one party to electric poles or
similar equipment owned by the other party.
R. "Public Utility Commission of Texas" or "PUG" shall mean that agency as presently
constituted by the laws of the State of Texas or any successor agency.
Public Utility Easement" shall mean those easements held, owned or controlled by
College Station, the terms and conditions of which or limitations upon which are not
inconsistent with the construction, maintenance and operation of electric utility facilities.
T. "Rights of Way" or "ROW" shall mean the present and future Streets, Sidewalks, Public
Utility Easements that permit electric utility service uses or other public right of way of
College Station.
U. "Sidewalk" shall mean a paved area within the street right-of-way or sidewalk easement
specifically designed for pedestrians and/or bicyclists.
V. "Streets" shall mean a street, alley, avenue, road, highway or other publicly dedicated or
maintained right-of-way, a portion of which is open to use by the public for vehicular
travel.
Section 2. GRANT OF AUTHORITY.
Subject to the terms, conditions and provisions of this Ordinance, the right, privilege and franchise
is hereby extended and granted to Bryan, to use ROW of College Station as necessary for all uses
associated with the provision or termination of electric utility service including the construction,
reconstruction, upgrade, maintenance, repair, replacement, relocation and operation of its Electric System
including associated communications facilities and systems, in accordance with the terms of this Franchise,
within College Station's Non-Core Area Corporate Limits as the same are now and as the same may be
from time to time extended. The rights, privilege and franchise granted hereunder are non-exclusive and
are granted subject to the existing charter and ordinances of College Station, and are subject to such lawful
changes by charter provision or ordinance as may be necessary to the public health and safety by College
Station in the exercise of its lawful police powers.
The Parties recognize that Bryan has for many years owned, operated and maintained an Electric
System in College Station. Nothing in this Franchise is intended to limit or shall limit Bryan's rights to use
easements now or hereafter held, owned or controlled by Bryan for such purposes.
COLLEGE STATION MAKES NO REPRESENTATION OR WARRANTY OF ANY
NATURE THAT ITS EXISTING OR FUTURE RIGHTS OF WAY WERE, ARE, OR WILL BE
SUFFICIENT TO PERMIT THE ATTACHMENT, INSTALLATION, MAINTENANCE,
REPLACEMENT, RELOCATION, REPAIR, MODIFICATION OR REMOVAL OF THE
ELECTRIC SYSTEM.
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Ordinance No. 2010--3253
Section 3. TERM OF FRANCHISE.
Upon the filing with College Station by Bryan of the acceptance required herein, this Franchise
shall be in full force and effect for a term and period often (10) years, beginning on the Anniversary Date,
unless terminated as provided herein.
This Franchise may be amended only upon mutual agreement by the Parties, which amendment
will not be effective until reduced to writing and executed by both Parties.
Section 4. CONSTRUCTION AND MAINTENANCE OF ELECTRIC SYSTEM.
Bryan may construct new facilities that are necessary to provide electric utility service within
College Station's Non-Core Area ROW. All poles to be placed shall be so set that they will not
unreasonably interfere with the flow of water in any gutter or drain, and so located that the same will
interfere as little as practicable with the ordinary travel on the Streets or Sidewalks, and so as not to
unreasonably obstruct visibility at public street intersections. Bryan shall determine the appropriate route
for all lines. The location of all poles, stubs, guys, anchors, conduits and cables placed and constructed and
to be placed and constructed by Bryan in the construction and maintenance of its Electric System in
College Station, and the location of all conduits laid and to be laid by Bryan within the limits of College
Station pursuant to this Franchise shall be subject to lawful, reasonable and proper regulation of general
applicability within the City. Bryan will give reasonable consideration to requests by College Station to
relocate underground any of its aerial facilities or place new facilities underground.
Where available and where feasible to do so along the route chosen by Bryan, Bryan shall use
College Station electrical poles for any expansions, additions or extensions of lines in the Electric System
in College Station, and College Station will endeavor to do the same. In such instances the Pole Use
Agreement will determine how such expansion, additions, or extensions will be accomplished.
Section 5. CONDITIONS OF OCCUPANCY.
A. Use. All structures, poles, and facilities erected or maintained by Bryan on ROW within
College Station shall be located so as not to cause unreasonable interference with the use
of the Streets and with the rights of the owners or occupiers of property which adjoins
any of such Streets.
B. Construction and Restoration. Except as provided in this Franchise, Bryan shall comply
with Chapter 3 of the Code of Ordinances of College Station, Section 2, Right-of-Way
Maintenance. This Franchise gives Bryan the right to continued use and occupancy of
ROW for the purpose of constructing, reconstructing, repairing, maintaining, using and
operating facilities for the distribution of Electricity together with all necessary or
desirable appurtenances. College Station hereby waives prior non-compliance by Bryan,
if any, with Chapter 3 of the Code of Ordinances of College Station, Section 2. Pursuant
to Chapter 3 of the Code of Ordinances of College Station Section 2 Subsection
F.(1)(e)(6) insurance and bonding requirements are met by Section 7 of this Franchise.
Additionally, with regard to Chapter 3 Section 2 Subsection I, College Station agrees that
state law requires College Station to pay for relocation of electric utility facilities made at
the request of the City to the extent such facilities are located in easements or other
property held, owned or controlled by the electric utility. Pursuant to Chapter 3 of the
Code of Ordinances of College Station Section 2 Subsection I., the Parties agree that in
lieu of the prescribed ninety (90) days to relocate facilities, a different schedule will
apply as follows: College Station and Bryan will mutually agree to a project timetable
for relocation of Bryan electric facilities and Bryan agrees to relocate all identified-
electric facilities according to the project timetable; provided, however, that, in the event
the Parties are unable to mutually agree to a project timetable, those identified facilities
will be deemed abandoned no earlier than two (2) years from the date notice is received
by Bryan and College Station may remove the facilities without liability and charge the
Ordinance No. 2010--3283
cost of the removal to Bryan. Notice will be given no earlier than at the time of
completion of the final design of the project requiring relocation. Bryan will submit all
plans of record for electric facilities in College Station right of way to the College Station
Electric Utilities Department for filing. Bryan agrees that all such electric facilities in
College Station right of way will comply with standards of the National Electric Safety
Code (NESC), latest edition for new construction, at the time the facilities are
constructed. College Station finds that this franchise adequately replaces the requirement
for registration and permitting as shown in the Code of Ordinances of College Station
Section 2 Subsection F.(1) and (2).
C. Pursuant to the College Station's police power authority, this right-of-way ordinance may
be superseded by a new or amended ordinance, which shall be of general application to
all users of College Station rights-of-way. College Station also agrees that College
Station will not tamper with, disable or remove any of Bryan's facilities without prior
permission from Bryan except as provided above. College Station reserves the right to
request that idle facilities that are not in use and useful be removed unless Bryan can
establish the need for such facilities.
D. Relocation of Facilities in Private Easements. Bryan may make claims, including claims
for actual and reasonable costs or damages, in the event College Station requires or
requests Bryan to move, relocate, change, alter, or modify any of its property constructed
in easements or on other property held, owned or controlled by Bryan. College Station
shall include a description of the facilities, location, desired place of relocation and
request an estimate of the costs for relocation. Bryan shall provide to College Station an
estimate of the costs of relocation within forty-five (45) days. If College Station requests
Bryan to relocate its facilities, then, to the extent Bryan's facilities were constructed in
easements or on property held, owned or controlled by Bryan, College Station shall pay
within thirty (30) days of invoice Bryan's estimate of costs. Notwithstanding the
foregoing, College Station will not be liable for consequential damages.
E. Relocation of Facilities for the Benefit of Third Parties. If College Station shall require
Bryan to adapt or conform its facilities, or in any way or manner to alter, relocate, or
change its property to enable any other Person, except College Station, to use, or to use
with greater convenience, any ROW Bryan shall not be bound to make such changes until
such other Person shall reimburse or make satisfactory arrangements for reimbursement
to Bryan for any loss and expense caused by or arising out of such change. College
Station shall not be liable for such reimbursement.
F. Temnorarv Raisina or Lowerina of Wire for Buildina Movina. Upon written request of
any Person holding a building moving permit issued by College Station, Bryan shall
raise, or lower its wires and cables temporarily to permit the moving of houses, buildings
or other bulky structures. The reasonable expense of such temporary raising or lowering
shall be paid by the benefited person, and Bryan may require such payment in advance,
Bryan being without obligation to raise, or lower its wires and cables until such payment
shall has been made. Bryan shall be given not less than seventy-two (72) hours advance
written notice to arrange for such temporary wire and cable adjustments.
G. Tree Trimming. College Station may, from time to time, pass ordinances regulating the
trimming or removal of trees on or along College Station property, however, reasonable
tree trimming and vegetation control shall be allowed.
H. Placement of Fixtures. Bryan shall not place poles, towers or similar fixtures where the
same will unduly interfere with any gas, electric, or telephone fixture, water hydrant or
main, drainage facility or sanitary sewer, and all such poles, towers and similar facilities
shall be placed in such manner as not to unreasonably interfere with the usual travel or
use of the streets.
Ordinance No. 2010-3283
1. Street Liehts. Bryan shall provide electric service to standard or decorative street lights
within Bryan's PUC certificated area in College Station. Unmetered street lighting will
be installed, operated and maintained by Bryan. Bryan will establish a monthly cost for
each light which includes installation of a standard design, operation and maintenance
costs. College Station will approve requests. for the installation of street lighting. For
decorative lighting, Bryan will furnish a cost for each light over and above the standard
design to be paid by the developer prior to installation.
Traffic Sienals. Bryan shall provide space on existing facilities and those to be
constructed in Public Utility Easements for College Station to attach traffic signals. If the
facilities require an upgrade to accommodate College Station's request for traffic signals,
College Station may elect to either construct its own traffic signal facilities or to
reimburse Bryan for the difference in cost to make the necessary upgrades to Bryan's
facilities. College Station shall pay for electricity necessary to operate the traffic signals
in accordance with Bryan's tariff for such services.
Section 6. UNDERGROUND INSTALLATION.
Bryan shall abide by the ordinances governing underground utilities that are in place at the time of
the original installation of the facilities in the area affected by such ordinances. Any maintenance,
substitution, or replacement of Bryan's facilities will fall under the ordinance in place at the time of the
facility's original installation. Additional costs incurred for underground versus overhead facilities will be
determined by Bryan's line extension policy and will be the responsibility of Bryan and the developer of
the area.
Section 7. LIABILITY INSURANCE.
A. Minimum Coveraee. Within thirty (30) days after the effective date of this Franchise,
Bryan shall file with the Director and shall maintain throughout the term of this Franchise
a policy of comprehensive general insurance, including an endorsement for contractual
liability, issued by an insurance company duly authorized to do business in the State of
Texas insuring College Station and Bryan with respect to the installation, maintenance,
and operation of Bryan's Electric System. The amounts designated herein are minimum
requirements and do not establish the limits of the Bryan's liability:
1) Comprehensive General Liability: One Million Dollars ($1,000,000.00)
combined single limit per occurrence for bodily injury, personal injury and
property damage.
2) Automobile Liability: One Million Dollars ($1,000,000.00) combined signal
limit per accident for bodily injury and property damage.
3) Worker's Compensation and Employers Liability: Workers' Compensation
limits statutory for the State of Texas and Employers Liability limits of One
Million Dollars ($1,000,000.00) per accident.
4) Excess and Umbrella Liability Insurance in a form following the underlying
coverages in an amount of One Million Dollars ($1,000,000.00) each occurrence
and one Million Dollars ($1,000,000.00) aggregate.
B. Notice of Cancellation or Reduction. Such liability insurance shall contain the provision
that written notice of expiration, cancellation, reduction or material change in coverage of
the policy shall be delivered to the Director and to Bryan at least thirty (30) days in
advance of the effective date thereof.
C. Term. Such liability insurance shall be kept in full force and effect by Bryan during the
existence of this Franchise.
Ordinance No. 2010-3283
Section 8. GOVERNING LAW; LIMITATIONS; COMPLIANCE.
A. Governing Law. This Ordinance shall be construed in accordance with College Station's
Charter and Code of Ordinances in effect on the Effective Date of this Ordinance to the
extent that such Charter and Code of Ordinances are not in conflict with or in violation of
the Constitution and laws of the United States or the State of Texas.
B. Limitations: This Ordinance shall be governed by and construed in accordance with the
laws of the State of Texas. Should either party desire to pursue any claim or cause of
action against the other relating to this Ordinance, notwithstanding any provisions of any
law, the party desiring to assert such claim or cause of action must do so in a form with
appropriate jurisdiction within four (4) years of the date that such claim or cause of action
first arose or said claim or cause of action shall be forever barred.
C. Compliance. Notwithstanding any other provision of this Franchise to the contrary,
College Station and Bryan shall at all times comply with all laws, rules and regulations of
the state and federal government and any administrative agencies thereof, with respect to
the subject matter of this Ordinance.
Section 9. PAYMENT TO COLLEGE STATION.
A. In consideration for the rights and privileges herein granted, the administration of this
Franchise by College Station, the temporary interference with the use of public rights of
way and other costs and obligations undertaken by College Station herein, Bryan hereby
agrees to pay to College Station during the term of this Franchise a sum of money equal
to five percent (5%) of annual Gross Receipts as herein defined. Franchise fee payments
shall be paid quarterly on or before each May 1, August 1, November 1, and February I
for the most recently ended calendar quarter. Bryan shall file with College Station's City
Manager within thirty (30) days after the expiration of each quarter of each calendar year,
or portion thereof during which this Franchise is in effect, a statement showing in
reasonable detail the Gross Receipts collected during the preceding quarter of the
calendar year. Such statement shall be accompanied by Bryan's payment to College
Station of five percent (5%) of the Gross Receipts for such quarter. An interest charge
shall be assessed on a franchise fee payment not paid on the due date at the rate of ten
percent (101/6) per year for each day that the franchise fee payment is late, and check for
the interest due shall accompany the late franchise payment.
B. If Bryan elects to provide customer choice pursuant to the terms of the Public Utility
Regulatory Act, the fee due under this Franchise shall be based on the following: (1) each
kilowatt hour of Electricity delivered by Bryan to each retail customer whose consuming
facility's point of delivery is located within College Station's Corporate Limits. The
charge imposed shall be equal to the total electric franchise fee revenue due College
Station under this Franchise for the calendar year preceding Bryan's decision to provide
customer choice divided by the total kilowatt hours delivered during that calendar year by
Bryan to retail customers whose consuming facilities' points of delivery were located
within College Station's Corporate Limits. The fee due to College Station from Bryan as
the provider of distribution service shall be equal to the charge per kilowatt hour
determined for the calendar year preceding Bryan's decision to provide customer choice
multiplied times the number of kilowatt hours delivered within College Station's
Corporate Limits; and (2) a sum equal to five percent (5%) of gross revenues received by
Bryan from Discretionary Service Charges that are for the benefit of an end-use retail
electric consumer within Bryan's certificated area located within College Station's
Corporate Limits. Discretionary Service Charges shall include but not be limited to:
connection charges, disconnection charges, reconnection charges, meter testing charges,
out-of-cycle meter read charges, non-standard meter installation charges, service call
charges, outdoor lighting charges, tampering charges, denial of access charges,
Ordinance No. 2010-3283
distributed renewal generation metering charges, and construction services. Bryan shall
make payment to College Station accompanied by a statement filed with College
Station's City Manager within thirty (30) days after the expiration of each quarter of each
calendar year, or portion thereof during which this Franchise is in effect. The statement
shall show in reasonable detail the basis for the payment. An interest charge shall be
assessed on a franchise fee payment not paid on the due date at the rate of ten percent
10%) per year for each day that the franchise fee payment is late, and check for the
interest due shall accompany the late franchise payment.
C. The consideration set forth in this section shall be paid and received in lieu of any other
license, charge, fee, street or alley rental, or other character of charge for use and
occupancy of the Streets, Sidewalks, Public Utility Easements, and other public rights of
way of College Station and in lieu of any pole tax, inspection fee tax or other tax, any
lawful permit, inspection or other fee whether charged to Bryan or any of its contractors;
and any imposition other than the usual general ad valorem taxes, special assessments to
abutting landowners or sales taxes now or hereafter lawfully levied.
Section 10. RECORDS AND REPORTS.
A. Book of Account. Bryan shall keep complete and accurate books of accounts and records
of its business and operations from which Gross Receipts may be determined. To the
extent practicable, copies of relevant portions of such books of accounts and records shall
be made available at Bryan's office nearest to College Station upon reasonable request.
B. Access by College Station. The Director or his duly designated officers, agents, or
representatives, shall have access to all books of accounts and records of Bryan relating
to this Franchise as reasonably needed to determine the accuracy of any and all reports
relating to Bryan's receipts to College Station. Any confidential or proprietary matters
disclosed to College Station shall be held in confidence and disclosed only as needed to
enforce College Station's rights under this Ordinance.
Section 11. AREA OF COLLEGE STATION AFFECTED.
A. This Franchise shall extend to and include any and all territory that is within Non-Core
Areas of College Station. This Franchise shall not apply to Core Areas of College Station.
Bryan may operate, maintain, repair, replace, reconstruct or upgrade Bryan's existing
facilities in Core Areas.
B. This Franchise is not intended to and does not enlarge the scope or geographical extent of
certification to provide retail service beyond the area certificated to Bryan in the absence
of this Franchise.
D. Additionally, this Franchise shall extend to any and all territory which is annexed by
College Station during the term of this Franchise. In the event of disannexation, this
Franchise shall be reduced to the territory that continues to be in College Station.
E. College Station shall promptly furnish Bryan with maps of the affected area in the event
of an annexation or disannexation. Within sixty (60) days from the date such maps are
furnished, Bryan shall identify all Customers located within such annexed or disannexed
territory and adjust its accounting system accordingly. For the purposes of calculating
Gross Receipts, Customers, if any, included within an annexed area shall be deemed to
commence sixty (60) days from the date College Station furnishes the maps to Bryan.
Ordinance No. 2010-3283
Section 12. NON-EXCLUSIVE FRANCHISE.
This Franchise is not exclusive and nothing herein contained shall be construed so to prevent
College Station from granting other like or similar rights, privileges and franchises to any other Person.
Section 13. DEFAULT; REMEDIES.
In addition to all rights and powers of College Station by virtue of this Franchise or otherwise,
College Station reserves the rights to terminate and cancel this Franchise in accordance with the following
provisions:
A. Violation of Provisions. This Franchise may be terminated by College Station in the
event Bryan shall by act or omission materially violate any term, condition or provision
of this Franchise and shall fail or refuse to effect compliance within thirty (30) days
following written demand by College Station to do so.
B. Method of Termination and Cancellation. Any such termination and cancellation of this
Franchise shall be by ordinance adopted by College Station; provided, however, before
any such ordinance is adopted, Bryan shall be given at least thirty (30) days' advance
written notice, which notice shall set forth the causes and reasons for the proposed
termination and cancellation, shall advise Bryan that it will be provided an opportunity to
be heard by City Council regarding such proposed action before any such action is taken,
and shall set forth the time, date, and place of the hearing. In no event shall such hearing
be held less than thirty (30) days following delivery of such notice to Bryan.
C. Force Maieure. Other than its failure, refusal or inability to pay its debts and obligations,
including, specifically, the payments to College Station required by this Franchise, Bryan
shall not be declared in default or be subject to a sanction under any provision of this
Franchise in those cases in which performance of such provision is prevented by reasons
beyond its reasonable control.
Section 14. RATE REGULATION; RESERVE OF REGULATORY POWERS; RESERVE OF
LEGAL RIGHTS.
A. Rate Regulation. College Station shall have only such regulatory power, authority, and
jurisdiction respecting Bryan's rates, if any, as may be provided by law, if any.
B. Reeulatorv Powers. College Station by the granting of this Franchise does not render or
to any extent lose, waive, impair, or lessen the lawful powers and rights, now or hereafter
vested in College Station under the Constitution and statutes of the State of Texas and of
the United States of America and under the Charter of College Station, to regulate the use
of the Streets by College Station.
C. Leeal Riahts. Bryan by accepting this Franchise does not surrender or to any extent lose,
waive, impair or lessen the lawful powers and rights now or hereafter vested in Bryan
under the Constitution and statutes of the State of Texas and of the United States of
America.
Section 15. GOVERNMENTAL FUNCTION.
All of the lawful regulations and activities required by this Franchise are hereby declared to be
governmental and for the health, safety, and welfare of the general public.
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Ordinance No. 2010-3283
Section 16. ASSIGNMENT.
Bryan shall not assign its rights or obligations under this Franchise, nor any part of such rights or
obligations, without the prior written consent of College Station, which consent shall not be unreasonably
withheld, conditioned, or delayed. As a condition of an assignment the proposed assignee shall execute a
written acknowledgment that it has read, understood, and intends to abide by this Franchise, and that the
assignee assumes all obligations and liabilities imposed by this Franchise on Bryan.
Section 17. PUBLICATION COST.
In compliance with the provisions of Article III, Section 35 of College Station Charter, Bryan shall
pay the cost of those publications of this Franchise required by such Charter provisions.
Section 18. ACCEPTANCE.
Bryan shall, within thirty (30) days from the date this Franchise takes effect, file with the
Secretary of College Station a written statement signed in its name and behalf in substantially the following
form:
To the Honorable Mayor and City Council:
The City of Bryan, Texas, for itself, its successors and assigns, hereby accepts the attached
Franchise and agrees to be bound by all of its terms and provisions.
City of Bryan, Texas
By:
Dated: day of 2010
Section 19. SEWRABILITY.
If any provisions, section, subsection, clause, or phrase of this Ordinance is for any reason held to
be unconstitutional, void, or invalid (or for any reason unenforceable), to the extent practicable, the validity
of the remaining portions of this Franchise shall not be affected thereby, it being the intent of College
Station in adopting this Ordinance that so long as practicable no portion hereof or provision hereof shall
become inoperative or fail by reason of any unconstitutionality or invalidity of any other portion, provision,
or regulation, and to this end, all provisions of this Ordinance are declared to be severable. If a
modification of this Ordinance by severance of valid provisions from invalid provisions results in an
ordinance that is not practicable, in the opinion of either parry, then the parties agree to meet promptly and
discuss any necessary amendments or modifications to this Ordinance. If the parties are unable to agree on
necessary amendments or modifications within a reasonable period of time, then this Ordinance may be
terminated by either parry by providing thirty (30) days' written notice to the other.
Section 20. PASSAGE AND EFFECTIVE DATE.
This Franchise shall take effect and be in force from and after sixty (60) days' following its final
passage and approval.
PASSED first reading this 23rdday of Septs A.D. 2010.
PASSED second reading this 14th day of Oct. , A.D. 2010.
PASSED third reading this 25th day of Oct., A.D. 2010.
10
Ordinance No. 2010-3283
APPROVED this 25thday of Oct.. A.D. 2010.
CITY OF BRY CITY OF COLLEGE STATION
By: By:
Mayor Mayor
Date: Date: 10-1-7-10
ATTEST: ATTEST:
City Secretary City Secretaryj
Date: / 0 - rf (D Date:, O 7- ( 0
APPROVED:
W~ 6",
City Manager
Dater /2-b
CL, -x
Attorney City Attorney
Date: Date: 1o D to
a
II
Ordinance No. 2010-3283