HomeMy WebLinkAbout11335 ORD - 03/07/1973•
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AN ORDINANCE
GRANTING TO NUECES ELECTRIC COOPERATIVE, INC.,
ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC LIGHT, HEAT
AND POWER FRANCHISE FOR FIVE (5) YEARS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
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 (5) 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 tow.. 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, transmission lines and communication lines
for its own use, for the purpose of supplying electricity to the said City
and the inhabitants thereof and persons 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 4% 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 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
11335
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.
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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 Director of Engineering Services of the City of Corpus Christi, or
the successors to the duties of that Director, 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 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 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 grant, 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 Grantee,
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 otter public places of
the City of Corpus Christi and shall be as follows:
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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 option, 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 Grantee, and in case the said engineers
are unable to agree as to a fair value, 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 binding 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 America, 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 exclusive, and nothing herein
contained shall be construed so as `o prevent the City from granting other
like or similar rights and privileges to any other person, firm or corporation.
SECTION 7. The area of the City to which this franchise shall
apply is that area 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 Padre Island Drive; thence in a northwesterly direction
2600 feet to a point; thence in a southwesterly direction
parallel to Everhart Road to the Naval 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 or northeasterly direc-
tion along the center line of Kostoryz Road 2600 feet;
thence at a right angle in a northwesterly direction 2600
feet to a point; 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 to the intersection of Old
Brownsville Road; thence in a south or southwesterly
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direction down the center line of Old Brownsville Road
to its intersection with Saratoga, at a point on the
Corpus Christi city limits line and including those areas
immediately in and around said intersection lying within
the corporate limits of the City of Corpus Christi, where
there are customers served by the Nueces Electric Cooperative;
thence in a southeasterly direction along the city limits line
to the place of beginning.
AREA TWO
All of that area within the city limits line lying west
of F.M. Road 763, south of State Highway 44, west of F.M.
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.
SECTION 9. Grantee agrees to abandon all blanket easements it
currently owns except for the area necessary on either side of a line described
by metes and bounds which is the line where Grantee currently has lines, con-
duits, poles, towers, wires, transmission lines and communication lines, to
properly service same. Said abandonment shall be at the landowner's or land
developer's request with the owner or developer providing the description of
the easement necessary to Grantee.
SECTION 10. Grantee agrees to move or alter any facilities located
within any City street right -of -way or utility or drainage easement when said
facilities are in the way of proposed City improvements and the City requests
removal of the same when such is necessary to complete the City improvements.
Grantee shall bear the expense of any such alterations or moves. For the
purposes of this section street right -of -way includes areas dedicated as
streets in any existing or future subdivision development.
THAT THE FOREGOING ORDINANCE WAS READ F THE FIRST TIME AND PASSED
TO ITS SECOND READING ON THIS THE DAY OF \lama ., �,ui, 19 7, BY THE
FOLLOWING VOTE:
RONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ, M.D.
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK
ar-
THAT THE FOREGOING ORDINANCE WAS READ FOR THE SECOND TIME AND PASSED
TO ITS THIRD READING ON THIS THE -J, �, DAY OF_' V e 19 /3 , BY THE
FOLLOWING VOTE:
RONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ, M.D.
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK U,1
THAT THE FOREGOING ORDINANCE WAS READ FOR THE THIRD TIME AND PASSED
FINALLY ON THIS THE ��% DAY OF , 19 73, BY THE FOLLOWING VOTE:
ATTEST:
RONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ, M.D.
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK
PASSED AND APPROVED, THIS THE 7AY,,DAY OF / /rti , 19 7.g •
CITY SECRETAR
APPROVED: V
Z i �T DAY OF JL►,.,,.,,,..
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19
CITYVA,TORNEY
,44441f.
OR Pro-Telq
THE CITY OF CORPUS CHRISTI, TEXAS
NUECES ELECTRIC COOPERATIVE, INC.
PHONE A/C 512 387 -2581 • P. O. SOX 1032
ROBBTOWN, TEXAS 78380
April 18, 1973
Mr. T. Ray Kring
City Secretary
City of Corpus Christi, Texas
P. 0. Box 9277
Corpus Christi, Texas 78408
Dear Mr. Kring:
The Franchise granted to Nueces Electric Cooperative, Inc. in
Ordinance No. 11335 was accepted by the Manager on March 16,
1973, and the Board of Directors was notified at its regular
meeting on March 19, 1973. The Board of Directors will re-
confirm its approval at its next regular meeting on April
I am sorry for the delay in advising you of our acceptance.
Yours very truly,
NUECES ELECTRIC COOPERATIVE, INC.
C. M. Wagner
Manager
Ciw1W /lj
"Owned by Those We Serve"
point of den very, underground
onduits, ones. towers, wires .
an lines and communication
tines fo 50 own use, for the purpose oh
supplying electricity to the said C1111
and the inhabitants thereof and persons
and corporations in and beyond the'
Icons tllerof, for tight, heat, power and
lI
y other purposes for which eledric ilp
v be used. //
For and as full consideration, and
motion for this franchise and the
�ionls. p ivileges and easement
Granted and conferred thereby end as
rental for the use of the streets, alleys
and other public areas within or than
may hereafter be within said CITY, the
Grantee shall Pay said City 10th 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, its
mlal installments. as
•
Ganlee,.within one month of June 30
and December 31 of each year shall file
with the City Secretary a report sworn
b by 115 SecrelarO.Treasurer Showing
Its gross receipts for the sk months
preceding June 30 and December 31, a5
the case may be, from the sale of
H0Uic energy in and for use within the
corporate limits of the City of Corpus
Christi and the amount to be paid
hereunder of be bppa��se0 u said
installsmentswon or before July 31 and
Janaorv3l, respectively.
SECTION 2. Poles Or lowers shall be
erected as not to unreasonably
. .
so nterfere with traffic over streets and
alleys. The location of alt poles and
tourers or conduits shall be fixed under
the supervision of the Director of
Engineering Services of the City of
Caws Christi. or the sbccs ssors to the
duties of that Director, butnot so as to
lnreasonably interfere w1151151 pr0per
operation of said lines.
SECTION 3. The properly 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 subied to such
masonabh u make from lime to time.
This franchise may be forfeited In a
Court of competent Jurisdiction by the
City of Carpus Christi for failure of the
Grantee to furnish efficient service at
reasonable rates and.or to maintain the
area was annexed to the City of propeAV In goad order throughout the
- sChristi and if any person desire! life of this grant. The Grantee may
electric service in such annexed area re0uire reasonable security for the
AN ORDINANCE NO. '11335
GRANTING TO NUECES
ELECTRICCOOPERATIVE. INC., ITS
SUCCESSORS AND ASSIGNS, AN
ELECTRIC LIGHT, HEAT AND
POWER FRANCHISE FOR FIVE 151
YEARS.
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. There is herby granted
10 Nueces Electric Cooperative, Inc., its
successors and assigns, hereinafter
called "Grantee", the right, privilege
and franchise fora term of live I51
years from the effective date hereof to
anteue to furnish electric energy to
any dewnino, structure, apparatus or
dint of delivery to which the
co•0Deralive r orporation as
ljeliverino electric enerov on the date
for any dwelling, structure, apparatus
or vedlby the coops alive corpol ation
on the date the area became annexed
nM to which central station service Is
ot available from the city or town or a
Payment. its Dills. •
SECTION a, Upon the termination of
this grant, the grant d well as the
Operty. If any, of the Grantee in the
Ireets, avenues and other public
Places • In the then City IimitS of the City
Wu O le u lr corporation, the of Corpus Crhisli, shall, thereupon upon
(CO•ODerative corporation m y a fair valuation, thereof being paid 10
thereafter furnish electric energy t0 the Grantee, be and become the
;such dwellirro, structure, apparatus or property of the City of Corpus Christi,
_ - and the Grantee shall never be entitled
NW Payment or valuation because of
(value derived from the franchise Or
he tact it is a may be a going concern
.ply installed and operated: provided, the
mr, it Ay of Corpuss Christi optional ether orr not n
wired title to said properties In said
ner. The mode of ascertaining the
lair Valle of the °rant and the property
Grantee in the streets, avenues and
• her public 010005 of the City of Corpus
e isti and shall be as follows:
City Of Corpus Christi shall appoint
one competent electrical engineer who
has had not less than five ISI Years
actual experience in appraising electric
public • utility properties, and the
Grantee Shall appoint an engineer 01
like OValilicati005, or may at its option,
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 Grantee, and in Case
the said engineers are unable to agree
as to a lair value, they 5hall leinlly
select a third electrical engineer of like
nualifications, and a mat Niv 01 the
three so appointed may report a value
which shall be biding upon broth the city
of CorousChristi and the Grantee. If the
two engineers selected as above
outlined by the City of Corpus Christi
and the Grantee are unable to agree
Iron the lair valuation and are unable
10 agree upon a third engineer t0 acC
with them. then'and In that even 01
Judge of the United Stales Distric
Court of the Southern District of Ten
shall 000oint'a third engineer. 11 i
expressly agreed. however', that th
000uisitian of such properly shall
line lying west of F:M. Road 760.17A
Stale Highway aa, west of F.M. R
south of Highway 9 and eae&
Highway (1.5.71
SECTION B. This franchise sh0
become effective after publication an
s u0ject to the approval of the compliance with the provisions oqf th
mortgagee of NVeces Electric City Charter and acceptance LTV t
Cooperative. Inc., the united States of Grantee within ten 1101 days from th
America, actino by and through the eHectivedale.
Adm inistra for of the Rural SECTION 9. For all easement
Electrification Administration. granted by private properly o
SECTION 5. The Grantee shall hold heretofore abandoned o aban0ane.
ft* City harmless from all expense 0 hereafter by Grantee, or this
liability for any act or neglect of the asemenls not now used by Grant
Grantee hereunder. -re n0 plans for use thereof ar
SECTION 6. This franchise is not contemplated or needed under th
exclusive, and nothing herein con terms of this franchise, Grantee wil
lained shall be construed SO as 1 execute a release t0 the adjace
ent the City from granting Dose property owners and file same
IIke or similar rights and pri01100es 1 record. That the foregoing o tlinance
a Yother0ersons.firm or corporation. W
SECTION 7. The area of the City 1 road fa the first time and passed 10
which this franchise Shall apply is that seems: reading on this the 31st day
a of the City, more particularly January, 1573,b,' the 1011001,0 vote:
tlescribedasfollowe; Ronnie Sizemore,aVe
AREA ONE
All thatarea bounded as follows:
Beginning at the intersection 1
Airline Road d 50011000 Road:
thence in a northern, direction Alone the
center line f Airline Road to the
ra•iroad track; thence in
Charles A. Bonniwel I, aye
Roberto BOSOUea. M.D.,ave -
Rev .Harold T. Branch, aye
Thomas V. Gonzales. aye
Gabe LOCano,Sr., aye
J. Howard Stark. aye
That the foregoing ordinance w
northwesterly direction along the read for the second time and Ya55ed
center Tine of said railroad track to the 115 third reading on this the 7th day
intersection of Everhart Road: thence F.709ry, 1973.09 the 101100100 v0l0:
a northerly or northeasterly direction Ronnie Sizemore, absent
Charles A. BOnniwell, aye
aim the center Tine of Everhart Roa
to a Point 2600 feel oast the intersec
tion of Padre Island Drive; thence in
northwesterly direction 2600 feet t0
point: thence in outhwesterl,
direction parallel to Everhart Road 1
Vie Naval Base railroad track cente
Roberto BOSOVeZ,M.D., aye
Rev. Harold T. Branch, aye
Thomas V. Goncales,aye
Gabe Lozano, Sr., aye
J. That the Hforegoingaror0lnanee w
line: thence I orinweslerl read for the third time and passe
direction along the center line of said 110 an this t00 7t0 day of March,
railroad track to the intersection 01H7J, bYtnel011O'A•Irg vote
K05toryi 00001 thence in a northerly or ROres.5lzemorc 1 Abs.
northeasterly direction along the Center' -rIK A. BOnnlwell Ay
line of Kostor0. Road 2600 lee1; thence OBOSOUez,M.O. Aye
at a ;tone tingle in a northwesterly ftevHarold T. Branch Absen
direction 2600 thence at a right 05510 in Thanes V. Gonulas Aye
Direction 2600 feet to a paint: Ga 00. 450 ir. Aye
thence at right analees i aJ. HOwsM Stork Aye
so rthwesterly direction parallel to PASSED AND APPR0VEDthIs I,
lthdaya/Marco 1913
KOSlayr Road to the Said Naval Bas ATTEST: '
railway track center line; thence along T. Ray KrIng Ronnie Slzemor .
the said center line of said railway CltySecrcta00 Mato
track t0 the intersection of Old THE CITY OF CORPUS CHRISTI
Brownsville Road; thence in a south or
southwesterly direction down the TEXA
center line of Old Brownsville Road to
Its intersection with Saratoga, at a point APPROVED: 3151 day a January
on the Carpus Christi cftY limits line 1913:
and including those areas immediately 151 Hal George
City AttaneY
m and around said intersection
lying Ex. Assist.
within the Corporate limits DI the Cilvre
Custom. Christi, where there are
customers 'served by the N05000
Electric Cooperative; thence in
southeasterly direction 0)000 the city
limits line to the place of beginning.
• AREA TWO
All of that area within the city limits
0,4 033
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS, l,s.
County of Nueces. J
Before me, the undersigned, a Notary Public, this day personally came
Richard Dee Hardin , who being first duly sworn, according to law, says that he is the -
Glas .sifie.d..�dvexiising..Manager 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
Q�.a;xifisd..Ads
of which the annexed is a true copy, was published in C� ler -pgs
March 10, 19 3
on the_13 h day of._..F.11b UarY.,. 19..x.3., and once sash for
consecutive
(2 days) Times.
g 94..23 �/ 12C,.142-1
P /« d
Subscribed and sworn to before me this 23rd of .March 19 23
Notary Public, Nueces County, Texas