1292 OrdinanceORDINANCE NO. 1292
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS GRANTING TO TRI-COUNTY ELECTRIC
COOPERATIVE, INC., A TEXAS ELECTRIC COOPERATIVE
CORPORATION, ITS SUCCESSORS AND ASSIGNS THE RIGHT,
PRIVILEGE, AND ALL NECESSARY EASEMENTS TO CONDUCT THE
BUSINESS OF OPERATING AN ELECTRIC COOPERATIVE UTILITY IN
THE CITY OF SOUTHLAKE, TEXAS IN ALL AREAS OF THE CITY IN
WHICH TRI-COUNTY ELECTRIC COOPERATIVE HAS THE RIGHT TO
SERVE; GRANTING THE RIGHTS TO USE AND OCCUPY PRESENT
AND FUTURE STREETS, AVENUES, ALLEYS, ROADS, BRIDGES,
PARKWAYS, HIGHWAYS, SIDEWALKS, RIGHTS -OF -WAY,
EASEMENTS, VIADUCTS AND OTHER PUBLIC GROUNDS AND
PLACES OF THE CITY ("RIGHTS -OF -WAY") FOR THE
CONSTRUCTION, OPERATION AND MAINTENANCE OF. AN
ELECTRIC SYSTEM BY THE AFORESAID ELECTRIC COOPERATIVE;
PRESCRIBING THE CONDITIONS, RESTRICTIONS, OBLIGATIONS
AND LIMITATIONS UNDER WHICH SUCH RIGHTS SHALL BE
EXERCISED; PROVIDING FOR A FEE OR CHARGE TO BE PAID TO
THE CITY FOR THE USE OF RIGHTS OF WAY; PROVIDING THAT IT.
SHALL BE IN LIEU OF OTHER FEES AND CHARGES, PROVIDING FOR
SAVING, REPEALING AND SEVERABILITY CLAUSES; PROVIDING
FOR AN EFFECTIVE DATE OF THIS ORDINANCE AND PROVIDING
FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City of Southlake, Texas ("the City") is a home rule city acting under its '
charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and
Chapter 9 of the Local Government Code; and
WHEREAS, Tri-County Electric Cooperative, Inc. (the "Cooperative"), is now and has
been engaged in the electric power utility business in the State of Texas; and
WHEREAS, on January 20`h, 1959, by Ordinance No. 0123, the City granted a non-
exclusive franchise to Cooperative and its successors and assigns to construct, erect, build, equip,
own, maintain and operate in, along, under, over and across the Rights -Of -Way for the purpose
of operating an electric cooperative utility in the areas of the City pursuant to Article I, Section 2
below (the "Cooperative Areas"); and
WHEREAS, the Cooperative is now and has been engaged in the business of operating an
electric cooperative utility in the State of Texas and the City and in furtherance thereof has erected
and maintained portions of its physical plant, lines or other footprint in the City; and
WHEREAS, the original franchise ordinance granted by the City will originate on or
about September 16th, 2025 with collections to begin on or about that date; and
City of Southlake & Tri-County Franchise Agreement, Page 1 of 14
WHEREAS, the City Council hereby finds that it is to the mutual advantage of both the
City and the Cooperative to establish the conditions under which the Cooperative will continue to
operate in the City; and
WHEREAS, the City Council hereby determines that the continuation of a franchise
pursuant to this Ordinance is in the best interests and will inure to the benefit of the City and its
citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
SOUTHLAKE, TEXAS:
ARTICLE I. GRANT OF AUTHORITY
SECTION 1: The findings set forth above are incorporated herein as if set forth verbatim.
SECTION 2: There is hereby granted to the Cooperative, its successors and assigns, the right and
privilege to operate an electric cooperative utility in the City for the purpose of providing electric
power utility service in, out of and through the City and its inhabitants for the considerations, and
subject to the conditions, terms, duties, obligations, limitations and regulations, hereinafter
prescribed and subject to all lawful statutes, charter provisions, ordinances, rules and regulations
applicable to the Cooperative and its operations. The use of the term City in this Ordinance shall
hereinafter include in its meaning the City's current authorized boundaries or limits or as they may
be changed by the City from time to time. This Franchise does not authorize the Cooperative to
use any property owned by the City that is not public Rights -Of -Way.
SECTION 3: Except as otherwise expressly provided in this Ordinance, the Cooperative, its
successors and assigns, is hereby granted the right to use and occupy; and, the right to have,
acquire, place, remove, construct, reconstruct, upgrade, extend, replace, maintain, and operate
along, across, on, over, through, above, and under the City's present and future Rights -Of -Way
within the City, the Cooperative's system of poles, wires, guy wires, anchors, associated
appurtenances, primary cables and conductor, secondary cables and conductor, secondary
pedestals, conduits, ducts, vaults and manholes, junction boxes, pad -mounted sectionalizing
enclosures, pad -mounted switchgear, transformers, insulators, street lights, metering equipment
and other facilities and equipment (collectively called "Electric Facilities") used in or incident to
the provision or termination of electric power utility service in, out of and through the City and to
provide electric power utility service to end -use customers who purchase and ultimately consume
electricity in the City, said consent being granted for an initial term of twenty (20) years, in
accordance with Article V, Section I of this Ordinance.
SECTION 4: The rights, privileges and easements granted by this Ordinance are non-exclusive,
provided, however, that the City shall not grant, at any time, like privileges, rights, or easements
to any other person or entity for the purpose of furnishing electric power utility service and Electric
Facilities to and for the City and the inhabitants thereof in the Cooperative Areas unless such other
person or entity has obtained the right to furnish electric power utility service in the Cooperative
Areas under the laws and regulations of the State of Texas or other Governmental or Regulatory
City of Southlake & Tri-County Franchise Agreement, Page 2 of 14
Authorities (as defined in Article II, Section 9) with the authority to contract with and regulate
such other person or entity.
ARTICLE II. CONSTRUCTION, RETIREMENT, MAINTENANCE AND OPERATION
OF THE ELECTRICAL FACILITIES
SECTION 1: Any and all Electric Facilities will be constructed, installed, retired, maintained and
operated pursuant to the Cooperative's Tariff for Electric Service, standard electric utility
construction practices; the National Electric Safety Code, as amended; and, the rules, regulations
and code requirements of any appropriate Governmental or Regulatory Authorities having
jurisdiction over the Cooperative. Construction of non -typical or non-standard Electric Facilities
and those that are not in accordance with the Cooperative's standard electric utility construction
practices shall only be done by the Cooperative under the terms and conditions of a separately
negotiated, stand alone, agreement with the City or other person or entity requesting the
nonstandard work that does not, is not and shall not, in any way, be considered, construed or
interpreted to be an addendum, amendment or modification to the terms and conditions contained
in this Ordinance. Construction of non -typical or non-standard Electric Facilities shall be done at
the requesting parry's expense and not the Cooperative's If any of the City's Ordinances, rules,
regulations or any other applicable City statutes requires changes to the standard installation
procedures and/or infrastructure of the Cooperative's Electric Facilities, the Cooperative shall be
compensated by the City for the projected costs and expenses of such construction or
reconstruction prior to commencement of such work.
SECTION 2: Cooperative shall lay, maintain, construct, operate, and replace its Electric Facilities
so as to comply with the applicable regulations, rules and ordinances of the City not otherwise in
conflict with this Ordinance. To minimize interference with traffic, Cooperative shall place or
cause to be placed appropriate barriers to mark excavations or obstructions, and promptly restore
to substantially original condition all public Rights -of -Way that it may disturb at its sole cost.
Public Rights -of -Way shall not be encumbered any longer than reasonably necessary to complete
the work. In determining the location of the facilities of the City and other users of public Rights -
of -Way within City, City shall minimize interference with then existing facilities of Cooperative
and shall require other users of public Rights -of -Way to minimize interference with existing
facilities of Cooperative, to the extent practicable. In the event of a conflict between the location
of the proposed Electric Facilities of Cooperative and the location of the existing facilities of City
or other users of public Rights -of -Way within public Rights -of -Way that cannot otherwise be
resolved, City or an authorized agent of City shall resolve the conflict and determine the location
of the respective facilities within the public Rights -of -Way. Unless otherwise specifically
addressed in this Ordinance, City shall retain all of the powers of regulation of its Rights -of -Way
granted to it either by the Constitution or the laws of the State of Texas, by general law or charter.
SECTION 3: If City, in constructing its public systems, should request that Cooperative remove
or relocate its facilities within public Rights -of -Way, the parties shall do so in accordance with
Article III, Section 2 below.
SECTION 4: The Electric Facilities and other equipment currently installed and being used in or
incident to the provision or termination of electric power utility service and/or the other operation
City of Southlake & Tri-County Franchise Agreement, Page 3 of 14
and maintenance of the electric power utility service and system by the Cooperative within the
City as of the Effective Date shall remain as now constructed, subject to: (1) such reasonable and
lawful changes as may be reasonably required by the City to protect the public's health, safety and
welfare; (2) any changes required as a result of compliance with the limitations and conditions
herein prescribed; and (3) any reasonable and lawful changes required by any applicable statute,
charter provision, ordinance, rule and regulation governing the operation of the Cooperative's
business of providing or terminating electric power utility service.
SECTION S: All new Electric Facilities and equipment, including line extensions, construction,
location, relocation, routing and re-routing undertaken by the Cooperative within the City, either
overhead or underground, shall be subject to the reasonable and lawful regulation of the City in
accordance with the City's rules and Ordinances governing the use and occupancy of the City's
Rights -of -Way. The Cooperative's Electric Facilities shall be set so that they will interfere as little
as practicable with other public utilities and the ordinary travel on Rights -of -Way.
SECTION G: In portions of the City where all new utility lines are placed underground as required
by the City, any and all of the Cooperative's new extensions, lines, cables and wires installed after
the Effective Date of this Ordinance shall also be buried, provided, however, that overhead lines
may be installed as necessary to provide electric power utility service on a temporary basis until
underground lines are installed. The City hereby recognizes that requiring such installation of
underground Electric Facilities creates additional costs and that the Cooperative may require
developers or other third parties to bear such costs and expense. Notwithstanding any provision
of this Ordinance to the contrary, the City agrees to pay to the Cooperative the costs and expenses
related to construction of underground facilities, to the extent such costs and expenses are not paid
by developers or other third parties. Placing said facilities underground does not preclude the use
of ground -mounted appurtenances. These appurtenances may include but are not limited to street
lights, junction boxes, switchgears, transformers, pedestals and cabinets and pole risers. All such
above ground appurtenances must be placed in accordance with the City's applicable code
requirements and rules regulating use and occupancy of the Rights -of -Way, including all visibility
and easement requirements. In areas where existing facilities are aerial, the Cooperative may also
install aerial facilities if doing so does not violate any other City rule or Ordinance. This provision
does not affect the existing Electric Facilities or any future substitutions, replacements, upgrades,
reconstruction, maintenance or repair to the Electric Facilities installed prior to the Effective Date
of this Ordinance.
SECTION 7: The Cooperative will maintain all of its Electric Facilities in reasonable operating
condition at all times during the continuance of this Ordinance. An exception to the requirements
imposed by this paragraph is automatically in effect when services furnished by the Cooperative
are interrupted, impaired or prevented by force majeure, acts of civil or military authority,
governmental priorities, strikes or other labor disturbances, hurricanes, tornadoes, storms,
earthquakes, fires, floods, epidemics, embargoes, war, riots and any other causes or occurrences
beyond the reasonable control of the Cooperative; however, in the case of such events or
occurrences, the Cooperative shall use commercially reasonable efforts to restore normal electric
power utility service as soon as practical. Nothing contained herein, however, shall be construed
to require either Party to prevent or settle a strike or labor disturbances against its will.
City of Southlake & Tri-County Franchise Agreement, Page 4 of 14
SECTION 8: The Cooperative shall use commercially reasonable efforts to offer line extensions
and types of services to the City and its inhabitants, taking into consideration the circumstances,
conditions and costs involved.
SECTION 9: In conducting its business and in the construction, reconstruction, location or
relocation of any Electric Facilities or equipment as provided herein, the Cooperative shall comply
with all reasonable and lawful statutes, regulations and requirements of the City or other applicable
Governmental or Regulatory Authority having jurisdiction. "Governmental or Regulatory
Authority" means any court, tribunal, arbitrator, authority, agency, commission, official or other
instrumentality of the United States, or any country, state, county, city or other political
subdivision, or of any foreign country or international body having jurisdiction. Upon failure of
the Cooperative to comply with any reasonable, specific statute, regulation or requirement of the
City, or other applicable Governmental or Regulatory Authority having jurisdiction, the City shall
give written notice to the Cooperative specifying each particular instance of failure to comply
along with the controlling and applicable statutes, regulations or requirements for each instance.
After written notice to the Cooperative, the Cooperative shall be subject to the default provisions
of Article VII.
ARTICLE III. CONDITIONS OF STREET OCCUPANCY
SECTION 1: That portion of the surface of any of the City's Rights -of -Way disturbed by the
Cooperative in the building, constructing, retiring, renewing, replacing, operating or maintaining
Cooperative Electric Facilities shall be restored to substantially the same state and condition as
existed prior to the disturbance by the Cooperative within a reasonable period of time. The City
may adopt reasonable regulations and policies regulating such work within the City's Rights -of -
Way subsequent to the adoption of this Ordinance, and the Cooperative agrees to be bound by
those policies and regulations. None of the City Rights -of -Way shall be encumbered for a longer
period than shall be necessary to execute the work designated by the Cooperative.
SECTION 2: The City may request the Cooperative to remove or relocate any part of its Electric
Facilities installed or maintained in the Public Right -of -Way to accommodate construction or
improvement of a highway, road, street, public way, other public work or other bona fide public
purpose excluding projects with the primary purpose of beautification or benefiting a third party.
All costs and expenses associated with the aforementioned changes to Cooperative Electric
Facilities on City Rights -of -Way shall be at the Cooperative's expense. All construction associated
with these changes shall be in accordance with City ordinances that are in effect at the time of the
construction. City shall provide Cooperative with at least sixty (60) days' notice when requiring
Cooperative to relocate facilities and shall specify a new location for such facilities along the
Rights -of -Way. Should the Cooperative request additional time to complete the removal or
relocation, and provide the City Manager with written explanation of the reasons for its inability
to timely complete he relocation the City manager will not unreasonably deny approval of such
request. If the relocation request includes, or is for, the Cooperative to relocate above -ground
facilities to an underground location, City shall be fully responsible for (i) the additional cost of
placing the facilities underground, and (ii) acquiring any and all easements, right of way or other
rights in land that may be required to permit the installation, operation and maintenance of
Cooperative's relocated facilities.
City of Southlake & Tri-County Franchise Agreement, Page 5 of 14
SECTION 3: The Cooperative shall, at all times and with commercially reasonable efforts,
provide and supply electric power utility service to the City and its inhabitants within
Cooperative Areas.
SECTION 4: Nothing contained within this Ordinance shall affect the right of the Cooperative
to make claims, including claims for costs or damages, against third parties other than the City, in
the event that the City requires or requests the Cooperative to move, relocate, change, alter or
modify any of the Cooperative's Electric Facilities located in private easements, private rights -of
way or real property owned by the Cooperative.
SECTION 5: If any other corporation or person (other than City) requests Cooperative to relocate
Cooperative facilities located in City Rights -of -Ways, the Cooperative shall not be bound to make
such changes until such other corporation or person shall have undertaken, with good and
sufficient bond, to reimburse the Cooperative for any costs, loss, or expense that will be caused
by, or arises out of such change, alteration, or relocation of Cooperative's facilities. City may not
request the Cooperative to pay for any relocation that has already been requested, and paid for, by
any entity other than City.
SECTION G: In connection herewith, if any of the aforementioned relocations, changes,
alterations or modifications of such Electric Facilities is eligible for reimbursement, as permitted
and to the extent allowed by law, pursuant to any reimbursement programs of any Governmental
or Regulatory Authority, the City shall, if requested, assist the Cooperative in obtaining any and/or
all such allowed reimbursements for costs and expenses incurred by the Cooperative to which it is
properly and legally entitled for the completion of said projects.
SECTION 7: The Cooperative, upon the written request of any person or entity, shall remove,
raise or lower its wires temporarily to permit the moving of houses, buildings or other bulky
structures provided that the person or entity requesting this service has either a building moving
permit issued by the City or some other showing of authorization that is recognized by the City as
being an appropriate and authoritative document. The expense and cost of such temporary
removal, raising or lowering wires shall be paid by the requesting party or parties. The
Cooperative may require such payment in advance and is without obligation to perform until such
payment shall have been made by the requesting party or parties and is received by the
Cooperative. The Cooperative shall be given not less than fifteen (15) business days advance
written notice to arrange for such temporary wire changes and cable adjustments. The clearance
of wires above ground, subsequent to the move, shall conform to the basic standards of the
National Electrical Safety Code, in effect at the time of original installation and any other lawful
regulations controlling such installations.
SECTION 8: The Cooperative, its successors and assigns, is hereby granted the right, license,
privilege and/or permission needed to trim or cut trees upon and overhanging the Rights -of -Way
of the City, as necessary, which affect the operations, maintenance, and repair of the Cooperative's
Electric Facilities. The Cooperative shall be responsible for trimming any such tree, which may
potentially interfere with the Cooperative's Electric Facilities, located within the Rights -of -Way
being used by the Cooperative at the request of the City, and the City shall have the right to
supervise any such request. Reasonable tree trimming and vegetation control on the City's Rights -
City of Southlake & Tri-County Franchise Agreement, Page 6 of 14
of -Way, performed as ordinary, routine, operations and maintenance of the Cooperative's
Electrical Facilities, shall be allowed and must be done in accordance with the City's Tree
Preservation Ordinance.
SECTION 9: Nothing contained in this Ordinance shall be interpreted or construed to require the
Cooperative to accept, or to permit or allow other utility companies, or any other third party, to
place or install attachments for their own benefit and use, into or on the Cooperative's Electric
Facilities. An additional, separate written agreement between the Cooperative and the entity
requesting such use shall be prerequisite to the installation of any such attachments or such use of
the Cooperative's Electric Facilities by the City, other utility companies, or any other third party,
so long as the agreement does not violate City ordinances, as amended, or state law. The
aforementioned separate agreements, do not, are not, and shall not, be interpreted or construed as
being amendments, modifications or attachments to this Ordinance.
ARTICLE IV. TERM AND PAYMENT TO THE CITY
SECTION 1: This Ordinance shall be in full force and effect for the period beginning with the
Effective Date herein and ending twenty years after such date. Thereafter, the rights, privileges
and franchise granted herein by this Ordinance may be extended, by written consent of both
parties, for additional periods of ten (10) years each.
SECTION 2: To compensate the City for use of the Rights -of -Way authorized hereby, and to
compensate the City for its superintendence of this Ordinance and the performance of the City's
regulatory functions (which such regulation the City shall exercise and to which the Cooperative
shall be subject to the extent authorized by law), the Cooperative agrees to pay to the City annually
a sum of money equal to four percent (4%) of the annual Gross Receipts for the preceding calendar
year, or portion thereof, received by the Cooperative from the sales of all electric power utility
service provided by the Cooperative within the City (the "Fee"). For the purposes of this Section
2, "Gross Receipts" shall mean all amounts classified as electric power utility service revenues
collected by the Cooperative, its licensees and designees, from the Cooperative's members for the
provision of electric power utility service received by the Cooperative's members at a location
within the City. The term Gross Receipts shall exclude the following: revenue billed but not
received; reimbursement for (1) damage to the Cooperative Electric Facilities or (2) relocation of
the Cooperative's Electric Facilities; contributions in aid of construction; advances in aid of
construction; line extension charges in the form of one time payments or monthly facilities
charges; taxes; franchise fees; revenues from materials or equipment sales; principal and/or interest
payments on amounts loaned by the Cooperative; membership fees; deposits; revenues and
receipts received from electric utilities for the use of Cooperative transmission lines and facilities;
rental or fees paid by third parties for joint attachment to or use of the Cooperative's Electric
Facilities; other miscellaneous non -operating revenues and receipts not directly related to the
provision of electric power utility service (i.e. interest income on Cooperative bank accounts); or
any receipts required to be remitted by the Cooperative to third parties.
City of Southlake & Tri-County Franchise Agreement, Page 7 of 14
Further, the parties agree as follows:
A. N The Fee shall be paid quarterly, within forty-five (45) days after the end of each calendar
quarter (i.e., by May 15, August 15, November 15, and February 15 of each year of this
Franchise term).
•m
❑ The Fee shall be paid annually, within forty-five (45) days after the end of each calendar
year of this Franchise term.
B. Failure of the Cooperative to make timely payments in accordance with the provisions of
paragraph A. of this Section shall constitute a default under the provisions of this Ordinance
and the Cooperative shall be subject to the default provisions of Article VII.
C. The City agrees that the consideration as set forth in the preceding paragraphs shall be paid
and received in lieu of other tax, license, charge, fee, rental, expense or other character of
charge for use and occupancy of the Rights -of -Way in the City. This consideration is in
lieu of, but not limited to, any pole tax, inspection fee tax or other form of tax, inspection
or other fees, any lawful permit or other fees and any easement or franchise tax whether
levied as an ad valorem, general, special or other character of tax.
D. The Cooperative is expressly authorized by the City to surcharge each Cooperative member
within the City the full amount of the Fee attributable to that member. The Cooperative's
obligation to pay the Fee shall extend for so long as, and to the extent that, the Cooperative
may lawfully surcharge the Fee to Cooperative members within the City. The Cooperative
shall provide a template satisfactory to the City of how the Fee reads on each person's
electric bill.
E. If Cooperative should at any time after the Effective Date of this Ordinance agree to a new
municipal franchise ordinance, or renew an existing municipal franchise ordinance, with
another municipality in the Cooperative's jurisdiction, which municipal franchise
ordinance determines the franchise fee owed to that municipality for the use of its public
rights -of -way in a manner that, if applied to the City, would result in a franchise fee greater
than the amount otherwise due City under this Ordinance, then the franchise fee to be paid
by Cooperative to City pursuant to this Ordinance may, at the election of the City, be
increased so that the amount due and to be paid is equal to the amount that would be due
and payable to City were the franchise fee provisions of that other franchise ordinance
applied to City. The City acknowledges that the exercise of this right is conditioned upon
the City's acceptance of all terms and conditions of the other municipal franchise in total.
The City may request waiver of certain terms and Cooperative may grant, in its sole
reasonable discretion, such waiver. Requesting such a waiver shall in no way bind the City
to either accept or reject any franchise ordinance terms.
City of Southlake & Tri-County Franchise Agreement, Page 8 of 14
ARTICLE V. RECORDS, REPORTS AND AREA OF CITY AFFECTED
SECTION 1: The Cooperative shall keep complete and accurate books of account and records of
its business and operations from which the Gross Receipts and/or the Fee may be determined. If
reasonably requested and to the extent practicable, copies of relevant portions of such books of
account and records may be made available to the City at any time during regular business hours.
SECTION 2: Upon receiving reasonable advance notice, the Cooperative shall provide the City,
its officials, or authorized personnel/agents access at the Cooperative's main office where such
records are maintained, during the Cooperative's regular business hours and upon reasonable
notice to such books of account and records of the Cooperative relating to this Ordinance, as
reasonably needed, to determine the accuracy of the Cooperative's calculation of Gross Receipts
and/or the Fee, provided, however, any copy expenses or other out-of-pocket expenses incurred
by the Cooperative as a result by or on behalf of the City, shall be the responsibility of the City
and the City, shall promptly pay the reasonable cost thereof to the Cooperative. Such information
shall be considered confidential or proprietary matters disclosed to the City and shall be held
in the highest confidence being disclosed only as required or mandated by state statute, court
order, as required by the Texas Public Information Act, or as needed to enforce the City's
rights under this Ordinance. There shall be no other disclosure of said information without
the prior written consent of the Cooperative.
SECTION 3: The Cooperative shall have available a map setting forth its Electric Facilities
located within the City which map shall be corrected and brought up to date from time to time and
upon reasonable request by the City.
SECTION 4: This Ordinance shall extend to any and all territory within the City's authorized
boundaries that are located in Cooperative Areas, and to that territory which may be annexed by
the City during the term of this Ordinance. In the event that territory which was previously
annexed is de -annexed by the City this Ordinance shall be reduced to the remaining territory used
by the Cooperative that continues to be within the City.
SECTION 5: In the event of annexing or de -annexing territory, the City shall provide written
notice to the Cooperative. At a minimum, notice to the Cooperative shall include a boundary map
of the new City boundary and such map shall be provided in shapefile format projected in
NAD_i983_StatePlane_Texas_North_Central_FIPS_4202_Feet (WKID 2276 authority: EP56)
along with the related Ordinance affecting the annexed or de -annexed territory. Upon receiving
notice of the City's annexation or disannexation, the Cooperative shall identify all customers
located within such annexed or disannexed area and adjust its maps and accounting records
accordingly.
ARTICLE VI. SAVING, REPEALING, SEVERABILITY AND DEFAULT
SECTION 1: The Cooperative shall not be declared in default or be subject to any sanction under
any provision of this Ordinance in those cases in which performance of such provision is prevented
by force majeure or other causes and occurrences beyond the reasonable control of the
Cooperative.
City of Southlake & Tri-County Franchise Agreement, Page 9 of 14
SECTION 2: The Cooperative shall not be in default under this Ordinance until written notice of
any alleged failure to perform has been given. After written notice to the Cooperative, the
Cooperative shall have an opportunity to be heard, and thereafter, a subsequent period of ninety
(90) days for the Cooperative to cure the default. A cure period exceeding ninety (90) days shall
be mutually stipulated between the Cooperative and the City. If the Cooperative fails to cure such
default before the expiration of the stipulated cure period or if such default cannot reasonably be
cured within the stipulated cure period and the Cooperative fails to commence to cure the default
within the stipulated cure period, the City will be, subject to its obligation to first mediate as
described in Article VIII, entitled to exercise any and all of the following remedies: the
commencement of an action against Cooperative at law for monetary damages; the
commencement of an action in equity seeking injunctive relief or the specific performance of any
of the provisions that as a matter of equity, are specifically enforceable; and the termination of this
Ordinance and Cooperative's franchise. The rights and remedies of City and Cooperative set forth
in this Ordinance shall be in addition to, and not in limitation of, any other rights and remedies
provided by law or in equity. City and Cooperative understand and intend that such remedies shall
be cumulative to the maximum extent permitted by law and the exercise by City of any one or
more of such remedies shall not preclude the exercise by City, at the same or different times, of
any other such remedies for the same failure to cure.
SECTION 3: It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses, phrases and words of this Ordinance are severable and if any
sections, paragraphs, sentences, clauses, phrases and words of this Ordinance shall be declared
unconstitutional, illegal or invalid by any judgment or decree of a court of competent jurisdiction,
such unconstitutional, illegal or invalid sections, paragraphs, sentences, clauses, phrases and words
shall not affect any other remaining sections, paragraphs, sentences, clauses, phrases and words of
this Ordinance; and the City Council hereby declares it would have passed the remaining portions
even though it had known the affected parts would be held unconstitutional, illegal or invalid.
SECTION 4: When not inconsistent with the context, words used in the present tense include the
future tense, words in the plural number include the singular number, and words in the singular
number include the plural number.
SECTION 5: If any provision of this Ordinance is deemed to be invalid by present or future laws,
the reminder of this Ordinance shall not be affected.
ARTICLE VII. RESERVATION OF REGULATORY POWERS; RESERVATION OF
LEGAL RIGHTS
SECTION 1: The City, by the granting of this Franchise and adoption of this Ordinance, does not
surrender or to any extent lose, waive, imperil or lessen the lawful powers and rights now or
hereinafter vested in the City under the Constitution and Statutes of the State of Texas and the
United States of America; and the Cooperative, by its acceptance of this Ordinance, agrees that all
such lawful regulatory power and rights as the same may be vested in the City shall be in full force
and effect and subject to the exercise thereof by the City at any time and from time to time.
City of Southlake & Tri-County Franchise Agreement, Page 10 of 14
SECTION 2: The Cooperative by accepting this Ordinance does not surrender or to any extent
lose, waive, impair or lessen the lawful powers and rights now or hereafter vested in the
Cooperative under the Constitution and the Statutes of the State of Texas and the United States of
America and/or the Governmental or Regulatory Authorities having jurisdiction over the
Cooperative's operation, provision and termination of electric power utility service, which may,
from time to time, supersede the regulatory power vested in the City.
ARTICLE VIII. DISPUTE RESOLUTION
SECTION 1: IT IS AGREED THAT ANY CLAIM OR DISPUTE BETWEEN
COOPERATIVE AND CITY ARISING OUT OF OR RELATING TO THIS ORDINANCE
SHALL BE DETERMINED AS FOLLOWS: (1) SUBMISSION TO NON -BINDING
MEDIATION, AND FAILING RESOLUTION AT MEDIATION (2) TO A BENCH TRIAL,
EXCLUSIVE VENUE SHALL BE IN TARRANT COUNTY, TEXAS.
ARTICLE IX. INDEMNIFICATION AND LIABILITY FOR DAMAGES
SECTION I: Without waiving any immunity or limitation of liability, the Cooperative shall, at
its sole cost and expense, indemnify, and hold harmless the City, its past and present officials,
agents and employees, in their official and individual capacities, against all claims, costs, expenses
and damages to persons or property that are directly related to the Cooperative's construction,
retirement, maintenance or operation of the Cooperative's Electric Facilities in the Rights -of -Way,
which are subject to this Ordinance, to the extent such costs, expenses and damages are found to
be caused by the negligent actions or omissions or willful misconduct of the Cooperative, its past
or present officers, agents or employees including any court costs, expenses, and defenses thereof.
Provided however that the indemnity provided by this Article IX, Section 1 shall not apply to
claims, costs, expenses or damages caused solely by the negligent actions or omissions or willful
misconduct of the City, its officials, agents or employees.
SECTION 2: In the event that any such damage or claim is found by a judgment or decree of a
court of competent jurisdiction to be caused by the concurrent fault of both the City and the
Cooperative, responsibility, if any, shall be apportioned comparatively between the City and
Cooperative in accordance with the laws of the State of Texas without, however, waiving any
governmental immunity available to the City under Texas law and without waiving any of the
defenses of the parties under Texas law. Further, in the event of joint and concurrent negligence or
fault of both the Cooperative and the City, responsibility for all costs of defense shall be
apportioned between the City and Cooperative based upon the comparative fault of each.
SECTION 3: The aforementioned indemnity provisions are not intended to, and shall not, create
and/or allow any claim, cause of action, liability or other rights and remedies for the benefit of any
third parties, but are solely and only for the benefit of the Cooperative and the City.
SECTION 4: Cooperative shall, at its sole cost and expense, obtain, maintain, or cause to be
maintained, and provide, throughout the term of this Ordinance, insurance in the amounts, types
and coverages in accordance with City ordinances. Cooperative shall provide the City with
evidence of the form and basis for insurance coverage or self-insurance, as applicable, within 30
City of Southlake & Tri-County Franchise Agreement, Page 11 of 14
days of the effective date of this Ordinance and annually thereafter as applicable insurance
coverages renew. All insurance shall be provided through valid and enforceable policies insured
by insurers licensed to do business in the State of Texas. All insurance carriers and surplus line
carriers shall be rated A- or better by A.M. Best. Cooperative is required to provide the Cigy with
at least thirty (30) days prior written notice of any intention not to renew or prior to cancellation
of such policy, such notice to be given by certified or registered mail.
ARTICLE X. GOVERNING LAW, LIMITATIONS AND COMPLIANCE
SECTION 1: Notwithstanding any other provision of this Ordinance to the contrary, the City and
the Cooperative shall at all times comply with all local, state and federal laws, rules, regulations
and any administrative or Regulatory Authorities having jurisdiction thereof with respect to the
subject matter of this Ordinance.
ARTICLE XI. MISCELLANEOUS
SECTION 1: Any notice required to be given to either Party under the terms and provisions of
this Ordinance may be given by mailing such notice to that Party by United States registered or
certified mail, return receipt requested or by facsimile. The notice shall bear the date of its mailing
and shall become effective on and after receipt. Each Party may change the address, or designated
person of that Party, to which notice may be sent by giving notice of such change to the other Party
in accordance with the provisions of this Ordinance. Said notice shall be provided within ninety
(90) days of the date of such change of address or designated person.
To the City at the following address:
City of Southlake, Texas
1400 Main Street
Southlake, TX 76092
Suite 420
Fax: (817) 748-8010
And to the Cooperative at the following address:
Tri-County Electric Cooperative, Inc.
600 N W Pkwy St.
Azle, Texas 76020
Fax: (817) 444-7679
SECTION 2: This Ordinance shall take effect upon adoption by the City Council and upon written
acceptance by the Cooperative, which acceptance shall be filed with the City Secretary within
thirty (30) days after the adoption of this Ordinance. Upon Cooperative's written acceptance of
the terms of this Ordinance, all claims of City and Cooperative regarding franchise fees paid by
the Cooperative prior to the Effective Date of this Ordinance that were or could have been made
by either party shall be forever waived and extinguished. Upon Cooperative's written acceptance
City of Southlake & Tri-County Franchise Agreement, Page 12 of 14
of the terms of this Ordinance, the Cooperative's advancement of the election monies will count
as follows toward the franchise collections owed to the city until the $5,109.00 amount is fulfilled
as repayment to the Cooperative: ten percent (10%) of each collection month shall be credited
against the amount due until the reimbursement amount is paid.
SECTION 3: The Mayor is authorized to execute and the City Secretary or Assistant Secretary
is authorized to attest this Ordinance on behalf of the City Council.
SECTION 4: Nothing contained in this Ordinance shall limit or interfere with any power
conferred upon the Public Utility Commission of Texas, or its successor entities, or any rights
conferred, by the Public Utility Commission of Texas or other Regulatory Authority having
op
jurisdiction, upon the Cooperative's operating an electric'coerative utility within the City. The
City hereby expressly reserves the right to grant, at any time, like rights as it may see fit to any
other person or entity for the purpose of furnishing* utility services to`_and for the City and the
inhabitants thereof in the Cooperative Areas. '
SECTION 5: This Ordinance shall become effective -on or about September 10h, 2025 (the
"Effective Date") and applies to all collections on or after that date.
PASSED AND APPROVED ON FIRST READING ON THIS 2nd DAY OF SEPTEMBER,
2025.
APPROVED:
< �Jv gnst= I
Shawn McCaskill
Mayor
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ATTEST:
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City Secretary
City of Southlake & Tri-County Franchise Agreement, Page 13 of 14
PASSED AND APPROVED ON SECOND READING ON THIS 16th DAY OF
SEPTEMBER, 2025.
APPROVED:
Shawn McCaskill
Mayor
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ATTEST:
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helley, TRMCC
City �y Secre
A CEPTANCE:
Andrea McC ecse
Sr. Vice President, Engagement & Solutions
Tri-County Electric Cooperative, Inc.
600 NW Pkwy St Azle, Texas 76020
"1111191TA DI 1 • 1 1'
City of Southlake & Tri-County Franchise Agreement, Page 14 of 14