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1977-027179RESOLUTIONNO. 77-27 0 A RESOLUTION REQUIRING TRI -COUNTY ELECTRIC COOPERATIVE,INC. TO FURNISH INFORMATION TO THE CITY OF SOUTHLAKE, TEXAS AND PROHIBITING EXPANSION UNDER CERTAIN CONDITIONS WHEREAS, Tri -County Electric Cooperative,Inc. has been requested by the City of Southlake, Texas by letter of July 7, 1977 for location of its existing lines in the City of Southlake, Texas approximately January 9, 1959; and, WHEREAS,four maps called Detail Maps 35,37,38 and 39 furnished by Tri -County Electric Cooperative,Inc. to the City covering location of lines between the periods of February 9, 1948 and January 24, 1966 failed to disclose any distinguishing locations as of the date of approximately January 9, 1959; and, WHEREAS, the franchise agreement between the City of Southlake, Texas and Tri -County Electric Coopegtive,Inc., being Ordinance 123 of the City of Southlake, Texas provides in part that "Nothing herein contained shall ever be held or construed to confer upon the Cooperative exclusive rights or privileges of any nature whatsoever. In accepting this ordinance and the rights granted hereunder Tri -County Electric Cooperative,Inc. agrees that its lines shall extend no further toward the lines of Texas Power and Light Company than an imaginary boundary line equal distance between the existing lines and facilities of Tri - County Electric Cooperative and the existing lines of Texas Power and Light Company. The Cooperative further agrees not to cross the existing facilities of Texas Power and Light Company."; and, WHEREAS, The City Council finds that on the evidence reviewed to date, Tri -County Electric Cooperative, Inc. appears to have violated said franchise agreement; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1: That Tri -County Electric Cooperative,Inc. by no later than October 1, 1977 furnish the City of Southlake, Texas the names and addresses or map locations of customers within the City of Southlake, Texas on January 9, 1959 or the nearest billing date after January 9, 1959. W SECTION 2: That Tri -County Electric Cooperative, Inc. furnish the City of Southlake, Texas by no later than September 1, 1977 the names and addresses of its customer billings within the City of Southlake, Texas as of the first billing prior to September 1, 1977. SECTION 3: That Tri -County Electric Cooperative,Inc. make no further service connections with6ut the prior approval of the City of Southlake, Texas in any area within the City's corporate boundaries which would violate the territory defined in Section 6 of Ordinance 123 of the City of Southlake, Texas, such Section 6 being fully stated heretofore in this resolution. SECTION 4: That the City Secretary is hereby directed to send a copy of this resolution to the General Manager of Tri -County Electric Cooperative,Inc., Azle, Texas as notice hereof, and it is so resolved. PASSED AND ADOPTED by the City Council, City of Southlake, Texas, on this day of August, 1977. CITY OF SOUTHLAKE, TEXAS May -or ATTEST: City Secretary it Attorney -- 11