Division 1. CENTRAL POWER AND LIGHT COMPANY  


§ I. [Grant of franchise.]
§ II. [Location of poles, towers, etc.]
§ III. [Service quality, additional regulations authorized.]
§ IV. [Hold harmless agreement.]
§ V. [Consideration.]
§ VI. [Nonexclusive franchise.]
§ VII. [Acceptance.]

Adopted March 23, 1992

Expires December 1, 2022

AN ORDINANCE GRANTING TO CENTRAL POWER AND LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS A FRANCHISE FOR THE PURPOSE OF OPERATING ITS ELECTRICAL FACILITIES, IN, ALONG, AND ACROSS ALL PUBLIC STREETS, AVENUES, ALLEYS, AND BRIDGES IN SAID CITY; PRESCRIBING THE ANNUAL COMPENSATION DUE THE CITY UNDER THIS ORDINANCE; PRESCRIBING THE CONDITIONS GOVERNING THE USE OF PUBLIC RIGHTS-OF-WAY AND THE PERFORMANCE OF CERTAIN CONSTRUCTION WORK ON PUBLIC RIGHTS-OF-WAY FOR CENTRAL POWER AND LIGHT COMPANY'S FACILITIES; PROVIDING FOR WRITTEN ACCEPTANCE OF THIS ORDINANCE BY CENTRAL POWER AND LIGHT COMPANY; AND PROVIDING FOR A TERM AND AN EFFECTIVE DATE.

WHEREAS, Central Power and Light Company (hereinafter referred to as "CPL") is now and has been engaged in the electrical power business in the State of Texas and in furtherance thereof, has erected and maintained certain items of its physical plant in the City of McAllen, Texas (hereinafter referred to as the "city") for many years pursuant to such rights as have been granted it by and under the laws of the State of Texas, and subject to the reasonable exercise of the police powers granted by and under said laws to the city; and

WHEREAS, CPL has operated its electrical power business in the city under successive ordinances of the city, the last of which was the ordinance adopted on October 21, 1960, and in order to enhance the ability of CPL to borrow funds for plant and system expansion and improvement, an extension to the existing franchise agreement is requested by CPL; and

WHEREAS, it is to the mutual advantage of both the city and CPL that an agreement should be entered into between CPL and the city establishing the conditions under which CPL shall maintain and construct its physical plant in the city in the future;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF McALLEN, TEXAS, THAT: