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1977-028IRESOLUTION NO. 77-28 A RESOLUTION REQUIRING SUPPLIERS OF ELECTRICAL POWER TO SERVE CUSTOMERS IN THE CITY OF SOUTHLAKE, TEXAS IN AN EQUITABLE MANNER WHEREAS, both Texas Power and Light Company and Tri -County Electric Cooperative,Inc. are the holders of franchises from the City of Southlake, Texas under which the conditions of services are established; and, WHEREAS, both utility companies have been certified by the Public Utility Commission to generally serve the customers within the City of Southlake, Texas; and, WHEREAS, Tri -County Electric Cooperative,Inc., by Section 6 of Ordinance 123 of the City of Southlake, Texas, also being the franchise agreement between the parties, designates an area in which the said Tri -County Electric Cooperative, Inc. has not been granted a franchise in which to operate; and, WHEREAS, the City of Southlake, Texas has received numerous complaints concerning a customer not having the right to choose its electric power supplier; and, WHEREAS, the City Council of the City of Southlake, Texas desires to require its franchisees to perform their obligations as set forth in such franchise agreements; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1: That both Texas Power and Light Company and Tri -County Electric Cooperative,Inc. are hereby instructed to provide electrical service to all residents of the City of Southlake, Texas who request in writing such service from a particular utility company, such utility company selected by such customer shall furnish such service subject to the requirements of the franchise agreement between the city and such power company and subject to the cost to furnish the facilities for serving such dustomer by the particular utility being feasible under reasonable business practices. SECTION 2: That this resolution is applicable to both present customers of either of said utilities as well as future customers. SECTION 3: That any new service to a customer which would be in an area where Tri -County Electric Cooperative,Inc. would, by serving said customer, violate Section 6 of Ordinance 123 of the City of Southlake, Texas, shall not be commenced without prior approval of the City of Southlake, Texas. 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, and to the General Manager of Texas Power and Light Company, Grapevine, Texas, as notice hereof, and it is so resolved. PASSED AND ADOPTED by the City Council, City of Southlake, Texas, on this ,—"d -day of August, 1977. CITY OF SOUTHLAKE, TEXAS by : Mayor ATTEST: City Secretary APPROVED: City Attorne ' OF