2111 ORD GRANTING TO TX POWER & LIGHT CO

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Section 4. Said Company expressly agrees, covenants and guarantees to said City of Paris that its present electric light and power works and its poles and wire lines, guying and bracing wires, as now erected and in use in said City under previous grants, are equipped and constructed with the most modern safety appliances in general use in this State for the safety and pro- tection of its employees, the customers of said Company and all members of the general public in their ordinary use of any of the premises named in sections one, two and three of this ordi- nance, and that said Company will so maintain them and all addi- tional or new works constructed durin g the life of this ordi- nance; if not so equipped, Company will so equip them within 90 days after passage of this ordinance, and will thereafter so maintain them. Said Company further expressly agrees to defend, at its cost, a,ny suit or suits that may be filed against the City of Paris for negligence of said Company or any of its employees in the maintenance, erection, use or repair of any of its plants, pole or wire lines or work done on or in connection therewith, or any work described in Sections 1 to 4, inc.lusive, of this Ordinance, and pay any judgment that may be finally rendered against said City in any such suit or suits. Said Company further agrees to hold the City harmless from all expense or liability for any act or neglect of the Grantee hereunder, its employees, agents or subcontractors. Failure or refusal to comply with either or any of the foregoing provisions of this section shall constitute good and sufficient cause for forfeiture of this franchise and same may be forfeited by City, if after thirty days' written notice to Company of City's intention to forfeit, compliance is still re- fus ed. Section 5. The franchise and rights granted to the Company in this ordinance shall not be assigned, transferred, sold or conveyed by said Company without having first secured the consent of the City to be given in an ordinance duly and legally passed by the City Council of the City of Paris at a regular or called meeting of said Council. Section 6. That on the 10th day of June, 1973, and annually thereafter on June lOth of each succeeding year for the life of this franchise, Texas Power & Light Company shall pay to the City of Paris a sum equal to two per cent (2107o), or the maximum percentage allowed by the laws of the State of Texas, whichever is greater, of its gross revenue received from the sale of electric power and energy, including but not limited to residential, commercial and industrial sales, by said Company within the corporate limits of said City for the preceding twelve months ending March 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 Paris, whether as rental, supervision and inspection _ charges, or otherwise, for twelve months preceding March 31st of year in which payment is made. This payment shall be in lieu of all other charges, except ad valorem taxes, during the life of this franchise.