O12ORDINANCE
-AN' ORDINANCE 7:7i-BY THE TI-LLALE OF KINNZDALE, TEXAS, AND THE T7,743
ELECTRIC =NICE COEPAN1- AGREE TEAT THE TEXAS ELECTRIC S7R-VICE maLny SHALL
CONTINUE TO ERECT AND MAINTAIN ITS ELECTRIC LiclaT AND PO LIN7S WITH =
NECESSARY OR DESI=LE APPURTENANCES (INCLUDING UNDERGROUND CONDUITS, POLES,
TOMERS, WIRES AND TRANSMISSION LINES) AND THE VILLAGE GRANTS ITS CONSENT FOR
THE USE OF ITS PRESENT AND FUTURE STREETS, ALLEYS, HIGHWAYS, AND PUBLIC GRaanDs -
IN SAID -VILLAGE, UNDER REGULATIONS= P7STRICTIONS AS STATED TP7P7IN AND THAT
TR74 TILLAGE OF KENNEDALE, SHAV, RECEIVE L.N ANNUAL PAYWTNT FOR SAVT-', ALL S THILLN
PRO VIDED.
BE IT ORDAINED BY T77. COUNCIL OF T11E \JIL1,AGB OF r,dNEDALE, TEXAS:
Section 1. That the Village of Kennedale, Texas, herein called "Village
hereby grants its consent to the use of its present and future streets, alleys,
highways and public grounds by Texas Electric Service Company, its successors and
assigns, herein called nCompany", for the eurposes of constructing, maintaining and
operating in the present and future streets, alleys and public places of the Village
of Kennedale, Texas, and its successors, electric light and power lines, with all
necessary or desirable appurtenances (including underground conduits, poles, towers,
wires and trarsnission lines, and telegraph and telephone lines for its own use)
for the purpose of supplying electricity to the said Village, the inhabitants thereof
and persons and corporations beyond the limits thereof, for light, heat, power and
other purposes; said consent being granted for a term of thirty (30) years from the
date this Ordinance is adopted and approved.
Section 2. Poles or towers shall be so erected as not to unreasonably
interfere with traffic over streets and alleys.
Section Z. Company's property and operations in the Village shall be
subject to such regulation by the Village as may be reasonably necessary for the
protection of the general public,
Section 4. Company shall hold the Village hariiaess fraa all expense or
liability for any act or neglect of the Company hereunder.
Section 5. In consideration of the grant of said privilege and franchise
by the Village and as full payment for the Privilege of using and occupying the
streets, alleys, highways, easenents, parks and other public places within the
Village, and in lieu of any and all occupation taxes, easements, and franchise taxes
(whether levied as an ad valoran, special or other character of tax), and in lieu of
license anet inspection fees or charges, street taxes, street or alley rentals and of
all other taxes, charges, levies, fees and rentals of whatsoever kind and character
which the Village may impose or hereafter be authorized or empowered by law to levy
and collect, excepting only the usual general or special ad valorem taxes which the
Village is authorized to levy and impose upon real and personal property, the Company
(Texas Electric „Service Company and its assigns) shall pay to the Village of Kennedale,
Texas, annually and on or before March 15 of each year during the term hereof, beginning
ldarch 15, 1948, an amount eouivalent to two (2) percent of the gross revenues received
by the Company, its successors and assiL,ns, during the preceding year from sales of
electricity within the corporate limits of said Village, exclusive of sales to federal,
state and municipal customers and exclusive of sales to industrial and other customers
excluded frost taxation under the provisions of the regulations of the Treasury -Depart—
ment of the United _States, Article 40, Regulations 42 as amended by TD 4595, September
20, 1953, TD 4570, July 24, 1935, and TD 4751, July 21, 1937. On or before the 15th day
of March of each year a report shall be filed with the Village by the Company showing
its gross revenues as aforesaid for the Preceding year, and the payment made hereunder
shall be based upon said report.
Section 6. Nothing herein contained shall ever be held or construed to
confer upon the Compsry exclusive rights or privileges of any nature whatsoever.
Section 7. This ordinance shall be cumulative and in addition to the other
permits end, franchises granted and ordinances owned, held or claimed by the Company
provided, however, that all ordinances or parts of ordinances that conflict herewith
are hereby repealed.
J
Section 8. This ordinprce shall not become effective until the Company
has accepted the sane in -Jriting. Said acceptance shall be given to the Village
by the Comcany within EC days after final -passage hereof.
Adopted and
approved this the 6th day of January, A. D. 1948.
(Signed) A. L. Bulin
Mayor ofKennedale
(Signed) Allene Lm-ig±ord
City Secretary
STATE OF TEX4S
COUNTY OF TAHRPNT
I, allene Langford, secretary of the Village of Kennedale, Texas, hereby certify
that the foregoing is a true and correct copy of Ordinance whereby the Tillage of
Kennedale, Texas, and the Texas Electric Service Company agree that the Texas
Electric Service Company shall continue to erect and maintain its electric light
and power lines with all necessary or desirable appurtenances (including under-
ground conduits, Poles, towers, wires and transmission lines) and the Village
grants its consent for the use of its present and future streets, alleys, highways
and public grounds in said Village, under regulations and restrictions as stated
therein and that the Village of Kennedale, Texas, shall receive payment for same,
all as therein provided.
11.21T1\TESS MY Pc_1-.2,TD AND EL.'" TRTB T1-17 6th DAY OF JIJETI.s.1-T.f, 1948.
(Signed) Merle Langford
Secretary .
Village of Kennedale„ Texas
ACCEPTANCE
UHEIEB, the City Council of the City of Kennedale, Texas, (9-id on the 10th
day of June, 1948, enact an ordinance entitled:
'IAN ORDINANCE ITTEBY TREE CITY OF EINNEDALE, T7Y43., AND TAT BOUT=STERN
Blr.MM TELEFRONE COMPANY AGREE TEAT TEL TELE1-ELNE COMPANY BEALL CONTINUE TO ERECT AND
=NT:ATN ITS POLES, ITIRES, ANCHORS, CABLES, MANEDLIT, CONDUITS, IND OTHER PLANT CON-
STifuCTION fi.ND APPURTENANCES, ALONG, ACROSS, ON, OvER, THROUGH, ABOVE AND UNDER ALL
.PUBLIC STREETS, .11ArEnulls, ALLEYS, PUBLIC GEOUNTO AND PLACES INS= CITY, UNDER REGU-
LATIONS _,AND PaSTETCTIONS AND TEAT TT-71z: CITY SELL RECETVE AN _ANNUAL PIMENT 103 TEE
RIG7T TO USE CEEDAIN FACILITIES OF TEE TELEPHONE COMPANY, ALL AB R7REIN PROVIDED:
and
WHEREAS, said ordinance was on the 10th day of June, 1948, duly approved
by the Mayor of said City and the seal of said City was thereto affixed and attested
by the City Secretary:
NOP, VITPTTORE, in compliance with the terms of said ordinance as enacted,
approved and attested, the :Southwestern Bell Telephone Company hereby accepts said
ordinPnce and files this its written acceptance with the City Secretary of the City
of Kennedale, Texas, in his office.
Dated this 13-th day of Jnly, 1948.
EOUTHTESTE2N BELL TEL—HONE C014FANY
By
First Vice President
4ssistant Secretary
Acceptance filed in the office of the City Secretary of Kennedale, Texas,
this day of 194xig
PASSED AND APPROVED THIS THE 18th DAY OF NOV:MEER A.D. 1W,.7.
APPROVED:
A. L. Bulin
Mayor
ATTEST:
City :Secretary
TEXAS ELECTRICZERVICE comakyy
FORT WORTH, TEXAS
January 12, 1948
TO THE HONORABLE 1L4a0R. A_ND ALDER/
VILLAGE OF 71TNITTT)ALE
IMMTKiVLE, TEXAB
Gentlemh:
Referring to the Ordinance entitled "AN ORDINANCE WHEREBY THE VILLAGE OF
KENNEDALE, TEXAS, AND THE TEXAS ELECTRIC SERVICE CalEANY: AGRE1,, THAT TEE TEXAS ELEC-
TRIC SARVICE COLT= SHALL CONTINUE TO 7F7CT AND MAINTAIN ITS ELECTRIC LIGHT AND
POWER LINES UITE:ALL NECESSARY 02 ITSIRABLE APFURTENANCES (INCLulaNG UNDERGROUND
CONDUITS, POLES, TOWERS, TIP -FP AND TRAnSESSION LINES) AND THE TILLATE GRANTS ITS
CON,SENT FOR THE USE OF ITS PRESENT AND FUTUFT .01377°,TS, ALLEYS, EEGHNATS AND PUBLIC
GROUNDS IN SAID VILLAGE, UNDER REGULATIONS AND RESTRICTIONS AS STATED TFEREIN AND
THAL' THE VILLAGE OF 77TTNEDALE, TT7A-S, SHALT, RECEIVE AN ANNUAL PAIW7NT FOR SAME, ALL
AS T1-TE'-'7TN PROVIDED," adopted by the Village of Kennedale, Texas, on the 6th day of
January, A. D. 1948.
This is to evidence acceotance by TEXAS ELECTFIC SERVICE CaLFANE of said
Ordinance and the terns thereof.
WITNESS TF7 HAND AND SEAL Of SAID CORPORATION, this the 12th day of
January, A. D. 1948.
TEXAS ELECTRIC SERVICE COMPANY
By
J. B. Thomas, President
ATTEST:
F. W. Rogers, Secretary