Loading...
HomeMy WebLinkAbout10073 ORD - 01/13/1971AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, CALLING AN ELECTION ON THE QUESTION OF EXTENDING AND AMENDING AN ORDINANCE AND FRANCHISE FINALLY PASSED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI AND APPROVED BY THE MAYOR ON JANUARY 10, 1950, GRANTING TO CENTRAL POWER AND LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC LIGHT, HEAT AND POWER FRANCHISE; DESIGNATING THE TIME AND THE PLACES FOR HOLDING SUCH ELECTION, NAMING- THE OFFICIALS THEREFOR, PROVIDING FOR NOTICE OF THE ELECTION TO BE GIVEN, AND MAKING PROVISIONS INCIDENT AND RELATING TO SAID ELECTION, AND DECLARING AN EMERGENCY. WHEREAS, on the 12 day of January, A. D. 1971, Central Power and Light Company, a Texas corporation, filed with the City Council of the City of Corpus Christi, Texas, an amended application requesting the adoption of an extension and amendment of the electric franchise which it holds, owns and operates under, being the franchise granted by ordinance finally passed by the City Council of the City of Corpus Christi and approved by the Mayor on the 10th day of January, A. D. 1950; and WHEREAS, it is considered necessary, desirable and appropriate that the question of whether or not said franchise extension and amend- ment shall be granted should be submitted to the vote of the legally qualified voters of the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That an election is ordered and called and shall be held in said City of Corpus Christi, Texas, on the 16th day of February, A. D. 1971, on the proposition of whether or not a franchise extension and amendment shall be granted to Central Power and Light Company substantially in accordance with the proposed ordinance attached hereto as Exhibit "A. " 10073 Section 2. That there shall be submitted to the legally qualified voters of the City of Corpus Christi, Texas, at said election the proposition: PROPOSITION Shall the City Council of the City of Corpus Christi be authorized to pass and approve an ordinance and do the things requisite to the granting of an extension and amendment of the electric franchise of Central Power and Light Company to extend the term thereof until December 31, 2000, and provide for payment to the City of the sum of $5,000.00 annually, and in addition thereto, provide for the payment annually in semi- annual installments each year during and for the remainder of a period ending December 1, 1979, of two percent (27) of Central Power and Light Company's gross receipts during the year from the sale of electrical energy in and for use within the corporate limits of the City of Corpus Christi; thereafter, and for the remainder of the extended term, the payment will be increased to four percent (4%) of such gross receipts, all in the form, upon the conditions stated in, and in accordance with the ordinance proposed to be passed as set out in the ordinance calling for this election, passed and approved by the City Council of the City of Corpus Christi on January A. D. 1971. Section 3. Said election shall be held in the City of Corpus Christi, Texas, at the following places, and the following named persons are hereby appointed judges and officers of said election: PRECINCT NO. JUDGE LOCATION 1, 3, 4, 21* & 49 C. M. Proctor, Judge Judge Flores' Court Room John H. Creighton, Alter- Court House nate " That portion lying within the City Limits. -2- • PRECINCT NO. 30 &38 7 &78 8, 82 & 99 24 *, 51 & 81 100 *, 103*, 29* & 34* 52 &79 33 & 47 60 44 &77 41 & 76 45 & 46 31 & 32 6 &39 40 & 58 JUDGE Mrs. J. H. Vetters, Judge Mrs. J. A. Alston, Alternate Mrs. H. A. Tycer, Judge Mrs. Agnes Stone, Alternate Mrs. H. H. McCool, Judge Mrs. Frank Ryan, Alternate Mrs. Edward Whelan, Judge Mrs. Catherine Kelly, Alter- nate Mrs. D. D. Bramblett, Judge Mrs. Abe Whitworth, Alter- nate Mrs. N. E. Sullivan, Judge Mrs. Alvin C. Messmer, Alternate • LOCATION Crossley School 2512 Koepke Oak Park School 3701 Mueller Union Building 801 Omaha Weldon Gibson School 5723 Hampshire Tuloso- Midway High School Home Economics Bldg. 9760 LaBranch Robert Driscoll Junior High 261 Weil Place Mrs. Jose Hinojosa, Judge South Gate School Mrs. Gonzales Martinez, 312 North 19th A lternate Angelita Barrera, Judge Austin School Mrs. Nannie Brown, Alternate 3902 Morgan George Elizondo, Judge Mary Edens, Alternate Santos De La Paz, Judge Rosindo Salinas, Alternate Mrs. E. M. Jimenez, Judge Mrs. J. A. Rodriguez, A lternate Mrs. Ralph Duran, Judge Harold W. Wenger, Alternate Miss Judy Bishop, Judge Mrs. F. L. Alexander, A lternate Mrs. C. E. Buck, Judge Mrs. James B. Durham, Alternate 62, 85 & 88 Mrs. Lilly May Hurst, Judge Mrs. Ada E. Lawson, Alternate 43 & 83 Mrs. Ada J. Lane, Judge Mrs. Raul C. Gueterrez, Alternate That portion lying within the City Limits. -3- Lozano School 650 Osage Segunda Iglesia Bautista 2924 Ruth Lamar School 2212 Morris Furman School 1115 South Alameda South Bluff Methodist Church Youth Center, 1501 Seventh Menger School 2209 South Alameda Wynn Seale Jr. High Annex 1800 Block, South Staples St. Wm. B. Travis School 1645 Tarlton PRECINCT NO. UJ DGE LOCATION 75 Mrs. Henry Trujillo, Judge David Crockett School Mrs. Zulema M. Tamez, 3302 Greenwood Alternate 61 John S. Amerson, Judge Rose Shaw School Annex Mrs. L. M. White, Alternate 3109 Carver 80 Santos Galvan, Judge Skinner Elementary School Mrs. Adam Rangel, Alternate 1001 Bloomington 74 Mrs. Keith W. Lewis, Judge Cunningham Jr. High Mrs. M. A. Ruiz, Alternate 4321 Prescott 57 & 67 Mrs. Edwin L. Olsen, Judge Del Mar College Auditorium Mrs. M. H. Davis, Alternate Parlor B, Ayers St. Entrance 53 & 56 Ned W. Beaudreau, Judge Sam Houston School Margaret Sutton, Alternate 363 Norton 42 & 59 Mrs. Dolly Carroll, Judge Incarnate Word Convent Mrs. Ruth B. Gill, Alternate Utilities Room, 2917 Austin 50 & 86 J. M. Morris, Judge Lindale Recreation Center Mrs. Joe Dorsey, Alternate 3133 Swantner 68 & 96 W. W. Adcock, Jr., Judge Garage at 3013 Brawner Bernice Boecker, Alternate Parkway 73 & 97 M. R. Zepeda, judge Fannin School Marcelo Rodriguez, Alternate 2730 Gollihar 98 Mrs. Frank J. Gamez, Judge Prescott School Natividad Garcia, Alternate 1945 Gollihar 71 Mrs. J. P. Gonzalez, Judge Lexington School Mrs. Cleo Fulton, Alternate 2901 McArdle 20* & 15* Mrs. Chas. Foyt, Judge Kostoryz School Mrs. Edith B. Rincon, Alter- 3602 Panama nate 72 & 95 Mrs. Victor Dlabaja, Judge Central Park School Mrs. Louis A. Polasek, Alternate 3602 McArdle 69 Mrs. Jessie Jordan, Judge Baker Junior High J. 0. Spencer, Alternate 3445 Pecan 87 R. L. McComb, Judge Carroll Lane School Mrs. Pearl Gustafson, Alternate 4120 Carroll Lane 66 Dewey Nix, Judge R. B. Fisher School Albert H. Caldeway, Alternate 601 Minnesota 63 Mrs. Anna J. Kuehm, Judge Boy Scout Hut Lloyd G. Lipsey, Alternate Parkway Presbyterian Church 3707 Santa Fe * That portion lying within the City Limits. -4- PRECINCT NO. JUDGE LOCATION 64 Mrs. M. A. Cage, Judge Santa Fe Swimming Club Mrs. Edwina Williams, Alter- 4100 Santa Fe nate 5 & 93 Mrs. Catherine Cox, Judge Wilson Elementary School Mrs. A. C. Pierce, Alternate 3925 Fort Worth 94 Mrs. H. L. Ross, Judge Wm. C. Caulk Elementary Mrs. Wm. P. Smith, Alternate Rm. 15, 4621 Marie 48 & 84 W. B. Loftin, Judge Parkdale Elementary School Helen E. Smith, Alternate 4801 Everhart 2 Mrs. James Corcoran, Judge Windsor Park School Mildred C. Moore, Alternate 4525 South Alameda 65 Mrs. G. E. Mulle, Judge Montclair School Cafeteria Mary K. Stewart, Alternate 5241 Kentner 92 Mrs. F. L. Youngs, Judge Cullen Place Jr. High Mrs. Alfred Hesse, Jr., 5225 Greely Alternate 70 *, 89 & 90 Mrs. J. W. Marshall, Judge Wm. K. Fraser Elementary James R. Duff, Alternate McArdle & Airline 17* & 91 Mrs. Nancy Esparza, Judge Woodlawn Elementary School Wallace Wiltshire, Alternate 1110 Woodlawn Drive 181^ John H. Kennedy, Judge Johnny Roberts Court Room Mrs. D. S. Waggoner, Alter- 10808 S. Padre Island nate 9* & 101* Earl Hodges, Judge County Building, Annaville Mrs. M. B. O'Bryant, Alternate 11000 Block Leopard 106* Mrs. Kay Holsclaw, Judge Tom Browne Jr. High Portwood Alley, Alternate 4301 Schanen Boulevard * That portion lying within the City Limits. Section 4. Said election shall be held in accordance with the Charter of the City of Corpus Christi and the Constitution and laws of the State of Texas, and legally qualified voters of said city shall be permitted to vote at said election. Section 5. The polls will be open from 7:00 A. M. until 7:00 P.M. -5- Section 6. That the official ballots for said election shall be prepared in accordance with the Texas Election Code so as to permit the electors to vote "FOR" or "AGAINST" the aforesaid PROPOSITION, which shall be set forth in substantially the following form: PROPOSITION FOR § § THE GRANTING OF THE FRANCHISE AGAINST § EXTENSION AND AMENDMENT Section 7. That voting machines shall be employed at the election herein ordered in accordance with the provisions of V.A.T.S. Election Code, Article 7.14. Section 8. That the City Secretary of the City of Corpus Christi shall be the clerk for absentee voting at said election; and the office of said City Secretary in the City Hall is hereby designated as the place at which absentee voting shall be conducted for said election, during the regular office hours of said City Secretary. Voting machines shall be used both for absentee voting by personal appearance and for voting at the regular polling places at said election; but paper ballots shall be used for absentee voting by mail. A Special Canvassing Board shall be appointed by the Mayor, as provided by law, to count and canvass all absentee votes and ballots cast at said election. Section 9. A substantial copy of this ordinance, signed by the Mayor of the City of Corpus Christi and attested by the City Secretary, shall constitute the notice of ordering said election, and a copy of such notice shall be published in the Corpus Christi Caller Times, being a newspaper of general circulation published within the City of Corpus Christi, at least twenty (20) days prior to the date of said election. Section 10. It is hereby officially found and determined that the meeting at which said election was called was open to the public as -6- required by law and public notice of the time, place, and purpose of said meeting was given as required by Chapter 227, Acts of the 61st Legislature, Regular Session, 1969. Section 11. The requirement of the City Charter that the proposed grant be submitted to the legally qualified voters, and the circumstances that the franchise extension and amendment, if adopted, will make it feasible for the holder of the franchise to finance and make improvements and extensions in its electric distribution system and facilities that are needed and will be beneficial to the City and its inhabitants, that by such extension and amendment the City will receive and realize additional revenues and other savings and advantages, the need of which by the City is immediate and imperative and which will begin only upon final passage of said ordinance, create a public emergency and imperative necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the day that it is introduced and that such ordinance or resolution shall be read at three regular meetings of the City Council and the Mayor having declared that such public emergency and imperative necessity exist and having requested in writing that such Charter rule or requirement be suspended and that this ordi- nance be passed finally on the date of its introduction, it is accordingly so ORDAINED, PASSED AND APPROVED, this the `3�day of January, A. D. 1971. }�LJ ATTEST: City Secreta y, of rpus f Christi, Texa— APPROVED AS TO FORM: City Attorney, Ci" Corpus Christi, Tex. ssf�ll -7- Pro•i °�n EXHIBIT A �. To that certain Ordinance passed and approved • the day of January, 1971 AN ORDINANCE EXTENDING AN ORDINANCE AND FRANCHISE FINALLY PASSED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI AND APPROVED BY THE MAYOR ON JANUARY 10, 1950, GRANT- ING TO CENTRAL POWER AND LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC LIGHT, HEAT, AND POWER FRANCHISE, AND AMENDING SAID ORDINANCE AND FRANCHISE TO CHANGE THE CONSIDERATION AND COMPEN- SATION TO BE PAID TO THE CITY BY THE GRANTEE THEREUNDER AND TO CANCEL CER- TAIN FRANCHISES HERETOFORE GRANTED TO CENTRAL POWER AND LIGHT COMPANY. WHEREAS, Central Power and Light Company, a corporation duly incorporated under the laws of the State of Texas, now owns and holds and is operating in the City of Corpus Christi, Texas, under an electric light, heat, and power franchise granted to Central Power and Light Company, its successors and assigns, by ordinance finally passed by the City Council of the City of Corpus Christi and approved by the Mayor on the 10th day of January, A.D. 1950, which said franchise is for a term extending until December 1, 1979; and WHEREAS, said Central Power and Light Company has filed an application for the extension of the term of said franchise to December 31, 2000, and for amendment thereof to change and make more favorable to the City the provision thereof as to the consideration and compensation to be paid to the City under said franchise by the Grantee, and, in connection with said application has pointed out various additional revenues, savings, and other advantages that will be realized by the City and its inhabitants if said extension and amendment are granted; and - WHEREAS, it appears that the granting of said franchise extension and amendment will make it feasible for the holder thereof to finance and make improvements and extensions in its electric distribution system and facilities that will aid in the beautification of the City, in making service more dependable, and in making the City safer, that the City will receive and realize additional revenues and other savings and advantages and that it is to the best interest of the City of Corpus Christi and the inhabitants and citizens thereof to grant said franchise extension and amendment to said Central Power and Light Company, its successors and assigns; and WHEREAS, two franchises heretofore granted to Central Power and Light Company and /or its predecessors in title pertaining to pipe lines used in connection with the operation of a power plant on Water Street which has been abandoned and removed, should be canceled and terminated; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That the ordinance heretofore finally passed by the City Council of the City of Corpus Christi and approved by the Mayor on the 10th day of January, A.D. 1950, granting to Central Power and Light Company, its successors and assigns, an electric light, heat, and power franchise, and the franchise granted thereby, be, and the same is, extended to cover an additional period so as to remain in effect until December 31, 2000, and amended so as to change the provision thereof with respect to the consideration and compensation to the City by the Grantee thereunder, and be and read hereafter as follows: "SECTION 1. There is hereby granted to Central Power and Light Company, its successors and assigns (herein called "Grantee "), the right, privilege, and franchise until December 31, A. D. 2000, to construct, install, maintain, repair, and operate in the present and future streets, alleys, public places, and ways of the City of Corpus Christi, as the limits of said City now exist and as they may hereafter be extended, and its successors, electric light and power lines, with all necessary -2- • • and /or desirable appurtenances, including, without limitation thereby, underground conduits, poles, towers, transmission lines, and communication lines for its own use, for the purpose of supplying electricity to the said City and the inhabitants there- of and persons and corporations in and beyond the limits thereof, for light, heat, power, and any other purposes for which elec- tricity 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 each year on July 1 the sum of $5,000.00, and in addition thereto, each year, during and for a period ending December 1, 1979, two per cent (257,) of the Grantee's 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 (1) month of March 31 and September 30 of each year, shall file with the City -- Secretary a report sworn to by its Auditor or Treasurer showing its gross receipts for the six (6) months preceding March 31 or September 30, 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 of the additional consideration to be paid hereunder will be based upon said reports and will be paid in semi- annual installments on or before April 30 and October 31, respectively; that is, the April 30 semi- annual installment will be 27, of the Grantee's gross receipts from the sale of electric energy P is n rgy m and for use within the corporate limits of the City of Corpus Christi during the six (6) months preceding March 31; and the October 31 semiannual payment will be any remaining unpaid portion of the additional annual pay- ment herein provided for; thereafter, and for the remainder of the extended term herein provided for, the payment will be increased to four per cent (4%) -3- of such gross receipts, to be paid and reported in the same manner, on the same dates, and for the same periods, provided that the City thereafter agrees to pay and pays Grantee during the remainder of said term of this franchise for electricity furnished by Grantee to the City, its agencies, or municipally owned and operated facilities, at the same rates and on the same terms and conditions as other customers of Grantee with similar locations and power requirements or similarly situated. In the event City does not agree to or does not pay for such electricity as specified above, then, during the remainder of said extended term the percentage of gross receipts will be increased to three per cent (370) instead of four per cent (497.) to be paid and reported in the same manner on the same dates and for the same periods. Notwithstanding the percentages specified above, each and every time during the term hereof the State Law (now included in Article 11.03 (3) of the new Title 122A, Vernon's Texas Civil Statutes Annotated) is revised to increase the percentage'of gross receipts which the City may levy or assess against Grantee for the use of its streets, alleys, and public ways, then the percentage of gross receipts to be paid by Grantee to the City heteunder shall become and be such higher percentage, provided, that in the, event by revision of such law the percentage is increased to four per cent (47) or higher, then on and after December 1, 1979, or the date such higher percentage becomes effective, whichever is later, the City agrees to pay Grantee for electricity furnished by Grantee to the City, its agencies, or municipally owned and operated facilities, at the same rates and on the same terms and conditions as other customers of Grantee with similar locations and power requirements and similarly situated. -4- Payments under this provision shall not prevent the levy or assessment by the City of any gross receipts charge or other rental for the use of the streets, alleys, and public areas permitted by law, but payments hereunder for each year shall be applied and credited upon any such gross receipts charges or other rental imposed by the City for the use of its streets, alleys, and public areas for said year. SECTION 2. The Grantee will continue to use its best efforts in its operations to (1) protect the environment of Corpus Christi and vicinity and (2) avoid pollution of such environment. To this end the Grantee will cooperate with studies leading to expanded water supply through desalting and continue its efforts to emphasize expansion of underground electric lines. SECTION 3. 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 Director of Public Works of the City of Corpus Christi, or the successors to the duties of that office, but not so as to unreasonably interfere with the proper operation of said lines. SECTION 4. The property of Grantee shall be maintained in good order during the life of this grant, 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 regulations as the Grantee may make from time to time. This franchise may be forfeited in a Court of competent jurisdiction by the City of Corpus Christi for failure of the Grantee to furnish efficient -5- 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 5. This franchise is subject to all the terms and provisions of Article VIII, Section 5, of the City Charter of the City of Corpus Christi, Texas, 1968 Revision, as amended in 1970. SECTION 6. The Grantee shall hold the City harmless from all expense or liability for any act or neglect of the Grantee here- under. SECTION 7. This franchise supersedes-and cancels fran- chises heretofore granted to Central Power and Light Company and /or its predecessors in title. SECTION 8. This franchise is not exclusive, 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 person, firm, or corporation." Section 2. The Grantee shall file its written acceptance of this extension and amendment within sixty .(60) days after same becomes effective under and by operation of law. The foregoing ordinance was read the first time and passed to the second reading on the day of 19 , by the following vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. Roberts Ronnie Sizemore -6- The foregoing ordinance was read the second time and passed to the third reading on the day of 19 , by the following vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. Roberts Ronnie Sizemore The foregoing ordinance was read the third time and finally passed and approved on the day of 19 , by the following vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. Roberts Ronnie Sizemore APPROVED, this the day of A. D. 1971. ATTEST: City Secretary -7- Corpus • Corpus Christi, Texas 13 day of January, 1971 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspension of the Charter rule or requirement that no ordinance or reso- lution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; I, therefore, request that you suspend said Charter rule or requirement and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, MAYURK, _6uwi THE CITY OF CO PUS R I. TEXAS The Charter rule was suspended by the following vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. Roberts Ronnie Sizemore The above ordinance was passed b the following vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. Roberts Ronnie Sizemore a • THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: That COUNTY OF NUECES § WHEREAS, CENTRAL POWER AND LIGHT COMPANY applied for an extension and amendment of the ordinance and franchise finally passed by the City Council of the City of Corpus Christi, Texas, and approved by the Mayor on the 10th day of January, A. D. 1950, granting to CENTRAL POWER AND LIGHT COMPANY, its successors and assigns an electric light, heat and power franchise, and thereafter the City Council of the City of Corpus Christi, Texas, by Ordinance No. 10073 passed and approved on the 13th day of January, 1971, ordered an elec- tion to be held in the City of Corpus Christi on February 16, 1971, upon the proposition whether the City Council of the City of Corpus Christi should be authorized to pass and approve the ordinance and do the things requisite to the granting of the extension and amendment of the electric franchise of CENTRAL POWER AND LIGHT COMPANY in accordance with said ordinance proposed to be passed; and WHEREAS, thereafter at said special election duly and legally called by the City Council of the City of Corpus Christi, Texas, for such purpose and held in the City of Corpus Christi, Texas, on the 16th day of February, 1971, pursuant to provisions of the Charter of the City of Corpus Christi, Texas, and the election order, the question of authorizing the City Council of the City of Corpus Christi, Texas, to pass and approve the franchise extension and amendment by the afore- said ordinance was submitted to a vote of the qualified voters of said City of Corpus Christi, Texas, at said special election so called and held; and WHEREAS, the returns of said election have been duly and legally canvassed by the said City Council of the City of Corpus Christi, Texas, and upon such canvass it was found and so declared by said City Council "/_ #- -J' '�_' � a that a majority of those who voted at said election voted for authorizing the City Council of the City of Corpus Christi, Texas, to pass and approve and do the things requisite to the granting of an extension and amendment of the electric franchise of CENTRAL POWER AND LIGHT COMPANY in accordance with said ordinance proposed to be passed; and WHEREAS, said proposed ordinance extending and amending said franchise was passed and finally approved by the City Council of the City of Corpus Christi, Texas, on the 24th day of March, A. D. 1971, as Ordinance No. 10173; and WHEREAS, it is provided in Section 2 of said ordinance extend- ing and amending said franchise that the Grantee shall file its written acceptance of such extension and amendment within sixty (60) days after same becomes effective under and by operation of law; NOW, THEREFORE, in consideration of the premises and for the purpose of complying with the ordinance extending and amending Its said franchise, CENTRAL POWER AND LIGHT COMPANY, the undersigned, Grantee of said franchise extension and amendment by said ordinance, acting by and through its duly authorized officers, does hereby accept for itself, its successors and assigns, such franchise extension and amendment as the same is set forth in and granted to it, its successors and assigns, by said ordinance and by the majority vote mentioned above, upon and subject to all of the conditions of the said ordinance, and agrees that it, its successors and assigns, is entitled to all of the rights, privileges and franchises thereby granted and bound by and will comply with all of the duties, liabilities, terms and provisions thereof. IN TESTIMONY WHEREOF, CENTRAL POWER AND LIGHT COMPANY has caused these presents to be executed by its duly authorized officers and attested with its corporate seal this the 24th day of May, A. D. 1971. - 2 - CENTRAL POWER AND LIGHT COMPANY By R4.d-,, � Vice President ATTEST: Secretary THE STATE OF TEXAS § COUNTY OF NUECES § I, T. Ray Kring, City Secretary of the City of Corpus Christi, 'texas, do hereby certify that the above and foregoing is a full, true, and correct copy of an acceptance of franchise extension and amendment executed by CENTRAL POWER AND LIGHT COMPANY and duly delivered to and filed with the City of Corpus Christi, Texas, by said Company on the -W— day of May, A. D., 1971, and I further certify that said acceptance by CENTRAL POWER AND LIGHT COMPANY has been duly Ted and is now on file in the records of said City. IN TESTIMONY WHEREOF, witness my hand and seal of office, this the day of GZ A. D. 1971. T. Ray Kring; Secretary of th City of Corpus hristi, texas MIC 1; PUBLISHER'S AFFIDAVIT STATE OF TEXAS, County of Nueces. Iss: lOo '73 Before me, the undersigned, a Notary Public, this day personally came _...... - • - - -••i s- l-axid-- G_B-gwnes who being first duly sworn, according to law, says that he 3s the Classified lian e r of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of Leal Notice --- ORDINA7TCE -OR ELECTION FOR CPL F!iANCHISE of which the annexed is a true copy, was published in Time s on the ._ .... 2Dday of.__ J ua 19-.1, and once each..._ day _.._thereafter for_ AXE- �r� t3mP �n .IAArg 27. 1971. Subscribed and sworn to before me Louise Vick AN ORDINANCE BY THE CITY COUNCIL-OF THE CITY OF CORPUS CHRIS- TI, TEXAS, CALLING AN ELEC- TION ON THE QUESTION OF EX�ENDING AND AMENDING AN ORDINANCE AND FRAN- C SE FINALLY PASSED BY TH6 CITY COUNCIL OF THE LIiY OF CORPUS CHRISTI ANA APPROVED BY THE MAY- OR ON JANUARY 10, 1950, GRANTING TO CENTRAL POW - EO y!D LIGHT COMPANY, ITS SUCCe55OR5 AND ASSIGNS, AN ELECTRIC LIGHT, FYEAT AND POWER FRANCHISE: DESIG- NATING THE TIME AND THE PLAR5 FOR 'HOLDING SUCH ELECTION, NAMING THE OFFI- CIALS THEREFORE, PROVID- ING FOR NOTICE OF THE ELECTION TO BE GIVEN, AND MAKING PROVISIONS INCIO- ENT AND RELATING TO SAID ELECTION, AND DECLARING AN EMERGENCY. 'WHEREAS, an the 12 day of JO A L Bht Company, a Central axes to an, 110 with the City C.—H m the Clty of Corpus CMlstl, Texas, an amended anPextePelanand Iarrondmenf , tho electric fmicnlse will. h he'de. fs an operates under, being the ranchise granted by ordirmw flnet- ly passed by the City Council of the City aF Corpue Chrlml and appiyved by the Mayor on the loth tlay of Janu9ry, A.D. 1950; an WHEREAS, It Is cmRIdrn r— ory,y deelrabl. and Dpraprlate' that franchl aflunitlenslo whether an amnendmnnitl shall be gmrded should be neadrn ed to Iha vote f the legally quollfied voters at the City; NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRIS. TI, TEXAS: Section I. That am electler Is ar- dered an called and shall be held In sold City of Corpus Christi, Texas, an the 1611 tlay of February, AO. 1971, he a�hanchhepoLeasle an amendment wholl, or shall be granted to Central Parer Light Company subsfantlallY In ord.h. ith the Taosed dl- afs"ce affached hereto - ExhlbN A •' ZI-tlog 2 That There shalt be sutr to the legolly quallil d voters of the Uty of Car ", Christi, Texas, the City r arms Tne year drica enorgv fa the corporate C rem 'Christi; he olntlar r he payment will percent (d %) of at m the form, sfaicd In, on In ordT. I. as m Pef ill the M, this ledlan, by }he City M Comes Christi ladlon 1x,11 be Cr,.. C"hili, ulna ,I.— Igl.1, Mrs Mrs. James B. O Manger School, 221 62, SS & 89, we. Judge, Mrs. Ada male, Wynn Seale Precinct No. 75, Mrs. 4 Judo , Mrs. Zulemo Alternate, Loco CrackeM School, 3:302 C Jahn S. Amerced. We, J. M. I eey, P W. W. W. W. Precinct Mrs. M na W lawn E Judge, rare, 10008 Earl M Ifhln the City Locallom 60 le, Sr e ado Fe;a, 8 `Thos portion lying within the City Limps. Section 4. Sold etedlart shall be held In accordance wI}n the Charter of the Qty of Carpus Christi an the Camtltuf% antl Iowa of the State an Texas, and leelly"""' voters at aId city shall be Permitted to veto t sold election. ctio Sen 5. Tha ppaalls will ba open Tram 7:00 A.M. un }II 7:01) P.M. Section 6. Thos the official ballots for Red ladlon bhal 6e Prtyaretl In accordance Ifh the Tex. Election Code N . 10 permit }ha elector fa vote "FOR" a "AGAINST" the .%—old PROPOSITION, which shell he sot forth In suhslonilally the IV ]owing farm: PROPOSITION FOR AGAINST THE GRANTING OP THE FRANCHISE EXTENSION AND AMENDMENT Section ]. That eting ma[hlnes hall be criplayed at the election herein ordered In accordmes with the provisioned f V.AT.S. Election Cede. Arilele 7.14. Section 8- That the City Secretary and bmlats cast an .1. eIBRiOn! Section 9. A subslonllal Nov of fhl! lich ve My oRlclnlly M the meet. W. called as requTrea Of the Nose, sold mnling by Chapter Legislature, -s- G m abe L a, Sr. Tem, Clay of Corpus as tiring ory, City m Carpel e I AS TO FORM: Z. Riggs ly, City of Corpus of the WHEREAS, mid Central Power an Light Company ns fked m appllce- Ilan for the R."' an at the term et said franchise to December 31, 2890, and for and make me . favorable to the Cl ry the provision thereof as to the Nos Itlermfan an Wmpen9sm1. fo be Y the GemlCtetye, vendor dcannectllee with sold 0ppIieat1. has polntetl eel wrlous atltlitbat evenuas, swings, and other advantages that Will be realized by }lie Clly an Its Inhabl- tams If' oltl exteml.. an mnartlmem era grained; an WHEREAS, It appears that the granting r sold InneNlse extemlen antl omenment WIII make It /easlhle for the holder thereof to finance nan and make Impravemems antl xtenelam. In Its electric dletribmlan eyatem and facilities Brat WIII old In the beaull0• call. of the City, In making service cmityeaof rte, Neaio l ihs city viol o�celva and realize additional noes n thr savif tl dvovillegg. and that it Is to Btu heel aleresl r the City at Carom m, :i an the Inha1F Iteb antl Itlmm th­' -R io gran said franchise extension an amend - me t to sold Central Pr and Light Company, Ifs seccesmre and ..Igns: sad WHEREAS, two franchises hreta, fare greened to Central Power and uestln tltlm Beypertolnllg fi P. It— used IJJ�1'eannectlan with the ,octant," r a�power plant on Water Strom may ,should be canceled antlderml- n NOW, THEREFORE, BE IT OR- DAINEO BY THE CITY COUNCIL OF TEEHXXEgqCITY OF CORPUS CHRIS - SeCtion That the ordinance hereto- fare finally passed by the Clh C- ell of the City of Carpus Chr91l and day eta nvn env, A.D. 1950, 9110 119 to Central Power and Light camp,, nv, Its successors and .W.. electric light, heat, and power fran- hlse, pod Me franch se granted thereby, be, on the same le, eden- ed to cover n addition) perT.d m to remain in enact amn DecembEt chan2000, e he and visio...Rd hereof with rte-, apem to tta mideratlan arW cone the thereunden an he maid trend the, alley as follows: "SECTION ). There Is herby Ca anted to Central Power and Light tYemrlph,r Prlvlle.eedvad fmnchm .all December 31, A.D. 2000, fa c ,sfrum, Install, maintain, reptIT, ad operate In the Preset antl futre atreeta, alleys, public plat®, Cand ways m the City m' Carpr. hristi, as the limits et sold City fow exist an . inay may fiereat- er be extended, an Its wccessars, Blechlc Ilght antl paver IlneT, with II scesNry a Wfr dmlrabla p- urtertma., incWeling, wlihom Il flm- ation fhraby, aadrgraund co du111, poles, tayme, trammisTlan Inn., an cemmenleaflan it.. far Its wrl use, for the purpose r Cs pplyang Iach'n`h to the sold HY n the Inhabliams thereof and Perso"' 41- aporatlom In an beyond lmlt therein, tar light, ham, power, mid any other P,rpo"' far which electrlcliy may be .ad For and as full consideration an enmpensptlon for this tranUdse antl the Ighh, prlVllellea, Pn ease- ments Granted an nnterred there by and as fal far the doe et the etreah, alloys, d other public e. wllhln or than may ha,:6. be wllhln to City, the Grantee hall pay mltl CRY n year n Julyy 1 the sum of $5,001% and In add Ilion thereto, each year, tluring i, d. ewo Pea° z -) of ttha Grand two p ecelot' dec the year from T. sale of eleclrlc ener- gy in an for ere within the grcm- rate limit. of the City of Carp, Chrlstl, In semirwnnlaI Install• meals, as follows: Grantee, within (1) nth .f March 31 d September 30 a each year, hall file with the Qty Secretary o report "" to by Hs Auditor or Treasurer Showingg , Ih arose receippl1aa for Me elx IW anti. recedlrq March 31 or Belstembr 31), as the one may be, from the sale of electric anr- mrporate IIImlh of Mel City tof Carp. Urisit ' and the amount at the additional consideranon to be Mid hereunder .111 wlb based 9TOr 1''(are AaAi 30 and Olcta� 3r1o, resPOelg aan msent the ID il 30 semlaneal Are fm thee.1. m ell "., racelp, In and far use wltm the corpa- Cane limits of the City 11 COm. hrist, during the eta 161 maniha praceaing March 31; antl the Oc- tober 31 saml.nnuo�pm/an m hi be any remaining gold portion an the additional naval payment herein provided far; fhereaHer, an for the relmmader et The extended term heroin pmrltl- ed far, the payment will be In- creased to four per ®nt I,%, of Much grass receipts, to be paid antl reprint M the some MV, Ad Iha acme do., rna far same perleds, ptavltlea than the City thereafter agrees to Pay Md pays Grantee duin of thgg s the [Inn et Itl tem franh s far R.1- frlClty 1Wnlshetl by Grmdea te the City I. oencles, r ,cliled owned and gp raled facilities, m the mine ranee n an the same terms and canditlem after r.- tamere an Gramea rweiitth similar to- g thavely power Mereyem City .dam sat .prea to w, .oaf �sopetetnpoeyd soya, `man a rlmg Me remalimer an inlet nxtentln term Me pmem­ toga a} gro. receiph will be In- e.ea fa }area Der cam 13&) In- .a.d fo ter per ce nt I49a) to he pot. and reporletl In the soma manner all Ih0 some tl. an far The aame periods. Notwllnstenveg ha pn eage em. ana each eery time during the term hereaf the State Law (now InCIWed In Article MID (3) at the eve TBI, 122A, Vernon's Tex. Civil Standei A1mo- 1med) Is revised .10 Inrease the tpohe`Citty may of lemiy or oa`esaesslp ugawt Grant., for the uN of It. mreet., alleys an pobllc w%% then the ass ppold by Granfea`lo the City heneva- der x111 become an ce such high- s Prcemag0, Drovldea, }hot In the evert by rovblon at such low five Prcenfage la Ilrcreasod to far Pal t (dwl telpher then on and .Her Decembv 1.ae age Iih- Z- s N hlph,r per e�fectivgge, whichever t. later, Tha ellahkJty lumisneptl by nt¢e io the Uty. Its agelralas, r melclpol• I awned an Pperuied foeti ®, at fenny amaihd ea�lflom .s anhermcus tamrs an Grantee win simem lo- crime an —r requirements, and R1.11a11y -HUate& Poymeal, under this pm 1 h- shall m Prevent the levy or as- er by the City et any Arms r�llh charge or athr rectal far the of Me sheets, alleys, aml oubllc are. —Ifln by law, but poymema nereuner Tor mete year my lsuch op racelph cha 86 r .the, rental Imposed by the city the - of Its a}reete, Ileya, an P hlly areas far sold year. SECr1O4 2 The Grmdee 111 - Its o�yotlont, to (7) P efforts q I11 e Ironmenit m Carve c rlstl an vicinity an (2) —Td pp Ilvffm t ch amlrgnmend. To this an the Grantee wBl cooperate with Mudles Ihmegh [¢Ming and coTJln,, IN undeerrgrtounnmel ctrl, Timm. Ian M SECTION 3. Polas or towers shall be se erected as not to -reason- 0 Corpus Cnreal, or to the duties r that < to emseemobl, the Prop .proper [- ]N 4. The praport Ih le red all .tee, Mtn, as ea In I SECTION 6. The Grantee shall hold the City harmless from all exterse or neglect M the Grlmryl r teeln,releunder Or SE&l N 7. Tine franchise su- persedes an curcel. franchises horatofare grunled fa C, 11 P- on LIBN Company and/or Its predeces.an In }Ra. SdlusiyppO and mthtaB herein taint ,air. S11aIT, bHeyconstruedsso as t0 Prrellka Wh slml, ramnl. and arWl- feges to any mho person, fiml, or b e^ Semlo, 2 The Grantee shall file . written .=Au= m this extemin ard, day.) or same bahlslxiv f w) under and by eperrim m love. The foregoing aMmlrce was d Me first lima on passed to tine ocean reatlmg an tM -- day m by the following veto: Jack R. Blo l .— Gabe Lrme, Sr. V. A. Bradley, Jr. — Edmrdo E. de _ _es Ken McOanlet -- W. Jt Roberls- Rannle su mare — The foregoing rdlnes— win r d to spoon lime an passed Ia }he Mind r tling Tne — tlay e —T19y, by the fallawm9 vote: Jack,R. Blacerne — Gytbe Lazma, Sr. — V. 0. Bradley, Jr.— Eduardo . Ee A,m Ken McDa.I.T —�— W. J. Robe . l M egia g n riTt Bavin d !ostnhaor tlfinnaalMly a pwasas se d r eaan tl —tlay act —, "T.' by the fol 1p :i vote: - Jack R. .It elmlan- Gabe LmRro, Sr: V. A BratlledoJ — Eduarde E. ee — Ken .Robert- - RPRO ED, thie- APPROYA.D Inns the day an —, A.O. 1971 ayr Of the City . Of Carpus Chrlati, Texas ATTEST: City Sersfary Corpus Chrlstl, Tex. "in tlay eT January, 7971 TO THE MEMBERS OF THE CITY COUNCIL Comus Christi, Texas ma runte . et to In the e ey Cla.e of the forlmslna er.r- the d such a read pass data m THE Cllr OF CORPUS CHRISTI, TEXAS The Charter role was suspended by the fallowing vote: Jack,R. Bli ettmon Golly Lamm, Sr. Absent Aye V. A. Bradley. Jr. Ed E. do As. Aye All Ken McOarm W. berta Aye Aye R.J. pni Shamere Aye The above maircones was passed by the fall —Tale vote: Jaell R. Blackman Absent Gabe Lozano, Sr. V. A. Bradley, Jr. Aye Aye Eduardo F. do As. A,. Ken McDaniel W. J. Roberts Aye Aye Ronnie St..— Aye (15