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Ordinance 1985-72 ORDINANCE NO. &>3'-7;&' AN ORDINANCE GRANTING TO FARMERS ELECTRIC COOPERATIVE, INC., A FRANCHISE TO CONSTRUCT, MAINTAIN AND OPERATE AN ELECTRIC LIGHT, HEAT AND POWER BUSINESS AND SYSTEM IN THE CITY OF WYLIE, TEXAS AND PRESCRIBING THE TERMS, CONDITIONS AND OBLIGATIONS AND LIMITATIONS UPON AND UNDER WHICH SUCH FRANCHISE SHALL BE EXERCISED; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR SEVERABILITY CLAUSE; AND PROVIDE FOR PUBLICATION NOTICES. WHEREAS, Farmers Electric Cooperative, Inc., hereinafter referred to as the "Company" is now and has been engaged in the electric light, heat and power business in the State of Texas and in furtherance thereof has erected and maintained certain items of it's distribution system in the City of Wylie, Texas, hereinafter referred to as the "City", for many years pursuant to such rights as has been granted it by and under the laws of the State of Texas, City of Wylie or any other governmental authority which may have the right to regulate the Company; and WHEREAS, it is to the mutual advantage of both the City and the Company that an agreement should be entered into between the Company and the City establishing the conditions under which the Company shall operate in the City of Wylie; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. There is hereby granted to Farmers Electric Cooperative, Inc. a corporation, its successors and assigns, the right and privilege and franchise to construct, maintain, and operate an electric light, heat and power business and system in the City of Wylie and for that purpose to have, acquire, place, remove, construct, reconstruct, extend, maintain, and operate along, across, on, over, through, above, and under the present and future streets, alleys, parkways, and other public grounds and places within the present limits of the City and within said limits as the same from time to time may be extended, a system of poles, wires, anchors, cables, manholes, conduits, and other facilities and equipment used in or incident to the giving of electric service in the City within its present limits or as such limits may be extended, for the considerations and subject to the conditions, terms, duties, obligations, limitations, and regulations herein prescribed, and all statutes, charter provisions, ordinances, rules and regulations applicable to the Company and its operations. SECTION 2. conduits, The and poles, other wires, anchors, cables, manholes, facilities, construction, and 1 appurtenances now used in or incident to the giving of electric service and other maintenance of the electric service and system by the Company in the City shall remain as now constructed, subject to such reasonable changes as may be considered necessary or desireable by the City or other applicable regulatory authority and subject to such changes as under the limitations and conditions herein prescribed and all applicable statutes, charter provisions, ordinances, rules and regulations may be considered necessary by the Company in the exercise of its business of furnishing electric service. All extensions, replacements, construction, or reconstruction of any such equipment or facilities undertaken by the Company, and the location, relocation, routing, and re-routing of all poles, wires, anchors, cables, manholes, conduits, and other facilities hereafter constructed or reconstructed within the limits of the City of Wylie by the Company, either overhead or underground, shall be subject to reasonable control, regulation, and that direction of the City, or any City official designated by the City Council for that purpose. All poles used in the electric light, heat and power system shall be of sound material and reasonably straight and shall be so set that they will not interfere with the flow of water in any gutter or drain and so that the same will interfere as little as practicable with the ordinary travel on alleys, streets, or sidewalks. SECTION 3. The surface of any street, alley, highway, or public place disturbed by the Company in the building, constructing, renewing, or maintaining of its electric plant and system shall be restored within a reasonable time after the completion of the work to as good a condition as before the commencement of the work, and maintain to the satisfaction of the City or of the City official designated as provided in Section 2 hereof for one (1) year from the date the surface of said street alley, highway, or public place is broken for such construction or maintenance work, after which time such maintenance shall become the responsibility of the City. No street, highway, or public place shall be encumbered for a longer period than shall be necessary to execute the work. The City may, from time to time, adopt reasonable ordinances regulating such work including, but not limited to, the times and extent of any such encumbrance. SECTION 4. The City shall at all times have the right and power to require fair and reasonable extension and type of service to customers, taking into consideration the circumstances, conditions, and cost involved. the City may, by ordinance, adopt policies regulating such extension and service, subject, however, to any regulations of the State of Texas or United States which may supersede same. 2 SECTION 5. In the conduct of its business and in the construction, reconstruction, or location or relocation of any lines or equipment as herein provided (also see Section 11), the Company shall comply with all reasonable regulations and requirements of the City or other applicable regulatory authority and upon default by the Company to comply with any specific regulation or requirement the City, after reasonable notice to the Company and opportunity to be heard, may proceed to perform or carry out such regulation or requirement, and the expense thereof shall be borne by the Company. SECTION 6. The Company shall protect and hold the City harmless against all claims for damages to any person or property by reason of the construction and maintenance of the Company's system and facilities or in any way 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 the Company; and the Company shall refund to the City all sums which may arise or grow out of the exercise of the rights and privileges hereby granted or the abuse thereof, and the Company shall indemnify and hold the City harmless from and on account of all damages, costs, expenses and causes of action that may accrue to or be brought by any person or corporation at any time hereafter by reason of the exercise of the rights and privileges hereby granted and proximately caused by the Company. SECTION 7. The Company shall maintain all of its equipment and facilities in reasonable operating condition at all normal times during the continuance of this franchise. An exception to this condition is automatically in effect when service furnished by the Company is interrupted, impaired, or prevented by fires, strikes, riots, or other occurrences beyond the control of the Company, or by storms, floods, or other casulaties, in any of which events the Company shall do all things reasonably within its power to do to restore normal service. SECTION 8. The company on the request of any person shall remove or raise or lower its wires temporarily to permit the moving of 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 the Company may require such payment in advance. The Company shall be given reasonable notice not less than seventy-two (72) hours advance notice to arrange for such temporary wire changes. 3 SECTION 9. The right, license, privilege and permission is hereby granted to the Company, its successors and assigns, to trim trees upon and overhanging the streets, alleys, sidewalks and public places of the City, so as to prevent the branches of such trees from coming in contact with the wires or cables of the Company, and when so ordered by the City, said trimming shall be done under the supervision and direction of the City or the City official designated uder the provisions of Section 2 hereof. SECTION 10. To indemnify the City for the use of its streets, alleys, and public ground authorized hereby and to compensate the City for its superintendence of this franchise and the performance of the City's regulatory functions, which such regulation the City shall exercise and to which the Company shall be subject, to the extent authorized by law, and as the cash consideration for the same, the Company agrees to pay to the City annually, beginning on January 1, 1986, and during the continuance of this franchise a sum of money equal to three percent (3%) of the annual gross receipts for the preceding year received by the Company from the rendition of all electric, heat and power service revenues, but not limited to all sales of electric energy and power, interest income, income from miscellaneous physical property, connections, moves, changes, directory advertising and sales and all other operating revenues within the corporate limits of the City. Payment shall be made as follows: A. On or before March 15, 1987, the Company shall pay to the City a sum of money equal in the amount to three percent (3%) of the gross receipts received by the Company from the rendition as described herein from all local electric, heat, power, and other revenues within the corporate limits of the City from January 1, 1986 to and including December 31, 1986. B. Payments based on the gross receipts for each of the years subsequent to calendar year 1986 shall be made on or before March 15 of the succeeding year. C. For the calendar year 1985, the sum of three percent (3%) of gross revenues to be paid will be pro-rated, based on the period of time the franchise is in effect. D. The City agrees that the consideration set forth in the preceding paragraphs hereof shall be paid and received in lieu of any tax, license, charge, fee, street or alley rental or any other character of charge for use and occupancy of the streets, 4 alleys and public places in the City, in lieu of any pole tax or inspection fee tax and in lieu of any easement or franchise tax, whether levied as an ad valorem, special, or other character of tax. However, said consideration (1) shall not be in lieu of any imposition expressly provided for herein, (2) shall not be in lieu of the usual general or special ad valorem taxes now or hereafter levied, and (3) shall not be in lieu of any other obligation to make payments or reimbursements to the City as provided or required by applicable law. SECTION 11. If reasonably ordered by the City in connection with the widening or relocation of any street or alley, or other public improvement, the Company shall, upon thirty (30) days notice from the City, relocate any poles, conduits, wires and other structures and appurtenances or any extention thereof located within the present and future streets, alleys and public places as directed by the City without cost to the City of Wylie, Texas but at the expense of the Company. Company shall give the City ninety (90) days notice in advance of construction of any transmission line within the City. SECTION 12. Company shall use reasonable diligence to supply electric utility service to said City and its inhabitants. The service shall be subject to such rules, regulations and service standards as may be approved by the City of Wylie, Texas. The Company may require reasonable security for the payment of its bills. SECTION 13. This franchise shall be in force and effect for a full term and period of ten (10) years from and after its effective date hereinafter provided, unless sooner terminated by reason of default of the Company, but the City shall have the right to cancel this franchise and forfeit all rights thereunder after default in the performance by the Company of any reasonable regulations provided for herein has been judicially ascertained. This franchise shall be subject to a renewal option by joint agreement with Company and City therein for a period of five (5) years. SECTION 14. This franchise is granted subject to the provisions of Section 2, Article X, of the Charter of the City of Wylie, Texas. Nothing contained in this franchise shall limit or interfere with any power conferred upon the Public Utility Commission of Texas. SECTION 15. In compliance with the provisions of the Charter of the City of Wylie, this Ordinance, upon being introduced at a regular meeting of the City Council shall be read at two (2) separate regular meetings of the City Council, and shall not be finally acted upon until thirty 5 (30) days after the first reading; and this Ordinance shall take effect thirty (30) days after its final passage, as made and provided by the Charter of the City of Wylie, Texas and after its acceptance in writing by the Company, which acceptance must be filed with the City Secretary of the City of Wylie within thirty (30) days after the final passage of this Ordinance. SECTION 16. The City Secretary is hereby authorized and directed to make appropriate endorsements over her official hand and the seal of the City of Wylie and attach for recording at the conclusion of this Ordinance showing the dates upon which this Ordinance shall have been read and the date of final passage of this Ordinance; and the date upon which this Ordinance shall take effect. SECTION 17 - SEVERABILITY: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and if any phrase, clause, sentence or section of this ordinance shall be declared unconstitutional or invalid by any judgement or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any other remaining phrase, clause, sentence paragraph or section of this ordinance; and the City Council hereby declares it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional. SECTION 18 - PUBLICATION: A caption and summary of this ordinance shall be published in accordance with Article X, Section 3 of the City of Wylie Charter as well as provide for the effective date being thirty (30) days after final adoption by the City Council. SECTION 19 - EFFECTIVE DATE: In accordance with the Charter of the City of Wylie, this Ordinance shall become effective on December 13, 1985. PASSED AND APPROVED THIS THE IJI/; DA Y OF iJi)zliff/j~ 1985. ATTEST: l"layor APPROVED: CITY ATTORNEY {~ ~/l~ CITY S- , ETAp 6 THE WYLIE NEWS P. O. lOX 1M WYLIE, TIXM ~ STATE OF TEXAS ~ COUNTY OF COLLIN ~ Before me, the undersigned authority, on this day personally appeared Scott Dorsey, of the Wylie News, a newspaper regularly published in Collin County, Texas and having general circulation in Collin County, Texas who being by me duly sworn deposed and says that the forgoing attached Legal Notice O~rlin8n~p. No. 85-72 was published in said newspaper on the following dates to wit: Dp.cp.mhp.~ 4 ,19a5 and 19a5. )i'~1/I ()~ Subscribed and sworn to day of ~~t= and seal f office. before me this the ,198~ to certify which witness my hand 9'P /) Jtt1;::d- ~AR~ARE COOK Notary Public in and for the State of Texas ~/ My Commission Expires 9- !,-~-t9 BerN, W~e Wylie SiftC61947 egal Notice ORDINANCE NO. 85-72 AN ORDINANCE GRAN- TING TO FARMERS ELECTRIC COOPERATIVE, INC., A FRANCHISE TO CON- STRUCT, MAINTAIN AND OPERATE AN ELECTRIC LIGHT, HEAT AND POWER BUSINESS AND SYSTEM IN THE CITY OF WYLIE, TEXAS AND PRESCRIBING THE TERMS, CONDITIONS AND OBLIGATIONS AND LIMITATIONS UPON AND UNDER WHICH SUCH FRANCHISE SHALL BE EXERCISED: PROVIDING FOR AN EF- FECTIVE DATE: AND PROVIDING FOR SEVERABILITY CLAUSE: AND PROVIDE FOR PUBLICATION NOTICES. Legal Notice SECTION 18 - PUBLICA- TION: A caption and sum- mary of this ordinance shall be published in accordance with Article X, Section 3 of the City of Wylie Charter as well as provide for the effec- tive date being thirty (30) days after final adoption by the City Council. SECTION 19 - EFFECTIVE DATE: In accordance with the Charter of the City of Wylie, this Ordinance become effective December 13, 1985. PASSED AND APPROVED THIS THE 12th DAY OF November 1985. John W. Akin. , Mayor ATTEST: Carolyn Jones CITY SECRETARY 25-1 t-c. WHEREAS, Farmers Elec- tric Cooperative, Inc., hereinafter referred to as the "Company" is now and has been engaged in the electri ight, heat and powe usiness in the State of Texa nd in furtherance thereo as erected and maintained ertain items of it's distribu- 'on system in the City of ylie, Texas, hereinafter ferred to as the "City", for any years pursuant to such ghts as has been granted it y and under the laws of the tate of Texas, City of Wylie r any other governmental uthority which may have he right to regulate the Com- any; and WHEREAS, it is to the mutual advantage of both the City and the Company that an agreement should be entered into between the Company and the City establishing the conditions nder which the Compan hall operate in the City Wvlip' now t.hprpforp. All the women in this world put together weigh. by one estimate. just about 85 percent as much as all the men. Register To Win Two Bicylces To Be Given Away December 21st Drawing at 5:00 p.m. Entry Blanks At All Downtown Merchants