85-15-Ordinance-Amending the Franchise Agreement with Lone Star Gas Company-07/15/1985ORDINANCE NO. 85-15
AN ORDINANCE 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 SANGER, DENTON COUNTY,
TEXAS FOR THE PURPOSE OF TRANSMITTING, SUPPLYING, DIS-
TRIBUTING AND/OR SELLING ELECTRICITY FOR LIGHT, HEAT,
POWER AND OTHER.USES, PROVIDING FOR COMPENSATION THERE-
FOR, SPECIFYING AN EFFECTIVE DATE AND TERM, REPEALING
A PRIOR ORDINANCE OF SAID CITY, 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 SANGER, 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
Sanger, 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 ways of the City of Sanger, 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 Sanger, 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 not unreasonably
interfere with traffic over streets and alleys and the location of
such poles, towers, lines and other structures shall be subject to
such regulation by the City of Sanger 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.
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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 April lst of
each year during the term hereof, beginning April 1, 1986, 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 Sanger,
Texas. On or before the lst of April of each said year, Grantee
shall file a report with Grantor showing its said gross revenues
and the payment made hereunder shall be based upon said report.
Section 8: The right, privilege and franchise granted here-
under 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, 1990.
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 Sanger, Texas a quorum being present, in accordance
with the laws of the State of TExas, this the 15th day of July , 1985.
Mayo
ATTEST:
City Sieretary
ACCEPTED:
DENTON ,OUNTY �LET, IC COOPERATIVE
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