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<br /> ORDINANCE NO. 97-041
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<br /> AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, GRANTING TEXAS
<br /> UTILITIES ELECTRIC COMPANY AN ELECTRIC LIGHT, HEAT, AND POWER
<br /> FRANCHISE FOR THE PURPOSE OF CONSTRUCTING, ERECTING, AND
<br /> MAINTAINING ITS POLES, TOWERS, WIRES, ANCHORS, CABLES, MANHOLES,
<br /> CONDUITS, AND OTHER STRUCTURES AND APPURTENANCES ALONG, ACROSS,
<br /> ON, OVER, THROUGH, ABOVE, AND UNDER ALL PUBLIC STREETS,
<br /> THOROUGHFARES, ALLEYS, AND PUBLIC GROUNDS AND PLACES IN SAID CITY;
<br /> PRESCRIBING THE CONSIDERATION THEREFOR; PROVIDING FOR THE RIGHT TO
<br /> USE CERTAIN FACILITIES OF THE ELECTRIC COMPANY; PRESCRIBING THE
<br /> TERM AND EFFECTIVE DATE OF SAID FRANCHISE; PROVIDING FOR THE REPEAL
<br /> OF ALL CONFLICTING ORDINANCES; PROVIDING THAT THIS ORDINANCE BE
<br /> CUMULATIVE; PROVIDING FOR SEVERABILITY; PROVIDING FOR
<br /> GOVERNMENTAL IMMUNITY; PROVIDING FOR INJUNCTIONS; PROVIDING FOR
<br /> PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
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<br /> WHEREAS, Texas Utilities Electric Company, a Texas corporation, hereinafter referred to
<br /> as the "Company," is now and has been engaged in the business of furnishing electricity in the state
<br /> of Texas and, in furtherance thereof, has erected and maintained certain items of its electric power
<br /> utility system in the city of Paris, Texas, pursuant to such rights as have been granted it by and under
<br /> said laws of the State of Texas, and subject to the exercise of such reasonable rights of regulation
<br /> under the police powers as have been also lawfully granted by and under said laws to the City of
<br /> Paris, Paris, Texas, hereinafter referred to as the "City;" and,
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<br /> WHEREAS, it is to the mutual advantage of both the City and the Company that a franchise
<br /> should be granted the Company by the City, establishing the conditions under which the Company
<br /> shall operate in the City; NOW, THEREFORE,
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<br /> BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
<br /> TEXAS:
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<br /> Section l.a. General
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<br /> There is hereby granted to the Company the right, privilege, and franchise to maintain and
<br /> operate an electric power utility system which includes, but is not limited to, electric light, heat,
<br /> power, and energy facilities and a generation, transmission, and distribution system with such
<br /> extensions thereof and additions thereto as shall hereafter be made, within the corporate limits of the
<br /> City, and in connection therewith to construct, extend, maintain, use, and operate in, along, under,
<br /> on, over, through, above, and across the present and future public streets, thoroughfares, rights-of-
<br /> way, alleys, sidewalks, bikeways, easements, and other public grounds and public places of the City,
<br /> during the term hereof, its lines, poles, towers, wires, anchors, cables, manholes, conduits, and other
<br /> structures and appurtenances in connection with such electric power utility system.
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<br /> Section l.b. Definitions
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<br /> The terms and phrases used herein and not otherwise defined shall have the meanings and
<br /> usage generally accepted.
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<br /> Section 2. Construction Work - Regulation by City
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<br /> (a) Work done in connection with the construction, reconstruction, maintenance, or repair
<br /> of the utility system shall be subject to and governed by all valid and enforceable laws, rules, and
<br /> regulations of the City and the State of Texas. The governing body of the City may require
<br /> Company, from time to time, to place certain facilities underground. If the governing body of the
<br /> City so requires, adequate provision shall be made to compensate Company for the increased costs
<br /> involved.
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