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Ord 46 Granting a Franchise Agreement with Tri County ElectricORDINANCE NO. 46 AN ORDINANCE WHEREBY THE CITY OF WESTLAKE, TEXAS AND THE TRI-COUNTY ELECTRIC COOPERATIVE, INC. AGREE THAT THE TRI-COUNTY ELECTRIC COOPERATIVE SHALL CONTINUE TO ERECT AND MAINTAIN ITS ELETRIC LIGHT AND POWER LINES WITH ALL NECESSARY OR DESIRABLE APPURTENCES (INCLUDING UNDERGROUND CONDUITS, POLES, TOWERS, WIRES, AND TRANSSMISSION LINES) AND THE CITY GRANTS ITS CONSENT FOR THE USE OF ITS PRESENT AND FUTURE STREETS, ALLEYS, HIGHWAYS, AND PUBLIC GROUNDS IN SAID CITY, UNDER REGULATIONS AND RESTRICTIONS AS STATED THEREIN AND THAT THE CITY OF WESTLAKE SHALL RECEIVE AN ANNUAL PAYMENT FOR SAME, ALL AS THEREIN PROVIDED. Section 1 That the City of , herein called "City" its its Consent to the use of Its present and future streets. alloys, highways &ad blit grounds by the Tri-County l tcv , its succes&org assigns. herein called "C :Mver constructing, main- taining., r in the present and futurestreets, alloys. and public places Of the City of Westlake. Twma, and it successor*. electric light and power line$ with i necessary or desirable appurtenances (Including r conduits, x r , and transmission "os, and telephone d telegraph Bros for Its _ ) for the purpose of supplying electricity to the said City, ` inhabitants thereof and personscorporations yo limits thereofa for light, beat. power, and other purposes; consent beinggranted for a tI Of tweet (20) Years from t + Is adopted and approve > " i.fSection Z. Polo* & t unreasonably ,to interfere with traffic over streets Section . Cooperstive's property and operations in the City subject to such regulations y the Cityas may nably x ty pro- tection the general public. Section 4. Cooperative *hall hold the City harmless froiage Of " liability for f. y actor neglect of.the Cooperative hereunder. Section 5. In coulsidermion of the grant Of MLI4 privilegechis y the City &nd us full paymentlorriOccupying the streets. alloys, highways, easernonts,parka and other publici the City, and in lieu of any and all occupation taxes, easemeet s, and franchise taxes (whether levied as an ad vsIcor ern, special or other character of tax), and in lieu of license or Inspection fees or charges, street taxes, street or alley rental* and of all other taxes, charges, levies, fees, and rentals of whatsoever kind and character which the City may impose or hereafter be authorized or empowered by law to levy or collect, excepting only the usual -amara l or special ad valorem taxes which the City is authorized to levy or impose upon real and personal property, the Cooperative (Tri-County Electric Cooperative, Inc. and it assigns) whall Pay to the City of Westlake, Texas, annually and on or before ""'r ch h year during the term hereof, beginning unt equivalent to two per cant (21%) of roe rec e&�Is t of � ative. its successors and assig"' durn' s h geiv by th Co or t C th e s revenue ing pree eding yea from :aeso relectricity within the corporate limits Of said City, exclusive of sales to federal, state and municipal customers and exclusive of sales to industrial and other customers excluded from' taxation under the provisions of One regulations of the Treasury Department of the United States, Article 40, Regulation 4Z as arneaded by TD 4393, September 20, 1933, TD 4570, July 24, 1935, and TD 4751, July Zl, 1937, irrespective of whether or not said regulations and decisions have been or shall be repealed, amended, or changed. On or before the March 31st of each year a report &hall be filed with the City byer the—C-0-0 &tive sho� pwing its gross revenues as aforesaid for the preceding year, and the pay-1-nent made hereunder be based upon said report. Section 6. Nothing herein contained shall ever be hold or construed to confer upon the Cooperative exclusive rights or privileges of any nature what- soever. This franchise is granted by the Cit Of Westlake, Texas to Tri-County Electric Cooperative, Inc. for the purpose'of allowing Tri-County Electric Cooperative, Inc. to continue providing electric service to its members in the areas annexed or to be annexed by the City of Wegtlake, Texas in which the Cooperative was serving prior to such annexation; and to provide electric @or- vice to any now member desiring electric service in such are&&. Section 7. This Ordinance $hall be Cumulative and in addition to the other permits and franchises granted and ordinances owned, hold or claimed by the Cooperative provided, however, that all ordinances or parts of ordinances that conflict herewith are hereby repealed. section 8. Tlxis ore shall become SHOctive as of this date. ADOPTED PTED NE, '-PP=0'V' 's:.) aiis the 25th � of January x1l", d Mayer of the ity of 'Aestlake, 7 City Secretary STATETHE ` TEXAS COUNTY OF DENTON 1, A. L. ODOM Secretary of the City of NVestlake. Texas hereby certify that the foregoing is a true and correct copy of Ordinance No. 46 hereby the City of Westlake, Texas, and the Tri- County r - C ty Electric Cooperative, Inc. agree that the Tri-County Electric Cooper. ative, Inc. shall continue to erect and maintain its electric light and power nes with all necessary or desirable u.rt c (including r ro d conduits, poles, towers, wires and transmission est and the City grants its consent for the use of its present and future tr , alleys. highways, and groundspublic in said City, under regulations and restrictions thereint the City of Westlake, Texas, shall receive payment for same, all as therein provided. WITNESS 'Y HAND AND SEAL, this the 25th day of January 1 96U 71. .-f ac r et&ry ;f ty sn _ , T