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HomeMy WebLinkAbout08749 ORD - 02/07/1968• 12/29/67 1 .. , a TEXAS: AN ORDINANCE GRANTING TO NUECES ELECTRIC COOPERATIVE, INC., ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC LIGHT, HEAT AND POWER FRANCHISE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. THERE IS HEREBY GRANTED TO NUECES ELECTRIC COOPERATIVE, INC., ITS SUCCESSORS AND ASSIGNS, HEREINAFTER CALLED "GRANTEE", THE RIGHT, PRIVILEGE AND FRANCHISE FOR A TERM OF FIVE (j) YEARS FROM THE EFFECTIVE DATE HEREOF TO CONTINUE TO FURNISH ELECTRIC ENERGY TO ANY DWELLING, STRUCTURE, APPARATUS OR POINT OF DELIVERY TO WHICH THE CO- OPERATIVE CORPORATION WAS DELIVERING ELECTRIC ENERGY ON THE DATE SUCH AREA WAS ANNEXED TO THE CITY OF CORPUS CHRISTI AND IF ANY PERSON DESIRES ELECTRIC SERVICE IN SUCH ANNEXED AREA FOR ANY DWELLING, STRUCTURE, APPARATUS OR POINT OF DELIVERY WHICH WAS ." NOT BEING SERVED BY THE COOPERATIVE CORPORATION ON THE DATE THE AREA BECAME ANNEXED AND TO WHICH CENTRAL STATION SERVICE IS NOT AVAILABLE FROM THE CITY OR TOWN OR A PUBLIC UTILITY CORPORATION, THE CO- OPERATIVE CORPORATION MAY THEREAFTER FURNISH ELECTRIC ENERGY TO SUCH DWELLING, STRUCTURE, APPARATUS OR POINT OF DELIVERY, UNDERGROUND CONDUITS, POLES, TOWERS, WIRES, TRANS- MISSION LINES AND COMMUNICATION LINES FOR ITS OWN USE, FOR THE PURPOSE OF SUPPLYING ELECTRICITY TO THE SAID CITY AND THE INHABITANTS THEREOF AND PER- SONS AND CORPORATIONS IN AND BEYOND THE LIMITS THEREOF, FOR LIGHT, HEAT, POWER AND ANY OTHER PURPOSES FOR WHICH ELECTRICITY MAY BE USED. FOR AND AS FULL CONSIDERATION AND COMPENSATION FOR THIS FRANCHISE AND THE RIGHTS, PRIVILEGES AND EASEMENTS GRANTED AND CONFERRED THEREBY AND AS RENTAL FOR THE USE OF THE STREETS, ALLEYS AND OTHER PUBLIC AREAS WITHIN OR THAT MAY HEREAFTER BE WITHIN SAID CITY, THE GRANTEE SHALL PAY SAID CITY 2% OF THE GRANTEES GROSS RECEIPTS DURING THE YEAR FROM THE SALE OF ELECTRIC ENERGY IN AND FOR USE WITHIN THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI, IN SEMIANNUAL INSTALLMENTS, AS FOLLOWS: GRANTEE, WITHIN ONE MONTH OF JUNE 30 AND DECEMBER 31 OF EACH YEAR SHALL FILE WITH THE CITY SECRETARY A REPORT SWORN TO BY ITS SECRETARY- TREASURER SHOWING ITS GROSS RECEIPTS FOR THE SIX MONTHS PRECEDING JUNE 30 AND DECEMBER 31 AS THE CASE MAY BE FROM THE SALE OF ELECTRIC ENERGY IN AND FOR USE WITHIN THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI AND THE AMOUNT TO BE PAID HEREUNDER WILL BE BASED UPON SAID REPORTS AND WILL BE PAID IN SEMIANNUAL INSTALLMENTS ON OR BEFORE JULY 31 AND JANUARY 31, RESPECTIVELY. SECTION 2. POLES OR TOWERS SHALL BE SO ERECTED AS NOT TO UNREASONABLY INTERFERE WITH TRAFFIC OVER STREETS AND ALLEYS. THE LOCATION OF ALL POLES AND TOWERS OR CONDUITS SHALL BE FIXED UNDER THE SUPERVISION OF THE STREET AND ALLEY COMMITTEE OF THE CITY OF CORPUS CHRISTI, OR THE SUCCESSORS TO THE DUTIES OF THAT COMMITTEES BUT NOT SO AS TO UNREASONABLY INTERFERE WITH THE PROPER OPERATION OF SAID LINES. SECTION 3. THE PROPERTY OF GRANTEE SHALL BE MAINTAINED IN GOOD ORDER DURING THE LIFE OF THIS GRANTS AND THE SERVICE FURNISHED HEREUNDER TO SAID CITY AND ITS INHABITANTS SHALL BE FIRST CLASS IN ALL RESPECTS AND AT REASONABLE RATES, AND SHALL BE SUBJECT TO SUCH REASONABLE RULES AND REGULA- TIONS AS THE GRANTEE MAY MAKE FROM TIME TO TIME. THIS FRANCHISE MAY BE FOR- FEITED IN A COURT OF COMPETENT JURISDICTION BY THE CITY OF CORPUS CHRISTI FOR FAILURE OF THE GRANTEE TO FURNISH EFFICIENT SERVICE AT REASONABLE RATES AND/OR TO MAINTAIN THE PROPERTY IN GOOD ORDER THROUGHOUT THE LIFE OF THIS GRANT. THE GRANTEE MAY REQUIRE REASONABLE SECURITY FOR THE PAYMENT OF ITS BILLS. SECTION 4. UPON THE TERMINATION OF THIS GRANTS THE GRANT AS WELL AS THE PROPERTY IF ANY, OF THE GRANTEE IN THE STREETS AVENUES AND OTHER PUBLIC PLACES, IN THE THEN CITY LIMITS OF THE CITY OF CORPUS CHRISTI, SHALL THEREUPON UPON A FAIR VALUATION THEREOF BEING PAID TO THE GRANTEES BE AND BECOME THE PROPERTY OF THE CITY OF CORPUS CHRISTI, AND THE GRANTEE SHALL NEVER BE ENTITLED TO ANY PAYMENT OR VALUATION BECAUSE OF ANY VALUE DERIVED FROM THE FRANCHISE OR THE FACT THAT IT IS OR MAY BE A GOING CONCERN DULY INSTALLED AND OPERATED; PROVIDED HOWEVER IT SHALL BE OPTIONAL WITH THE CITY OF CORPUS CHRISTI WHETHER OR NOT IT ACQUIRED TITLE TO SAID PROPERTIES IN SAID MANNER. THE MODE OF ASCERTAINING THE FAIR VALUE OF THE GRANT AND THE PROPERTY OF GRANTEE IN THE STREETS, AVENUES AND OTHER PUBLIC PLACES OF THE CITY OF CORPUS CHRISTI AND SHALL BE AS FOLLOWS: -2- CITY OF CORPUS CHRISTI SHALL APPOINT ONE COMPETENT ELECTRICAL ENGINEER WHO HAS HAD NOT LESS THAN FIVE (5) YEARS ACTUAL EXPERIENCE'IN APPRAISING ELECTRIC PUBLIC UTILITY PROPERTIES AND THE GRANTEE SHALL APPOINT AN ENGINEER OF LIKE QUALIFICA- TIONS, OR MAY, AT ITS OPTIONS APPOINT ITS CHIEF ENGINEER, WHICH TWO SAID ENGINEERS SHALL MAKE AN ACTUAL EXAMINATION OF THE PROPERTIES AND REPORT THEIR AGREEMENT OF THE FAIR VALUE TO THE CITY AND THE GRANTEES AND IN CASE THE SAID ENGINEERS ARE UNABLE TO AGREE AS TO A FAIR VALUES THEY SHALL JOINTLY SELECT A THIRD ELECTRICAL ENGINEER OF LIKE QUALIFICATIONS, AND A MAJORITY OF THE THREE SO APPOINTED MAY REPORT A VALUE WHICH SHALL BE BIND- ING UPON BOTH THE CITY OF CORPUS CHRISTI AND THE GRANTEE. IF THE TWO ENGINEERS SELECTED AS ABOVE OUTLINED BY THE CITY OF CORPUS CHRISTI AND THE GRANTEE ARE UNABLE TO AGREE UPON THE FAIR VALUATION AND ARE UNABLE TO AGREE UPON A THIRD ENGINEER TO'ACT WITH THEM, THEN AND IN THAT EVENT THE JUDGE OF THE UNITED STATES DISTRICT COURT OF THE SOUTHERN DISTRICT OF TEXAS SHALL APPOINT A THIRD ENGINEER. IT IS EXPRESSLY AGREED, HOWEVER, THAT THE ACQUISITION OF SUCH PROPERTY SHALL BE SUBJECT TO THE APPROVAL OF THE MORTGAGEE OF NUECES ELECTRIC COOPERATIVE, INC. THE UNITED STATES OF AMERICAS ACTING BY AND THROUGH THE ADMINISTRATOR OF THE RURAL ELECTRIFICATION ADMINISTRATION. SECTION 5. THE GRANTEE SHALL HOLD THE CITY HARMLESS FROM ALL EXPENSE OR LIABILITY FOR ANY ACT OR NEGLECT OF THE GRANTEE HEREUNDER. SECTION 6. THIS FRANCHISE IS NOT EXCLUSIVES AND NOTHING HEREIN CONTAINED SHALL BE CONSTRUED SO AS TO PREVENT THE CITY FROM GRANTING OTHER LIKE OR SIMILAR RIGHTS AND PRIVILEGES TO ANY OTHER PERSONS FIRM OR CORPORATION. SECTION 7. THE AREA OF THE CITY TO WHICH THIS FRANCHISE SHALL APPLY IS THAT AREA IN THE WESTERN PART OF THE CITY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: AREA ONE ALL THAT AREA BOUNDED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF AIRLINE ROAD AND SARATOGA ROAD; THENCE IN A NORTHERLY DIRECTION ALONG THE CENTER LINE OF AIRLINE ROAD TO THE RAILROAD TRACK; THENCE IN A NORTH- WESTERLY DIRECTION ALONG THE CENTER LINE OF SAID RAILROAD TRACK TO THE INTERSECTION OF EVERHART ROAD; THENCE IN A NORTHERLY OR NORTHEASTERLY DIRECTION ALONG THE CENTER LINE OF EVERHART ROAD TO A POINT 2600 FEET PAST THE INTERSECTION OF LEXINGTON BOULEVARD; THENCE IN A NORTHWESTERLY DIRECTION 2600 FEET TO A POINT; THENCE IN A SOUTHWESTERLY DIRECTION PARALLEL TO EVERHART ROAD TO THE N4VAL BASE RAILROAD TRACK CENTER LINE; THENCE IN A NORTHWESTERLY DIRECTION ALONG THE CENTER LINE OF SAID RAILROAD TRACK TO THE INTERSECTION OF KOSTORYZ ROAD; THENCE IN A NORTHERLY ON NORTHEASTERLY DIRECTION ALONG THE CENTER LINE OF KOSTORYZ ROAD 2600 FEET; -3- THENCE AT A RIGHT ANGLE IN A NORTHWESTERLY DIRECTION 2600 FEET TO A POINTS THENCE AT RIGHT ANGLES IN A SOUTHWESTERLY DIRECTION PARALLEL TO KOSTORYZ ROAD TO THE SAID NAVAL BASE RAILWAY TRACK CENTER LINE; THENCE ALONG THE SAID CENTER LINE OF SAID RAILWAY TRACK CROSSING CHAPMAN RANCH ROAD AND CONTINUING ON FOR A DISTANCE OF 2600 FEET; THENCE IN A SOUTH- WESTERLY DIRECTION PARALLEL TO CHAPMAN RANCH ROAD TO THE SOUTHWESTERN CITY LIMITS THENCE IN A SOUTHEASTERLY DIRECTION ALONG THE CITY LIMITS LINE TO THE PLACE OF BEGINNING. AREA TWO BEGINNING AT A POINT ON THE CITY LIMITS LINE WHERE THE SAID LINE CROSSES KOSAR ROAD SOUTH OF CLARKWOOD; THENCE IN A NORTHERLY DIRECTION PARALLEL TO COUNTY ROAD No. 55 A DISTANCE OF ONE MILES THENCE AT RIGHT ANGLES IN A WESTERLY DIRECTION PARALLEL TO TEXAS STATE HIGHWAY 44 A DISTANCE OF 2600 FEET; THENCE IN A SOUTHERLY DIRECTION A DISTANCE OF APPROXIMATELY 2600 FEET TO THE CITY LIMITS LINE; THENCE IN A SOUTHEASTERLY DIRECTION ALONG THE CITY LIMITS LINE TO THE PLACE OF BEGINNING. AREA THREE ALL OF THAT AREA WITHIN THE CITY LIMITS LINE LYING WEST OF FM ROAD 2292 SOUTH OF HIGHWAY 9 AND EAST OF HIGHWAY U.S. 77. SECTION 8. THIS FRANCHISE SHALL BECOME EFFECTIVE AFTER PUBLICA- TION AND COMPLIANCE WITH THE PROVISIONS OF THE CITY CHARTER AND ACCEPTANCE BY THE GRANTEE WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE. THAT THE FOREGOING ORDINANCE WAS AD FOR THE Q.T.I�E AND PAS ED TO ITS SECOND READING ON THIS THE DAY OF , t9 , BY THE FOLLOWING VOTE: JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY, JR. P. JIMENEZ, JR., M.D. GABE LOZANO, SR. KEN MCDANIEL W. J. "WRANGLER" ROBERTS THAT THE FOREGOING ORDINAN WAS READ F TO ITS THIRD READING ON THIS THE DAY OF BY THE FOLLOWING VOTE: JACK R. BLACKMON RONNIE SIZEMORE V. A. „DICK" BRADLEY, JR. P. JIMENEZ, JR., M.D. GABE LOZANO, SR. KEN MCDANIEL W. J. "WRANGLER" ROBERTS BLED _I THAT THE FOREGOING ORUINANW WAS READ FOR THE TVIRD TIME AND PASSED FINALLY ON THIS THE _� DAY OF , l9_k_, BY THE FOLLOW- ING VOTE: JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY, JR. P. JIMENEZ, JR., M.D. GABE LOZANO, SR. Q.GJ�L KEN MCDANIEL _ V W. J. "WRANGLER" ROBERTS PASSED AND APPROVED, THIS THE DAY of 19. ATTEST C I"T"Y�ECREr`AR R THE CITY OF CORPUS CHRISTI, TEXAS APPROVED AS T LEGAL FORM I THE 9 DAY OF � 1.a: CITY A TORNEY G/ Cill OF CORPUS CHRISTI, TOM r fPAQTMENF OF FINANCE— COLlER10 56Cf1ON Da ( (�� �0 26250 Received - d �, J~ O Lice�� Permit v �� o 79'/ / y in 9iYbty of Corpus a-i4 T-.% -der the madi6— imposed by Lew. NON TRANSFERABLE RECE7.Pm DEPOSIT REPOM 37M. form 56 tRev_ 7-581 Date - TOa ACCOUNTING DIVISION FROM& Dater. of Receipts Recei t Numbers From Thru DESCRIPTION OF RECEIPTS Tax Office Receipt No, Total Deposited Tax Office Representative Division Head ACCOUNTING DIVISION ONLY Receipts Accounted for (Total Verified Against Deposit Entered in Cash Report Sheet (Revenue Ledger Account Remarks January 3, 1968 Mr. Leland Bames, Manager Classified Department Corpus Christi Caller -Times Post Office Box 2191 Corpus Christi, Texas 78403 Dear Mr. Barnes: Herewith is an ordinance franchise in favor of the Nueces Electric Cooperative, Inc. which I shall appreciate your publishing, January 5 and January 12, and again on February 8. We will call your office after the second and third readings, which will be done on January 10 and February 7. Sincerely, T. Ray Kring City Secretary Enclosure r January 3, 1968 Mr. Leland Bames, Manager Classified Department Corpus Christi Caller -Times Post Office Box 2191 Corpus Christi, Texas 78403 Dear Mr. Barnes: Herewith is an ordinance franchise in favor of the Nueces Electric Cooperative, Inc. which I shall appreciate your publishing, January 5 and January 12, and again on February 8. We will call your office after the second and third readings, which will be done on January 10 and February 7. Sincerely, T. Ray Kring City Secretary Enclosure PUBLISHER'S AFFIDAVIT STATE OF TEXAS. County of Nuem. Before me, the undersigned, a Notary Public, this day personally come .......... . who being first duly sworn, according to law, says that he is the of the Corpus Christi Caller and The Corpus Christi Timea, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of gZaatimp—MR Ume S and a signs, an electric light heat and power franchise-- - of which the annexed is a true copy, was published in . . .. . ...... ThR-21-nfM ........ on the. -,5.— day 19A_ and ----- - 2 12, February 8,1968 14, -Crgi*9144'�VgMfer fsffft nage Subscribed and sworn to before me this 3.3 ......_._day of—.1-qj2zjV. aXy 8 ......... Louise Vick oGrFii�,,1..,,—,ueces County,` ��as FM v 9 I ' Its second readln9 In {he ie IdoY b JonWrY, 19e9, by In ale: Jock R. plockmen Pannle Sl:omere V, A. "Dick" Brotllev, Jr. P. J'menez. JI`. M.D. u Gobs Leztlno, Sr. t Ken McWO^^el r" 0.aber15 eel InJeck eR. Blochmon pennle Slur," r� V. A. Dlck" Brndley, Jr. n, �1 P. JlmMez, Jr M.D �,je r" LezmrI, Sr. nve Ken McDaniel W J. Wrangler" RaWi Thal the Iprepolnp artllnonee w d ler 1hP. lhlrtl 71 Ilma entl pulsed llnolly en 11115 the n dai of Feb., 19e6 by the IolloWing ve nye Jock R. Blackmon nv Ronnie Slz.- V. A, 'Dlck" Bradley. Jr. abseve —. p. Jimenez, Jr., 1.1.D. o Gabc L Sr. eve JJB Ke Mr0 nlel Wrnnaler" Raberis Ihn p55ED AID 30 thp d4 d AP1968. , AT EST: I i. Rbv Krinp Jack R. Blackman CItY Sxfe— MaYOr The col P, Cbrpu! Cnrlstl, TeKasl Thl! the ]In tlaY -el Feblkel M'1'Singerl Clly All. —Y ( -e h �.