Ord 3109 9/7/1976 M
1
ORDINANCE NO. 3109
AN ORDINANCE GRANTING A PERMIT TO J-A-C
ELECTRIC COOPERATIVE, INC. , ITS SUCCESSORS
AND ASSIGNS, TO INSTALL, OPERATE AND MAINTAIN
IN THE CITY OF WICHITA FALLS, TEXAS , AN
ELECTRIC DISTRIBUTION SYSTEM CONSISTING OF
WIRES , POLES AND OTHER APPURTENANCES TO
INDUSTRIAL, COMMERCIAL AND DOMESTIC USERS
IN THE CITY OF WICHITA FALLS, TEXAS; PROVIDING
THE RIGHT TO THE SAID J-A-C ELECTRIC CO-
OPERATIVE, INC. TO USE THE STREETS, ALLEYS
AND OTHER PUBLIC PROPERTY TO INSTALL, OPERATE,
AND MAINTAIN ITS ELECTRIC DISTRIBUTION
SYSTEM; PROVIDING THAT THIS PERMIT DOES
NOT CONFER ANY EXCLUSIVE RIGHTS; PROVIDING
THAT THIS PERMIT SHALL CONTINUE FOR A TERM
OF FORTY (40) YEARS; PROVIDING FOR PAYMENT TO
CITY OF THREE PERCENT OF GROSS REVENUES;
PROVIDING FOR THE ACCEPTANCE OF THIS PERMIT
BY GRANTEE .
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS:
SECTION 1. The City of Wichita Falls, Texas, hereinafter
called "Grantor" , does hereby grant unto J-A-C Electric
Cooperative, Inc. and its successors and assigns, hereinafter
called "Grantee" , the right, privilege and permit, as herein-
after limited, to construct, lay, maintain, operate, use, extend,
remove, replace and repair in, under, over, across, and along
any and all of the present and future streets, avenues, parkways,
squares, alleys, thoroughfares, roads, highways, sidewalks, via-
ducts, bridges, streams, public grounds, public properties, and
other public places in the City of Wichita Falls, Texas,
and any and all tracts, territories, and areas, hereafter
annexed to, or acquired by and placed within the corporate
boundaries of said municipality, a system of power lines
with all necessary or desirable appurtenances (including
underground conduits, poles, towers, wires and transmission
lines and telegraph and telephone lines for its own use)
necessary or proper for the purpose of transmitting,
distributing, supplying and selling electricity for heating,
lighting, power and for any other purpose for which electricity
may now or hereafter be used, to said municipality and
to the industrial, commercial and domestic users within
or without the corporate boundaries of said municipality;
provided, however, Grantee hereunder shall have authority only
to continue to provide electric service to those customers in
the area annexed by Wichita Falls at Lake Arrowhead, and which
customers Grantee was serving prior to such annexation; in addi-
tion to those customers, Grantee shall have authority to serve
the facilities and the area which lie within 200 feet of any
point along Grantee' s distribution line as same existed on
September 1st, 1975.
SECTION 2. Grantee' s property shall be so constructed
and maintained as not to interfere unreasonably with traffic
over the public thoroughfares of said City, and the same
shall be constructed in accordance with the lines and grades
established by the City, the electric distribution system
as not to interfere with the grading and maintenance of
streets, avenues and thoroughfares. If it should become
necessary, to provide for a public use, that any of Grantee' s
facilities be relocated, Grantor shall notify Grantee in
writing, and Grantee shall relocate such facilities at its
sole cost and expense.
SECTION 3. At any time the Grantee desires to construct
or repair its electric distribution system along, across or
in any of the streets, avenues, thoroughfares of said City,
the Grantee shall give the Grantor prior notice thereof, and all
streets, avenues, and sidewalks in any manner disturbed
by the Grantee shall be by the Grantee, at its own cost
and expense, restored to their original condition, as nearly
as practical, whether the same shall be paved, unpaved
or gravel streets, avenues, sidewalks or thoroughfares.
SECTION 4. Grantee shall hold Grantor harmless from
all expense or liability for any unlawful or negligent
act of the Grantee hereunder, its servants, agents or employees.
SECTION 5. The service furnished hereunder to said
municipality and its inhabitants shall be adequate in all
respects, considering all the circumstances, and shall
be subject to such reasonable rules and regulations as
Grantee may make from time to time. Grantee may require
reasonable security for the payment of its bills.
SECTION 6. During the term of this permit, Grantee shall
pay to Grantor annually a sum of money equal to three percent
of the gross receipts received by Grantee, its successors and
assigns, during the preceding calendar year from sales of
electricity within the corporate limits of Grantor. Said pay-
ment shall be made by Grantee and accepted by Grantor as full
payment for the privilege of using and occupying the streets,
alleys and other places within the City, and in lieu of any and
all occupation taxes, easements and franchise taxes, license
and inspection fees or charges, excepting only the usual general
or special ad valorem taxes which Grantor is authorized to levy
and impose upon real and personal property. On or before the
15th day of March of each year, a report shall be filed with
Grantor by Grantee showing its gross revenues as aforesaid for
the preceding calendar year, and the payment hereunder shall
be based upon said report and shall be paid at the time the
report is filed.
SECTION 7. Nothing herein contained shall ever be
held or considered as conferring upon Grantee, its successors
and assigns, any exclusive rights or privileges of any nature
whatsoever.
SECTION 8. This permit shall be effective thirty
(30) days after final passage and approval and shall continue
and remain in force for a period of forty (40) years thereafter,
provided that Grantee has filed with the Grantor a written
acceptance thereof within ten (10) days after the date this
permit has been adopted and approved.
SECTION 9. The property and operations of J-A-C
Electric Cooperative, Inc. shall be subject to such regulations
by the City as may be reasonably necessary for the protection
of the general public.
SECTION 10. In conformity with Section 121 of the
amended Charter of the City of Wichita Falls, Texas, this
ordinance is on the 3rd day of August, 1976, introduced and it is
directed that public hearing shall be held on the 7th day of
September, 1976, at 8: 30 A. M. in the City Council Chamber, and
the City Clerk is directed to publish this ordinance in full
in a newspaper of general circulation published in the City of
Wichita Falls, Texas, and two weeks thereafter this ordinance
may be acted upon.
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w �
This ordinance having been introduced on the 3rd
day of August, 1976, and having been published in a
newspaper of general circulation in the City of Wichita
Falls, Texas, to-wit, the Wichita Falls Record News, one
time, to-wit, on the 16th day of August, 1976, and a
public hearing having been held on the 7th day of September,
1976, and two weeks after said publication having elapsed,
this ordinance is finally passed and approved on this the
7th day of September, 1976. '4,71/9/1
7/5
/;KY O R
ATTEST:
City Clerk
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ORDINANCE NO.3109
An ordinance-Cooperative,a permit to Affidavit of Publication
J-A-r Electric Cooperative, Inc., its
successors and assigns,to install,op-
erate and maintain in the city of
Wichita Falls,Texas,an electric dis-
tribution system consisting of wires, THE STATE OF TEXAS
poles and other appurtenances to in-
dustrial, commercial and domestic COUNTY OF WICHITA
users in the City of Wichita Falls,
(I Texas;providing the right to the said
18th J-A-C Electric Cooperative, Inc. to U August
use the streets,alleys and other public
property to install,operate.and main-i On this . day of
lain its electric distribution 1
system;
providing that this permit does not i 1976
confer any exclusive rights; provid- A.D. . personally appeared before me, the undersigned authority
ing that this permit shall continue for
a term of forty(40)years; providing Katherine Parrish , bookkeeper
for payment to city of three percent of
gross revenues;providing for the ac-
ceptance of this permit by grantee.
Be it ofdtheeC by of Wichita Falls,Falls, for the Times Publishing Company of Wichita Falls, publishers of the
Texas:
SECTION 1.The City of Wichita Falls, Wichita Falls Record News, a newspaper published at Wichita Falls in
Texas,hereinafter called"Grantor",
does hereby grant unto J-A-C Electric
Cooperative, Inc. and its successors Wichita County, Texas, and upon being duly sworn by me, on oath states
and assigns, hereinafter called
"Grantee", the right, privilege and that the tttachedi advertisement is a true and correct copy of advertising
permit,as hereinafter limited,to con-
struct, lay, maintain, operate, use,
extend, remove, replace and repair published ine 1 issues thereof on the following
in,under,over,across,and along any
I and all of the present and future dates: August 16, 1976
streets,avenues,parkways,squares,
alleys, thoroughfares, roads, high-
ways, sidewalks, viaducts, bridges, • •
streams,public grounds,public prop-
erties,and other public places in the �/�
City of Wichita Falls,Texas,and any 1 CL-C :,,,1
and all tracts,territories,and areas,
hereafter annexed to,or acquired by; Bookkeeper for Times Publishing Company
and placed within the corporate boun-
daries of said municipality,a system of Wichita Falls
of power lines with all necessary or !
desirable appurtenances (including
underground conduits,poles,towers, Subscribed and sworn to before me this the day and year first above
wires and transmission lines and tele-
graph and telephone lines for its own written.
use)necessary or proper for the pur-
pose of transmitting, distributing, '
supplying and selling electricity for ._� /
heating, lighting,power and for any � e, L_-
other purpose for which`electricity • ` •
may now or hereafter be used,to said L. t;'ar;-.7 Co`''i L7. , rT, gar y Fu'o7.1.0
municipality and to the industrial, as practical,whether the same shall , -
commercial. .and domestic users be paved,unpaved or gravel streets, In G For `'_..,t.l{c. •' -
within or without the corporate boun- avenues,sidewalks or thoroughfares.
t SECTION 4.Grantee shall hold Gran-dariesofsaid municipality;provided, tor harmless from all expense or lia- '
however, Grantee hereunder shall bilityforanyunlawfulornegligentact SECTION 7.Nothing herein contained
have authority only to continue to i; shall ever be held or considered as
provide electric service to those cus- of the Grantee hereunder, its ser- conferring upon Grantee, its succes-
vents,agents or employees.
tomers in the area annexed by sors and assigns,any exclusive rights
SECTION 5. The service furnished
Wichita Falls at Lake Arrowhead,and
or privileges of any nature what-
which customers Grantee was serv-
ing hereunder to said municipality and its
SECTI.
inhabitants shall be adequate in all
prior to such annexation; in add'- respects,considering all the circums- SECTION 8.This permit shall be ef-
tion ta those customers,Grantee shall festive thirty (30) days after final
Lances, and shall be subject to such
have authority to serve the facilities passage and approval and shall con-
and the area which lie within 200 feet reasonable rules and regulations e, tinue and remain in force for a period
of any point along Grantee's distribu- Grantee may make from time to time. 1 of forty (40) years thereafter, pro-
1 Grantee may require reasonable sec-
tion line as same existed on Sep- urity for the payment of its bills. 1 vided that Grantee has filed with the
tember 1st,1975. SECTION 6. During the term of this Grantor a written acceptance thereof
SECTION 2.Grantee's property shall permit,Grantee shall pay to Grantor
within ten(10)days after the date this
be so constructed and maintained as 'a sum of money equal to Permit has been adopted and ap
not to interfere unreasonably with proved.
I three percent of the gross receipts re
traffic over the public thoroughfares SECTION 9.The property and opera-
of by Grantee,its successors and I
of said City, and the same shall be assigns,during the preceding calen- I lions of J-A-C Electric Cooperative,
=onstructed in accordance with the dar year from sales of electricity Inc. shall be subject to such egull-
lines and grades established by the within the corporate limits of Gran- necessary ary for the protection be reasonably
City,the electric distribution system tor. Said payment shall be made by I necessary for the protection of the
as not to interfere with the grading Grantee and accepted by Grantor as ; general public.
and maintenance of streets,avenues full payment for the privilege of using SECTION 10.In conformity with Sec-
and thoroughfares. If it should be- and occupying the streets,alleys and I Lion 121 of the amended Charter of the
come necessary,to provide for a pub- other places within the City, and in I City of Wichita Falls,Texas,this or-
tic use,that any of Grantee's facilities ! lieu of any and all occupation taxes, 91 a is on the 3rd day of August,
176,
be relocated, Grantor shall notify easements and franchise taxes, I 1976,introduced and it is directed that
Grantee in writing,and Grantee shall license and inspection fees or a public hearing shall be held on the
charges, excepting only the usual ,
relocate such facilities at its sole cost 1 7th day of September, 1976, at 8:30
and expense. general or special ad valorem taxes , A.M. in the City Council Chamber,
SECTION 3.At any time the Grantee which Grantor is authorized to levy and the City Clerk is directed to pub- .
desires to construct or repair its eiec- and impose upon real and personal fish this ordinance in full in a news-
shed
trio distribution system along,across paper of general circulation published
property.On or before the 15th day of in the'City of Wichita Falls, Texas,
or in any of the streets, avenues, March of each year,a report shall be and two weeks thereafter this ordi-
thoroughfares of said City,the Gran- filed with Grantor by Grantee show- Hance may be acted upon.
tee shall give the Grantor prior notice ing its gross revenues as aforesaid for
thereof,and all streets,avenues,and the preceding calendar year,and the
sidewalks in any manner disturbed by payment hereunder shall be based
the Grantee shall be by the Grantee, upon said report and shall be paid at
at its own cost and expense,restored the time the report is filed.
to their original condition,as nearly
as practical,whether the same shall I