HomeMy WebLinkAboutOrd 46 Granting a Franchise Agreement with Tri County ElectricORDINANCE NO. 46
AN ORDINANCE WHEREBY THE CITY OF WESTLAKE, TEXAS AND
THE TRI-COUNTY ELECTRIC COOPERATIVE, INC. AGREE THAT THE
TRI-COUNTY ELECTRIC COOPERATIVE SHALL CONTINUE TO ERECT AND MAINTAIN
ITS ELETRIC LIGHT AND POWER LINES WITH ALL NECESSARY OR
DESIRABLE APPURTENCES (INCLUDING UNDERGROUND CONDUITS, POLES,
TOWERS, WIRES, AND TRANSSMISSION LINES) AND THE CITY GRANTS ITS
CONSENT FOR THE USE OF ITS PRESENT AND FUTURE STREETS, ALLEYS,
HIGHWAYS, AND PUBLIC GROUNDS IN SAID CITY, UNDER REGULATIONS
AND RESTRICTIONS AS STATED THEREIN AND THAT THE CITY OF WESTLAKE
SHALL RECEIVE AN ANNUAL PAYMENT FOR SAME, ALL AS THEREIN PROVIDED.
Section 1 That the City of , herein called "City" its
its Consent to the use of Its present and future streets. alloys, highways &ad
blit grounds by the Tri-County l tcv , its succes&org
assigns. herein called "C :Mver constructing, main-
taining., r in the present and futurestreets, alloys. and public places
Of the City of Westlake. Twma, and it successor*. electric light and power line$
with i necessary or desirable appurtenances (Including r conduits,
x r , and transmission "os, and telephone d telegraph Bros
for Its _ ) for the purpose of supplying electricity to the said City, `
inhabitants thereof and personscorporations yo limits thereofa for
light, beat. power, and other purposes; consent beinggranted for a tI
Of tweet (20) Years from t + Is adopted and approve > "
i.fSection Z. Polo* & t
unreasonably ,to
interfere with traffic over streets
Section . Cooperstive's property and operations in the City
subject to such regulations y the Cityas may nably x ty
pro-
tection the general public.
Section 4. Cooperative *hall hold the City harmless froiage Of "
liability for f. y actor neglect of.the Cooperative hereunder.
Section 5. In coulsidermion of the grant Of MLI4 privilegechis
y the City &nd us full paymentlorriOccupying the
streets. alloys, highways, easernonts,parka and other publici the
City, and in lieu of any and all occupation taxes, easemeet s, and franchise
taxes (whether levied as an ad vsIcor ern, special or other character of tax), and
in lieu of license or Inspection fees or charges, street taxes, street or alley
rental* and of all other taxes, charges, levies, fees, and rentals of whatsoever
kind and character which the City may impose or hereafter be authorized or
empowered by law to levy or collect, excepting only the usual -amara l or special
ad valorem taxes which the City is authorized to levy or impose upon real and
personal property, the Cooperative (Tri-County Electric Cooperative, Inc. and
it assigns) whall Pay to the City of Westlake, Texas, annually and on or before
""'r
ch h year during the term hereof, beginning
unt equivalent to two per cant (21%) of
roe rec e&�Is t
of � ative. its successors and assig"'
durn' s
h geiv by
th Co or
t C th e s revenue ing pree eding yea from :aeso relectricity within the corporate limits
Of said City, exclusive of sales to federal, state and municipal customers and
exclusive of sales to industrial and other customers excluded from' taxation
under the provisions of One regulations of the Treasury Department of the
United States, Article 40, Regulation 4Z as arneaded by TD 4393, September 20,
1933, TD 4570, July 24, 1935, and TD 4751, July Zl, 1937, irrespective of
whether or not said regulations and decisions have been or shall be repealed,
amended, or changed. On or before the March 31st of each year a
report &hall be filed with the City byer the—C-0-0 &tive sho�
pwing its gross revenues
as aforesaid for the preceding year, and the pay-1-nent made hereunder be based
upon said report.
Section 6. Nothing herein contained shall ever be hold or construed to
confer upon the Cooperative exclusive rights or privileges of any nature what-
soever. This franchise is granted by the Cit Of Westlake, Texas to Tri-County
Electric Cooperative, Inc. for the purpose'of allowing Tri-County Electric
Cooperative, Inc. to continue providing electric service to its members in the
areas annexed or to be annexed by the City of Wegtlake, Texas in which the
Cooperative was serving prior to such annexation; and to provide electric @or-
vice to any now member desiring electric service in such are&&.
Section 7. This Ordinance $hall be Cumulative and in addition to the other
permits and franchises granted and ordinances owned, hold or claimed by the
Cooperative provided, however, that all ordinances or parts of ordinances
that conflict herewith are hereby repealed.
section 8. Tlxis ore shall become SHOctive as of this date.
ADOPTED PTED NE, '-PP=0'V' 's:.) aiis the 25th � of January
x1l", d
Mayer of the ity of 'Aestlake,
7
City Secretary
STATETHE ` TEXAS
COUNTY OF DENTON
1, A. L. ODOM Secretary of the City of
NVestlake. Texas hereby certify that the foregoing is a true and correct copy
of Ordinance No. 46 hereby the City of Westlake, Texas, and the Tri-
County
r -
C ty Electric Cooperative, Inc. agree that the Tri-County Electric Cooper.
ative, Inc. shall continue to erect and maintain its electric light and power
nes with all necessary or desirable u.rt c (including r ro d
conduits, poles, towers, wires and transmission est and the City grants its
consent for the use of its present and future tr , alleys. highways, and
groundspublic in said City, under regulations and restrictions
thereint the City of Westlake, Texas, shall receive payment for same,
all as therein provided.
WITNESS 'Y HAND AND SEAL, this the 25th day of January
1 96U 71.
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