Ord 145-95 12/19/1995ORDINANCE NO. I � ��--)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, GRANTING TEXAS UTILITIES ELECTRIC COMPANY
AN ELECTRIC LIGHT, HEAT AND POWER FRANCHISE FOR THE
PURPOSE OF CONSTRUCTING, ERECTING AND MAINTAINING ITS
POLES, TOWERS, WIRES, ANCHORS, CABLES, MANHOLES,
CONDUITS AND OTHER STRUCTURES AND APPURTENANCES ALONG,
ACROSS, ON, OVER, THROUGH, ABOVE AND UNDER ALL PUBLIC
STREETS, ALLEYS, PUBLIC GROUNDS AND PLACES IN SAID
CITY; PRESCRIBING THE CONSIDERATION THEREFOR; PROVIDING
FOR RIGHT TO USE CERTAIN FACILITIES OF THE ELECTRIC
COMPANY; PRESCRIBING THE TERM AND EFFECTIVE DATE OF
SAID FRANCHISE; PROVIDING FOR THE REPEAL OF ALL
CONFLICTING ORDINANCES; PROVIDING THIS ORDINANCE BE
CUMULATIVE; PROVIDING FOR SEVERABILITY; PROVIDING FOR
GOVERNMENTAL IMMUNITY; PROVIDING FOR INJUNCTIONS;
PROVIDING FOR PUBLICATION; PROVIDING AN EFFECTIVE DATE;
AND FINDING AND DETERMINING THAT THE MEETING AT WHICH
THIS ORDINANCE WAS DISCUSSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW.
WHEREAS, Texas Utilities Electric Company, a Texas
corporation, hereinafter referred to as either the "Electric
Company" or "Grantee," is now and has been engaged in the
business of furnishing electricity in the State of Texas and in
furtherance thereof has erected and maintained certain items of
its electric power utility system in the City of Wichita Falls,
Texas, hereinafter referred to as the "City," pursuant to such
rights as have been granted it by and under said laws of the
State of Texas, and subject to the exercise of such reasonable
rights of regulation under the police power as have been also
lawfully granted by and under said laws to said City; and,
WHEREAS, it is to the mutual advantage of both the City and
the Electric Company that a franchise should be granted the
Electric Company by the City establishing the conditions under
which the Electric Company shall operate in the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WICHITA FALLS, TEXAS, THAT:
SECTION l.a General
There is hereby granted to the Electric Company the right,
privilege and franchise to maintain and operate an electric power
utility system, which includes but is not limited to electric
light, heat, power, and energy facilities and a generation,
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transmission and distribution system with such extensions thereof
and additions thereto as shall hereafter be made, within the
corporate limits of the City, and in connection therewith to
construct, extend, maintain, use and operate in, along, under,
on, over, through, above and across the present and future public
streets, rights -of -way, alleys, sidewalks, bikeways, easements,
and other public grounds and public places of the City, during
the term hereof, its lines, poles, towers, wires, anchors,
cables, manholes, conduit, and other structures and appurtenances
in connection with such electric power utility system.
SECTION l.b Definitions
The terms and phrases used herein and not otherwise defined
shall have the meanings and usage generally accepted.
SECTION 2. Construction Work - Regulation by City
a. Work done in connection with the construction,
reconstruction, maintenance, or repair of the utility system
shall be subject to and governed by all valid and enforceable
laws, rules, and regulations of the City and the State of Texas.
The governing body of the City may require Grantee from time to
time to place certain facilities underground. If the governing
body of the City so requires, adequate provision shall be made to
compensate Grantee for the increased costs involved.
b. In accordance with direction given by the authority of
the governing body under the police and regulatory powers of the
City, the placement of poles and excavations and other
construction in the streets, alleys, and other public rights -of-
way shall interfere as little as practicable with the use of the
streets, sidewalks, and alleys.
SECTION 3. Construction and Maintenance: Excavation
a. The construction, maintenance, and operation of
Grantee's electric power utility system and property of Grantee
subject to this franchise shall be subject to lawful police
regulations of the governing body of the City. The City shall
have power at any time to order and require Grantee to remove and
abate any pole, wire, cable, or other structure that is dangerous
to life or property, and in case Grantee, after notice, fails or
refuses to act within a reasonable time, the City shall have the
power to remove or abate the same at the expense of the Grantee.
Grantee shall promptly restore to as good condition as before
working thereon, and to the reasonable satisfaction of the City,
all streets, alleys, and public rights -of -way excavated by it.
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b. Except in an emergency, the Grantee shall comply with
applicable City ordinances and rules pertaining to notification
when excavating pavement in any alley, street, or paved pubic
right -of -way. The City shall be notified as soon as practicable
regarding work performed under emergency conditions and Grantee
shall comply with the City's reasonable requirements for
restoration of the excavated area.
SECTION 4. Joint Use of Poles, Trenches, and Conduits
a. The Grantee may be required to attach its wires to
poles owned and maintained by another public utility, or to
permit the wires of another public utility (other than another
electric utility) to be attached to the poles owned and
maintained by the Grantee, upon reasonable terms and for just
compensation. The Grantee may require such other public utility
to furnish evidence of adequate insurance and provide indemnity
covering the Grantee and adequate bonds covering the performance
of such other public utility attaching to the Grantee's poles as
a condition precedent to giving permission to such other public
utility to attach wires to Grantee's poles. Grantee's
requirement for such insurance and indemnity must be reasonable.
b. Wires shall be located on poles in compliance with
applicable safety standards. Grantee shall not be required to
attach its wires to the poles of another public utility or to
permit the wires of another public utility to be attached to
Grantee's poles if it can be satisfactorily shown that Grantee
will be subjected to increased risks of interruption of service
or liability for accidents, or if the poles, wires, and
appurtenances of such other public utility are not of the
character, design, and construction required by or are not being
maintained in accordance with modern practice, or if sufficient
clearance or space is not available on the pole.
C. Grantee may be required by the City to share trench
space for cable or ducts with another public utility (other than
another electric utility) for the placement of cables or wires
underground. Compensation to the Grantee as well as terms of
sharing trench space shall be resolved as provided in subsection
a. of this section. Also, Grantee may require insurance and
indemnification as provided in subsection a. Ducts, cables, or
wires shall be placed in trenches in compliance with applicable
safety standards and in a manner that does not interfere with
Grantee's cables or wires, as provided in subsection b.
SECTION 5. Underground Conduits and Poles - Use by City
a. If Grantee shall from time to time have spare ducts in
its underground conduits or spare pins, crossarms, or space on
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any of its poles not needed for anticipated load growth, it shall
permit the City to use one such duct in each conduit or
reasonable space on poles, or both, for the City's police and
fire alarm wires, traffic control wire or cable, fiber optic
lines connecting City facilities or other similar, appropriate
non - commercial, governmental use. If Grantee shall construct or
extend additional conduits or erect additional poles, the
governing body of the City may require the Grantee to provide one
such duct in each conduit, or reasonable space on poles, or both,
for the City's own use as aforesaid. In either event, the City
shall pay Grantee a fair rental therefor.
b. Grantee shall cooperate with the City at all times by
providing sufficient information regarding the location of
conduits and poles, including the inspection of such maps, plats,
construction documents and drawings as may exist or be created
from time to time and shall provide a copy of such documents as
may be needed by the City for specific projects. Grantee and
City shall cooperate and coordinate their efforts to make the
most efficient and economical use of facilities.
C. City shall not sell, lease or otherwise make available
its rights to use Grantee's facilities to any third party for
commercial purposes. Such rights are provided solely for the
non - commercial governmental use by the City. However, this
restriction shall not prevent the City from using the services of
a third party commercial entity to manage or operate the City's
facilities on behalf of the City, so long as no resale or other
commercial use of such facilities shall occur.
d. Grantee is not authorized to license or lease to any
person or entity the right to occupy or use the City's rights -of-
way for the conduct of any private business, unless such person
or entity obtains a franchise or other permission from the City
to use the City right -of -way.
SECTION 6.a. Conformance with Public Improvements
Whenever by reason of the widening or straightening of a
street it shall be deemed necessary by the governing body of the
City to remove, alter, change, adapt, or conform the underground
or overhead facilities of Grantee located in the public right -of-
way, such alterations or changes shall be made as soon as
practicable by Grantee when ordered in writing by the City,
without claim for reimbursement or damages against the City upon
the City's furnishing another right -of -way along said street;
provided, however, if said requirements impose a financial
hardship upon the Grantee, the Grantee shall have the right to
present alternative proposals for the City's consideration.
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SECTION 6.b. Supervision by City of Location of Poles and
Conduit
All poles, towers, stubs, guys, anchors, and other above-
ground facilities to be hereafter placed shall be set so that
they shall not unreasonably interfere with the flow of water in
any gutter or drain, and so that the same shall not unreasonably
interfere with ordinary travel on the streets and alleys, and so
that the same shall interfere as little as reasonably practical
with ordinary travel on sidewalks and bikeways, and so that they
shall not unreasonably compromise public safety at public street
intersections. The City herein reserves the right to require the
Electric Company to install future above - ground facilities as far
from the vehicular travel lanes as reasonably practical for
traffic safety and fire protection.
SECTION 7. Work by Others
a. The City reserves the right to lay, and permit to be
laid, storm, sewer, gas, water, wastewater, and other pipe lines,
cables, and conduits, and to do and permit to be done any
underground or overhead work that may be necessary or proper in,
across, along, over, or under a street, alley, highway, or public
way occupied by the Grantee. The City also reserves the right to
change in any manner any curb, sidewalk, highway, alley, public
way or street. In permitting such work to be done by an
independent contractor, the City shall not be liable to the
Grantee for any damage so occasioned, provided that nothing
herein shall relieve any other person or corporation from
responsibility for damages to the facilities of Grantee.
b. In the event the governing body of the City authorizes
someone other than the grantee to occupy space above or under the
surface of a street, alley, highway, or public way, such grant
shall be subject to the rights herein granted or heretofore
obtained by the Grantee. In the event the governing body of the
City shall close or abandon any street, alley, highway, or public
way which contains existing facilities of the Grantee, any
conveyance of land within such closed or abandoned street, alley,
highway, or pubic way shall be subject to the rights herein
granted or heretofore obtained by Grantee. Provided, that the
Grantee may be ordered to vacate any land so conveyed if an
alternate route is practicable and if the Grantee is reimbursed
by the person to whom the property is conveyed for the reasonable
costs of removal and relocation of facilities.
C. If the City shall require Grantee to adapt or conform
its facilities, or in any way or manner to alter, relocate, or
change its property to enable any other corporation or person,
except the City, to use, or use with greater convenience, said
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street, alley, highway, or public way, Grantee shall not be bound
to make any such changes until such other corporation or person
shall have undertaken, with good and sufficient bond, to
reimburse the Grantee for any cost, loss, or expense which will
be caused by, or arise out of such change, alteration, or
relocation of Grantee's property; provided, however, that the
City shall never be liable for such reimbursement due to Grantee
from such other corporation or person.
SECTION B. Temporary Removal of Wires
The Electric Company, upon 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 Electric Company may
require such payment in advance. The Electric Company shall be
given not less than ten (10) days advance notice to arrange for
such temporary wire changes.
SECTION 9. Tree Trimming
The Electric Company is hereby granted the right, license,
privilege and permission to trim trees upon and overhanging the
streets, alleys, sidewalks, bikeways, easements and other public
grounds 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 Electric Company. The Electric Company shall
promptly remove all such trimmings.
SECTION 10. Cash Consideration to be Paid by the Electric
Company
a. In consideration of the grant of said right, privilege
and franchise by the City and as full payment for the right,
privilege and franchise of using and occupying the said streets,
alleys, highways and public grounds and ways, and in lieu of any
and all occupation taxes, assessments, municipal charges, fees,
easement taxes, franchise taxes, license and inspection fees or
charges, street taxes, street or alley rentals, certain
regulatory expenses under Section 2.106(a) of the Public Utility
Regulatory Act of 1995 or any similar or successor law, and all
other taxes, charges, levies, fees and rentals of whatsoever kind
and character which the City may impose or hereafter be
authorized or empowered to levy and collect, excepting only the
usual general or special ad valorem taxes which the City is
authorized to levy and impose upon real and personal property,
sales and use taxes, and special assessments for public
improvements, Electric Company shall pay to the City annually
during the term hereof, a sum equal to four (4%) percent of its
gross receipts received by Electric Company from the retail sale
of electricity within the corporate limits of the City. The
first payment hereunder shall be due and payable on or before
March 15, 1996, and shall be based upon Electric Company's said
gross receipts during the twelve -month period ending the
preceding December 31 for the rights and privileges granted
hereunder during the twelve -month period ended December 31, 1996.
Subsequent payments hereunder shall be due and payable annually
thereafter on or before March 15 of each succeeding year during
the term hereof and shall be based on Electric Company's said
gross receipts during the twelve -month period ending December 31
and shall be payment for the rights and privileges granted
hereunder for the twelve -month period ending December 31 of the
year in which the payment is made. Each such payment shall be
accompanied with a report showing the gross receipts as aforesaid
for the said preceding twelve -month period upon which the payment
is based.
b. Notwithstanding anything to the contrary in Section
10.a. hereof, if the Electric Company files general rate cases
and the City incurs cumulative expenses, otherwise reimbursable
by the Electric Company under Section 2.106(a) of the Public
Utility Regulatory Act of 1995 or a similar or successor law, in
excess of $4 Million, then, in such event, the Electric Company
shall reimburse all of the expenses incurred by the City in
connection with all general rate cases filed during the period
beginning June 1, 1993, and ending September 30, 2008, in excess
of said $4 Million. The term "general rate case" as used in this
ordinance means a rate case initiated by the Electric Company in
which it seeks to increase its rates charged to a substantial
number of its customer classes in the City and elsewhere in its
system and in which the Electric Company's overall revenues are
determined in setting such rates and includes any appeals and
judicial review of orders regarding such rate cases. City agrees
to exercise reasonable best efforts, considering the facts and
circumstances, to keep its expenses on average to under
$1,000,000 per general rate case.
C. Notwithstanding the provisions of Section 10.b. hereof,
in the event that the largest city served by Grantee incurs
cumulative expenses in connection with general rate cases filed
by the Electric Company during the period beginning June 1, 1993,
and ending September 30, 2008, in excess of $4 Million and the
Electric Company reimburses the largest city by population served
by Grantee such excess, then, in that event, the Electric Company
will reimburse the City of Wichita Falls its reasonable expenses
actually incurred that are otherwise reimbursable under Section
2.106(a) of the Public Utility Regulatory Act of 1995, Article
1446c, V.A.T.S. (the "PURA ") or a similar successor law, in an
amount calculated in accordance with the following formula:
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A = ( (B - $4,000,000) _ B) X C
where:
A = The amount reimbursable to the City of Wichita Falls
under this franchise.
B = The total amount of expenses incurred by the largest
city by population served by Grantee during the period
beginning June 1, 1993, and ending September 30, 2008,
in connection with general rate cases filed by the
Electric Company, which expenses would be reimbursable
under Section 2.106(a) of the PURA or a similar or
successor law except for the terms of the franchise of
the largest city by population served by Grantee, but
excluding all such expenses incurred in connection with
Public Utility Commission of Texas Dockets Nos. 9300
and 11735; and
C = The total amount of expenses incurred by the City of
Wichita Falls during the period beginning June 1, 1993,
and ending September 30, 2008, in connection with
general rate cases filed by the Grantee, which expenses
would be reimbursable under Section 2.106(a) of the
PURA or a similar or successor law except for the terms
of this franchise, but excluding all such expenses
incurred in connection with Public Utility Commission
of Texas Dockets Nos. 9300 and 11735.
Such reimbursement of the City by the Electric Company shall
commence after the largest city by population served by Grantee
incurs cumulative expenses in excess of $4 Million in general
rate cases and shall be made at the times and in the manner
provided in Section 2.106(a) of the Public Utility Regulatory Act
of 1995 or a similar or successor law. The provisions of Section
10.c. hereof shall apply until the City of Wichita Falls incurs
cumulative expenses in excess of $4 Million in general rate cases
and the provisions of Section 10.b. hereof shall then apply.
d. Notwithstanding the provisions of Sections b. and c.
hereof, the Electric Company will continue to reimburse the
City's ratemaking expenses, if any, in connection with the appeal
and any remand of Public Utility Commission of Texas Docket No.
9300 that are otherwise reimbursable under Section 2.106(a) of
the Public Utility Regulatory Act of 1995 or similar or successor
law, and will continue to reimburse the City's ratemaking
expenses, if any, in connection with Public Utility Commission of
Texas Docket No. 11735 that are otherwise reimbursable under
Section 2.106(a) of the Public Utility Regulatory Act of 1995 to
the extent that said ratemaking expenses are incurred through the
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entry of the last action by the Public Utility Commission of
Texas (i.e., the said Commission's order overruling the last
motion for rehearing) in said Docket No. 11735; the City hereby
agrees that any ratemaking expenses incurred in connection with
said Docket No. 11735 that the City incurs on appeal of said
order will be the City's sole responsibility and further agrees,
in the event that the City is a participant in the joint
intervention of cities managed by the Steering Committee of TU
Electric Service Area Cities intervening in Docket No. 11735,
that the City decides to continue to participate with the
Steering Committee in such appeal of said order, and the Electric
Company is required to reimburse said Steering Committee for
ratemaking expenses under Section 2.106(a) of the Public Utility
Regulatory Act of 1995 that are incurred on appeal of said order
in Docket No. 11735; to reimburse the Electric Company the City's
share of reimbursable expenses related to said appeal and owed by
the Electric Company to said Steering Committee determined by the
methodology chosen by the said Steering Committee (the City to
notify the Electric Company of the method so chosen by the
Steering Committee prior to the submission of an invoice by the
Steering Committee for the payment by the Electric Company of
said reimbursable expenses related to said appeal.)
SECTION 11. Records, Reports, and Inspections
a. The Grantee shall use the system of accounts and the
forms of books, accounts, records and memoranda prescribed by the
Public Utility Commission of Texas, or as mutually agreed to by
the city and Grantee. Should the Public Utility Commission of
Texas cease to exist, the City retains the right to require the
Grantee to maintain a system of accounts and forms of books and
accounts and memoranda prescribed either by the Federal Energy
Regulatory Commission or the National Association of Regulatory
Utility Commissioners or the successor of either of these
organizations as mutually agreed to by the City and Grantee.
b. Electric Company agrees to make available for audit by
the City, Electric Company's records reflecting amounts of its
gross receipts received by Electric Company from the retail sale
of electricity within the corporate limits of the City, the basis
for Electric Company's franchise payments to the City, and the
basis for Electric Company's franchise payments to other
municipalities. The City's right to audit Electric Company under
the provisions of Section 11 hereof shall be in addition to the
City's rights to audit Electric Company under provisions of the
Public Utility Regulatory Act of 1995 and the City Charter and
Section 11 hereof shall not be deemed to limit those additional
audit rights.
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c. The City shall retain all of the investigative powers
and other rights provided to the City by the charter and state
law.
SECTION 12. Annexations by City
This franchise shall extend to and include any and all
territory which is annexed by the City during the term of this
franchise.
SECTION 13. Service Rates
a. The governing body hereby expressly reserves the right,
power, and authority to fully regulate and fix the rates and
charges for the services of the Grantee to its customers, fully
reserving to the governing body all the rights, powers,
privileges, and immunities, subject to the duties and
responsibilities which the constitution, the laws of the state,
and the charter confer upon the City.
b. Grantee may from time to time propose changes in its
general rates by filing an application with the City Clerk for
consideration of the governing body. Within a reasonable time
consistent with law, the governing body shall afford Grantee a
fair hearing with reference to the application and shall take
such action on the application as authorized by law.
SECTION 14. Term of this Ordinance
This franchise shall commence on January 1, 1996, and shall
continue for a period of ten (10) years from and after January 1,
1996; provided that, unless written notice is given by either
party hereto to the other not less than sixty (60) days before
the expiration of this franchise agreement, it shall be
automatically renewed for an additional period of five (5) years
from such expiration date.
SECTION 15. Indemnity
Grantee shall defend, indemnify and save whole and harmless
the City and all of its officers, agents, and employees, against
any and all claims, lawsuits, judgments, settlements, costs and
expenses for personal injury (including death), property damage
or other harm for which recovery of damages is sought, suffered
by any person or persons that may be occasioned by, or arise out
of Grantee's performance of any of the terms or provisions of
this ordinance, or by any negligent or strictly liable act, or
omission by Grantee, its officers, agents, employees,
subcontractors, affiliates and subsidiaries, in the construction,
maintenance, operation, or repair or the generation, transmission
, 11
or distribution system or by the conduct of Grantee's business in
the City pursuant to this ordinance; except that the indemnity
provided for in this paragraph shall not apply to any liability
resulting from the sole negligence or fault of the City, its
officers, agents, employees or separate contractors, and in the
event of joint and concurrent negligence or fault of both the
Grantee and the City, responsibility and indemnity, if any, shall
be apportioned comparatively in accordance with the laws of the
State of Texas, without, however, waiving any governmental
immunity available to the City under Texas law and without
waiving any of the defenses of the parties under Texas law. It
is understood that it is not the intention of the parties hereto
to create liability for the benefit of third parties, but that
this agreement shall be solely for the benefit of the parties
hereto and shall not create or grant any rights, contractual or
otherwise, to any other person or entity.
SECTION 16. Franchise and Other Violation
Upon evidence received by the City Council of the City of a
violation of this franchise, City Charter provision, or ordinance
lawfully regulating Grantee in the furnishing of service
hereunder is occurring or has occurred, the City Council shall
cause an investigation to be made. If the City Council finds
that such a violation exists or has occurred, it shall take the
appropriate steps to secure compliance.
SECTION 17. No Exclusive Privileges Conferred by this
nrdinannA
This franchise is not exclusive, and nothing herein
contained shall be construed so as to prevent the City from
granting other like or similar rights and privileges to any other
person, firm, or corporation.
SECTION 18. Successors and Assigns
Except in the case of an assignment to an affiliate of Texas
Utilities Company, this franchise shall not be assigned or
transferred without the written consent of the City Council,
which consent shall not be unreasonably withheld and shall be
evidenced by an ordinance.
SECTION 19. Rules and Regulations
In order to insure uniform and reasonable application of
conditions for service and to insure availability of service to
all without discrimination, the City may exercise supervision of
Grantee's rules and regulations concerning service furnished
under this franchise in accordance with state law.
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SECTION 20. Cumulative Effect: Repealer
This ordinance shall be and is hereby declared to be
cumulative of all other ordinances of the City of Wichita Falls,
and this ordinance shall not operate to repeal or affect any of
such other ordinances except insofar as the provisions thereof
might be inconsistent or in conflict with provisions of this
ordinance, in which event such conflicting provisions, if any, in
such other ordinance or ordinances are hereby repealed.
Acceptance of this ordinance by the Electric Company shall not
affect the Electric Company's right to contest or challenge the
validity, enforceability or applicability of any such other
ordinance or of any provision of the City Charter.
SECTION 21. Severability
The City Council declares and Electric Company agrees that
the sections, paragraphs, sentences, clauses and phrases of this
ordinance are severable, and, if any section, paragraph,
sentence, clause or phrase of this ordinance shall be declared
invalid by the final and valid judgment of a court of competent
jurisdiction, such invalidity shall not affect any of the
remaining sections, paragraphs, sentences, clauses or phrases of
this ordinance, since the same would have been enacted by the
City Council without such invalid section, paragraph, sentence,
clause or phrase. The City Council further declares and Electric
Company agrees that if any of the provisions in Section 10 hereof
concerning Electric Company's reimbursement of certain ratemaking
expenses of the City are held unconstitutional, void or
unenforceable for any reason by a court of competent
jurisdiction, then in that event, the reimbursement of the city's
ratemaking expenses shall continue to be made as provided in
Section 2.106(a) of the Public Utility Regulatory Act of 1995 or
a similar or successor law, and such unconstitutionality,
voidness or unenforceability shall not affect the validity of any
other provisions of this ordinance nor the amount of the
franchise fees which Electric Company is required to pay the City
hereunder.
SECTION 22. No Personal Liability
All of the regulations provided in this ordinance are hereby
declared to be governmental and for the health safety and welfare
of the general public. Any member of the City Council or any
City official or employee charged with the enforcement of this
ordinance, acting for the City of Wichita Falls in the discharge
of his or her duties, shall not thereby render himself or herself
personally liable; and he or she is hereby relieved from all
personal liability for any damage that might accrue to persons or
property as a result of any
discharge of his or her duties.
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act required or permitted in the
SECTION 23. No Waiver of Rights
Neither party to this agreement waives its respective rights
to seek all appropriate legal and equitable remedies as allowed
by law upon violation of the terms of this agreement, including,
but not limited to, seeking injunctive relief in a court of
competent jurisdiction.
SECTION 24. Effective Date
This ordinance shall become effective from and after its
passage as provided by law, and the filing with the City Clerk
and the Electric Company's acceptance hereof.
SECTION 25. Acceptance of Franchise
The Grantee shall, within thirty (30) days from the passage
of this ordinance, file in the office of the City Clerk a written
instrument signed and acknowledged by a duly authorized officer,
in substantially the following form:
To the honorable Mayor and City Council of
the City of Wichita Falls: The Grantee,
Texas Utilities Electric Company, acting by
and through the undersigned authorized
officer, hereby accepts Ordinance No.
granting a franchise to Texas
Utilities Electric Company.
Senior Vice President
Texas Utilities Electric Company
SECTION 26. Compliance with Legal Requirements
It is hereby officially found and determined that the
meeting at which this ordinance was passed was open to the public
as required by law, and that public notice of time, place, and
purpose of said meeting was given as required.
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PASSED AND APPROVED this the �_ day of
1995.
ATTEST:
--j City Clerk
M A Y O R
ORDINANCE NO.145 -95
AN ORDINANCE OF THE
CITY COUNCIL OF THE
C I T Y OF W I C H I T A
FALLS, TEXAS, GRANT-
ING TEXAS UTILITIES
ELECTRIC COMPANY AN
ELECTRIC LIGHT, HEAT
( AND POWER FRANCHISE
\I FOR THE PURPOSE OF 1ere
CONSTRUCTING, ERECT-
ING AND MAINTAINING
ITS POLES, TOWERS,
WIRES, ANCHORS, CA-
BLES, MANHOLES, CON-
DUITS AND OTHER
STRUCTURES AND AP-
PURTENANCESALONG,
ACROSS, ON, OVER,
THROUGH, ABOVE AND
UNDER ALL PUBLIC
STREETS, ALLEYS, PUB-
LIC GROUND AND PLAC-
E S I N S A I D C I T Y;
PRESCRIBING THE CON-
SIDERATION THERE-
FOR: PROVIDING FOR
RIGHT TO USE CERTAIN
FACILITIES OF THE
ELECTRIC COMPANY;
PRESCRIBING THE
TERM AND EFFECTIVE
"DATE OF SAID FRAN-
CHISE; PROVIDING FOR
r.; SEPARABILITY; PRO -
�1 3C
VIDING FOR INJUC-
TIONS; PROVIDING FOR
PUBLICATION; PROVID.
ING AN EFFECTIVE
DATE; AND FINDING
AND DETERMINING
THAT THE MEETING A'r
°%y WHICH THIS ORDINANCE
'all WAS DISCUSSED WAS 1S
6r
/,OPEN TO THE PUBLIC AS
ij REQUIRED BYLAW `
ORDINANCENO.146.95 )
f-JORDINANCE ADDING
�r ARTICLE IV TO CHAP-
TER 17 AND AMENDING
SECTIONS 17 -57 AND 17 -62
Or THE CODE OF ORDI-
NA4CES TO`PROVI;D'.E:
RU'LE,S,. REGULATIONS
'AN�;,PI3LICIE$ FOR THE
MARKE TING "OF MATE -
RI'AL' FRO M'*t, E CITY
COMPOSTING FACILITY;
AND PROVIDING NEW
RATES FOR SOURCE -
SEPARATEDCOM-
POSTABLE ORGANICS
ORDINANCE NO. 147-95
ORDINANCE WAIVING
APPENDIX A, SUBDIVI-
SION SECTION 9 (B) (2)
(a) OF THE CODE OF OR-
DINANCES WITH RE-
SPECT TO PLACING
CURB AND GUTTER ON
THE WEST SIDE OF
HORSESHOE LAKE
ROAD, ADJACENT TO
THE EAST LINE OF LOT
2, UNIT 59, WICHITA VAL-
LEY FARMS
ORDINANCE N0148 -95
ORDINANCE MAKING AN
APPROPRIATION IN THE
GENERAL FUND FOR
ADDITIONAL GRANT
REVENUE FROM THE
TEXASDEPARTMENT
OF HEALTH AND AUTHO-
RIZING THE CITY MAN -
AGER To EXECUTE
CONTRACT ACCEPTING
SAME
ORDINANCE NO. 149 -95
ORDINANCE WAIVING
SECTIONS 31 -72 OF THE
CODE OF ORDINANCES
REGARDING AGE RE-
QUIREMENTS FOR VE-
HICLES FOR HIRE
Affidavit of Publication
THE STATE OF TEXAS
COUNTY OF WICHITA
Ad #26340
On this 2 n d day of January
1996
A.D.............
Mary E,
personally appeared before me, the undersigned authority
Newel 1 bookkeeper
for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls
Times/Record News, a newspaper published at Wichita Falls in Wichita County,
Texas, and upon being duly sworn by me, on oath states that the attached
advertisement is a true and correct copy of advertising published
in one 1 % issues thereof on the following dates:
December 30 1995
Bookkeeper for Imes Publishing Company
of Wichita Falls
Subscribed and sworn to before me this the day and year first above written:
MIII■1 MINIM
TUELECTRIC
Terry R.Griffin January 2, 1996
Sr.Vice President
TO THE MAYOR AND CITY COUNCIL
OF THE CITY OF WICHITA FALLS,TEXAS:
The undersigned hereby accepts the terms of that certain franchise passed and adopted by the City Council
of the City of Wichita Falls, Texas, by ordinance duly approved by the Mayor and attested by the City
Secretary on December 19, 1995, same being, "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF WICHITA FALLS,TEXAS,GRANTING TEXAS UTILITIES ELECTRIC COMPANY AN
ELECTRIC LIGHT, HEAT AND POWER FRANCHISE FOR THE PURPOSE OF
CONSTRUCTING,ERECTING AND MAINTAINING ITS POLES,TOWERS,WIRES,ANCHORS,
CABLES, MANHOLES, CONDUITS AND OTHER STRUCTURES AND APPURTENANCES
ALONG, ACROSS, ON, OVER, THROUGH, ABOVE AND UNDER ALL PUBLIC STREETS,
ALLEYS, PUBLIC GROUNDS AND PLACES IN SAID CITY; PRESCRIBING THE
CONSIDERATION THEREFOR;PROVIDING FOR RIGHT TO USE CERTAIN FACILITIES OF
THE ELECTRIC COMPANY; PRESCRIBING THE TERM AND EFFECTIVE DATE OF SAID
FRANCHISE; PROVIDING FOR THE REPEAL OF ALL CONFLICTING ORDINANCES;
PROVIDING THIS ORDINANCE BE CUMULATIVE; PROVIDING FOR SEVERABILITY;
PROVIDING FOR GOVERNMENTAL IMMUNITY; PROVIDING FOR INJUNCTIONS;
PROVIDING FOR PUBLICATION; PROVIDING AN EFFECTIVE DATE; AND FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS DISCUSSED WAS
OPEN TO THE PUBLIC AS REQUIRED BY LAW,"and files herewith its acceptance of such franchise
as required by the terms of such franchise ordinance.
IN TESTIMONY WHEREOF, witness the corporate signature of Texas Utilities Electric Company by its
duly authorized officer,this the 4th day of January, 1996.
TEXAS UTILITIES ELECTRIC COMPANY
)at-4/-*
Senior Vic resident
Original accep •nce of franchise,of which the foregoing is a true copy, was filed in my office on the
day of \--.1 l 'U. 4 1996, at I.n.)o'clock4 M.
(
City St retary
(CITY SEAL)
1506 Commerce Street Dallas,Texas 75201 (214)698-3650