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0123 ORDINANCE NO. AN ORDINANCE WHEREBY THE CITY OF SOUTHLAKE, TEXAS, AND THE TRI-COUNTY ELECTRIC COOPERATIVE, INC. AGREE THAT THE TRI- COUNTY ELECTRIC COOPERATIVE SHALL CONTINUE TO ERECT AND MAIN- TAIN ITS ELECTRIC LIGHT AND POWER LINES WITH ALL NECESSARY OR DESIRABLE APPURTENANCES (INCLUDING UNDERGROUND CONDUITS, POLES, TOWERS, WIRES, AND TRANSMISSION LINES) AND THE CITY GRANTS ITS CONSENT FOR THE USE OF ITS PRESENT AND FUTURE STREETS, ALLEYS, HIGHWAYS, AND PUBLIC GROUNDS IN SAID CITY, UNDER REGULATIONS AND RESTRICTIONS AS STATED THEREIN AND THAT THE CITY OF SOUTHLAKE SHALL RECEIVE AN ANNUAL PAYMENT FOR SAME, ALL AS THEREIN PROVIDED. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF SOUTHLAKE, TEXAS Section 1. That the City of Southlake, Texas, herein called "City" hereby grants its consent to the use of its present and future streets, alleys, highways and public grounds by the Tri-County Electric Cooperative, its successors and assigns, herein called ttCooperativett, for the purposes of constructing, maintaining, and operating in the present and future streets, alleys, and public places of the City of Southlake, Texas, and its successors, electric light and power lines, with all necessary or desirable appurtenances (including underground conduits, poles, towers, wires, and trans- mission lines, and telephone and telegraph lines for its own use) for the purpose of supplying electricity to the said City, 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 fifty (50) years from the date this Ordinance is adopted and approved. Section 2. Poles and towers shall be so erected as not to unreasonably interfere with traffic over streets and alleys. Section 3. Cooperativets property and operations in the City shall be subject to such regulations by the City as may be reasonably necessary for the protection of the general public. Section 4. Cooperative shall hold the City harmless from all expense or liability for any act or neglect of the Cooperative hereunder. Section 5. In consideration of the grant of said privilege and franchise by the City and as full payment for the privilege of using and occupying the streets, alleys, highways, easements, parks and other public places within the City, and in lieu of any and all occupation taxes, easements, and franchise taxes (whether levied as an ad valorem, special or other character of tax), and in lieu of license and 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 City may impose or hereafter be authorized or empowered by law to levy or collect, excepting only the usual general or special ad valorem taxes which the City is authorized to levy or impose upon real and personal property, the Cooperative (Tri-County Electric Cooper~~a~~t,~ii-ve, Inc. and its assigns) shall pay to the City of Southlake, Texgijannually and on or before, F,ab_ 1 .qt anri a,»_ 1,q t of each year during the term hereof , b6'inAifig ' an amount equivalent to two (2) per cent of the gross revenues received by the Cooperative, its successors and assigns during the preceding year from sales of electricity within the corporate limits of said City, exclusive of sales to federal, state and municipal customers and exclusive of sales to industrial and other customers ecluded from taxation under the provisions of the regulations of the Treasury Department of the United States, Article 40, Regulation 42 as amended by TD 4393, September 20, 1933, TD 4570, July 24, 1935, and TD 4751, July 21, 1937, irrespective of whether or not said regulations and decisions have been or shall be repealed, amended or changed. On or before the lst,a,X n- FAW Igry of each year a report shall be filed with the City by the Cooperative showing its gross revenues as aforesaid for the preceding year, and the payment made hereunder be based upon said report. Section 6. Nothing herein contained shall ever be held or con*trued 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 towards 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. Section Z. 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