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HomeMy WebLinkAboutOrdinance No. 05AN ORDINANCE 'RANTING TO TEXAS POWER & ;HT COMPANY, ITS SUCCESSORS AND ASSIUNS, AN ELECTRIC LIGHT, HEAT AND POWER FRANCHISE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1: That there is hereby granted to Texas Power & Light Company, its successors and assigns (herein called the "Grantee"), the right, privilege and franchise until June to construct, maintain and operate in the present and future s reets, alleys, and public places of the City of The Colony, Texas, and its successors, electric light and power lines, with all necessary or desirable appur- tenances (including underground conduits, poles, wire, 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 struc- tures shall be fixed under the supervision of the street and alley com- mittee of the City of The Colony, 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 rea- sonable security for the payment of its bills. Section 4: The Grantee shall hold the City harmless from all ex- pense or liability for any act or neglect of the Grantee hereunder. Section 5: That on acceptance of this franchise by Texas Power & Light Company, it shall pay to the City of The Colony, the sum of $20,625.00, as street rental for twelve (12) months succeeding June 1, 1977, and on June 1, 1978, and annually thereafter on June 1 of each succeeding year for the life of this franchise, Texas Power & Light Company, its successors and assigns, shall pay to the City of The Colony a sum equal to three per cent (3%) of its gross revenue received from the sale of electric energy by said Company from its residential, commercial, industrial, governmental and municipal business conducted within the corporate limits of said City for the preceding twelve months ending March 1 in full payment for the privilege of using and occupying the streets, highways, easements, alleys, parks, and other public places in the City of The Colony, 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 charges, except ad valorem taxes. 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 con- tained shall be construed so as to prevent the City from granting other like or similar rights and privileges to any other per on, firm or corporation. PASSED AND APPROVED this 16th day of May , , '19 77 / 1 Mayor ATP T ST: City Secr tary