Ord 1430 1/28/1947 143
IMT OIRD I7,'_ TC r 1�*.jl'rC
APPROVITTiG =,E TRA` "I'M TC, _,T-,T- TRUAL-SILT 1CO12_W1iY
OF "'n FRA'TCT77SE OR7ALIf CP -,A,TTED TO I ICTTITA ML-SIT COR-01 CIOT AlM ITS 1AWFUL STICCESSORS, BY TITE CITY CF FALLS 017, APRIL 20, 1942,
BY ORD111VICT; NO. 1337, WHICH SAID FRA7_TC1',I1S,-3 VrAS AC C"MPT ED BY SAID ',_;ICHTTA
TPJJ,fS!Tl CORPOPATI07 017 AFIRIL 25, lsv--42, K!') TH-ML71.0TER T7'TDPT,1 T77', V70VAL
NO. I 11U I I =CP ORDITTAITICE 1 396 TRANSFITT-FED TO Sj.,�2 CCAC1. ES, INC., A:iTD FTRTT V
FPL CTI DIT7G "T
T TT SAID 71 Ir'TTM. TRL7SIT SHALL '1I1,TAI1T T CFFICE
"T' T_ -,-IT,T TTHE CCRPOIZAT 71 T T 'ITS OF ..L-- ',_L1j. - :i_1,___1A I "J1,FTAII,
.U� �1 " lj--'__L C,- --T-11TT- F J.jL,0 9 -j
1�11 E p T BUS -
IT7_D,713 SAT �7TZ�ITCTSE 1-TT711T TD 1 r� 1AVS D S AT)
II1 HL_�E IC3IsM_ , - _ -- �VL ,, A_ L,1L1 : lj -
AD VAOPIM�C ,CTIT10�. A7) : ETT , Z— J SS"S 7047 PE-A SAT' LC ` STAR^C ES Ll TD '11 CA-ASE'D T 3 7 T T fic.—l- FALLS
C �ACITT , TI:7; .-,A--D, C, 11 CI111' Or, '," TT7171
77 T",
-�M 13"T AS 17 C-RD.L- 11 70* 1 37 A7M TT-7' STREEET TA 'F T170
CPT*,'-,- IT ATITD DEC LATZ"T 777 Y.
'ji-L-�I.CE 1',,* 139CO 1AG A:, 'J" _'�G=l
BE IT 1.Z7_')AI77ED 13`1 T"] OF A1D7'11'L_1_711T-1 ("F 'ITT., CIT-'Ir C'F `,,77,- T Ir1
,k,I- 1A
FALLS, TT US:
T11at tLe 'Gransle, b-t Lono Star Coacl-) s, !no., of the frn—lichl.ise
originally -ranted to 7,richAta Trans-i-t Corpoi-ation, by Or"'i-rianoo 7'o. 11137,
passed acid approved on the 20'L-oh dad,- of April 1942, and accepted by said
corporation. on April 25., 1942, and thereafter transforro-1 ',Iv; ov.J.1,
n": . Corporation to Lone Star CoacTTam ae s a e
c o r p o r L i a T)a i,T,-4 ,U to do busllr.ess in t*_�Ie of Te:�Mc:,, by
rtao of t'ie approval of Ord-inance Nos 1390, -1 o chi ta Tr- i z;I o.,ipalnyj
a r7,_-,,a, orpora- -1-1011, iz rabn app�ravod, subjoji.
Y '1-0 t'le Sai., 4
I "T I chits
a no i t- compan."T La'�inL over, and operaik;j_q� busios �ind bus li lo'l
J, kl !",or-
vice operated by ljone Star Co!tol.,as, Inc., upon :;o1icilulos to be ap-)rovadl.
by 'Uha .ward of Aldemi,_:in P-ad 1111 cmaplianco vilt'-, Uoa terns Glad pro VIO i Oils
Of said franoliiso Ordiaance No* 1337 and tl-.e teniG _id _-)rovisions of bhe
said Ordliaanoa 77o, 1393, for o-ouch oliar6os al-Irl 'LfAre�3 as ire iwvj fixed or
L P,
DO f.ix-Od '7'r"11nancee
Said fraiie",d' so ;-mntod by (-rdL.I.-ane`j lios 1337 Shall ba transfa.tn-ed
siabJect, to all of its 1;0. ix and con.L,!'Qions aiv-� sabjof,-,; L-fj all the tery;is
1L , .4
aird oo_-,,d4`1ons of OrtUnance '.`Too 139,63 and is unders'-ood that ""' 11 il U U - � �;Ior :LUR
T rans ,onpany shall maintain a.a offica in t]-le clii:y' of �4Tiohita Flallls*
Texas; '.;hat all busses, r)-)arated by it taidor said franch-ise and the -,)ro-
of Crldiaanca '''Jos 1396 shall iiave si,'I5-as for taxaLion rjurpo6os
corpom-U-e of -ity 0., rich lt n `u11--j, Texas, a.riC' thSc e s *_.1
_U_ J7'
7` cl, mdr,ta Transit Coa_-):y s3hall pay, or caused to I)a T%aid to Lhe -i-,-y or
-,',a Te-Xass, �;Grotot I of 67W DO-1, Callu Of t l-'o rcz;� i-
TallS
t-l-le o-porat-io-ri of ito b is SOS as is -rovided for by the _fran&,1_'su
-1 1 -*r anoo. -J.
Cri anen 1.0. 1337 and '1_k; -1,ri-nxisions of Crd�__ 7�3 13 0 90.
71-,.Q 'not that Lol:o SUar Coacli.., iiiC., a Terwassee Corporatiol.,,
U
pr-Liar.11v az-,t o-tror-Lhe-road bus syst(x7t, des1_.,%:s lu-o d'.;3cox-,t1_auu the
I I
t1ion of a elty 1,1U,- as Dar!� of 4 is C, I'ereral corp.�rata soll—up
L �U
- -F
al.Ldl In the 1-1.1lerest 0 a_1.f�LC_Lo.�10 !,as r.-;!ade arra_-iL;a.rze_-t,- f3r a Test::s
(,1f.)rporaUJ_o_rL, on.-miiized specIficall,1 for tlio -purpose, of `mho,
bus tranopoa71;a._.,ml -� --,;jm ,) f -Falls, to Ualo over
the frarnolni.-o and `;ha opera-Lion of a city 'Lus service
in "ho City of "dioll-ita Falls, -,,ihiori will enable -a more efficient sel,-
tir, and ioill provide the City of 'v7iolieta Falls w-JI(A-i an iaortj direct con, rol
V U
of t'.Cle bus soinv-1ce to be pro-traded, oraa'Gas all a.-aargancy and the zTLlo ra-
quirin- tlae raadin��; cf ordinancess on t-hreo sDvar-al do�ys is hero'C s,,s-
pamlod and this Crainance shall tal-e over fra.'a and fter its pas`sai:,e and
a-pflroval.
? -'r1API)POV13 '�4 -AD .0D D tro day Of A. Do
ATTEST:
.'.AYQII
ORDINANCE NO
1=-2
-Ay' ORDIMCE GR-1-01TUM TEE TEXA 00 S 020IC SERVICE CohEwNy
ITS T SUCCESSORS AND ASSIGNS, AN ELECTRIC LIGHT, HEAT yND
PO'JER FRANCHISE.
BE IT ORDAINED BY THE BOARD OF AL9_P1R1-.,EhT OF THE CITY OF WICHITA FALLS TEXAS:
Section le That there is hereby granted to TEXAS ELECTRIC
SER,V'ICE COIs,PANY, a corporation duly incorporated under the laws
of the State of Texas, its successors and assigns (herein called
the Grantee), the right, privilege and franchise until terminat-
ed as herein provided, to construct, maintain and operate, in the
present and future streets, alleys and public Places of the City
Of Wichita Falls, Texas, and its successors, electric light and
Power lines, with all necessary or desirable appurtenances (in-
cluding underground conduits, Poles, towers, wires, transmission
lines and telegraph and telephone wires for its own use) for the
Purpose Of Supplying electricity to the said city, the inhabitants
thereof, and persons and corporations beyond the limits thereof,
for light, heat, Power and other Purposes.
Section 2; Poles or towers shall be so erected as not
to unreasonably interfere with traffic over streets and alleys,
The location of all Poles and towers 0?' conduits shall be fixed
under the supervision of the Board of Aldermen of the City of
Wichita Falls, or such other agency of the City Of Wichita Falls as may
be hereafter designated, but not so as to unreasonably interfere with
the proper operation of said lines.
Section 3: The service furnished hereunder to said
City and its inhabitants shall be first-class in all respects
considering all circumstances, and shall be subject to such
reasonable rules and regulations as the Grantee may make from
time to time. The Grantee may require reasonable security for
the payment Of its bills.
r
Section 4: The Grantee shall hold the City harmless
from all expense or liability for any act or neglect of the
Grantee hereunder.
Section 5: At the end of five years from the effective
date of this right, ,privilege and franchise, or at the end of any
five year period thereafter, Grantor may upon giving Grantee six
(6) months advance notice in writing determine to acquire the pro-
perty of Grantee in 'fichita Falls necessarily used in or conveniently
useful for the furnishing of electric service to the City of Wichita Falls
and the inhabitants thereof. The purchase price of said property shall
be the reproduction cost new thereof, less the observed depreciation
therein, as determined by a committee of three engineers, one appointed
by Grantor and one appointed by Grantee, and the third selected by the
first two thus appointed.
The decision of a majority of said Committee of engineers
shall be sufficient to make the determination. Such decision
Shall be in writing, supported by the fact findings rendered
after reasonable notice and hearing. If eith(:r Grantor or Grantee
be dissatisfied with the determination made b%,T said committee of
three engineers then either one, or both shall have the right,
within thirty days from the date said committee of engineers has
made its determination, to institute suit in a court of competent
jurisdiction in ,`Ticiiita County, Texas, to set aside or enjoin
the enforcement of said decision on the grounds that the said
determination of the reproduction cost new of and the amount of
observed depreciation in said property is arbitrary, erroneous
or contrary to the facts. The court trying any such suit shall not
be bound by the award of said committee of engineers but shall try
the issue according to the law and rules obtaining in ordinary V
civil suits. If such suit is not instituted within the time aforesaid,
then the decision of the said committee of engineers shall be final
and binding upon both grantor and grantee.
2.
Section 6, This right privilege
g end franchise shall
,. not become effective uhless and until Grantee shall file its
written acceptance thereof within sixty (60) days from its
passage and approval,
Section 7: This franchise is not exclusive, and nothing
herein cpntained 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,
PASSED AND _OWD this the loth day of February, 1947.
ATTEST
C ty Secretary i��yor
AFTR OVED•
City attorney
3,