HomeMy WebLinkAboutOrdinance No. 494 CITY OF THE COLONY, TEXAS
O INANCENO.
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS
GRANTING TO DENTON COUNTY ELECTRIC COOPERATIVE ITS
SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE AND
FRANCHISE TO USE THE STREETS, ALLEYS AND PUBLIC
WAYS OF THE CITY OF THE COLONY, DENTON COUNTY,
TEXAS, FOR THE PURPOSE OF TRANSMITTING, SUPPLYING,
DISTRIBUTING AND/OR SELLING ELECTRICITY FOR LIGHT,
HEAT, POWER AND OTHER USES, PROVIDING FOR
COMPENSATION THEREFOR, SPECIFYING AN EFFECTIVE
DATE AND TERM, AND FINDING THAT THE MEETING AT
WHICH THIS ORDINANCE IS PASSED WAS OPEN TO THE
PUBLIC.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS:
Section 1. The word Grantee herein shall denote Denton
County Electric Cooperative, a Texas corporation, its successors
and assigns; and the word Grantor herein shall denote the City of
The Colony, Texas, an incorporated municipality, its successors
and assigns.
Section 2. Grantor hereby grants unto Grantee the right
privilege and franchise to construct, maintain and operate, use,
extend, remove, replace and repair in the present and future
streets, alleys and public right-of-ways of the City of The
Colony, Texas, electric light and power lines, with all necessary
or desirable appurtenances (including overhead lines, underground
conduits, poles, towers, wires, transmission lines and other
structures and telephone wires for its own use) for the purpose
of transmitting, supplying, distributing, and/or selling
electricity for light, heat, power and/or other uses to the City
of The Colony, Texas the inhabitants thereof, and persons, firms
and corporations beyond the limits thereof.
Section 3. Poles, towers, lines and other structures
shall be erected and maintained in such a manner as to no
unreasonably interfere with traffic over streets and alleys and
the location such poles, towers, lines and other structures shall
be subject to such regulation by the City of The Colony, Texas as
may be necessary for the protection of the general public, which
regulations may be passed and amended from time to time.
Section 4. Prior to new construction of electric
distribution and transmission facilities, Grantee shall notify
Grantor in writing, at least fifteen (15) days before
construction is to commence, of its intent to construct said
facilities and describe the location and type of facilities to be
constructed.
Section 5. Grantee shall hold Grantor harmless from all
expense or liability for any act or neglect of Grantee hereunder.
Section 6. Nothing herein contained shall either be held
or construed as conferring upon Grantee an exclusive right,
privilege or franchise of any nature whatsoever.
Section 7. In consideration of the grant of said right,
privilege or franchise by Grantor, and as full payment therefor,
and in lieu of any and all occupation taxes, franchise taxes or
other taxes, impositions assessments, rentals, charges, levies
and/or fees, except the general and usual ad valorem taxes which
Grantor is authorized to levy and impose upon real and personal
property, Grantee shall pay to Grantor annually on or before
September 1st of each year during the term hereof, beginning
September 1, 1987, an amount equivalent to two percent (2%) of
the gross revenues received by Grantee during the preceding
calendar year from the retail sales of electric energy within the
corporate limits of the City of The Colony, Texas. On or before
the 1st of September, of each said year, Grantee shall file a
report with Grantor reflecting its said gross revenues and the
payment made hereunder shall be based upon said report.
Section 8. The right, privilege and franchise.granted
hereunder shall become effective upon the date that this
Ordinance is passed and approved and shall be reviewed on a five
(5) year basis beginning July 15, 1992.
Section 9. Nothing in this Ordinance shall be construed
as limiting the power and authority of Grantor as a regulatory
authority under the Public Utility Regulatory Act. (Article
1446c, V.A.T.S.)
Section 10. It is hereby officially found that the
meeting at which this Ordinance is passed was open to the public
and that due notice of this meeting was posted, all as required
by law.
PASSED AND APPROVED at a regular meeting of the City Council
of the City of The Colony, Texas, a quorum being present, in
accordance with the laws of the State of Texas, this the /~
day of ~j~_~3~ , 19 ~7
Don AmicE, ~y~r .... --
~ ~.~i~s, City Secretary
Denton County Electric Cooperative