Ord 1328 6/20/1941 URD ANCE NO. 1328
AN ORDINANCE OF THE CITY OF WICHITA FALLS TEXAS
TENDING THE' TEHM OF A FRANCHISE HERETOFORE GRANTED 2"0 M.
I- H. KEMPNER D. W. KEJZPNE R R. C. J,,JALONE S LASKER,
THE CONSTRUCxiON OPERATION P - J AND HENRY AYLES FOR
HEAT AND POWERp -"-ND MAINTENANCE OF AN ELECTRIC LIGHT
E!N� IN THE CITY OF WICHITA FAU, S � WICHITA COUNTY
TE7.AS, AND PROVIDING FOR ME PAYTVIENT OF A PERCENTAGE
GROSS RECEIPTS To THE CITY IN CONSIDERATION 11HEREFOh.OF GRANTEE'S
M. Lasker WHEREAS the term of the franchise heretofore granted to
.9 1. H. Kempner, D. W. Kempner, H- C. Malone and Henry
Sayles by the terms of Ordinance No. 55 of the city Of Wichita Falls$
Texas, on the 20th day of June, 1904p and now owned and held by
assignment by Texas Electric Service Company,, will expire long
before the end of the useful life of equipment now and to be here-
after installed, and Texas Electric 6ervice Company having requested
the City Of Wichita Falls to extend the term of said franchise; and
WHEREAS Texas Electric Service Cokupany in makftg ptch
request has pointed out the growth and development of t e Ci y
Of Wichita Falls since the grant of said original franchise and the
fact that it and its predecessors have heretofore expended large
sums of money in the extension of its transmissions generating and
distribution facilities so as to adequately serve the needs of such
City and its inhabitants for electric service, and has further
Pointed out the demands which are now being made upon it and upon
the city for additional facilities of various kinds to be devoted
Primarily to the National Defense and also to the continued growth
and development of the city, and to the fact that the Company w 1
be required to make further vxpenditures of a very substantial n il
in meeting such demands upon the service which it furnishes, and ature
specifically Points out that there will be located within the en-
virons of said City more than one National Defense project which
will bring thousands of new citizens to said communitys all of V&ich
will require the further extension of existing service facilities
to serve the needs of said city and its inhabitants under said new
and changed conditions ; and
WHEREAS after investigation the Board of Aldermen of the
City of Wichita Falls is of the opinion and finds that an ex-
tension of the term of said franchise as requested by Texas
Electric Service company is in the public interest and will enable
said company more properly and efficiently to finance needed
extensions of service due to the rapid growth of the city and that
m of said franchise will enable said Company
the extension of the ter s
better and more efficiently to serve the citizens of the City of
Wichita Falls and its environs with light, heat and power;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERI�USN
OF THE CITY OF WICHITA FALLSp TEXAS-
SEUTION 1. The term of the franchise heretofore granted
M. Lasker, I. H. Kempner, D. W. Kempners, H. U. Malone and Henry
Sayles on the 20th day of June, 1904, and designated as Ordinance
No. 55, now owned and held by assignment by Texas Electric Service
Company., is hereby extended for a period Of fifty ( 50) years frcm
and after the effective date of this ordinance * The said otiginal
franchise shall continue in force and effect according to its terms
and Provisions for such extended term. But it is expressly provided
that in the event the grant of such extension by the provisions
of this ordinance should be held to be subject to the Provisions of
Section 122 of the Charter Of the city of Wichita Falls, Texas, in
such event the original grant as expressed by Ordinance No. 55 shall
continue in force and effect until the same expires by its own
terms, and thereafter and upon such expiration the extension granted
hereby, as limited and conditioned by the charter of the City of
Wichita Yalls, Texas, shall be in full force and effect until its
expiration or other termination.
6=TION 2* In consideration for the granting of such
extended term by the Uity, Grantee agrees that on or before
the 15th day Of September 1941t Grantee shall pay to the Uity
an amount equivalent to two per cent ( 27ol of the estimated gross
revenues received by Grantee during the period from May 1., 19419
to December 31 , 1941, both months inclusive, from sales of
electricity withLin the corporate limits of such (;ityt exclusive
of sales to federal ,, state and municipal customers and exclusive
of sales to industrial and other customers excluded from taxa-
tion under the provisions of the regulations of the Treasury
Department of the United States, Article 40$ Regulations 42 as
amended by T.D. 4393t September 20, 1933; T. D. 4570, July 24,
1935; and T. J. 4751, July 21, 1937; and on the 15th day of
March, June, 6eptember and December of succeeding years during
the term of said grant or extended term Grantee,, its successors
or assigns, so long as it or they shall continue the use and
occupancy of the streets, alleys, highways, easements, parks
and other public places within the Uity under the grant of such
franchise or extension, and so long as it or they shall continue
to serve the Uity with electric energy for its street lighting,
water pumping and other municipal purposes to the extent of its
regirements for such service, shall pay to the Uity 6ne-fourth
tl 41 of an amount equivalent to two per cent t27o) of the gross
revenues received by Grantee, its successors or assigns., during
the preceding calendar year from sales of electricity within
the corporate limits of said uity, exclusive of sales to feder-
al, state and municipal customers and exclusive of sales to
industrial and other customers excluded from taxation under the
provisions of the regulations of the Treasury Department of the
United States, Article 40 ,, Regulations 42 as amended by T. D.
43939 September 20, 1933; T. D. 4570, July 24, 1935 ; and T. D.
4751t July 21, 1937. In connection with the payment by Grantee
to Uity on or before September 15, 1941., of an amount equvalent
to two per cent ( 27o) of the estimated gross revenues for the
period beginning May 1. 1941 , and ending December 31, 1941, the
payment to be subsequently made on March 15., 1942, shall be ad-
justed so that such payment shall represent a payment of an
amount equivalent to two per cent ( 27o) of the actual revenues
of the Uompany for such period upon which the amounts agreed
to be paid hereunder are to be calculated, Said payment shall
be made by Grantee and accepted by Uity as full payment for the
privilege of using and occupying the streets, alleys , highways ,
eastments, parks and other public places within the (;ity,, and
other charges connected with such use as rentals, supervision
and inspection charges or otherwise, and in lieu of any and
all occupation taxes, easement and franchise taxes., whether
levied as an ad valorem, special or other charactercf tax,
and in lieu of license and inspection fees, street or alley
rentals and all other taxes, charges, levies, fees and rentals
of whatsoever kind and character which the uity may impose or be
hereafter authorized or empowered by law to levy and collect,
excepting only the usual, general or special ad valorem taxes
which the Uity 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 the Uity by the Grantee show-
ing its gross revenues as aforesaid for the preceding calendar
year, and the payments made hereunder shall be based upon said
reports.
SBUTION 3, The extension of said franchise and the
provisions of this ordinance shall not become effective unless
and until Texas Electric Service Uompany shall file its written
acceptance thereof within thirty ( 30 ) days from and after the
effective date of this ordinance.
PASSED A10 APPROTED at a regular meeting of the Board
of Aldermen, this , day of A. 1). 1941; all members
present voting for the passage of same.
ZfTEST: MAYOR
OTTY MER&