HomeMy WebLinkAboutORD 732 - ORD Public Hearing for considering & Granting Franchisee Houstoon Lighting & Power Co
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ORDINANCE NO. 732
AN ORDINANCE OF TEE CITY OF WEST UNIVERSITY PLACE, TEXAS,
CALLING A PUBLIC HEARING FOR ~EE PURPOSE OF, CONSIDERING TEE
GRA:NTING OF A FRANCHISE TO HOUSTON LIGHTING & POWER COMPANY
FOR A TERM OF FIFTY (50) YEARS; ESTABLISIUNG A TIME:, PLACE
AND DATE FOR SUCH HEARING; QUOTING TEE ORDINANCE TO BE CON-
SIDER.ED AT .SUCH' PUBLIC BEARING; AND DIRECTING THAT A 'COPY OF
THIS ORDINANCE BE PUBLISEED IN TEE HOUSTON CHRONICLE, TEE
OFFICIAL NEWSPAPER OF TEE CITY OF WEST UNIVERSITY PLACE AT
LEAST ONE TIME TEN DAYS PRIOR TO TEE DATE OF SUCH PUBLIC
BEARING. '
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, . BE IT, ORDAINED BY TEE BOARD OF COMMISSIONERS OF THE CITY OF WEST UNIVER-
SITY PLACE:
Section 1. Houston Lighting & Power Company having heretofore applied in writing
for the grant of a franchise for a term Of fifty (50) years, the Board of Com-
missioners of the City of West University Place, Texas, hereby calls a public
hearing to be held in the City Hall of the City at 3800 University Boulevard in
said City at 8:00 o'clocK P.M., on the 9th day of December, 1957, at which time
and place all inteTested persons are invited to appear and be heard on whether
the proposed franchise should or should not be granted. ;
Section 2. At the said public hear,ing, called by Section 1 of this ordinance"
all interested persons may appear and show cause why the following proposed fran-
chise ordinance should or should not be granted, the terms of the proposed fran-
chise ordinance being as follows:
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AN ORDINANCE GRANTING TO HOUSTON LIGHTING & POWER COMPANY,
ITS SUCCESSORS AND ASSIGNS" TEE RIGHT, ~IVILEGE AND FRANCHISE.
TO CONDUCT WITHIN THE CITY AN ELECTRICAL LIGHTING AND POWER
BUSINESS AND TO ERECT, CONSTRUCT, MAIm'AIN" OPERATE, USE" EX-
TEIilD, REMOVE, REPLACE AND REPAIR IN" UNDER, UPON, OVER, ACROSS
A:ND ALONG ANY AND ALL OF THE PRESENT AND FurURE PUBLIC' ROADS"
HIGHWAYS, STREETS, LANEBAIilD ALLEYS OF TEE CITY AND OVER AND "
ACJ:{OSS ANY STREAM OR S~~', BRIDGE OR BRIDGES, NOW OR EERE-
AFTER OWNED OR CO:NTROLLED BY IT A SYSTEM OF POLES ,POLE LINES,
TOWERS, TRANSMISSION LINES, WIRES;' GUYS" CABLES, COIilDUITS AND
OTHER DESIRABLE INSTRUMENTALITIES AND APPURTENANCES (INCLUDING
TELEGRAPH AND TELEPHONE POLES .AND WIRES FOR COMPANY'S OWN USE)"
NECESSARY OR PROPER FOR THE SUPPLY AND DISTRIBUTION OF ELECTRI-
CITY FOR LIGHT, POWER .AND BEAT, AND FOR ANY OTHER PURPOSE FOR
WHICH ELECTRICITY MAY BE USED" TO TEE MUNICIPALITY AND INHAB-
ITANTS OF TEE. MUNICIPALITY, OR ANY OTHER PERSON OR PERSONS FOR
A PERIOD OF FIFTY (50) YEARS; REGULATING TEE USE OF STREETS BY
TEE COMPANY AND TEE REPAIR AND RESTbRATION OF STREETS DISTURBED
BY CONSTRUCTION; CONrAINING A CONTRACT BY THE COMPANY TO. FURNISH
FIRST-CLASS SERVICE AND TEE GRADE OF SERVICE TO, rrs CUSTOMERS AS
PROVIDED BY ITS RATE SCHEDULES EXCEPr UNDER COIilDrrIONS BEYOND
THE COMPANY'S CO:NTROL; PROVIDING FOR TEE TEMPORARY REMOVAL,
RAISING.AND LOWERING OF WIRES AND OTHER APPURTENANCES AND ES-
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:TABLISHING STANDARDS FOR TEEIRCONSTRUCTION; PROVIDING FOR COMPEN-
SATIoN TOm: PAID TO THE CrrY;PROVIDING FOR USE BY THE CITY FOR ITS
TRAFFIC SIGNAL LIGHrSYSTEM AND ITS POLICE AND' FIRE'ALARM SYSTEM OF
CERTAIN, WIRE AND CONDUIT, SPACE'; PROVIDING THAT, THIS. F~CHlSE SHALL
NOT BE EXCLUSIVE; PROVIDING THE COMPANY'S OBLIGATION TO FURNISH EF-
FICIENT,SERVICE' AT REAsONABLE RATES; PROVIDING A SEVERABILITY CLAUSE;
RESERV'D1GALLPOWERS OF REGULATION; PROVIDING FOR IIilDEMNITY.BY TEE:
COMPANY'TO THE CITY; MAIcrNGPROVISIONS WITH RESPECT TO MORTGAGES;
MAKING MISCELI.dOO:OUS PROVISIONS RELATIVE TO THIS, GRANT OF FRANCHISE;'
REPEALING ALL PREVIOUS ELECTRICAL LIGHrING' AND POWEIi FRANCHISE ORDI-
NANCE$ ; PROVIDING FOR ACCEPTANCE BY TEE COMPANY; AND PROVIDING AN
EFFECTIVE DATE .
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BE IT ORDAINED BY TEE CITY COMMISSION OF TEE CITY OF WEST UNIVERSITY , '
PLACE:
Section 1. That, subject to the terms" conditions and prOVisions of this, ordinance,
the City of West University Place, Texas, hereinafter referred to as I1City",does
hereby grant unto Houston Lighting &,POw'er Company, hereinafter called "company'!,
its successors and ,assigns, the right, -priVilege and franchise to conduct within. the
boundaries of the City, as such boundariesnow'exist or may hereafter be extended,
an electrical lighting and power business and to erect, construct, maintain, oper-
ate, use, extend, remove" replace and repair, in, under" upon; over, across and
along any and all of the present and future publiC roads, highways, streets"l8.nes
and alleys owned or controlled by the City, and over and across any stream or
streams, bridge or bridges, now or hereafter owned or controlled by City, a system
of poles, pole lines, towers, transmission lines, wires, guys, conduits, cables
and other desirable instrumentalities and appurtenances (including telegraph and
telephone -poles and wires for use of Company ), necessary or proper for the -purpose
of carrying, conducting; supplying, distributing and selling to the mUnicipality
and the inhabitants of said City or other -person or -persons, firms or corporations"
electricity for light, power and heat" and for any other -purpose' for whichelectri-
city may be used; to carry, conduct, sJipply and distribut~ electricity by means e>':t'
said poles, pole lines, towers, transmission lines, cond~;tts, cables or other instru-
mentaliti.es, and to sell same to said City and inhabitants thereof, or to any other
person or persons, firms or corporations. "
Section 2.
hereunder,
fifty (5b)
Upon the ficling with the:City by the
this franchise shall be in full force
years from and, after the da;V of
Company of the acceptance required
and effect for a term,and-period of
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Section 3. All poles erecte9. by the Company -pursuant' to the authorfty herein granted
shall be of sound material and reasonably straight, and shall be so set that they"
will not interfere ';>lith the flow of water in any gutte~ or drain, and so that the
same will interfere as little aspracticible with the ordinary trave~, on the streets,
sidewalks,' or other public ways. Within-the streets or other public w.ays of the City,
the location and route of' all poles, stubs, guys, anchors, lines, 'conduits and cables
placed and constructed and to be placedat1d constructed by Company in'the construction
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and maintenance of its "electrical lighting and power system in the City, shall be 0'
~ubjectto the ~easonable and proper :regulation, control and direction of the
City, or of any City official to Whom such duties have been or may be duly dele-
gated". which regulation and contro'l shall -include, but not by way of limitation"
the right to require in writing the relocation of Company facilities, exclusive
of street lighting and facilities installed for service directly to t4e 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, streets, lanes" alleys, or
other public place disturbed by Company in erecting, constfucting,maintaining,
operating, using" extending, removing, replacing or repairing its electrical
lighting and power system shall be restored immmediately after the completion of
the work to as good a condition as before the commencement of the work and main':"
tained to the satisfaction of the City, or of any City official to whom such
duties have been or may be duly delegated, for one year from the date the,surt'ace
of said public road, highway, street, land, alley, or .other public place is
_ broken for ,such construction, maintenance or, removal work, after w;hich time re-
sponsib_ility for the maintenance shall bec,ome the, duty of the City. No public
rO,ad, highway, street, lane, alley, or other public place shall be encumbered by
construction, maintenance or removal work by Company for a longer period.' than
spall be necessary to execute such work.
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Section 5. The servi~e fur:nished p.ere:under to the City ano. its inhabitants shall
be firs~-class ~n all resp~cts, conSidering all circumstances, and Company shall
furnish the ,grade of service to its custpmers as provided by its rate schedules
and shall ~intain its syst~m in reasonable operating condition during the pontin-
uance of th.:Ls agreem,ent. An exception to this requirement is automatically in
effect when due to shortages in materials, supplies and equipment beyond the con-
trolof the Company and when due to,f;ires" strikes, riots, storms, floods, war and
other casualties, and when due to Governmental regulations,. limitations. andre-
strictions as to the' Use and availability ,of materials, supplies and equipment and
as to the'use of the services, and when due to' unforeseen and. unusual demands for
service. In a~y of which events the Company shall do all things reasonably within
its power to restore nprmal serv.ice.'
Section 6. The Company on the written req.uel:?t of any person shall remove or raise
or lower its wires temporarily to permit construction work in the vicinity thereof
or to permit the ~oving of houses or other bulky structures. The expens~ of such
temporary removal, raiSing or lowering of wires shall be paid by the benefitted
party or parties, fl,nd 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 forty-eight (48) hours adyance
notice to arrange for such temporary wire changes. All of Company's lines for the
transmission and d,istribution of electrical energy, located within City, shall b~
constructed, operated and maintained, as to clearatices, in accordance with the
National Electrical Safety Code, as published in March, 1948, by the National'
Bureau of Standards" Handbook 30;provid.ed, however, nothing herein shall impair
the right of the City in the future by ordinance to adopt and require compliance
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with a.ny'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 the
su,m of $500 plus a sum equal to 4% 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 corporate limits of -the city.
Payment shall be made by the 15th day ofea~h February 'for thepre'ce'ding calendar
year. For fractional calendar years said $500 shall be proportionately reduced ' ,.".'
_ and, said 4% shall be based upon the gross receipts for that part of the ye8;.r involved..
Said paYments shall be in lieu of any license charge or fee., street or fl.lley rental,
or other character of charge or levy by the City for the- use or, occupancy of the
public roads, highways" streets; lanes, alleys or other public places in the City
and in lieu of any Pole tax or inspection fee tax.
Section 8. In addition to the considerationsse'J:; forth in Section 7, the Company
shall hold itself ready to furnish, free of charge, subject to the use of the City,
such pole space as may be required from time to time for the installation of City
owned traf;fic, police and fire alarm system conductors; provided such conductor
space does not exceed the capacity of one crossarm on any one pole and provided '
such space ,is then ,available on existing poles. The specific location for these
traffic, police and fire alarm conductors on Company poles shall be determined by
the Company and will be allotted at the time specific applications for space are
received from the City. All City traffic" pOlfceand fire alarm circuits on Com-
pany poles sha'll be installed in strict compliance with the applicable-provisions
of the National Electrical Safety Code" Handbook 30, as published i:n March, 1948',
by the United Sta.tes Department of Commerce" Bureau of Standards; provided, how-
ever" nothing herein shall impair the right of the' Ci ty in the future by ordin-
ance to 'adopt any new, amended or reYis~d code, or by ordinance to specify such
further or different standards as may be found to be in the public interest.
Where ,main underground duct lines are located between manholes" the Company shall
permit free of charge the installation in one interior duct by the City of its '
traffic" police or fire alarm signal. cables ; provided space is available in an in-
teriorduct not suitable for power circuits without interf.erence with the Com- .
panyts system neutral conductors. All cab~esinstalled by the City in Company
ducts shall be of the non-metallic sheatlitype to prevent corrosive or electro-
lytic action between City and Company owned cables. A request for d'uctassign-
ment shall in each instance be submitted to the Company and a sketch showing
duct allocation shall be r~ceived from the Company prior to the installation of
City cables in Company own$d duct lines. All City owned conductors and cables,
whether on poles or in duct lines; shall be constructed,. maintained and operated'
in such manner as to not interfere with or create a hazard in the operation of
the Companyts electrical transmission and distribution system. It is further
agreed that the Company shall not berespo'nsible to any party or parties whatsoever
for any claims, demands, losses, suits, judgments for datnages or injuries to persons
or property by reason of the construction" maintenance, inspection or use of the'
traffic signal light system or polit:e, and fire alarm s.ystenis belonging to the City
and constructed uponCompanyt,s poles or in its ducts, and the City shall indemnifY
and hold the Company harmless against all such' cl8.':i,ms, losses, demands, suits and
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judgments" but the 'City does not, by this agr.eement, admit primary liability to 0
any third party by reason of the City's operation and use of such police and fire ,
alarm wires~ such being a function of government.
Section '9. Nothing contained in this ordinance shall ever be construed as con-
ferring upon Company any exclusive rights or privileges of any nature whatsoever~'
Section 10. It shall be the Company"s obligation as provided in Section 5 hereof
to furnish efficient electrical service to the public at reasonable rates and to
maintain its proper-ty in good repair and working order, except whe'n prevented,
from so doing by forces and conditions not reasonably within the control of .Company.
Should Company fail or refuse to maintain its properties in good order and furnish
efficient service at. all times throughout the life of this"grant, except only vThen
prevented from so doing by forces and conditions not reasonably within the control
of the Company, or should the Company fail or refUse to furnish efficient service
at reasonable rates,. lawfully determined by the City, throughout the life of this
grant, excepting only during such periods as the Company shall in good fa-ith and
diligently contest the reasonableness of the rates in question, then it shall pay
to the City the ~um of TWenty-Five Dollars ($25) for each day it shall so fail or
refuse after reasonable notice thereof and a hearing thereon ,by the C,ity. Any
suit to recover s~ch sum shall be filed within one year from the date of accrual.
Section 11. If any provision, section, sub-section~ sentence, clause, or phrase of,
this ordinance is for any reason held to be unconstitutional, void or invalid (or
for anyrea60n unenforceable), the validity of the remaining portions of this ordin-
anceshall not be affected thereby, it being the intent of the City in: adopting
this ordinance that no portion thereof or provision or regulation contained herein
shall become inoperative or fail by reason of any unconstitutionality or invalid-
ity of any other portion" provision or regulation, and to this end, all provisions
of this ordinance are declared to be. severable.
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Section 12. The City by the granting of this franchise does not surrender or to
any' extent' lose, waive, impair or le'ssen the lawful powers and rights, now or, here-
after, 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~~ b~' ,in full
force and effect and subject to the exercise thereof by the City at any time and
from time to time.
Section l~~ The Company, its successors and assigns, shall protect and hold City
harmless against all claims for damages or demands for da1i1ages to any person or '
property by reason of the construction and maintenance of its electrical lighting
power system, or in anyway growing out of'the granting of this franchise~ either
directly'or indirectly, or by reason of any act, negligence or nonfeasance of the
contractors, agents or employees of Coinpany,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 excercise'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. of action that, may accrue to or be brought by any 0
p~rson, persons, company or companies at any time hereafter by reason of 'the exer-
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cise of the rights and privileges hereby granted, or of the abuse thereof.
~ Section 14. The City recognizes that Company ,finances a substantial portion of its
construction, improvements and extensions with funds obtained through the issuance
of bonds secured by a mortgage upon the properties of the Company. In order to
facilitate the construction, extension and improvement of Company's facilities and
to insure . the discharge of Company's obligations under this franchise the City agrees
that in the event Company's mortgaged property shall be sold under a foreclosure of a
mortgage thereon, all rights andinterests of Company in and under this franchise may
be sold and as,signed to any patty purchasing all or a substantial part of the mort-
gaged property located within the City.
Section 15. 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 reg-
ulate the local rates of public utilities within the City within the limits of its
charte~ and the Constitution and laws of the State of Texas and to require a11
persons or corporations to discharge the duties and undertakings, for-the perform-
ance of which this$ranchise was made, is reserved; and this grant is made subject
to all laWful rights, ppwers and authorities, either of regulation or otherwise,
reserved to the City by its charter and the general laws o~ the State of Texas.
,Section 16. This franchise replaces all former franchise agreements or ordinances
with Company, or its predecessors, which are hereby repealed" such repeal to be
'e~rective upon the date operations are started under this franchise.
Section l7. The Company shall" within thirty (30) days from the date this ordinance
is adopted on its third and final reading, file with the City a written statement
signed in its name and behalf in the following form:
liTo the City of West University Place:
liThe Company for itself, its successors and
assigns; hereby accepts the above and foregoing
ordinance and ~gre~s to be bound by all of its terms
and provisions.
HOUSTON LIGmING & POWER COMPANY
By
"Dated the
, 19.
II
.
day of
Section 18. This ordinance shall take effect and be in force sixty (60)'days after
its adoption on its third and final reading" and, after this ordinance has then
been accepted by the Company, the term of this francnise shall pegin and continue
in accordance with Section 2 hereof.
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'Passed first ~eading ,(in full) the
day of
Pass-ed second reading (in ful"J.)the
, 19~.'
, ,19_.
day of
Pass.ed third and final reading (in full) the
,19_
day of
Adopted this the
day of
, day of
, 19
.
Approved this the
, 19
.
MAYOR
ATTEST:
CITY SECRETARY'
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Section i. The. City Secretary of the CitY'Of west University ~lace is hereby di~
rected to cause this ordinance to be published in The Houpton Chronicle; the of-
ficial newspaper of said City of West University place at least one time.ten days,
prior to the date established for said' public hearing~ excluding the day of such
publication. Such publication of such ordinance shall serve as notice to the gen-
eral public of the ~earing required by Article XX, Section 1, of the charter of 'the
City of West University Place" Texas. ' ,
P~f3EDANILAFPROVED THIS TEE. 25TH DAY OF NOVEMBER, 1957..
COMM:J:SSIOIilERS VOTING AYE: ALL
ATrE~: .~~
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CITY Y',
STATE OF TEXAS . ,)
,COU:NTY OF HARRIS' )
NONE
. I" Whitt Johnson, City Secretary of the City of west University Place, certify that
the above and foregoing o:tdinance was duly passed and approved by the Board of Com-
missioners of the City of West University Place, Texas" on the date set forth above
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and I order the same published in The Ilouston Chronicle as official notice of
the public hearing to be held in the City Hall, 3800 University Boulevard, in
, said City" on the 9th day of December" 1957, at which time and place all inter-
ested persons may appear and be heard.
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