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HomeMy WebLinkAboutOrdinance - 8341-1982 - Ord. Granting To SW Public Service Co. The Right To Conduct Elec. Light. & Power - 06/22/1982,, .f.'"'f'\~ ~~·-:-:'r:,-r.r:.···: TP::.:'\C}l1RFr..: ORDINANCE NO. 8341 FRANCHISE AN ORDINANCE GRANTING TO SOUTHWESTERN PUBLIC SERVICE COMPANY THE RIGHT, PRIVILEGE AND FRANCHISE TO CONDUCT WITHIN THE CITY OF LUBBOCK, TEXAS, AN ELECTRICAL 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, HIGlftlAYS, STREETS, LANES, AND ALLEYS OF THE CITY OF LUBBOCK, A SYSTEM OF POLES, POLE LINES, TOWERS, DISTRIBUTION LINES, TRAJlSMISSION 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 OF LUBBOCK, AS NOW EXISTING, OR AS SAID CITY LIMITS MAY HEREAFTER BE EXTENDED; AND GRANTING SOUTHWESTERN 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 TEMPOP~RY REMOVAL, RAISING OR LOWERING BY COMPANY OF ITS WIRES AND OTHER APPURTENANCES; PROVIDING FOR THE RIGHT TO, AND CONDITION 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 AND OTHER PUBLIC PLACES OF CITY, AS WELL AS TO REQUIRE THE RELOCATION OF SAME; PROVIDING FOR EFFICIENT ELECTRICAL SERVICE AND THE MAINTAINING OF COMPANY'S FACILITIES; PROVIDING FOR THE USE BY CITY FOR 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 INSPECTION 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 SEVERA- BILITY 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 THIS FRANCHISE ORDINANCE AND ITS ACCEPTANCE BY COMPANY. .. ·. ..... . . -··.. . · .. \' ~ ',,t .,. BE lT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: WHEREAS, Southwestern Public Service Company has requested that the City Council of the City of Lubbock, Texas, renew its electrical lighting and power franchise at this time, and it appearing to this Council that the renewal of the franchise prior to the expiration of the existing franchise is expedient and wise, and will be of benefit to both the Company and the City of Lubbock; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LpBBOCK, TEXAS: Section 1. That subject . to the terms, conditions, and provisions of this ordinance, the City of Lubbock, Texas, hereinafter referred to as 11 City11 , 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 ·extended, an electrical 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, highways, streets, lanes, alleys and other public rights-of-way of the City now or hereafter owned or controlled by ·:th~: City a system of poles, pole lines, towers, distribution lines, ·transmission lines, underground and above ground ·lines, wires, guys, cables, conduits, transformers, and other distribution and transmission instrumentalities, facili- ties and appurtenances necessary, pr·oper or reasonably needed 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· extended to the extent City is authorized to grant such right; and Company, its \ r ... ' .·"' . . . ., ·-. . . ' •• •• " •• i, . •.: ,• . ~. ' successors and assigns, are authorized to use said poles, lines, towers, wires, guys, conduits, transformers, and other distri- bution and transmission instrumentalities, facilities and appurtenances for the 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 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 or for any other purpose or use which is or may become normal or customary in the industry in Texas. 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 provided Company has accepted same as set forth in Section 20 hereof, and once accepted by Company this franchise shall continue in effect for a term of twenty (20) years from the date of last publication aforementioned. 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, tempo- rarily 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 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. 2 Section 4. Within the streets or other public rights-of-way of the City, the location and route of all poles, stubs, guys, anchors, lines, conduits, underground duct lines, manholes, and cables placed and constructed and to be placed and constructed by Company in. the construction and maintenance of its electrical lighting and power system in, within, through, or under the streets, alleys, or other public rights-of-way of the City shall be subject to reasonable and proper regulation, control and direction of the City, or of the City official to whom such duties have been or may be delegated; all poles, guys or anchors erected by the Company shall be so set that they will not cause diversion of surface waters in any gutter or drain so as to cause damage to adjoining property, and so that the same will interfere as little as practicable with the ordinary travel on the streets, sidewalks and other public rights-of-way of the . City; the regulation and control herein reserved shall include, but not by way of limitation, the right of the City to require Company, at Company's expense, to relocate its poles, lines or conduits so as to permit the following activities undertaken by the City here on its behalf: a. The widening or straightening of any· street or alley located within the City. b. The closing, opening or relocation of any street or alley within the City. c. The location or relocation of any water or sewer lines within the City. d. The changing of grade of any street, alley, curb or sidewalk within the C~ty. e. The construction and maintenance of parks and other public improvements owned by the City of Lubbock located within the city. . In all cases where the Company is required to relocate, change the route of or the position of its poles, lines or conduits, the city shall give at least thirty ( 30) days advance written notice to the Company specifying the new location, route, or position of the poles, lines, or conduits involved; provided, however, Company shall be entitled to be paid for its cost and 3 .. ·. • • ' ! •• . . . .. · . . .. ' • •. I expenses of any relocation, raising or lowering of its wires, required by the City, pursuant to this Section or Section 3, only 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 expenses except to the extent it actually 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 pro- . visions of this section shall not apply to improvements made by the· Company on private easements purchased by Company and recorded prior to .any dedication of any street, alley or public way. In this latter event Company shall be reimbursed its costs and expenses of relocating facilities. 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 side- walks, if any, in and upon said streets, alleys and highways in said City for the purpose of making such excavation and instal- lation as may be necessary; provided, however, that Company shall not take up or excavate any pavement at any time without first securing the written permission of the City Manager or his designated representative~ which permission will not be unrea- sonably withheld; and provided further, that all excavations and installations so made shall be performed in such manner as will cause the least reasonable inconvenience to the public, and Company shall promptly restore or cause to be restored to as good condition as before working thereon all such pavements, sidewalks, streets, alleys or highways excavated by it to the reasonable satisfaction of the City Manager or his designated representative. 4 • •• t • Section 6. If any of the facilities installed by Company hereunder shall be in any respect damaged ·or injured by the City or any of its officers, agents, representatives, or employees, in connec- tion 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, but not including work or repair for or related to the. City owned power system, Company shall not be entitled to prosecute or maintain a claim against the City of Lubbock for any such damage or injury so sustained by it, except where such damages are the result of willful acts or active negligence (as opposed to passive negligence) of the officers, agents, representatives or employees of City, and said right is hereby 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. a. 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. b. Notwithstanding anything contained in this ordinance to the contrary, all work ·done in connection with the construc- tion, repair, maintenance and operation of all facilities of Company is subject to the continuing police power of the City; and the Company shall comply with all present and future laws, 5 ordinances and regulations, except such as conflitt with any pro- . visions hereof lawfully surrendering the City's authority. Section 8. It shall be the Company•s obl igat1on hereunder to furnish efficient electrical service to meet standards of the industry for the area. Company shall serve every eligible consumer in the franchise of Company regarding cost, amount of usage, customer deposits, return on investment, access and other reasonable factors. The Company shall not discriminate against any person, corporation, firm, or association in the charge for such electrical current or <; 1n the service rendered under like circumstances. The Company shall not directly or indirectly grant any discount or rebate, or ~ive . things of value to circumvent the rate schedule. In order to meet competition, nothing herein shall prevent Company from doing anything which is lawfully done or allowed to be done by the City owned power system. Section 9. Nothing contained in this Ordinance shall be construed as con- . . ferring 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 Company shall hereafter hold itself ready to furnish free of charge, subject to the use of the City, such pole space as may be reasonably 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; pro- . vided that such space used by the City does not exceed the capacity . of one cross-arm space on any one pole, and provided that such space is available on existing poles and has been requested three (3) days in advance in writing by the City Manager or his designated represen- tative prior to installation of Company facilities hereunder placed 6 ,. ' within any street, alley or public way. The specific location of the street light equipment, and police and fire alarm con- ductors and boxes on Company's poles shall be determined by the Company, and will be allotted at the time specific applications for space 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 space 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 b.ank 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 constructed. City, prior to the original installation by it of its equipment in any such top duct, shall notify Company three ( 3) days in advance 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, sheathy 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, main- tained 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 7 .1 i ~ • • •• .. ·: . ·., : •. I .. City in ducts constructed by Company, shall . be installed in strict compliance with the applicable provisions of the National Electrical Safety Code and other applicable federal, state and local codes. Provided further, that no part.or portion of this Section shall ever be construed as requiring the Company to make any additional expenditure over and above its normal and ordinary cost, and if the City's requirements hereunder cause an addi- . tiona! cost or expense in enlarging, removing, · adding to or otherwise changing Company • s facilities, City shall reimburse Company for the full amount of such costs. The Company shall not in any case be liable for damages or claims of damages to any person or persons arising from or growing out of the attach- ment of City's equipment, 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 for damages by·reason of the construction, maintenance or operation of the City's facilities as set forth. in this Section. 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 (2%) of the annual gross receipts of Company from its electric lighting and power sales for consumption 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 d~ring the preceding calendar month. All money due and payable to City by Company computed under the terms of the existing franchise shall be payable to the time 8 ..... . . . ·., ·.' . . . • . that computation begins under this franchise. In other words, there shall be no gap in payments to the City between the termination of the existing franchise and the commencement of this franchise. 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 other- wise, at·any time as a charge (whether designated as rental, tax or otherwise) for the use by Company of City's streets, alleys and public ways. The term 11 gross receipts11 as herein used, shall include all receipts from sales of electric lighting and power as mentioned · above, except any such sales to the City- owned power system. 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, a state- ment, certified by a duly qualified officer of Company, showing the gross receipts of the Company within the City of Lubbock (as defined above) during the twelve months ending on the 31st day of December immediately preceding. For the purpose of deter- mining the amount 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 City at all reasonable times, books of accounts and other records showing a full, true, complete and accurate account of the gross receipts of Company from its electric lighting and power sales for consumption within the corporate limites of the City. Section 13. The Company shall indemnify and save the City harmless from all claims, demands or causes of action brought against the City occasioned by or arising out of the construction, reconstruction, maintenance, or repair of Company's electrical lighting and power system, or in any way growing out of the granting of this franchise either directly or indirectly; 9 . '\ ... , , ... . . . .. ,• -~ . . .... . . . . . . provided, however, that the provisions of this Section shall not be applicable to any claims, damages, actions or causes of actions proximately resulting from the use by City, its officers, agents, representatives or employees, of Company•s poles and ductlines for the installation, maintenance or removal of City•s equipment, as provided in Section 10, or for which the City is otherwise liable as provided herein. 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 subj,ec·t 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 Council of the City of Lubbock expressed by Ordinance passed by said City Council; 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 Council, 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 accom- plishment of any merger, consolidation or re-organization proceeding or transfer of its entire physical assets; and will provide the City Council an opportunity to confer with the 10 .. ... . ' .... . : ~ · .. : ~ • ;. j ... . . . proposed transferee concerning proper acceptance of the terms of this franchise. Prior to exercising any rights hereunder, any purchaser or transferee of Company shall file with the City Manager a written acceptance of this franchise setting forth an agreement to be bound by all terms and provisions hereof. Section 16. To the ~xtent that the City has authority to do so, it gives to Company, during the life of this franchise, the right, license, privilege and permission to trim trees upon and over- hanging the streets, alleys, sidewalks and public places of City, so as to prevent the branches of such trees from coming 1n contact with the wires or other equipment 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 performed, 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, requirements and provisions of this Ordinance, or any amendment, within sixty days from receipt of written notice from the city Manager acting by orcier of the city Council 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 11 . .. .. -. ~-··. .. .. ~· . . t .. • • . ' written notice, the City Council 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. Section 18. The City shall have power at any time to require Company to remove and abate at its own expense any installation or structure that is dangerous to life or property, and in case the Company, after reasonable notice, fails or refuses to act, the City shall have the power using reasonable means and methods to remove or abate the same at expense of the Company, all without compensation or liC).bility for damages to the Company. Section 19. If any provision, section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be uncon- stitutional, void or invalid (or for any reason unenforceable), 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 pro- visions of this Ordinance are declared to be severable. Section 20. 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 particu- larly repealed, effective as of that time, that certain Ordin- ance No. 4269 passed by the City of Lubbock on second reading on January 9, 1964, granting to Southwestern Public Service Com- pany, its successors and assigns, a franchise for a period of twenty (20) years. 12 I A ..... :: ... ,:.•· .,. .... ':.;' ';' . c ••• · .• :':_.::: ., ' ·.~ -· I;_ ·-.l ..... ~ .. ...... ,·,,. :._.· ,. ·. ~ : .- :, : ;· -. •· . -~ .. t f .; ·~ ~ --'-.. \ ;·' . . . ~ f .. .. Section-21. Company shall, within thirty (30) days from the date of the final passage of this Ordinance by the City Council 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 Council 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 Council of Lubbock, the day of , 19 , and agrees to be bound by all of its terms and -----· prOVl.Sl.Ons. Southwestern Public Service Company by: --~(O~f~f~J.-·c~e~)----------------- 11Dated the ----day of -------' 19 __ 11 The full text of this Ordinance shall, after final passage by the city Council 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 Council on first reading this day of ----8th -----~J~u&lY~----' 19~. Passed by the Council on second reading this 22nd day of July 19 82 . Texas 13 SOUTHWESTERN PUBLIC SERVICE COMPANY City of Lubbock Street and Alley Rental Tax For Period January 1, 1983 through December 31, 1983 Total Electric Revenue Tax 1983 Subject to Tax 1983 Jan. $ 3,900,998.67 $ 78,019.97 Feb. 4,759,186.20 95,183.72 Mar. 4,142,842.33 82,856.85 Apr. 3,912,073.78 78,241.48 May 4 '148 '771.62 82,975.43 June 4,926,257.46 98,525.15 July 6,343,152.81 126,863.06 Aug. 5,901,617.52 118,032.35 Sept. 5,975,992.22 119,519.84 Oct. 5,132,264.00 102,645.28 Nov. 3,810,179.12 76,203.58 Dec. 4 1096 1 746.13 81 2934.92 TOTAL $57,050,081.86 $1,141,001.63 AFFIDAVIT State of Texas County of Potter I, Coyt Webb, being duly sworn, state that I am the Controller of the above-named Company, that I have examined this report and to the best of my knowledge and belief this is a true and correct record of revenue subject to the Street and Alley Rental Tax to the City of Lubbock, as called for by the amendment to the Electric Franchise. Sworn to the subscribed before me this ~ ~ January 1984. N~r;~ic-Potter County, Texas.