2111 ORD GRANTING TO TX POWER & LIGHT COORDINANCE NO. 2111
AN ORDINANCE GRANTING TO TEXAS POWER & LIGHT COMPANY,
ITS SUCCESSORS AND ASSIGNS, AN II.FCTRIC LIGHT, HEAT AND POWER
FRANCHISE, AND REPEALING ALL PREVIOUS ORDINANCFS OF THE CITY
OF PARIS, PARIS, TEXAS, GRANTING A FRANCHISE FOR SUCH PURPOSE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS:
Section 1. Texas Power & Light Company, a Texas corpora-
tion with principal office in the city and county of Dallas,
Texas, is hereby granted the right and privilege of erecting,
buying or selling, maintaining and operating electric light and
power works, or either, in the City of Paris, and shall have the
right and privilege to manufacture and vend to the City of Paris
and to the citizens thereof, or other persons, electric lights,
arc and incandescent, and electricity for motors, light, heat or
power purposes for the term of twenty-five years from the effec-
tive date of this ordinance and written acceptance thereof by
said Company filed with the City Clerk of the City of Paris;
provided that no exclusive rights, privileges or grants are
made to said Texas Power & Light Company by this ordinance; and
further expressly provided that the franchise herein granted is
subject to the provisions of the City Charter, and the City of
Paris expressly retains the right and power, at any time, to
alter, reform or amend any grant of any right, privilege or
franchise made by it in this ordinance.
Section 2. To enable said Company to constr.uct, main-
tain, extend and improve its electric light and power plants
in said City, said Company is authorized to erect along any of
the streets or alleys, or other public highways, for the pur-
pose of supporting wires or lamps, or either thereon,and for
the purpose of guying or bracing poles, supporting electric
wires, guard wires, or lamps, or either of them. But no poles
shall be erected on the public square or any street or highway
for the purpose of supporting wires or lamps or for guying or
bracing poles beyond the curb of any street, square or highway
in such manner as to interfere with the uninterrupted use of
all of same by the general public.
Section 3. For the purpose of erecting, extending and
maintaining its electric lines said Company shall have the
right and be permitted to dig up the pavements, parkway be-
tween sidewalks and street curb, streets, alleys or other pub-
lic highways within the City cf Paris, after due written notice
of such intended work is given to the Mayor, and said Company
shall replace and repair the same and be responsible for any
and all damage that may arise therefrom to adjoining property,
or owners thereof, or for personal injury inflicted on any per-
son or member of the general public caused by or resulting from
its negligence in the performance of said work, and any and all
daxnage that may arise from failure to place the same in as good
repair as when dug up, and for unreasonable delay in replacing
the same. All repairing or replacing of said pavements shall
be done in accordance with provisions of City ordinances under
the supervision an d to the satisfaction of the Mayor and City
Ehgineer.
.
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.
Section 7. It is expressly agreed that the rate charged
the domestic consumers in the City of Paris shall never be
higher than the domestic standard rate charged by Texas Power
& Light Company in cities of the same class served by it.
Section 8. The failure or refusal of said Company within
thirty (30) days after receipt of written notice from the City
of Paris of Company's failure to comply with any, either or all
of the provisions of Sections 4, 6, 7 and 8 of this ordinance
shall authorize the City of Paris to cancel this franchise by
repealing this ordinance.
Section 9. This franchise is subject to all of the
rights, privileges and powers granted the City of Paris by its
Charter.
Section 10. When this franchise ordinance shall have be-
come effective, all previous ordinances of the City of Paris,
Paris, Texas, granting a franchise to Texas Power & Light
Company for electric light, heat and power purposes, shall be
automatically cancelled 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, the Grantee
having, with the consent of the City, surrendered the franchise
heretofore granted to it by the City Council of the City of
Paris on February 8, 1954, such surrender being contemporaneous
with the effectiveness of this ordinance and being evidenced by
an acceptance by Grantee of the terms hereof.
Section 11. The invalidity, in whole or in part, of any
provision or provisions of this ordinance shall in nowise affect
or impair the remaining terms hereof, but, as necessity may re-
quire, the provisions of this ordinance shall be construed
either as if the invalid provisions had never been incorporated
herein, or as if kept within all legal limits.
Section 12. This ordinance shall become effective on
November 10, 1972, the same being sixty (60) days from date of
passage, and upon the filing by the Grantee with the City Clerk
of the City of Paris, Paris, Texas, of its written acceptance
of the terms and conditions hereof within ten (10) days after
such effective date.
Introduced, read and passed on first reading on July 10,
1972 at a regular meeting of the City Council of the City of
Paris; second reading at a regular meeting of the City Council
on August 14, 1972; and final reading at a regular meeting of
the City Council on September 11, 1972, the same being three
(3) separate regular meetings of the City Council of the City
of Paris, the last being not less than thirty (30) days from
the first.
Passed and adopted this 11th day of September, 1972.
ATTFST :
J~~
el'I A~ 'A 4,W,0=%W IV
. C. Greene, City Clerk
AP F.'; AS O FORM:
T. K. ayne City Attorney
!~V. V.
gll. C. Westfall, M or Pro Tem