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HomeMy WebLinkAboutOrd 06-03-58 Granting Texas Power and Light Co. Franchise�l N r. TEXAS POWER & LIGHT COMPANY 1• EXECUTIVE DEPARTMENT DALLAS, TEXAS TO THE MAYOR AND CITY COUNCIL OF THE CITY OF ANNA$ TEXAS Gentlemen: The undersigned hereby accepts the terms of that certain franchise passed and adopted by the City Council of the City of Anna' Texas, by ordinance duly approved by the Mayor and attested by the City- Secretary on June 3, 1958, same being, RAN ORDINANCE GRANTING TO TEXAS POWER & LIGHT ODMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC LIGHT, HEAT AND POWER FRANCHISE, AND REPEALING ALL PREVIOUS ORDINANCES OF THE CITY OF ANNA, TEXAS GRANTING A FRANCHISE FOR SUCH PURPOSED, and files herewith its acceptance of such franchise as required by the terms of such franchise ordinance. IN TESTIMONY MHEREOF, witness the corporate signature and seal of Texas Power & Light Company by its duly authorized officers, - this the 9th day of June, 1958. MINUTES OF REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS The City Council of the City of Anna, Texas, met in regular session on Tuesday, June 3, 1958, at 8:30 p.m., at their regular meeting place. Those present were: Mayor W. B. Powell, Aldermen: Gene Lindsey C.E.White Weldon Lewis Floyd Summers William Estep, being all of the Council. Wayne Sherley, City Secretary, acted as secretary of the meeting. Mayor Powell presided over the meeting and stated that a franchise for Texas Power & Light Comparq was up for consideration. The proposed franchise was read and after discussion, Alderman Floyd Summers made the motion that the ordinance be passed as read. Motion was seconded by Alderman Gene Lindsey. Mayor Powell called for a vote and the vote was unanimous in favor of said ordinance. Mayor Powell thereupon, in open meeting, signed and approved said ordinance, and it was ordered that the same.be recorded and the same is recorded in words and figures as follows: IIAN ORDINANCE GRANTING TO TEXAS POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC LIGHT, HEAT AND POWER FRANCHISE, AND REPEALING ALL PREVIOUS ORDINANCES OF THE CITY OF ANNA, TEXAS GRANTING A FRANCHISE FOR. SUCH PURPOSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section l: That there is hereby granted to Texas Power & Light Company, its successors and assigns (herein called the nGrantee"), the right, privilege and franchise until June 3, 2008, to construct, maintain and operate in the present and future streets, alleys, and public places of the City of Anna, Texas, and its successors, electric light and power lines, poles, wires, transmission lines and other structures 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, structures and other appurtenances shall be so erected and maintained as not to interfere unreasonably with traffic over streets and alleys. The location of all poles, conduits and other structures shall be fixed under the supervision of the street and alley committee of the City of Anna, or the successors to the duties of that committee, but not so as to interfere unreasonably 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. 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:That on the lst day of February, 1959, and annually there- after on February 1st of each succeeding year for the life of this franchise, Texas Power & Light Company, its successors and assigns, shall pay to the City of Anna a sura equal to two per cent (2%) of its gross revenue received from the sale of electric energy by said Company from its residential and commercial business conducted within the corporate limits of said City for the preceding . calendar year ending December 31st, in full payment for the privilege of using and occupying the streets, highways, easements, alleys, parks, and other public places in the City of Anna, whether as rental, supervision d inspection charges, or otherwise, for said calendar year ending Dee mb r 31st. This payment shall be in lieu of any other tax or increased rate of tax or other imposition, assessment, or charges, except ad valorem taxes Section 6: The Grantee shall file its written acceLee of this franchise within sixty (60) days after its passage and app oval. Section 7: 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 8: When this franchise ordinance shall have become effective, all previous ordinances of the City of Anna, Texas, granting a franchise to Texas Power & Light Company for electric light, heat and power purposes, shall be automatically canceled and annulled, and the same, together with any existing street rental agreement between the City,and Grantee, shall be of no further force and effect. PASSED AND APPROVED this 3d day of June, 1958. (Signed) Bill Powell Mayor ATTEST: (Signed) Wayne Sherley City Secretary (City Seal) No further business coming before the meeting, the meeting was adjourned. City Se etary, City of Anna, T e x a s (CITY SEAL)