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HomeMy WebLinkAbout82-2492 ordORDINANCE NO 82-2492 'AN ORDINANCE GRANTING TO SOUTHWESTERN PUBLIC SERVI CE COMPANY, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO CONSTRUCT, MAINTAIN, EQUIP AND OPERATE tN THE CITY OF PLAINVIEW, TEXAS, SYSTEMS TO USE, STORE, SELL, DISTRIB- UTE AND SUPPLY ELECTRIC ENERGY FOR LIGHT, HEAT, AND POWER AND' OTHER PURPOSES TO SAID CITY, ITS INHABITANTS AND OTHERS, AND 'TO USE THE STREETS, AVENUES, ALLEYS, HIGHWA~YS, SIDEWALKS, BRIDGES AND OTHER PUBLIC GROUNDS OF SAID CITY.FOR SAID PURPOSES"FOR A TERM OF TWENTY- FIVE YEARS, CANCELLING AND SUPERCEDING THE EXISTING FRANCHISE, ORD~[NANCE NUMBER 675, DATED JULY 15, 1957, AND PRESCRIBING OTHER TERMS AND CONDITIONS THEREFOR. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF .PLAIN- VIEW, TEXAS: ARTICLE I There is hereby granted to Southwestern Public Servi_ce Company, a corporation incorporated under the, taws of the State of New Mexico, having a permit to do business in thee State of Texas, and to its successors and aSsigns, a franchise' authorizing it to construct, equip, -maintain and operate in the City of Plainview, Texas, systems to use, store, seil', distribute and otherwise serve, supply and furnish said City and its inhabitants and others with electric energy for light, heat and power and other purposes and to use the streets, alley, s, highways, bridges and other public g?ounds of said City, both above 'and below the surface of same, Upon the terms and conditions of this ordinance. ARTICLE II The franchise rights and powers herein granted shall exist and be in force from and after the passage of this Ordinance for a term of twenty-five Years. .. ARTICLE III Southwestern Public Service Company is hereby autho.rized, licensed and empowered to do any and all things necessary and proper to be done and performed in executing the powers and utilizing the privileges 'here- in mentioned and granted by this franchise, provided that all work done in said streets, alleys, highways or other grounds of said City by said Company shall, be done with the utmost diligence and least inconvenience to the public or individuals, that said Company shall, within a reason- able time, restore streets, alleys, and public grounds excavated by it to their original aonditi.on as nearly as possible, and that said work shall be done subject 'to the approval of the City. The Company shall assume all liability or risk of damage to persons or property which may arise from the construction or operation of any or all of said system and shall save the City of Plainview, Texas, its officers and agents, harmless from any and all liability that may arise or be incurred from the erection, construction or operation of the same.' 'ARTI-CLE IV The full control of the streets and alleys is reserved by the City subject to the terms and conditions of this franchise. Whenever it becomes necessary for a city street 'to be widened or improved as deter- mined by'the City Council, and the existing poles or power lines of Southwestern PubliC Service'Company are so situated as to interfere with the use of said street or alley, the Company ~hall, at its own expense, move said poles and power lines to a place along said street or alley as directed by the city Council. ARTICLE V A minimum of forty'eight (48) hours notice will be given to the Director of Public Works, City of Plainview, Texas, by South- western Public Service Company .prior to beginning of any ditching operations within the incorporated city limits of the City of Plainview, Texas, except that Southwestern Public Service Company shall not be required to give said prior notice to the City for usual repair and routine maintenance work made to its facilities. ARTICLE VI SouthWestern Public Service Company shall furnish to the City of Plainview, Texas, a complete set of plans showing the location and depth of all 'underground installations located within the incorporated city .limits of Plainview, Texas. ARTICLE VII All provisions of this franchise are performable in Plainview, Hale County, Texas. ARTICLE VIII Southwestern Public Service Company shall, within, sixty days from the passage Of this ordinance, file with the City Secretary of the City of Plainview, Texas, its written acceptance of this ordinance and upon the filing of such acceptance this. ordinance shall constitute all of the terms of the franchise herein granted by the City of Plain- view, Texas, to Southwestern Public Service Company. ARTICLE IX After passage and taking effect of this ordinance, and upon its acceptance 'by the Company, this franchise cancels and ~supercedes the existing franchise, Ordinance Number 675, dated July 15, 1957, between the City of Plainview and Southwestern Public Service Company. APPROVED: Mayor ATTEST: bi ~y sec.rei~ry