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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. -1- 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 B r