HomeMy WebLinkAboutOrdinance No. 84-16-A • .� • � ° , , .
` � ORDINANCE N0. 84-16q
AN ORDINANCE GR,ANTING TO HOUS'�ON LIGHTING � POWER
COMPANY, ITS SUCCESSO�tS AND ASSIGNS, THE RIGHT,
PRIVILEGE AND FR.ANCHISE TO CONDUCT WITHIN TWO (2)
PORTIONS OF THE CITY AN ELECTRICAL LIGHTING AND POWER
BUSINESS AND TO ERECT, CONSTRUCT, MAINTAIN, OPERATE,
USE, EXTEND, REMOVE, REPLACE AND REPAIR IN, UNDER,
UPON, OVER, ACROSS AND ALONG ANY AND ALL OF THE PRE-
SENT AND FUTURE PUBLIC ROADS , HIGHWAYS, STREETS, DED-
ICATED EASEMENTS , LANES AND ALLEYS IN SAID PORTIONS OF
THE CITY AND OVER AND ACROSS ANY STREAM OR STP.EAMS ,
BRIDGE OR BRIDGES, NOW OR HEREAFTER OWNED OR CON-
TROLLED BY THE CITY IN SAID PORTIONS OF THE CITY A
SYSTEM OF POLES, POLE LINES , TOWERS, TRANSMISSION
LINES, WIRES, GUYS, CABLES, CONDUITS AND OTHER DESIR-
ABLE INSTRUMENTALITIES AND APPURTENANCES (INCLUDING
TELEGRAPH AND TELEPHONE POLES AND WIRES FOR THE
COMPANY'S OWN USE) , NECESSARY OR PROPER FOR THE SUPPLY
AND DISTRIBUTION OF ELECTRICITY FOR LIGHT, POWER AND
HEAT, AND FOR ANY OTHER PURPOSE FOR WHICH ELECTRICITY
MAY BE USED, TO THE CITY AND INHABITANTS OF SAID POR-
TIONS OF THE CITY, OR ANY OTHER PERSON OR PERSONS FOR
A PERIOD OF THIRTY (30) YEARS ; REGULATING THE USE OF
STREETS BY THE COMPANY AND THE REPAIR AND RESTORATIOPd
OF STREETS DISTURBED BY CONSTRUCTION; CONTAINING A
CONTRACT BY THE COMPANY TO FURNISH FIRST CLASS SERVICE
AND THE GRADE OF SERVICE TO ITS CUSTOMERS AS PROVIDED
BY ITS R.ATE SCHEDULES EXCEPT UNDER CONDITIONS BEYOND
THE COMPANY'S CONTROL; PROVIDING FOR THE TEMPORARY
REMOVAL, RAISING AND LOWERING OF WIRES AND OTHER
APPURTENANCES AND ESTABLISHING STANDARDS FOR THEIR
CONSTRUCTION; PROVIDING FOR COMPENSATION TO BE PAID TO
THE CITY; PROVIDING THAT THIS FR.ANCHISE SHALL NOT BE
EXCLUSIVE; PROVIDING TH� GOMPANY' S OBLIGATION TO
FURNISH EFFICIENT SEF�VICE AT REASONABLE RATES; PRO-
VIDING A SEVERABILITY CLAUSE; RESERVING ALL POWERS OF
REGULATION; PROVIDING FOR INDEMNITY BY THE COMPANY T0
THE CITY; MAKING MISCELLANEOUS PROVISIONS RELATIVE TO
THIS GRANT OF FRANCHISE; REPEALING ALL PREVIOUS ELEC-
TRICAL LIGHTING AND POWER FRANCHISE ORDINANCES; PRO-
VIDING FOR ACCEPTANCE BY THE COMPANY; AND PROVIDING AN
EFFECTIVE DATE.
� * . * � �
WHEREAS, following due notice in accordance with the
requirements of State law, Article 970a, V.A.T. S. , and the City
Charter, the City Council of the City of Friendswood, Texas ,
has annexed into the City certain lands which have, prior to
such annexation, received electrical power service from Houston
Lighting & Power Company; and
WHEREAS, the City of Friendswood, Texas , desires to insure
that such newly annexed areas continue to receive electrical
power and service; NOW, THEREFO�E,
. • ; � . , , .
� BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
STATE OF TEXAS:
Section 1. That sub�ject to the . terms , conditions and
provisions ; of this Ordinance, the City of Friendswood, Texas ,
does hereby grant unto Houston Lighting S� Power Company, its
successors and assigns , the right, privilege and franchise to
conduct, within two (2) portions of the City, the first tract
of which lies on an $76.62 ACRE TR.ACT OF LAND in the Perry and
Austin League, Abstract 55, Harris County, Texas , and Being
More Particularly Described by Metes and Bounds as follows :
TRACT I
BEGINNING at the intersection of the
northwesterly right-of-way line of F.M. Road 2351,
based on 120 feet in width, and the southwesterly line
of Beamer Road (formerly known as Choate Road) , based
on 60 feet in width;
THENCE in a northwesterly direction and along the
southwesterly line of Beamer Road a distance of
8,153.59 feet more or less to a point that is 120.00
feet at right angles to the northwesterly line of the
Pery and Austin League, Abstract 55;
THENCE in a southwesterly direction and 120.00
feet at right angles and parallel to the northwesterly
line of the Perry and Austin League a distance of
7,200.00 feet, more or less to a point in the
centerline of Clear Creek;
THENCE in a southeasterly direction and along the
centerline of Clear Creek to a point being the
intersection of the centerline of Clear Creek with a
line parallel with and 300 feet northeasterly of the
common line between Lots � 61 and 62 in "The Subdivision
of 2069 acres of land out of the upper end of the
Perry and Austin League" as shown on plat recorded in
Volume 3, Page 6 of the Map Records in Harris County,
Texas ;
THENCE S. 44° 21 ' 00" E. parallel with and 300
feet northeasterly of the common line between Lots 61
. and 62, 1, 933. 80 feet to a 5/8" iron rode for corner;
THENCE S. 20° 57' 10" W. , 185.36 feet to a S/8"
iron rod set for corner;
THENCE S. 24° 29' 24" W. , passing at 141. 10 feet
the division line between Lots 61 and 62, in all
308.18 feet to a 5/8: iron rod for corner;
THENCE S. 22° 47' 34" W. , 156.48 feet to a 5/8"
iron rod for corner;
THENCE S. 44° 21 ' 00" E. , 906.87 feet to a 5/8"
iron rod for corner;
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� THENCE S. 45° 39' 00" W. , 750.21 feet to a 5/8"
iron rod for corner;
THENCE S. 37° 59' 25" E. , 200.00 feet to a
concrete monument in the northwesterly right-of-way
line of F.M. 2351;
THENCE N. 61° 44' 00" E. , along said right-of-way
591.30 feet to the P.C. of a curve to the left ;
THJENCE northeasterly along said right-of-way ' and
with said curve to the left having a radius of 1850.08
feet, an arc length of 518. 79 feet to the P.T. of said
curve;
THENCE N. 45° 40' 00" E. along said right-of-way
2105. 93 feet to the P.C. of a curve to the left;
THENCE northeasterly along said right-of-way and
with said curve to the left having a radius of 5669.65
feet, an arc length of 197. 36 feet to the P.T. of said
curve;
THENCE N. 43° 20' 20" E. , along said right-of-way
663.32 feet to the P.C. of a curve to the right ;
THENCE Northeasterly along said right-of-way line
of F.M. 2351, a distance of 2081.20 feet to the PLACE
OF BEGINNING, and containing 876. 62 Acre of Land, more
or less.
TRACT II
And further without the �portion of the city which
lies within the area described as BEGINNING at a point
in the southeast right-of-way line of the
Friendswood-Webster Road, said point being 2,015 feet
in a northeasterly direction from the intersection of
said southeast right-of-way line with the centerline
of Clear Creek and said point being the most northerly
corner of the Forest Creek Subdivision;
thence N. 45° 08' 20" E. along said south
right-of-way line of the Friendswood-Webster Road and
the norChwest boundary � of the Harris County Water
Control and Improvement District No. 108, a distance
of 1,536.31 feet to a point for the most easterly
corner of this tract being described ;
THENCE N. 45° 02' 48" W. a distance of 5,810.89
feet to a point;
. THENCE N. 45° 28' 36" E. a distance of 1 ,312.50
feet to a point;
THENCE N. 44° 46' 24" W. a distance equal to
1 ,288. 79 feet plus the width of the right-of-way of
F.M. 2351 to a point in the northwest right-of-way
line of FM.M 2351, for the most northerly corner of
this tract being described;
THENCE South along said northwest right-of-way
line of F.M. 2351 to its intersection with the center
line of Clear Creek;
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� THENCE East along the centerline of the meanders
of Clear Creek passing its intersection with the
Friendswood-Webster Road and continuing to a point
that intersects with a line that begins at the
original Place of Beginning of this description and
goes S. 49° 02' S9" E. along the common boundary
between Forest Creek Subdivision and the Harris County
Water Control and Improvements District No. 108 a �
distance of 542.4$ feet , and S. 42° 20' 46" W. along
the southeast boundary of Forest Creek Subdivision and
the boundary of Harris County Water Control and
Improvement District No. 108 a distance of 1 ,865.20
feet, and N. 47° 34' 14" W. a distance of 107.80 feet
to a point called "X" for this description, and thence
from such point "X" S. 42° 25' 46" W. a distance to
the intersection with said centerline of Clear Creek;
THENCE N. 42° 25' 46" E. to the previously called
point "X";
THENCE S. 47° 34' 14" E. a distance of 107.80
feet to a point ;
THENCE N. 42° 20' 46" E. a distance of 1 ,865.20
feet to a ,point being the most easterly corner of the
Forest Creek Subdivision, and being an interior corner
of the Haris County Water Control and Improvement
District No. 10$ boundary;
THENCE N. 49° 02 ' S9" W. along the common
boundary of Forest Creek Subdivision and Harris County
Water Control and Improvement District No. 108 a
distance of 542.48 feet to the PLACE OF BEGINNING, and
containing approximately 0. 8 square miles of land;
such area to include the entire land area encompassed
by the boundaries of the Clearwoods Improvement
District.
as such portion now exists or may hereafter be extended, and,
further, such areas that the City of Friendswood, Texas may
annex in the future, an electrical lighting and power business
and to erect, construct, maintain, operate, use, extend ,
remove, replace and repair, in, under, upon, over, across and
along any and all of the present and £uture public roads ,
highways, streets , dedicated easements, lanes and alleys owned
or controlled by the City in said portion of the City, and over
and across any stream or streams, bridge or bridges , now or
hereafter owned or controlled by the . City in said porions of
the City, a system of poles , pole lines , towers , transmission
lines , wires, guys, conduits , cables , and other desiable
instrumentalities and appurtenances (including telegraph and
telephone poles and wires for use of Company) , necessary or
proper for the purpose of carrying, conducting, supplying ,
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. .
distributing and selling to the City and the inhabitants of
said portions of the Ci.ty or other person or persons , firms or
corporations , electricity for light, power and heat, and for
any other purpose for which electricity may be used; to carry,
conduct, supply and distribute electricity by means of said
poles, pole lines , towers, transmission lines , conduits, cables
or other instrumentalities , and to sell same to said City and
inhabitants of said portions thereof, or to any other person or
persons , firms or corporations.
Section 2. Upon the filing with the City by the Company of
the acceptance required hereunder, this franchise shall be in
full force and effect for a term and period of thirty (30)
years. �
Section 3. All poles erected by the Company pursuant to
the authority herein granted shall be of sound material and
reasonably straight, and shall be so set that they will not
interfere with the flow of water in any gutter or drain, and so
that the same will interfere was little as practicable with the
ordinary travel, on the streets , sidewalks, or other public
ways. Within the streets or other public ways of said portions
of the City, the location and route of all poles , stubs, guys,
anchors , lines , conduits and cables placed and constructed and
to be placed and constructed by the Company in the construction
and maintenance of its elec�trical lighting and power system in
said portions of the City, shall be subject to the reasonable
and proper regulation, control and direction of the City, or of
any City official to whom such duties have been or may be duly
�delegated, which regulation and control shall include, but not
by way of limitation, the right to require in writing the
relocation of Company facilities, exclusive of street lightin�
and facilities installed for service directly to the City, at
Company's cost within the streets or other public ways whenever
such shall be reasonably necessary on account of the widening ,
. change of grade, relocation, or other City construction within
such streets or public ways.
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� Section 4. The surface of any public road, highway,
street, lane, alley, or other public place disturbed by Company
in erecting, constructing, maintaining, operating, using,
extending, removing, replacing or repairing its electrical
lighting and power system shall be restored immediately after
the completion of the work to as good a condition as before the
commencement of the work and maintained to the satisfaction of
the City, or of any City official to whom such duties have been
or may be duly delegated, for one (1) year from the date the
surface of said public road, highway, street, lane, alley, or
other public place is broken for such construction, maintenance
or removal work, after which time responsibility for the
maintenance shall become the duty of the City. No public road,
highway, street, lane, alley, or other public place shall be
encumbered by construction, maintenance or removal work by
Company for a longer period than shall be necessary to execute
such work.
Section 5. The service furnished hereunder to the City and
its inhabitants shall be first class in all respects,
considering all circumstances, and Company shall furnish the
grade of service to its customers as provided by its rate
schedules and shall maintain its system in reasonable operating
condition during the continuance of this Agreement. An
exception to this requirement is sutomatically in effect when
due to shortages in materials , supplies and equipment beyond
the control of the Company and when due to fires, strikes ,
5iots , storm, floods , war and other casualties , and when due to
g.overnmental regulations, limitations and restrictions as to
the use and availability of materials , supplies and equipment
and as to the use of the services, and when due to unforseen
and unusual demands for service. In any of which event the
Company shall do all things reasonably within its power to
restore normal service.
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� Section 6. The Company on the written request of any
person shall remove or raise or lower its wires temporarily to
permit construction work in the vicinity thereof or to permit
the moving of houses or other bulky structures. The expense of
such temporary removal , raising or lowering of wires shall be
paid by the benefitted party or parties , and Company may
require such payment in advance, being without obligation to
remove, raise, or lower its wires until such payment shall have
been made. The Company shall be given not less than
seventy-two (72) hours advance notice to arrange for such
temporary wire changes. All of Company's lines for the
transmission and distribution of electrical energy, located
within said p.ortion of the City, shall be constructed, operated
and maintained, as to clearances, in accordance with the
National Electrical Safety Code, as published in March, 1948,
by the National Bureau of Standards, Handbook 30; provided,
however, nothing herein shall impair the right of the City in
the future by ordinance to adopt and require compliance with
any new, amended or revised code, or by ordinance to require
compliance with such further or different standards as may be
found to be in the public interest.
Section 7. In consideration for the rights and privileges
herein granted, the Company agrees to pay to the City for each
year of the term of this franchise a sum equal to two percent
(2%) of the gross receipts for such year, exclusive of receipts
for street lighting, received by the Company from its
electrical lighting and power sales for consumption within the
.portions of the City covered by this franchise. Payment shall
be made by the 15th day of each February for the preceding
calendar year. For fractional calendar years said 2% shall be
based upon the gross receipts for that part of the year
involved. Said payments shall be in lieu of any license charge
or fee, street or alley rental , or other character or charge or
levy by the City for the use or occupancy of the public roads,
highway, streets, lanes , alleys, or other public places in said
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portions of the City and in lieu of any pole tax or inspection
fee tax, but shall not interfere with collection of ad valorem
taxes by City.
Section 8. Nothing contained in this Ordinance shall ever
be construed as conferring upon Company any exclusive rights or
privileges of any nature whatsoever.
Section 9. It shall be the Company's obligation as
provided in Section 5 hereunder to furnish efficient electrical
service to the public at reasonable rates and to maintain its
property in good repair and working order, except when
prevented from so doing by forces and conditions not reasonably
within the control of Company.
Section 10. The City by the granting of this franchise
does not surrender or to any extent lose, waive, impair or
lessen the lawful powers and rights , now or hereafter vested in
the City to regulate the rates and services of Company; and
Company by its acceptance of this franchise agrees that all
such lawful regulatory powers and rights as the same may be
from time to time vested in the City shall be in full force and
effect and sub�ect to the exercise thereof by the City at any
time and from time to time.
Section 11. The Company, its successors and assigns, shall
protect and hold City harmless against all claims for damages
or demands for damages to any person or property by reason of
the construction and maintenance of its electrical lighting and
power system, or in any way growing out of the granting of this
franchise, either directly or indirectly, or by reason of any
�act, negli�ence, or nonfeasance of the contractors , agents , or
employees of Company, its successors or assigns, and shall
refund to City all sums which it may be adjudged to pay on any
such claim, or which may arise or grow out of the exercise of
the rights and privileges hereby granted, or by the abuse
thereof, and Company, its successors and assigns, shall
indemnify and hold the City harmless from and on account of all
damages, costs , expenses, actions , and causes o.f action that
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may accrue to or be brought by any person, persons , company or
companies at any time hereafter by reason of the exercise of
the rights and privileges hereby granted, or of the abuse
thereof. ��? '�
.��
Y.
Section 12. � In granting this franchise, it is understood
that the lawful power vested by law in the City to regulate all
public utilities within City, and to regul.ate the local rates
of public utilities within the City within the limits of the
Constitution and laws , and to� require all persons or
corporations to discharge the duties and undertakings , for the
performance of which this franchise was made, is reserved ; and . ,
this grant is made sub�ect to a11 lawful rights , powers , and ,
authorities , either of regulation or otherwise, reserved to the �.
City by law. � .
Section 13. This fra�ch3.se replaces all foraaer franchise
agreements or ordinances with the Company.
Section 14. The Company shall , within thirty (30) days
from the date this Ordinance is passed and approved , file with
the City a written statement signed in its name and behalf, in
the following form:
"To the City of Friendswood , Texas :
"The Company for itself, its successors and assigns , hereby
accepts the above and fore�oing Ordinance and agrees to be
bound by all of its terms and provisions .
HOUSTON LIGHTING & POWER COMANY
By•
.
� "Dated the day of , 198_.
Section 15. zf: any provision, section, subsection,
sentence, clause, or phrase of this Ordinance is for any reason
held to be unconstitutional, void or invalid (or for any reason
unenforceable) , the validity of the remaining portons of this
Ordinance shall not be affected thereby, it being the intent of
the City in adopting this Ordinance that no portion thereof or
provision or regulaCion contained herein shall become
inoperative or fail by reason of any unconstitutionality or
invalidity of any other portion, provision or regulation, and
to his end, all provisions of this Ordinance are declared to be
severable.
Section 16. This Ordinance shall take effect and be in
force from and after its passage and approval, and upon
acceptance by the Company, the term of this franchise shall
begin and continue in accordance with Section 2 hereof.
PASSED AND APPROVED on first reading this the 4th day of
JUNE , 198 4 .
PASSED AND APPROVED on second reading this the 16th day of
July , 198 4 .
PASSED, APPR�VED AND ADOPTED on third and final reading
this the 20th day of August , 1984 .
v�, 6-c�---�
Mayor Ralph L . Lowe
ATTEST:
ity Secretary D o s cKenzie
THE STATE OF TEXAS §
§
COUNTIES OF HARRIS AND GALVESTON §
I, Deloris McKenzie, the duly appointed, qualified and
acting City Secretary of the' City of Friendswood, Texas, hereby
certify that the above and foregoing ordinance of the City of
Friendwood was passed at the regular meeting of the City
Council of the City of Friendswood held on the 20th day of
August , 198 4 ; that written notice of the date,
hour, place and subject of said meeting was posted for at least
seventy-two (72) hours preceding the scheduled time of said
meeting on a bulletin board located in a place in the city hall
which is convenient and readily accessible to the general
public at all times ; that the Mayor and Councilmen Brown ,
Branham , Newman , Jordan! Srhracl r ,
and Wicklander were present at said meeting and acted
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' _ . R. . . . � . .. . . . , .
+ . . � . . . ... .y � '
as the City Council throughout ; that the same has been approved
by the Mayor and is duly attested by .`the City Secretary;; and
� , . .� ' . .. , ' . .. .� ..�A� , . � . . . .
that the same has been duly engrossed and enrolled in the
records of the City of Friendswood , Texas.
EXECUTED UNDER MY HAND and the official seal of the City of
Friendswood, Texas , this 23rd day of Au�ust , 198 r: �-
.r -
F
elor s McKenzie, Cit Secretary
City of Fr.�.endsw od, Texa.s _r
4 i . .� . . . ....
(s�)
To the City of Friendswood , Texas : :;:`�;;�';,
� ��}' ;-
The Company for itself, its successors and assigns , hereby, '�.�;,::;�
accepts the .�above and foregoing ordinance and agrees to be
bound by all of its terms and provisions . ' �
HOUSTON LIGHTING & POWER COMPANX;�.`+ ; :�'��'':�;- � '
,.- .
By:
. D. ddcQC, Vice P sident
Dated the 29 day of Au�ust , 1 4 .
THE STATE OF TEXAS � '
§ � ��;��s' �
COUNTIES OF HARRIS AND GALVESTON § �
I, Deloris McKenzie, the duly appointed, qualified and
acting City Secretary of the City of Friendswood, Texas , hereby
certify that the above and foregoing Acceptance was received
and filed in the office of the City Secretary of the City of
Friendswood, on the S�7r,G/ day of �c�orc,ml3e,� , 1981�/ .
EXECUTED UNDER MY HAND and the office seal of the City of
.Friendswood, Texas , this ST� day of �iD7cn, Q�2 , 98�/ .
� Delo is Mc enzie, C ecretary
City of Friendswood, Texas
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