Ord. 0219 07-12-71ORDINANCE NO..
AN ORDINANCE PROVIDING FOR PAYMENTS TO THE CITY
BY COMMUNITY PUBLIC SERVICE COMPANY, A PUBLIC
UTILITY ENGAGED IN THE SALE OF ELECTRICITY, AS
COMPENSATION FOR THE USE AND OCCUPANCY OF PUBLIC
ROADS, HIGHWAYS, STREETS, LANES, ALLEYS, UTILITY
EASEMENTS AND PUBLIC PLACES OF THE CITY; REGULAT-
ING THE USE OF STREETS BY SUCH UTILITY AND THE
REPAIR AND RESTORATION OF THE STREETS. DISTURBED BY .'
S -oconstructi.on;_,PROVIDING FOR FIRST CLASS SERVICE FOR
THE -CUSTOMERS OF SUCH UTILITY AS PROVIDED BY ITS
RATE SCHEDULES EXCEPT UNDER CONDITIONS BEYOND THE
UTILITY'S CONTROL; PROVIDING FOR THE TEMPORARY
REMOVAL, RAISING AND LOWERING OF WIRES AND OTHER
APPURTENANCES AND ESTABLISHING STANDARDS FOR THEIR
CONSTRUCTION; PROVIDING FOR INDEMNITY BY SUCH UTIL-
ITY TO THE CITY; RESERVING ALL POWERS OF REGULATION;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFEC-
TIVE DATE; AND MAKING MISCELLANEOUS PROVISIONS REL
ATIVE TO THE FOREGOING MATTERS.
BE IT ORDAINED BY THE CITY OF PEARLAND, TEXAS:
Section 1. Within thirty (30) days after the
effective date -of this Ordinance and thereafter on or before
the l5th day of February of each ensuing year, Community Pub-
lic Service Company, a public utility corporation (herein-
after sometimes called "Community") engaged in the sale of
electricity within the corporate limits of the City, shall
make an annual payment to the City of a sum of money equal
to two percent (2%) of Community's annual gross receipts for
the preceding year received by Community from its electrical
lighting and power sales for residential and. commercial use
within the corporate limits of the City, exclusive of
receipts for street lighting
Section 2. The payment required by
hereof shall constitute for the calendar year within which
such payment' is made the authorization of Community -and com
pensation to the City, pursuant to Article 9 of the Charter
of the City, for the use and occupancy by Community of
the public roads, highways, streets, lanes, alleys,
utility' easements, and other public places of the City to
the -extent occupied by Community within said calendar, year
or at the end of said calendar year, which such payment is
made and shall be for and in lieu of any further license,
charge
fee, street or alley rental or other character of
charge or levy for such use or occupancy of the public
roads, highways, streets, lanes, alleys, utility easements
other public places in the City and in lieu of any pole
tax or inspection fee tax.
Section 3. All poles erected or maintained by
• Community shall be of sound material and reasonably straight,
and shall be so set that they will not interfere with the
flow of water in any gutter or drain, and so that the same
interfere as little as practicable with the ordinary
travel on the streets, sidewalks, or other public ways.
Within the street or other public ways of the City the
location and route of all poles, stubs, guys, anchors,
lines, conduits and cables shall be subject to the reason-
able -And proper regulation, control and direction of the
City, including without limitation the power to prevent
unnecessary duplication of public utility facilities in the
streets and public ways. The regulation and control shall
include the right to require in writing the relocation of
Community's facilities, -exclusive of street lighting and
facilities installed for service directly to the City, at
:Community's cost within the streets or other public ways
whenever such shall be reasonably necessary on account of
:the widening, change of grade, relocation, or 'other City
construction within such streets or public ways; provided,
-however, the permanent removal, as distinguished from
relocation of Community's lines or other facilities shall
not -be required upon less than twenty-four (24) months'
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written notice to Community if Community continues to make
the payments herein required during such notice period.
Section 4. The surface of any road, highway,
streets, lanes, alleys, or other public places disturbed
by Community in erecting, constructing, maintaining, operat-
ing, using, extending, removing, replacing or repairing its
electrical lighting and power facilities shall be restored
immediately after the completion of the work to as good a
condition as before the commencement of the work and main-
tained to the satisfaction of the City for one (1) year
:from the date such surface was disturbed for maintenance
or removal work, after which time responsibility for the
maintenance 'shall become the duty of the City. No public
place shall be -encumbered by construction, maintenance or-
removal work by Community for a longer period than -shall
`be necessary to execute such work.
Section 5. The service furnished by Community
shall be first class in all respects, considering -all cir-
cumstances, and Community shall furnish the grade of
service to its customers provided for in its rate schedules
and shall maintain its facilities in reasonable operating
condition at all times. An exception to this requirement
His automatically in effect when due to shortages in material,
supplies and equipment beyond the control of Community and
when due to fires, Strikes,riots, storms, floods, war and.
other casualties, and when due to governmental regulations,
limitations and restrictions as to the use and availability
_of materials, supplies and equipment and as to the use of
the services, and when due to unforeseen and -unusual demands
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for service. In any of which events Community shall do
all things reasonably within its power to restore normal
service.
Section 6. Community shall on the written
request of any person remove or raise or lower its wires
temporarily to permit construction work in the vicinity
.thereof or to permit the moving of houses or other bulky
structures. The expense of such temporary removal, rais-
ing or lowering of wires shall be paid by the benefitted
party or parties, and Community may require such payment
in advance, being without obligation to remove, raise or
lower its wires until such payment shall have been made.
Community shall be given not less than forty-eight (48)
hours' advance notice to arrange for such temporary wire
changes. All of Community's lines for the -transmission
and distribution of electrical energy shall be constructed,
operated and maintained, as to clearances, in accordance
with the National Electrical Safety Code, as published in
March, 1948, by the National Bureau of Standards, Hand-
book 30, as revised by Handbook 81, published by the
National Bureau of Standards in November, 1961; provided
nothing herein shall impair the right of the City in t'
future by ordinance to adopt and require complianc®With
any new, amended or revised Code, or by ordinance to
require compliance with such further or different standards:'
as may be found to be in the public interest.
Section 7. Community shall protect and hold the
City harmless against all claims --for damages or demands
for damages -to any person or property by reason of the
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construction and maintenance of its electrical lighting
and power facilities, or in any way growing out of the
operation thereof
reason of
tractors,
any act,
agents or
either directly or indirectly, or by
neglect, or nonfeasance of the con -
employees of Community, and it shall
•refund to the City all sums which it may be adjudged to
pay.on any such claim, or which may arise or grow out of
the operations of Community.
Section 8. By the passage of this ordinance
the City does.not divest itself of, but on the contrary
specifically reserves, the power
to regulate all public utilities
regulate the local rates of such
vested by law in the City
within the City, and to
public utilities, and to
require all utilities to discharge their lawful duties,
undertakings and obligations.
Section 9. If any provision, section, subsection,'
sentence, clause, or phrase of this ordinance is for any
reason held to be unconstitutional, void or invalid (or
for any reason unenforceable), the validity of the remain
ing portions of this ordinance shall not be affected thereby,
it being the intent of the City in -adopting this ordinance
that no portion thereof or provision or regulation con-
tained herein shall become inoperative or fail by reason
of any unconstitutionality or invalidity of any other
portion, provision or regulation, and to this end, all
provisions of this ordinance are declared to be severable.
Section 10.�'
drr�Ya-. after- its-fieryl-ryp rssage..n._ ul. -sest of- this
lttance "s` to ~be pt fished• • once, . within-f €m etr(15 )
daye-fromathe.,.firat a dingtwih Il eftic al -,.newspaper
the -City,- and,.t eLea pease-of-snah-pn ation.-shall
be bo� comp ante iai"th
rovis ions - Of - t
erirClty;is ordin ace shall take effect a d be in
force from and after the final reading and adoption
A
thereof and authentication by the Mayor and the City
Secretary.
Passed first reading on the day of
1971.
Passed second and final reading on the day
f 1971.
APROVED and entiated this t� day
�—' ' 1.
Mayor
ATTEST:
City Secretary
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This ordinance shall take effect and be in
force from and after the second and final reading and
adoption thereof and authentication by the Mayor and
the City Secretary.
Passed and approved on first reading on the 12 day
of July , 1971.
Passed, approved and adopted on second and final reading
this day of , A. D. 1971.
Mayor
City Secretary