ORD 1985-09ORDINANCE 0 85-9
AN ORDINANCE GRANTING TO TEXAS POWER & LIGHT COMPANY, A
DIVISION OF TEXAS UTILITIES ELECTRIC COMPANY, ITS SUCCESSORS
AND ASSIGNS, AN ELECTRIC LIGHT, HEAT AND POWER FRANCHISE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TROPHY CLUB, TEXAS:
Section 1: That there is hereby granted toT ls Power & Light
y
Com an , its successors and assigns (herein call A e/"Grantee"), the
right, privilege and franchise until June 1, 2035y ' construct, maintain
P
and operate in the present and future streets, alles and public places
of the City of Trophy Club, Texas, and its successors, electric light
and power lines, with all necessary or desirable appurtenances (including
underground conduits, poles, wires, transmission lines and other
structures and telephone wires for its own use), for the purpose of
supplying electricity to the said City, the inhabitants thereof, and
persons and corporations beyond the limits thereof, for light, heat,
power and other purposes.
Section 2: Poles, structures and other appurtenances shall be so
erected and maintained as not to interfere unreasonably with traffic
over streets and alleys. The location of all poles, conduits and other
structures may be reviewed by the street and alley committee of the
City of Trophy Club, or the successors to the duties of that committee,
but not so as to interfere unreasonably with the proper operation of
said lines.
Section 3: The service furnished hereunder to said City and its
inhabitants shall be first class in all respects considering all circum-
stances, and shall be subject to such reasonable rules and regulations
as the Grantee may make from time to time. The Grantee may require
reasonable security for the payment of its bills.
Section 4: The Grantee shall hold the City harmless from all
expense or liability for any act or neglect of the Grantee hereunder.
Section 5: That on acceptance of this franchise by Texas Power &
Light Company, a division of Texas Utilities Electric Company, it shall
pay to the City of Trophy Club, the sum of fifty-five thousand, eight
hundred and seventeen dollars and thirty-four cents ($55,817.34), as
street rental, for twelve (12) months succeeding June 1, 1985, and on
June 1, and annually thereafter on June 1 of each succeeding year for
the life of this franchise, Texas Power & Light Company, a division of
Texas Utilities Electric Company, its successors and assigns, shall pay
to the City of Trophy Club a sum equal to three per cent (30) of its
gross revenue received from the sale of electric power and energy by
said Company within the corporate limits of said City for the preceding
twelve months ending December 31, in full payment for the privilege
of using and occupying the streets, highways, easements, alleys, parks
and other public places in the City of Trophy Club, whether as rental,
supervision and inspection charges or otherwise for twelve months
succeeding June 1 of year in which payment is made. This payment shall
be in lieu of any other tax or increased rate of tax or other imposition,
assessment, or charge, except ad valorem taxes and charges permitted by
the Public Utility Regulatory Act (Art. 1446c, V.A.T.S.).
Section 6: The Grantee shall file its written acceptance of this
franchise within sixty (60) days after its passage and approval.
Section 7: This franchise is not exclusive, and nothing herein
contained shall be construed so as to prevent the City from granting
other like or similar rights and privileges to any other person, firm
or corporation.
PASSED AND APPROVED this 27th day of M , 19 85
/Mayor
AT'PEPA.7.
'-City Secretary
J
V CITY SEAL