Ordinance No. 10,398ORDINANCE NO. 10,398
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
Amok TEXAS, GRANTING TO CENTERPOINT ENERGY HOUSTON ELECTRIC.
LLC THE RIGHT, PRIVILEGE AND FRANCHISE TO USE THE PUBLIC
RIGHTS -OF -WAY AND TO USE, LICENSE, OR EXPLOIT THE
COMPANY'S FACILITIES WITHIN THE PUBLIC RIGHTS -OF -WAY TO
CONDUCT AN ELECTRIC DELIVERY BUSINESS IN THE CITY AND FOR
SUCH OTHER BUSINESS PURPOSES AS THE COMPANY MAY DESIRE
FROM TIME TO THVIE, SPECIFICALLY INCLUDING, BUT NOT LIMITED
TO, THE GRANTING OF ACCESS TO THOSE FACILITIES FOR THE
DELIVERY OF BROADBAND OVER POWER LINES OR SIMILAR
SERVICE WITHIN THE CITY OF BAYTOWN, TEXAS; AND PROVIDING
FOR THE PUBLICATION AND THE EFFECTIVE DATE THEREOF.
WHEREAS, City of Baytown, Texas Ordinance No. 488 (the "Prior Franchise ") granted
an electrical lighting and power franchise to Houston Lighting & Power Company, for a term
expiring September 30, 2008; and
WHEREAS, Company is the successor to Reliant Energy, Incorporated ( "REI "), which
was the successor to Houston Lighting & Power Company, by virtue of a corporate restructuring
of REI that occurred in August 2002, in which REI was merged with and into an indirect wholly
owned subsidiary of CenterPoint Energy, Inc., which was converted into a limited liability
company and was renamed CenterPoint Energy Houston Electric, LLC; and
WHEREAS, Company owns and operates an electric delivery business within the
corporate limits of the City and Company is willing to continue to provide electric delivery
services within the corporate limits of the City: and
WHEREAS, Company and the City have reached agreement on the terms and conditions
by which they will tenninate the Prior Franchise and enter into a new franchise for thirty (30)
years to August 30, 2036: and
WHEREAS, it is hereby found and determined by the City Council of the City of
Baytown that it is in the best interests of the City that a Franchise granting to the Company the
right to use the public rights -of -way to conduct an electric delivery business in the City and for
such other business purposes as the Company may desire from time to time be granted subject to
the terms and conditions described in this ordinance; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the facts contained in the preamble to the Ordinance are determined to be
true and correct and are hereby adopted.
Section 2: Definitions.
AW
Annual Adjustment Factor has the meaning set forth in Section 11 below.
ddmk Annual Franchise Fee has the meaning set forth in Section 11 below.
Broadband over Power Lines (BPL) or "Access BPL" has the same meaning as that used
by the Federal Communications Commission in Section 15.3 of its Rules as reprinted below:
Access Broadband over Power Line (Access BPL). A carrier
current system installed and operated on an electric utility service
as an unintentional radiator that sends radio frequency energy on
frequencies between 1.705 MHz and 80 MHz over medium voltage
lines or over low voltage lines to provide broadband
communications and is located on the supply side of the utility
service's points of interconnection with customer premises. Access
BPL does not include power line carrier systems as defined in
Section 15.3(t) of this part or In -House BPL as defined in Section
15.3(gg) of this part.
City means the City of Baytown, Texas, a municipal corporation of the State of Texas.
City Council means the governing body of the City, or its designee.
Company means CenterPoint Energy Houston Electric, LLC, a Texas limited liability
company.
Effective Date means September 1, 2006.
First Rate Case has the meaning set forth in Section 14 below.
Force Majeure means forces or conditions not reasonably within the control of a party,
including a strike; war or act of war (whether an actual declaration of war is made or not);
insurrection; riot; act of public enemy; accident; fire; flood or other act of God; sabotage:
shortages in materials, supplies and equipment; governmental regulations, limitations and
restrictions as to the use and availability of materials, supplies and equipment and as to the use of
services; unforeseen and unusual demands for service; or other events, where the affected party
has exercised all due care in the prevention thereof and such causes or other events are without
the fault or negligence of the affected party.
Franchise means this Ordinance and the rights and privileges granted by this Ordinance.
Franchise Year has the meaning set forth in Section 11, below.
Franchise Area means the area within the boundaries of the City as of the Effective Date
and as same may change from time to time during the term of the Franchise.
Initial Franchise Period shall have the meaning set forth in Section 11, below.
Other Services means any service, exclusive of the transmission and distribution of
electricity, provided or allowed to be provided through the use or license of the System for a fee,
including but not limited to BPL.
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_ Person means any individual, firm, partnership, association, corporation, company or
organization of any kind.
Prior Franchise has the meaning set forth in the first Whereas clause, above.
Public Rights -of -Way means the areas in, under, upon, over, across, and along any and all
of the present and future Streets or streams now or hereafter owned or controlled by City.
Public Works Improvement Projects has the meaning set forth in Section 5, below.
PUC means the Public Utility Commission of Texas or its successor agency with
equivalent jurisdiction.
Retail Customer means any Person taking delivery of electricity from Company, at a
point of delivery within the Franchise Area.
Street means the surface and the space above and below any public street, road, highway,
alley, bridge, sidewalk. or other public place or ,%i-ay.
System means the Company's facilities erected, constructed, maintained, operated, used,
extended, removed, replaced, and repaired, as necessary, by Company pursuant to this Franchise,
including without limitation, all poles, pole lines, towers, transmission lines, wires, guys,
conduits, cables, and other desirable instrumentalities and appurtenances (including telegraph
and telephone poles and wires for use of Company), necessary and proper for the purpose of
transmitting and distributing electricity to the City and the inhabitants of said City or other
Persons, for any purpose for which electricity may be used.
Section 3: Subject to the terms, conditions and provisions of this Franchise, City hereby
grants to Company the right, privilege and franchise to use City's Public Rights -of -Way to
construct, maintain, operate and use Company's System to conduct within the City an electric
delivery business and the right to use, license, or exploit the System within the Public Rights -of-
Way for Other Services. This Franchise does not restrict City's right to impose reasonable fees
upon third parties for the use of the Public Rights -of -Way to provide Other Services, so long as
such fees are assessed on a non - discri minatory basis with those charged to other companies
providing services competitive with the Other Services.
Section 4: Upon the effective date of this Franchise, the City and the Company agree that
the Prior Franchise is terminated and this Franchise shall be in full force and effect from
September 1, 2006 to August 30, 2036.
Section 5: All poles erected by Company pursuant to the authority herein granted shall
be of sound material and reasonably straight, and shall be so set that they shall not interfere with
the flow of water in any gutter or drain. and so that the same shall interfere as little as practicable
with the ordinary travel, on the Streets or other Public Rights -of -Way. Within the Streets or
other Public Rights -of -Way of City, the location and route of all poles, stubs, guys, anchors,
lines, conduits and cables placed and constructed and to be placed and constructed by Company
AOW in the construction and maintenance of Company's System in the City, shall be subject to the
reasonable and proper regulation, control and direction of City, or of any City official to whom
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Awk such duties have or may be duly delegated, which regulation and control shall include, but not by
way of limitation, the right to require in writing, to the extent provided in Section 10, the
relocation of Company's System at Company's cost within the Streets or other Public Rights -of-
Way whenever such shall be reasonably necessary to accommodate improvement projects within
such Streets or Public Rights -of -Way by the city department with primary responsibility for
public works projects ( "Public Works Improvement Projects ").
Section 6: In consideration for the compensation set forth in Sections 11 and 15, City
agrees that if City sells, conveys, or surrenders possession of any portion of the Public Right -of-
Way that is being used by Company pursuant to this Franchise, City. to the maximum extent of
its right to do so, shall first grant Company an easement for such use; and the sale, conveyance,
or surrender of possession of the Public Right -of -Way shall be subject to the right and continued
use of Company.
Section 7: Following completion of work in Public Rights -of -Way, Company shall repair
the affected Public Rights -of -Way as soon as possible, but in all cases shall comply with all valid
City ordinances governing time periods and standards relating to excavating in the Public Rights -
of -Way. No Street or other Public Right -of -Way shall be encumbered by construction,
maintenance or removal work by Company for a longer period than shall be necessary to execute
such work.
Section 8: The service furnished hereunder to City and its inhabitants shall be first -class
in all respects, considering all circumstances, and Company shall furnish the grade of service to
Retail Customers as provided by its rate schedules and shall maintain its System in reasonable
operating condition during the continuance of this Franchise. Company's tariffs shall govern the
rates, access to service, terms and quality of electric delivery services provided by Company. An
exception to this requirement is automatically in effect when due to Force Majeure. In any Force
Majeure event, Company shall do all things reasonably within its power to restore normal
service.
Section 9: Company, on the written request of any person, shall remove or raise or lower
its wires temporarily to permit construction work in the vicinity thereof or to permit the moving
of vessels, houses or other bulky structures. The expense of such temporary removal, raising or
lowering of wires shall be paid by the benefited party or parties, and Company may require such
payment in advance, being without obligation to remove, raise, or lower its wires until such
payment has been made. Company shall be given adequate, and in no event less than forty-eight
(48) hours, advance notice to arrange for such temporary wire changes.
Section 10: Company shall construct, operate, and maintain its transmission and
distribution facilities in substantial accordance with Company's own Service Standards and the
National Electrical Safety Code ( "NESC "). Company shall determine the specific location and
the method of construction and types of materials used in building, maintaining, and operating
Company's transmission and distribution facilities. City shall require its employees and
contractors performing work for the benefit of City to comply with all applicable laws, statutes,
codes and standards (including, without limitation, Section 752 of the Texas Health and Safety
Code, as the same may be amended or replaced, and the NESC) when working near Company's
�` System and to report as soon as practicable any damage done to Company's System. Company
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AM also agrees to require its employees and contractors performing work for the benefit of City to
comply with all applicable laws, statutes, codes and standards (including, without limitation,
Section 752 of the Texas Health and Safety Code, as the same may be amended or replaced, and
the NESC) when working near City's facilities and to report as soon as practicable any damage
done to City's facilities. Company shall relocate facilities within Public Rights -of -Way at
Company's own expense, exclusive of street lighting and facilities installed for service directly
to City, to accommodate Public Works Improvement Projects, including, but not lirnited to street
widening, change of grade, water, sewer, or drainage upgrades, construction or reconstruction
projects and minor relocation of traffic lanes. City shall bear the costs of all relocations of street
lighting and facilities installed for service directly to City and of any relocation of other facilities
requested by City for reasons other than Public Works Improvement Projects. Except in the
event of an emergency, City shall give Company at least seventy -two (72) hours notice when
City or City's contractor is requesting the bracing of Company's poles. Company shall pay for
the bracing to accommodate Public Works Improvement Projects, including but not limited to
street widening, change of grade, water, sewer, or drainage upgrades, construction or
reconstruction projects and minor relocation of traffic lanes.
Section 11: In consideration for the rights and privileges herein granted, Company agrees
to pay to City, beginning on the Effective Date and continuing throughout the (30) year terra of
this Franchise provided for in Section 4, above, an annual franchise fee (referred to herein as
"Annual Franchise Fee "), subject to an Annual Adjustment Factor as set forth below. Except as
set forth in Section 15, payment of the Annual Franchise Fee shall be the total compensation
payable to City in consideration for the right, privilege and franchise herein conferred for
Company's use of the Public Rights -of -Way to construct, operate, use and maintain its System
for the provision of electric transmission and distribution service and its right to use, license, or
exploit its System for Other Services.
The Annual Franchise Fee shall be calculated as follows:
1. The "Annual Franchise Fee," for the period beginning on the Effective Date and
continuing through June 30, 2007 (the "Initial Franchise Period "), shall be
prorated by dividing $2,406,137.78 by 12 and multiplying that monthly payment
by the number of months the Franchise will actually be in force and effect.
2. The Annual Franchise Fee for each succeeding twelve -month period (each a
"Franchise Year "), including the Franchise Year beginning July 1, 2007, shall be
adjusted by multiplying $2,406,137.78 by the Annual Adjustment Factor. The
"Annual Adjustment Factor" for any given year shall be a fraction, the numerator
of which shall be the kWh delivered by Company within the Franchise Area
(inclusive of street lighting) in the previous calendar year and the denominator of
which shall be the kWh delivered by Company within the Franchise Area
(inclusive of street lighting) in 2005, said amount being 768,091,285 kWh.
(Example: The Annual Franchise Fee for the Franchise Year beginning July 1.
2010 = $2,406,137.78 x 2009 kWh/768,091,285 kWh).
In no case, however, shall the Annual Franchise Fee be less than $2,406,137.78 except as
provided in (1) above, for the Initial Franchise Period.
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In calculating the amount to be paid each year, Company shall offset its Annual
dalk Franchise Fee payments with the amount of the Municipal Account Franchise Credits and
Municipal Franchise Fee Credits provided in Company's tariffs and applicable to City in the
prior calendar year. The Annual Franchise Fee shall be payable in equal monthly installments
due the first day of each calendar month. Company shall calculate the new franchise fee to be
payable for each Franchise Year beginning July I" and shall provide the same along with the
basis for such calculation to City for its review no later than April 151 of each year. If Company
does not receive an objection from City by May 31", Company shall implement the adjusted
Annual Franchise Fee payment on July 151. If the additional thirty (30) year term of this
Franchise provided for in Section 4, above, ends on any day other than the last day of the last
Franchise Year, then the Annual Franchise Fee for the final Franchise Year shall first be
calculated pursuant to this Section I 1 and then pro rated accordingly.
Section 12: The parties agree that the franchise payments due under this Franchise are
reasonable and necessary and that the parties shall use their best efforts to enable Company to
recover these payments through its electric rates.
Section 13% Except as provided in Section 15, the Annual Franchise Fee payable
hereunder shall be the total compensation payable by Company to City for Company's use of the
Public Rights -of -Way for the conduct of its business under the Franchise. City shall not charge
any additional license, charge, fee, street or alley rental, or other character of charge or levy for
the use or occupancy of the Public Rights -of -Way in City, or any pole tax or inspection fee tax.
If City does charge Company any additional license, charge, fee, street or alley rental, or other
character of charge or levy, then Company may deduct the amount charged from the next
succeeding franchise payment or payments until fully reimbursed. The Franchise shall constitute
a pen-nit to perform all work on Company's System within the Public Rights-of-Way and to park
vehicles in the Streets and other Public Rights -of -Way when necessary for the installation,
removal, operation or maintenance of Company's System. Company and contractors perfonning
work for Company shall not be required to obtain any permits in addition to the Franchise or to
pay any fee in addition to the Annual Franchise Fee in order to perform work on Company's
System or to park within the Streets and other Public Rights -of -Way. Company shall cooperate
with City to avoid unnecessary disruption, and Company shall comply with all valid City
ordinances governing time periods and standards relating to excavating in the Public Rights -of-
Way.
Section 14: In the first rate case to review Company's base rates following the Effective
Date (the "First Rate Case "), City shall support Company's request to include in Company's
base rates the entire then - effective Annual Franchise Fee. If, as a result of the First Rate Case, or
any subsequent rate case, Company's entire then - effective Annual Franchise Fee is not included
in Company's base rates, then Company shall be required to pay only so much in franchise fees
as the amount of franchise fees used by the PUC to calculate Company's then- effective rates.
Section 15: In addition to the considerations set forth in Section 11, Company shall
furnish, free of charge, subject to the use of City, such pole and /or duct space as may be required
from time to time for City-owned traffic, police and fire alarm system conductors; provided such
Amok conductor space does not exceed the available capacity on any one existing pole or in one
existing interior duct. Company shall allow for the expanded use of existing energized
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_ conductors by City for the purposes of providing traffic signal communication intercotmectivity
with prior written approval from Company, which approval shall not be unreasonably withheld,
conditioned, delayed or denied. The specific location for these traffic, police and fire alarm
conductors on Company poles or ducts shall be determined by Company and shall be allotted at
the time specific applications for space are received from City. All City traffic, police and fire
alarm circuits on Company poles and ducts shall be designed and installed, operated and
maintained in compliance with the applicable provisions of the NESC and other laws, statutes,
codes and ordinances applicable to private parties and so as to create no interference, corrosion,
harm, damage or hazard with, to or from Company's System or Company's business. All plans
for such City traffic, police and fire alarm circuits must be submitted for Company's written
approval prior to installation. Any modifications to Company's System necessary to
accommodate such installation shall be paid by City. If, after installation, City's equipment is
found to interfere with Company's System or business, Company and City shall work together to
address the problem and, if deemed practical by Company, preserve City's access. Where main
underground duct lines are located between manholes, Company shall permit free of charge the
installation in one interior duct by City of its traffic, police or fire alarm signal cables; provided
space is available in an interior duct not suitable for power circuits without interference with
Company's system neutral conductors. All cables installed by City in Company ducts shall be of
the non - metallic sheath type to prevent corrosive or electrolytic action between City- and
Company -owned cables. A request for duct assignment shall in each instance be submitted to
Company and a sketch showing duct allocation shall be received from Company prior to the
installation of City cables in Company -owned duct lines. All City -owned conductors and cables,
whether on poles or in duct lines, shall be constructed, maintained and operated in such manner
as to not interfere with or create a hazard in the operation of Company's System or Company's
business. If after installation, City's equipment is found to interfere with Company's System or
business, Company and City shall work together to address the problem and, if deemed practical
by Company, preserve City's access.
In addition to the consideration set forth in Section 11, Company shall permit City to use,
free of charge, extra space on its street light poles to install City -owned traffic control signs and
decorative banners, with prior written approval from Company, which approval shall not be
unreasonably withheld, conditioned, delayed or denied and provided that such use is consistent
with the NESC and other applicable engineering and operational codes and standards.
Notwithstanding any other provision in this Franchise, it is further agreed that
Company shall not be responsible to airy parry or parties whatsoever for any claims, demands,
losses, suits, judgments for damages or injuries to Persons or property by reason of the
construction, maintenance, inspection or use of the traffic signal light systems, police and fire
alarm systems, traffic control signs, or decorative banners belonging to City and constructed
upon Company's poles or street light poles or in its ducts, and City shall indemnify and hold
Company harmless against all such claims, losses, demands, suits acid judgments, to the extent
permitted by the Texas Constitution and Texas Tort Claims Act, but City does not, by this
agreement, admit primary liability to any third party by reason of City's operation and use of
such traffic signal light systems, police and fire alarm systems, traffic control signs, or
decorative banners, such being a function ofgovernment.
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Section 16: City may conduct an audit or other inquiry, or may pursue a cause of action
in relation to the payment of the Annual Franchise Fee only if such audit, inquiry, or pursuit of a
cause of action concerns a payment made less than two (2) years before commencement of such
audit, inquiry, or pursuit of a cause of action. City shall bear the costs of any such audit or
inquiry. All books and records related to Company's operations under this Franchise shall be
available to City. Upon receipt of a written request from City, such documents shall be made
available for inspection and copying no later than thirty (30) days from the receipt of such
request. Amounts due to City for past underpayments or amounts due Company for past
overpayments shall include interest calculated using the annual interest rates for overcharges as
set by the Texas Public Utility Commission. Said interest shall be payable on such sum from the
date the initial payment was due until it is paid.
Section 17: The parties agree to waive any and all claims, asserted or unasserted, arising
out of prior franchise agreements including, without limitation, the Prior Franchise, except those
claims relating to Company's obligations two years prior to the effective date of this Franchise.
Section 18: Nothing contained in this Franchise shall ever be construed as conferring
upon Company any exclusive rights or privileges of any nature whatsoever.
Section 19: It shall be Company's obligation as provided in Section 8 hereof to furnish
efficient electrical service to the public at reasonable rates and to maintain its property in good
repair and working order except when prevented from so doing by forces and conditions not
reasonably within the control of Company. Should Company fail or refuse to maintain its
System in good order and furnish efficient service at all times throughout the life of this grant,
except only when prevented from so doing by Force Majeure, or should Company fail or refuse
to furnish efficient service at reasonable rates, lawfully determined by City, throughout the life of
this grant, excepting only during such periods as Company shall in good faith and diligently
contest the reasonableness of the rates in question, then it shall forfeit and pay to City the sum of
Twenty Five Dollars (S25) for each day it shall so fail or refuse after reasonable notice thereof
and a hearing thereon by City. Any suit to recover such penalty shall be filed within one year
from the date the penalty accrues.
Section 20: If any term or other provision of the Franchise is determined by a
nonappealable decision by a court, administrative agency, or arbitrator to be invalid, illegal, or
incapable of being enforced by any rule of law or public policy, all other conditions and
provisions of the Franchise shall nevertheless remain in frill force and effect so long as the
economic or legal substance is not affected in any manner materially adverse to either party.
Upon such determination that any term or other provision is invalid, illegal, or incapable of being
enforced, the parties shall negotiate in good faith to modify the Franchise so as to effect the
original intent of the parties as closely as possible.
SECTION 21: Subject to Section 15, Company, its successors and assigns, shall
protect and hold City harmless against all claims for damages or demands for damages to any
Person or property by reason of the construction and maintenance of its electricity
transmission and distribution System, or in any it,ay growing out of the granting of this
_ Franchise, either directly or indirectly, or by reason of any act, negligence, or nonfeasance of
the contractors, agents or employees of Company, its successors or assigns, and shall refund
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to City all sums which it may be adjudged to pay on any such claim, or which may arise or
grow out of the exercise of the rights and privileges hereby granted, or by the abuse thereof,
and Company, its successors and assigns, shall indemnify and hold City harmless from and on
account of all damages, costs, expenses, actions, and causes of action, to the extent permitted
by the Texas Tort Claims Act, that may accrue to or be brought by any Person, Persons,
company or companies at any time hereafter by reason of the &Yercise of the rights and
privileges hereby granted, or of the abuse thereof.
Section 22: In granting this Franchise, it is understood that the lawful power vested by
law in City to regulate all public utilities within City, and to regulate the local rates of public
utilities within City within the limits of the Constitution and laws, and to require all persons or
corporations to discharge the duties and undertakings, for the performance of which this
Franchise was made, is reserved; and this grant is made subject to all lawful rights, powers and
authorities, either of regulation or otherwise, reserved to City by its Charter or by the general
laws of this State.
Section 23: This Franchise replaces all other former franchise agreements with
Company, or its predecessors, which are hereby repealed.
Section 24: City by the granting of this Franchise does not surrender or to any extent
lose, waive, impair or lessen the lawful powers and rights, now or hereafter vested in City under
the Constitution and statutes of the State of Texas and under the Charter of City to regulate the
rates and services of Company; and Company by its acceptance of this Franchise agrees that all
such lawful regulatory powers and rights as the same may be from time to time vested in City
shall be in full force and effect and subject to the exercise thereof by City at any time and from
time to time.
Section 25: Within 30 days following the final passage and approval of this ordinance,
the Company shall file with the City Clerk, accompanied by appropriate authorized corporate
resolutions in a form acceptable to the City Attorney, a written statement in the following form
signed in its name and behalf-
"To the Honorable Mayor and the City Council of the City of Baytown, Texas:
For itself, its successors and assigns. Grantee, CENTERPOINT ENERGY
HOUSTON ELECTRIC, LLC, hereby accepts the attached ordinance and agrees
to be bound by all of its terms, conditions and provisions."
CENTERPOINT ENERGY HOUSTON
ELECTRIC, LLC
By:_
Name:
Title:
"Dated this the day of , 2006."
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Section 26: This Franchise, having been published as required by Section 117 of the City
Charter shall take effect and be in force from and after 60 days following its final passage and
approval, and receipt by the City of Company's acceptance filed pursuant to Section 25. In
compliance with the provisions of Section 117 of the City Charter, the Company shall pay the
cost of those publications and any costs associated with any elections held regarding this
Franchise required by such City Charter provisions.
Section 27: Every notice, order, petition, document, or other direction or communication
to be served upon the City or the Company shall be deemed sufficiently given if sent by
registered or certified mail, return receipt requested. Every such communication to the Company
shall be sent to:
Vice President, Regulatory Relations
CenterPoint Energy, Inc.
1111 Louisiana Street
Houston, Texas 77002
Unless and until changed by written notice given in accordance with this section, every such
communication to the City or the City Council shall be sent to the
Mayor, City of Baytown, Texas
P. O. Box 424
Baytown, Texas 77522
and, as applicable, to the
City Manager, City of Baytown, Texas
P. O. Box 424
Baytown, Texas 77522
The mailing of such notice, direction, or order shall be equivalent to direct personal notice and
shall be deemed to have been given the earlier of receipt or two business days after it was
mailed.
Section 28: The rights and remedies provided herein are cumulative and not exclusive of
any remedies provided by law, and nothing contained in this Franchise shall impair any of the
rights of the City or the Company under applicable law, subject in each case to the terms and
conditions of this Franchise.
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T DUCE RAND Pby the affimliative ��6te of tile City Council of the
City of Batoxvii, this th'e 24'h day ofA-ugust, 2006. // "
APPROVEJ) ASTO FOR.N,1:
CIO RAMIREZ, SR., C to Attorney
I
INTRODUCED, READ AND PASSED by, the
City of Baytown, this the 14 h of Septernber, 2006.
APPROVED ASTO FORM:
ACIO RANMIREZ,,� City Attoi,
iT-bONCARLOS, Mayor
to of the City COL11161 of the
DONC,ARLOS, Mayor
fNTRODUCED, READ, AND PASSED by the affirmalive,kote, of tile city Council of tile
City of Baytown, this the 28'u' clay (if September, 2006.
APPROVED AS, TO FORM:
Vj ACIO IZYCMIRE C Attorney
STE,PHEN H, DONCARLOS, Mayor
K Kw,n'Y� I es",Ci I Y Coulwd CMImw— ,r 24S,IIk'mva fFr'ml'lm' UT'fimmc , h'g'MqhlcJ [i I I W' Tl 45 VwSkmdinPa,:k IT I NA 0,S'24N, D(JC
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