Loading...
HomeMy WebLinkAboutOrdinance - 4269-1963 - Granting SPS The Conduct An Electrical Lighting And Power Business Within LBK. - 12/19/1963. ~ .... ..>.. ,r .• .. ~ '\ ORIGINAL • , .... ~ ,jo • . . ~fA . . ~~- ,. J&f-fp1./ ) q{ftYCD-· :- ORDINANCE NO. _4..;;.;;2~69.:...--I l:-1, rr 7-)1--_b . t>r~ , J )!_ ~ I f!, I {1 -FRANCHISE :3~"''n"·,~~ p'-' ?J:J::RDINANCE GRANTING TO SOUTHWESTERN PUBLIC SERVICE 11t ~-~ OMPANY THE RIGHT~ PRIVILEGE AND FRANCHISE TO CONDUCT WITlllN r THE CITY OF LUBBOCK. TEXAS, AN ELECTRIGAL LIGHTING AND POWER BUSINESS AND TO ENTER UPON. ERECT, CONSTRUCT, MAINTAIN, EXTEND» REPAIR, REPLACE AND REMOVE IN, UNDER. UPON, WITHIN, OVER, ABOVE, ACROSS AND ALONG ANY AND ALL OF THE PRESENT AND FUTURE PUBLIC ROADS, ffiGHWAYS. STREETS, LANES, AND ALLEYS OF THE CITY OF LUBBOCK, A SYSTEM OF POLES, POLE LINES, TOWERS, DISTRIBUTION LINES~ TRANSMISSION LINES, WIRES, GUYS, CABLES, CONDUITS, TRANS- FORMERS, AND OTHER DISTRIBUTION AND TRANSMISSION INSTRUMENTAL- ITIES, FACILITIES AND APPURTENANCES NECESSARY OR PROPER FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY INTO, IN, WITIDN, FROM, ACROSS, AND THROUGH THE CITY OF LUBBOCK. AS NOW EXISTING, OR AS SAID CITY LIMITS MAY HEREAFTER BE EXTENDED; AND GRANTING SOUTH- WESTERN PUBLIC SERVICE COMPANY, ITS SUCCESSORS AND ASSIGNS, THE AUTHORITY TO USE SUCH FOR THE PURPOSE OF TRANSMISSION, DISTRIBUTION, DELIVERY AND SALE OF ELECTRICITY TO THE CITY, AND TO THE INHABITANTS OF THE CITY, OR ANY OTHER PERSON OR PERSONS, FIRMS OR CORPORATIONS~ WHEREVER LOCATED WITHIN OR WITHOUT THE CITY LIMITS OF LUBBOCK, FOR USE BY SUCH PURCHASER OR PURCHASERS, FOR LIGHT, POWER, COOLING AND HEAT OR FOR EITHER OR ALL OF SAID PURPOSES. OR FOR ANY OTHER PURPOSE OR PURPOSES FOR WHICH ELECTRICITY MAY BE USED; PROVIDING THAT THIS FRANCHISE SHALL BE EFFECTIVE FOR A PERIOD OF TWENTY (20) YEARS COMMENCING UPON AND EXTENDING FROM THE EFFECTIVE DATE OF THIS ORDINANCE AFTER FINAL PASSAGE HEREOF; PROVIDING FOR THE TEMPORARY REMOVAL, RAISING OR LOWERING BY COMPANY Ci>F ITS WIRES AND OTHER APPURTENANCES; PROVIDING FOR THE RIGHT TO, AND CON- DITION OF, THE OPENING OF PAVEMENTS AND SIDEWALKS BY COMPANY; RETAINING ALL RIGHTS OF CITY TO REGULATE THE LOCATION OF COMPANY'S FACILITIES IN, UPON. ALONG, UNDER AND OVER THE STREETS, ALLEYS A;ND OTHER PUBLIC PLACES OF CITY, AS WELL AS TO REQUIRE THERE- LOCATION OF SAME; PROVIDING FOR EFFICIENT ELECTRICAL SERVICE AND THE MAINTAINING OF COMPANY'S FACILITIES; PROVIDING FOR THE USE BY CITY F OR THE PURPOSES SPECIFIED OF POLES AND CONDUITS OF COMPANY; PROVIDING COMPENSATION, AND METHOD OF PAYMENT OF SUCH, TO THE CITY FOR THE USE BY COMPANY OF THE STREETS, ALLEYS AND PUBLIC WAYS OF THE CITY; PROVIDING FOR THE MAINTAINING OF RECORDS BY COMPANY WITH RIGHT OF INSPECTiqN BY CITY RESERVING TO CITY ALL POWERS OF REGULATION; PROHIBITING ASSIGNMENT EXCEPT BY CONSENT BY CITY EXCEPT IN CERTAIN CASES; GIVING CITY'S CONSENT TO THE CUTTING AND TRIMMING BY COMPANY OF CONFLICTING TREES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING THAT THIS FRANCHISE SHALL NOT BE EXCLUSIVE; MAKING MISCELLANEOUS PROVISIONS RELATIVE TO THIS GRANT OF FRANCHISE; REPEALING ALL PREVIOUS ELECTRICAL LIGHTING AND POWER FRANCHISE ORDINANCES; PROVIDING FOR THE PUBLICATION OF TffiS FRANCHISE ORDINANCE AND ITS ACCEPTANCE BY COMPANY. ********** Published Friday, January lOth, 17th, & 24t, J Cj b +· ' . \ .,.,.~: l .... .I ' .... BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: Section 1. That subject to the terms~ conditions, and provisions of this ordinance, the City of Lubbock, Texas, hereinafter referred to as "City", does hereby grant unto Southwestern Public Service Company, a corporation incorporated under the laws of the State of New Mexico, having a permit to do business in the State of Texas, hereinafter referred to as "Company", its successors and assigns, the right, privilege and franchise to conduct within the boundaries of the City of Lubbock,. as such boundaries now exist or may hereafter be ex- tended, an electrical lighting and power business and to enter upon, erect, construct, maintain, extend, repair, replace, and remove in, under, upon, with- in, over,. above, across and along any and all of the present and future public roads, highways, streets, lanes and alleys of the City now or hereafter owned or controlled by the City a system of poles, pole lines,. towers, distribution lines, transmission lines, wires, guys, cables, conduits, transformers, and other distribution and transmission instrumentalities, facilities and appurtenances necessary or proper for the transmission and distribution of electricity into, in, within, from, across and through the City as now existing or as the said City limits may hereafter be extendedi and Company .. its successors and assigns, are authorized to use said poles, pole lines .. towers, distribution lines .. transmission lines, wires, guys, conduits, transformers .. and other distribution and trans- mission instrumentalities, facilities and appurtenances for the transmission .. dis- tribution, delivery and sale of electricity to the City and to the inhabitants of the City or any other person or persons, firms or corporations wherever located within the City limits of ~ubbock for use by such purchaser or purchasers for light, power, cooling and heat, or for either or all of said purposes.. or for any other purpose or purposes, whether same or different from those herein specified for which electricity may be used. Section 2. The franchise rights~ privileges and powers herein granted shall be in force and effect thirty (30) days from the last publication of this Ordinance as hereinafter provided in Section 20, hereof and continue in effect for a term of twenty years from such date, provided., however, that at the end of the first five year period of this term and at the end of each successive five year period thereafter, the City reserves the right to amend this ordinance, by written notice~ served not less than ninety days prior to the end of each five year period by notifying the Company of its intention to amend any of the terms, conditions or consideration of this agreement, except the 20 year term of this franchise hereby granted and rights granted in Section 1. Section 3. Company, on written reasonable request of any responsible person, firm, corporation or governmental authority, shall relocate, raise or lower its wires, where located on~ in or over the streets, alleys and other public ways of City, 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 relocation, raising or lowering of such wires shall be paid by the benefited party or parties, and the Company may require the payment in advance, being without obligation to remove, raise or lower its wires until such payment shall be made, provided, however, that no such payment shall be required of the City J•' except as provided in Section 4. The Company shall be given not less than seventy-two ( 72) hours prior written notice to arrange for such temporary wire changes. Section 4. Within the streets or other public ways of the City, the location and route of all poles, stubs, guys, anchors, lines, conduits and cables placed and con- structed and to be placed and constructed by Company in the construction and maintenance of its electrical lighting and povver system in, within and through . .. , .. ., the City shall be subject to the reasonable and proper regulation~ control and direction of the City, or to· any City official of whom such duties have been or may be duly delegated; all poles erected by the Company shall be so set that they will not interfere with the flow of water in any gutter or drain and so that the same will interfere as little as practicable with the ordinary travel on the streets. sidewalks or other public ways; the regulation and control herein re- served shall include, but not by way of limitation, the right of City to require in writing the relocation at Company's cost Company facilities within the streets or other public ways of City whether heretofore erected and constructed or here- after erected and constructed by virtue of the rights and privileges granted herein or otherwise whenever such shall be reasonably necessary to eliminate a traffic hazard, the widening, change of grade, relocation or other City construction except City owned power system improvements within such streets or public ways; provided, however~ Company shall be entitled to be paid for its costs and expenses of any relocation, raising or lowering of its wires~ required by City, pursuant to this Section or Section 3, if such expenses or costs are reimbursable or payable to the Company or the City by the State of Texas, the United States or any governmental agency or subdivision of either~ whether directly or indirectly, but nothing herein shall impose any obligation on the City to pay such costs and ex- penses except to the extent it receives funds from the United States, State of Texas, or any governmental agency or subdivision of either, for the reimbursement or payment of same. The provisions of this section shall not apply to improvements made by the Company on private easements recorded prior to any dedication of any street,..~a:Iley or public .yvay.. Section 5. If it becomes necessary in furnishing electricity as contemplated under this franchise~ the City grants to the Company the right and privilege to take up pavements and sidewalks, if any, in and upon said streets~ alleys and highways in said City of Lubbock for the purpose of making such excavation and installation as may be necessary; provided~ however, that Company shall not take up or excavate any pavement at any time without first securing permission of the City Manager or his designated representative; and provided further, that all excavations and installations so made shall be performed in such manner as will cause the least inconvenience to the public, and Company shall promptly restore or cause to be restored to as good condition as before working thereon all streets excavated by it to the reasonable satis.faction of the City Manager or his designated representative. Section 6. If any of the facilities installed by Company hereunder shall be in any respect damag~d or injured by the City of Lubbock or any of its officers, agents, representatives, or employees, in connection with the performance of any work or repairs that may be done upon the streets, avenues, alleys and other public places of the City of Lubbock, Company shall not be entitled to prosecute or maintain a claim against the City of Lubbock for any such damage or injuries so sustained by it, except where such damages are the result of willful acts or negligence of the officers, agents, representatives or employees and the same is hereby in all things waived; provided, however, this section shall not apply where such property is damaged or injured as a proximate result of installing, maintaining or removing City's equipment upon or from Company's poles, or in or from Company's ductlines, as provided in Section 10 hereof. Section 7. Company, its successors and assigns, shall file with the City Secretary of the City of Lubbock a schedule of all rates for electric energy and other services charged any consumer within the City of Lubbock which shall be the rates now in existence; provided, however, nothing herein shall prohibit the Company from filing in the future its application for increase or decrease of such rates. The City, by the granting of this franchise, 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 under the Charter of the City to regulate the rates for services of Company; and Company,, by its acceptance of this franchise, agrees that all such lawful regulatory power and rights as the same may be from time to time 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. Section 8. It shall be the Company's obligation hereunder to furnish efficient electrical service to the public at its rate schedule, said service to be first class in all respects, considering all circumstances. The Company shall not discriminate against any person, corporation., firm, association in the charge for such electrical current or in the services rendered under like circumstances. The Company shall not directly or indirectly grant any discount., rebate or give things of value to circumvent the rate schedule. Section 9. Nothing contained in this Ordinance shall be construed as conferring upon Company any exclusive rights or privileges of any nature whatsoever. Section 10. In addition to the consideration set forth ·elsewhere in this ordinance, the Com- pany shall hereafter hold itself ready to furnish free of charge, subject to the use of the City, such pole space as may be required from time to time for the installation of City-owned street light equipment, traffic, police and fire alarm system conductors, and alarm or other necessary signal boxes; provided that such conductor space does not exceed the capacity of one cross-arm on any one pole, and provided that such space is available on existing poles or has been requested in writing by the City Manager or his designated representative prior to installation of Company facilities hereunder placed within any street, alley or public way. The specific location of the street light equipment, and police and fire alarm conductors and boxes on Company's poles shall be determined by the Company, and will be allotted at the time specific applications for ~ace are received from the City. Where a main underground ductline is hereafter constructed or installed between manholes by Company the Company shall, as a part of same, provide free of charge for the installation by City of its traffic, police or fire alarm cables, on request in writing by City Manager or his designated representative prior to construction~ one top duct having one capped off entry channel and one capped off exit channel between each two manholes, such entry and exit channels leaving the duct bank enclosure outside of, but near to~ such manholes, and no cable or other equipment of City shall enter Company's manholes. Company shall~ prior to each addition by it to any duct now existing or hereafter constructed, notify the City Manager or his designated representative of City of the nature and location of such intended addition; further, Company shall~ along with its application for a permit to open a street for the purpose of laying a new duct~ provide the City Manager and the City Engineer's Office each with a set of plans showing the type, number, and location in the street, of the ducts to be con- structed. City, prior to the original installation by it of its equipment in any such top duct, shall notify Company of the time and place it intends to make such entry and installation. All cables installed by the City in Company ducts shall be of the non-metallic, sheath type to prevent corrosive or electrolytic action between the City and Company-owned cables. All city-owned conductors and cables, whether on poles or in ductlines, shall be constructed, maintained and operated in such manner as to not interfere with or create a hazard in the operation of the Company's electrical transmission and distribution system. Further, all City-owned traffic, police and fire alarm conductors, and alarm boxes, and any City circuits on Company poles~ and all cables installed by City in ducts constructed by Company, shall be installed in strict compliance with the applicable provisions of the "Safety Rules for the Installation and Maintenance of Electric Supply and Communication Lines", Handbook 81, as issued November 1, 1961, by the United States Department of Commerce~ Bureau of Standards, as from time to time amended or supplemented; provided, however, nothing herein shall impair the right of the City in the future by Ordinance to adopt any new, amended or revised code, or by ordinance to specify such further or different standards as may be found to be in the public interest. Provided further~ that no part or portion of this Section shall ever be construed as requiring the Company to make any additional exp}idi- ture over and above the normal and ordinary cost of any major capital improvement of its electrical system which may hereafter be placed and constructed in any streets, alleys or public way. The Company shall not in any case be liable for damages or claims of damages to any person or person arising from or growing out of the attachment of City's equip- ment~ or arising from or growing out of the construction operation or . maintenance of such facilities. The City further agrees to indemnify and hold the Company harmless from any and all damages or claims from damages by reason of the construction"' maintenance or operation of the City's facilities hereunder. ,_,..------------------------__,. ' Section 11. As compensation and rental for the use of the streets, alleys and public ways of City in the conduct of its business under this franchise, Company shall pay City each year of the life of this franchise a sum of money equal to two percent (2o/o) of the annual gross receipts of Company within the City of Lubbock from its electric lighting and power sales for ~onsumption within the corporate limits of the City. Said payments shall be due and payable monthly; the first payment to be due and payable on the 15th day of the month following the effective date of this franchise and on the 15th day of each month thereafter for the remaining life of this franchise, and each payment shall be computed upon receipts by Company during the thirty day period immediately preceding each such I:f?.On~y payment date. All money due and payable to City by Company computed under the terms of the existing franchise shall be, in addition to the amount first due under the terms of this Ordinance, payable on the date this franchise is accepted by Company. Nothing herein shall be construed to bar, limit or abridge any legal right which the City may hereafter have to levy, charge, assess or collect an amount in excess of two per cent ( 2%) of the Company's gross receipts for the use by Company of City's streets, alleys and public ways in the conduct of Company's business. Said monthly payments above provided shall be exclusive of and in addition to ad valorem taxes. Any and all such payments made by Company pursuant to this Section shall be credited on any amount imposed, levied or assessed against Company by the City of Lubbock, pursuant to ordinance or otherwise, at any time as a charge (whether designated as rental, tax or other- wise) for the use by Company of City's streets, alleys and public ways. Section 12. Company shall on the 1st day of February of each year of the life of this franchise, file or cause to be filed, ra statement, certified by a duly qualified officer of Company, showing the gross receipts of the Company within the City of Lubbock, during the twelve months ending on the 31st day of December immediately preceding. For the purpose of determining the amoWlt of the gross receipts of the Company at all times during the continuance of the rights herein granted, Company shall keep in its office at the disposal of and open to inspection by any auditor authorized and appointed by the City of Lubbock at all reasonable times all contracts, books of accounts, and costs and operating records, a full, true, complete and accurate account of all monies received and expended., and liabilities incurred by it in connection with its business in the construction, maintenance and operation of its properties operated hereunder. Section 13. The Company, its successors and assigns shall indemnify, save and hold harmless the City from any and all claims for injuries and damage to person or property occasioned by or arising out of the construction., reconstruction, maintenance., operation or repair of said Company's electrical lighting and power system, or by the conducting of Company• s business in the City of Lubbock, or in any way growing out of the granting of this franchise, either directly or indirectly, or by reason of any act., negligence or nonfeasance of the contractors., agents or employees of Company, its successors and assigns., and 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 exercise of the rights and privileges hereby granted, or by the abuse thereof, and Company shall indemnify and hold the City harmless from and on account of all damages, costs, expenses, actions and causes of actions that may accrue to or be brought by a person., persons, company or companies at any time hereafter by reason of the exercise of the rights and privileges hereby granted., or of the abuse thereof; provided, how- ever., that the provisions of this Section shall not be applicable to any claims, damages, costs, expenses, actions or causes of actions proximately resulting from the use by City, its officers, agents, representatives or employees, of Company's poles and du1~tlines for the installation, maintenance or removal of City's equipment, as provided in Section 10. Section 14. In granting this franchise it is understood that the lawful power vested by law in the City to require all persons or corporations to discharge the duties and undertaking for the performance of which this franchise was made is reserved; this grant is made subject to all the rights, powers and authorities either of regulation or otherwise reserved to the City by its Charter or by the general laws of the State. Section 15. The rights, franchises and privileges hereby granted shall not be transferred or assigned by the Company except with the consent of the City Commission of the City of Lubbock expressed by Ordinance passed by said City Commission; provided, however, the Company may mortgage or pledge its rights hereunder for security or obligations owing by the Company; and provided further, that a transfer could be made in a merger, consolidation or re-organization proceeding to which the Company is a party or to a subsidiary corporation or affiliate corporation of the Company or wherein the Company sells its entire physical assets. In the event of contemplated transfer of this franchise, under the terms of this section permitting transfer without consent of City Commission, the Company shall ' notify the City of Lubbock of the contemplated transfer by written notice delivered to the City Secretary not less than sixty days prior to accomplishment of any merger, con- solidation or re-organization proceeding or transfer of its entire physical assets; and will provide the City Commission an opportunity to confer with the proposed transferee concerning proper acceptance of the terms of this franchise. Section 16-. To the extent that the City has authority so to do, it gives to Company, during the life of this franchise, the right, license, privilege and permission to trim trees upon and overhanging the streets, alleys, sidewalks and public places of City, so as to prevent the branches of such trees from coming in contact with the wires or other equip- ment of Company. Company agrees that it will fully protect and indemnify City from any and all claims, demands, actions, causes of actions, damages and expenses arising because of such trimming by Company under the provisions of this Section. Section 17. The franchise rights and privileges hereinabove granted to Company,, its successors and assigns are and shall be at all times, during the term and life of this franchise, contingent upon the faithful and punctual performance of and compliance with all acts, requirements and provisions of this Ordinance, and any amendment hereof, by the Company, its officers, agents and employees on its part to be per- formed, complied with and abided by, and if at any time Company shall refuse or fail to keep, perform, comply with and abide by all and singular the acts, require- ments and provisions of this Ordinance, or any amendment, within sixty days from receipt of written notice from the City Manager acting by order of the City Com- mission setting forth in detail the facts constituting default of the Company and what is required to cure such default; and upon continued failure of Company to keep, perform, comply with and abide by such acts, requirements and provisions of this Ordinance or any amendment or failure to cure the default set forth in such written notice, the City Commission may terminate, at its option, this franchise and all privileges and rights herein granted to said Company. The notice herein mentioned shall be sufficient, if given to the Manager of Company in charge of its main office in the City of Lubbock, and if at such time said Company shall not have a manager in charge of an office in Lubbock, Texas then such notice shall be forwarded to Company1 s Central Office in Amarillo, Texas. Section 18. 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 un- enforceable), the validity of the remaining 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 contained 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 decl.ared to be severable. Section 19. This franchise replaces all former franchise ordinances granted to Company or its predecessors, which are hereby repealed, which repeal is effective as of the time the franchise herein granted takes effect. There is specifically and particularly repealed, effective as of that time, that certain Ordinance No. 92 passed by the City of Lubbock on March 27th, 1913, granting to Lubbock Light and Ice Company, its successors and assigns, a franchise for a period of fifty (50) years from March 27th, 1913 and that Ordinance No. 676 passed on December 15, 1941, granting to Texas-New Mexico Utilities Company successor to Texas Utilities Company, an extension of the aforesaid franchise, previously granted to Lubbock Light and Ice Company, for an additional period of one (1) year beyond its expiration date, or until March 27, 1964 such franchise subsequently having been assigned to Southwestern Public Service Company on the 1st day of September, 1942. Section 20. Company shall, within thirty (30) days from the date of the final passage of this Ordinance by the City Commission of the City of Lubbock, file with the City Secretary of Lubbock, a written statement signed in its name and behalf by an officer of the Company duly authorized by its Board of Directors in the following form: 11The Honorable Mayor and the City Commission of the City of Lubbock: "Southwestern Public Service Company, for itself, its successors and assigns, hereby accepts the attached Ordinance finally passed by the City Commission of Lubbock, the --:----day of , 19 , and agrees to be bound by all of its terms and provisions. Southwestern Public Service Company BY:.~~--~-----------------------------(Office) "Dated the day of , 19 -----------------------------------------~ ------If The full text of this Ordinance shall, after final passage by the City Commission of the City of Lubbock, be published once each week for three (3) consecutive weeks in a newspaper of general circulation published in the City of Lubbock, and the expense of such publication shall be borne by Company. Upon said publication being completed and the acceptance of this Ordinance by Company as herein provided, this Ordinance shall take effect thirty ( 30) days after its last publication. (. ,• ' . AND 'IT IS SO ORDERED. Passed by the Commission on first reading this 19th __________________________ , 19 '63 Passed by the Commission on second reading this 9t h _______ Ja_n_u_a_r_Y ______ , 19_6_4 __ ATTEST: ~~~ day of December day of ' ~ ~ I~ Don D. Loden, Financial Vice President and Secretary of SOUTHWESTERN PUBLIC SERVICE COMPANY~ do hereby certify that the following is a true and correct copy of resolution duly adopted at a regular meeting of the Board of Directors of said Com-pany held January 15, 1964, at which a quorum was present; and that said resolution has not been modified or amended and is still in full force and effect: "RESOLVED, that H. L. Nichols, Chairman of the Board of this Company~ and A. R. Watson, President of this Company, be, and either of them, are hereby author-ized for and on behalf of this Company to execute and accept in writing the Franchise Ordinance, being Ordi-nance No. 4269, passed by the City Commission of the City of Lubbo'*, Texas, on first reading on December 19, 1963, and passed by said commission on the second reading on January 9, 1964, whereby this company agrees to be bound by all of the terms and provisions of said ordinance. 11 ./ The H~norable Yayor and The c~ty Commi~sion of The City of Lubbock Lubbock, Texas Gentlemen: Southwestern Public Service Company, for itself, l• _ succussors and assigns, hereby accepts the attached Ord~nance finally passed by the City Commission of Lubbock, the 9th day of January, 1964, and agrees to be bound by all of its terms and conditions. ATTEST SOUT"dWESTERN PUBLIC SERVICE CC 2A~:! By~ 4~ Lf4~ A ::ia~Ar~t:::...-,, ~~~ By Pres;:d;; t The Honorable Mayor and The City commission of The City of Lubboc~< Lubbock, Texas Gentlemen: Southwestern Public Service Company, for itse}t. its successors and assigns, hereby accepts the attachej Ordina~c~ finally passed by the City Commission of Lubbock, the 9th day of January, 1964, and agrees to be bound by all of its terms and conditions. ATTES:J SOUTHWESTERN PUBLIC SERVICE CO. -:PANY By '71.· ... 4..~. By~ Preside:1t .... .