1314 ORD GRANTING TX POWER & LIGHT CO THE RIGHT TO ERECT, ETCURLIIip..dCE 1vG. 1314
AN ORDINANCE GRANTING TQ TEXAS POdIIER & LIGHT COMPANY THE RIGHT TO
ERECT, MAINTAIN AND OPa RATE ELECTFtIC LIGHT .k4ND POWER WORKS IN THE
CITY OF PARIS TO MANUFACTURE AND VEND TO THE CITY OF PARIS AND
CITIZENS THEREOF ELECTRIC LIGHTS, ARC AT1D INCANDESCENT, ELECTRICITY
FOR iVlOTORS, LSGHT, HFAT OR POWER PURPO SES , THE R IGHT TO ERECT AND
T++iATNTAIN AIArdG THE STREETS,ALLE'YS OR JT'IFR PUBLIC HIGHVVAYS LDTES
OF POLES AND +NIRES, TO DIG UP PAVEI+IEI`TTS AND PARKWAYS In'TDER NAMED
CONDTTIONS, PROVIDI'_VG COPvqPENSATIUN THEREFOR, EXPRESSLY REPEALING
ALL PREVIOUS ORDI24ANCES Or THE CITY OF PARIS AND AMENDMENTS
'HEREOF GRA,NT ING FRAr1CHISES IN THE CITY OF PARIS FOR THE MANUFACTURE
AND SALE OF ELECTftICITY SINCE PASSAGE T:KEREOF ACQUIRED BY TEXA.:S
POWEH & LIGHT COMPANY.
BE IT ORDAINED BY THE CITY COi7NCIL OF THE CITY OF
PA,R IS , TEXAS :
SECTION l:
Texas Power & Light Compqny, a Texas corporation with
principal office in the city and county of Uallas, Texas, is
hereby granted the right and privilege of erectirg, buying or
selling, maintaining and vperating electric light and power works,
or either, in the City of Paris, and sha11 have the right and
privilege to manuf'acture and vend to the Citg of Paris and to
the citizens thereof, or other persons, electric lights, arc and
incandescent, and electricity for motora, light, heat, or power
purposes for the term of twenty-five years from the effective
date of this ordinance and written ac.ceptance thereof by said
Company f iled with the City Clerk of the City of Faris;
provided that no excluaive 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. The Lake Gibbons and Lake Creek
premises are expresslg excluded from this ordinEn ce.
SECTION 2 ;
To enable said Company to construct, maintain, 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 purpose of supporting wires or
lamps, or either thereon, and for the purpose of buging or bracing
poles, supporting electric wires, guard wires, or lamps, or either
of them. But no poles sha11 be eracted on the public square or
any street or highwa9 for the purpose of supporting wires or
lamps or for guying or bracing poles beyond the curb of any street,
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squa.re or highway in such manner as to interfere with the uninter-
rupted use of all of same by the general public.
SECTION 3:
For the purpose of erecting, extending and maintaining
its electric lines said Company sha11 have the right and be
permitted to dig up the pavements, parking between sidewalks
and street ctrb, straets, alleys or other public highways within
the City of Paris, af ter dus written not ice of such intended
work is given to the Iviayor, and said Company sha11 replace and
repair the same and be responsible for any and all damage that
may arise therefrom to ad3oining property, or oWners thereof,
or for personal injury inflictecl on any person or member of the
general public caused by or resulting from its ne$ligence in the
performance of said work, and any and all damage 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. A11 repair ing
or replacing of said pavements sha11 be done in accordance with
provisions of City ordinances under the supervision and to the
satisfaction of the Ia7agor and City Engineer.
SECTION 4:
Said Company expressly agrees, covenants and guarantees
to said City of Paris that its preaent electric light and power
works and its poles and wire lines, guying and bracing wires,
as novn erected and in use in said City under previous $rants,
a.re equipped and constructed with the most modern safety appli-
ances in general use in this State for the safety and protection
of its employees, the customers of said Company and all members
of the general public in their ordinary use of any of the premisss
named in sectio ns one, two and three of this ordinance, and that
said Company will so maintain them and all additional or nQw
works constructed during t,qe life of this ordinance; if not so
equipped, Company will so equip them wi thin 90 days af ter pas sage
of this ordinance, and wi11 thereafter so maintain them.
Said Company further expressly agrees to defend,at its
cost, any suit or suits that may be f iled against the City of
Paris for negligence of said Company or any of its employees in
the rnaintenance, erection, use or repair of any of its plants,
pole or wire lines or work done on or in connection therewith,
o.r any work described in Sections 1 to 4, inclusive, of this
Ordinance, and pay any judgment that may be finally rendered
against said City in any such suit or suits.
Failure or refusal to comply with either or both of the
foregoing provisions of this section shall constitute good and
sufficient cause for forfeiture of this franchise and same may
be forfe ited by City, if af ter thir ty days wri tten notice to
Cornpany of City 's intention to forf e it, compliance is s ti 11 ref used.
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SECT IQ N 5 :
Upon the expiration of the franchise granted in this
ordinance, the pla nt or plants, as well as the property of said
Company in or upon the streets or public grounds of the City of
Paris, may thereupon, without f urther compensation to s aid Com-
pany, upon payment of a f air and reasonable valuation, such
valua.tion to be arrived at anct determined in the same manner
as provided in the charter of the City of Paris for determining
the valuation of property condemned or taken by the City for
public use, be and become entirely the property of the City of
i'aris. In arriving at such valuation no account sha11 be taken
of any value arising from such franchise or the right to use
such streets or public grounds.
SECT IU N 6 :
The franchise and rights grented to the Company in thi.s
ordinance shall not be assigned, transferred, sold or conveyed
by said Company without having first securec the consent of the
City to be given in an ordinEri ce duly and le~-ally passed by
the City Council of the Cit,y of Paris at a regular or called
meeting of said Council.
SE;CTION 7;
The Company for this gran t, and as a rental charge for
the u.se of the s tree ts , alleys, and pub lic highway of the C ity
of Paris, as hereinbefore set out, and in payment of a11 other
charges, except ad valorem taxes, during the life of this franchise
agree s to pay to the City o f Far is as f o llow s: On June 10, 1954,
and annually thereafter on June lOth of each succeeding yea.r a
sum equal to two (2%) per cent of its gross revenus received
from the sale of electric energy from its residential and com-
mercial business conducted within the corporate limits of said
City for the preceding twelve months anding iAarch 31st, as payment
f'or the privilege of using the streets, alleys, highways,, easements,
parks ana other public places within the City and other charges
connected with such use.
SECT ION 8 ;
It is expressly a$reed that the rate charged the domestic
consumers in the City of Paris sha11 never be higher than the
domestic standard rate charged by Texas Power & Light Company in
cities of the same class served by it.
SECTION 9:
The f ailure or ref usal of said Company within thirty (30)
days af'ter receipt of written notice f rom the CitS of raris of
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Company's failure to comply with any, either ar alI of the pro-
visio ns of Sections 4, 6, 7 and 8 of this ordinance sha11 author-
ize the City of Paris to cancel this f'ranchise by repealing
this ordinan ce .
SECTION 16;
When this franchise ordinance shall have become affective,
the electric light, heat and power franchise heretofore gra.nted
to Texas Power & Light Company by the City Council of the City
of Paris, Texas, on June 9, 1941, shall be automatically cancelled
and annulled, and shall be of rio further f'orce and effect, Texas
Power & Light Company having, w ith th.e consent of the City Council
of the Citp of Paris, Texas, surrendered such franchise contem-
poraneously with the effectiveness of this ordinance, which
surrender will be evidenced by an acceptance of the terms hereof.
SECTION 11;
The invalidity, in whole or in part, of any provision
or pro visions of this ordinance shall in no w ise affec t or impair
the remaining terms hereof, but, as necessity may require, the
provisions of this ordinanee sha11 be construed either as if the
invalid provisions had never been incorporated herein, or as 3.f
kept within all legal limits.
SECTION 12:
This ordinEnce shall take effect sixty (60) days aft6r
its third reading and final passage at the third regu7ar meeting
of the City Counc il of the C3-ty of Paris, Texas, af ter the intro-
duc tion thereof, and upon the 1'iling by Texas Power & Light
Company with the City Clerk of the City of Paris of its
written acceptance of the terms and provisions hereof within
ten (10) days af'ter such effective date.
First reading
day
of December, 1953
Second reading
~ I, ~
day
of
Third reading
~
daST
of ~,1954
ALdopted -
day
of
j~ ¢ ---,1954.
ALPPROVED this day of , A, A~ 1954
ATTEST ;
Magor, City of Paris, Texas
City Clerk