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0 <br />Jonathan' S. Day - 4 May 21, IV <br />"the jurisdiction and power exercised by a municipal. <br />corporation is and must be confined to the territory <br />Of its situs." <br />The business of Houston -Lighting & Power . <br />Company is not- local in character. The Company serves <br />a territory comprising approximately 5,600 sruare miles <br />in a '­wei ve county area.. The . City is without authority • <br />to Oeny to the Company the right to build its pipeline . <br />through the City so as to transport the fuel oil from <br />a ooint outside the City to plants also located out- <br />side the City. At the same time the Company accepts <br />that the construction of the pipeline through the City <br />is. subject to reasonable regulation by the City, which <br />regulation is provided for in the Company's present <br />franchise. Detailed plans and specifications have al- <br />ready been submitted to the public Works Department in <br />compliance with Section 3 of the Company's franchise. <br />'. <br />-- Section 4 of the franchise assures that any "public <br />place disturbed by Company in erecting its <br />electrical lighting and power system shall be restored <br />immediately after the completion of the work to -as good <br />a condition as before the commencement of the work and <br />maintained to the satisfaction of the City for one <br />year from the date the surface is broken for such -- <br />construct -ion ." Also Section 14 of the franchise <br />commits the Company to "protect and hold City harmless <br />against all claims for damages or demands for damages <br />to any person or property by reason of•the construction <br />{ <br />and maintenance of its electrical lighting and power <br />7 <br />, <br />system . . . " <br />With the foregoing considerations in mind, it i <br />` <br />is our opinion that tha City and the Company should <br />handle pipeline crossings in accordanc-a with the pro- ' <br />j <br />cedures that have already been worker: out with the City <br />a <br />for the installation of other Company facilities under <br />the streets of the City. if you need any additional <br />information we hope you will not hesitate to let us know. <br />1 <br />Yours very truly, . <br />_ <br />j <br />/s/William R. Brown <br />William R. Brown <br />