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Home My WebLink About18372 ORD - 07/31/1984AN ORDINANCE GRANTING TO NUECES ELECTRIC COOPERATIVE, INC., ITS SUCCESSORS AND ASSIGNS, AN ELECTRI,CC LIGHT, HEAT AND POWER FRANCHISE FOR FIVE (5) YEARS;. SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE; AND PROVIDING FOR PUBLICATION. 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 electrical energy to any dwelling, structure, apparatus or point of delivery to which the cooperative corporation was delivering electric energy at the time of the passage of this Ordinance and if an area is annexed to the City of Corpus Christi, Texas during the term of this Ordinance, then the Grantee shall have the right to continue to furnish electrical energy to any dwelling, structure, apparatus or point of delivery to which the cooperative corporation was delivering electric energy on the date such area was annexed to the City of Corpus Christi and should any person desire electrical service in such an annexed area, the Grantee shall have the right to extend service to such persons in those annexed areas as certified for public convenience and necessity by the Public Utility Commission of Texas. The Grantee may furnish electric energy to such dwelling, structure, apparatus or point of delivery, underground conduit, poles, towers, wire, transmission lines and communications lines for its own use, for the purpose of supplying electricity to the inhabitants thereof and persons and corporations in and beyond the limits thereof, for light, heat, power and any other purpose pursuant to the rights granted in Article 1446c, Revised Civil Statutes of Texas. 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 the 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, monthly installments, as follows: Grantee, within thirty (30) days following each calendar month throughout this franchise term, shall file with the City's Director of Finance a report sworn to by Grantee's Secretary -Treasurer showing its gross receipts for the calendar month preceding such 30 -day period, respectively, 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 18372 tAICIONV.D !SEP 28IP°A will be based upon said reports and will be paid to the City simultaneously with the filing of said report in monthly installments. Failure to tender the full amount of such monthly installment within the time specified will result in a 5% late charge in addition to all other remedies available. SECTION 2. Poles or towers and underground facilities 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 of the City of Corpus Christi, or 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 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. The Grantee shall hold the City harmless from all expense or liability for any act or neglect of the Grantee hereunder. SECTION 5. 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 6. The area of the City to which this franchise shall apply is that area of the City now being served by Nueces Electric Cooperative, Inc. and all other such areas as certificated to Nueces Electric Cooperative, Inc. by the Public Utility Commission of Texas. SECTION 7. This franchise shall become effective after publication and compliance with the provisions of the City Charter and acceptance by the Grantee within ten (10) days from the effective date. SECTION 8. Grantee agrees to abandon all blanket easements located within the City limits it currently owns except for an area necessary on either side of all of Grantee's lines, conduits, poles, towers, wires, transmission lines and communication lines, to properly service same. Said abandonment shall be at landowner's or land developer's request with the owner developer providing the description of the easement necessary to Grantee. SECTION 9. 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 5'72- Copy with original signatures for City of Corpus Ch isti 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. SECTION 10. In addition to the foregoing provisions, this franchise is subject to the applicable provisions of the Charter of the City of Corpus Christi, Texas, and the Public Utility Regulatory Act, Article 1446c, Revised Civil Statutes of Texas, as amended. AGREED TO AND ACCEPTED: ATTEST: 4TE: Claude T. President SECRETARY: FOR NIIECES ELECTRIC COOPERATIVE, INC. ich That the foregoing ordinance wa read for t7 first time and p s d to its second reading on this the /7-Ziay of � , 19 , T, by the following vote: Luther Jones Betty N. Turner David Berlanga, Sr. Welder Brown Leo Guerrero Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik That the foregoing ordinancey�{{a��jjrread for third. reading on this the �f'"'tlay of following vote: Luther Jones Betty N. Turner David Berlanga, Sr. Welder Brown That the for mnyy ordinance on this the ��,/-day of /, Luther Jones Betty N. Turner David Berlanga, Sr. Welder Brown and time and p d to its , 19 e9, by the Leo Guerrero Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik read for the , 19 ird time and passed finally , by the followin! vote: 1— dr Leo Guerrero Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik PASSED AND APPROVED, this the ..$/4 r day of ATTEST: aae ecret APPROVED: 1'7 AY OF 1 f y , 190: J. BRUCE A OCK, CITY ATTORNEY By , , .161716..: — ssis a 7i { orney MAYOR gorde THE CITY O CORPUS CHRISTI, TEXAS 183'x'2 i • STATE OF TEXAS, Ls, County of Nueces. JJ PUBLISHER'S AFFIDAVIT AD#19331 Before me, the undersigned, a Notary Public, this day personally GRACIE DE LUNA ., who being first duly sworn, according to law, says that he is the ADM. ASST,,,.,EEO$E2'.A.RY 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 NOTICE OF PASSAGE OF ORDINANCE ON SECOND READING.,,,t _.,,•_, of which the annexed is a true copy, was published in CALLER—TIMES PUBL. CO. on the 29th day of July 19_ 81 and once each consecutive day One Times. 27.50 GRACIE DE LUNA `. / ___..-•-_.-...(,�.% ADM. ASST. SEC. Subscribed and sworn to before me this_ ._..5th ._.day of_t 19.._..84._ day__._._thereafter for.. one Notary Public,Neces County, Texas EDNA KOSTER - 11/30/84 • xJ 1 �: NOTICE Of PASSAGE OF ORDINANCE ON SECOND READING �•" GRANTING TO NUECES ELECTRIC COOPERATIVE, INC., ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC LIGHT, HEAT AND POWER FRANCHISE FOR FIVE 45) YEARS; SETTING FORTH CONDITIONS ACCOMPANY- ING' THE GRANT •IOF FRANCHISE; AND PROVIDJNG FOR PUBLICATION.' Was passed on second reading by the City Council of ,the City of Corpus Christi, Texas on the 24th day of Ju - !y. 198x{. The SII text of said ordinancb is available to the public in the Office of the City (ecretarY. -s-Bill G. Read City Secretary Corpus Christi, Texas PUBLISHER'S AFFIDAVIT STATE OF TEXAS, tss: County of Nueces. AD#69063 7;: Before me, the undersigned, a Notary Public, this day personally came. GRACIE DE LUNA who being first duly sworn, according to law, says that he is the ADM. ASST. SECRETARY of the Corpus Christi Caller and The Corpus Chrbti Times. Daily Newspapers published at Corpus Christi, Texas,, in said County and State, and that the publication of NOTICE OF PASSAGE OF ORDINANCE NO. 18372... of which the annexed is a true copy, was published in CALLER—TIMES PU 3Lj,8 _C4,,__ on the 5th day of -&119.115.t-- 19.8.4.., and once each. ...da.y..___..._._thereafter for. ono consecutive day One 'Times. $ 25..3Q - GRACIE DE LUNA Adm. Asst. Sec. Subscribed and sworn to before me this..._.9th .._.day of August 19 84 Notary Public, Nueces nty, Texas NOTICE OF PASSAGE OF ORDINANCE NO 18372.. GRANTIM TO NUECES ELECTIFfC COOPERATIVE,' INC. ITS SUCCESSORS AND ASSIGNS, . AN ELECTRIC I LIGHT, HENT AND POWER t FRANCHIS�i FOR FIVE 15) s YEARS, SETTING FORTH jt CONDITIONS ACCOMPANY. Y ING THE GRANT OF FRANCHISE; AND PROVIDING: FOR PUBLICATION Was passed and approved by the City Council of the Cay of Corpus Christi, Texas on the 31st day of July, 1984 The full text of said ordnance,:, is available to the public In theas Office of the City Secretary. '° -s-Bill G Read` City Secretary; Co City of Corpus Christi August 17, 1984 Mr. Sam H. Burris Attorney at Law P. O. Box 68 Alice, Texas 78333 Dear Mr. Burris: Enclosed is a copy of Ordinance No. 18372, passed by the City Council on July 31, 1984, granting a franchise to Nueces Electric Cooperative, Inc.. This copy is for your information and file. Please note that on Page 3 of the ordinance are signature lines to be executed by officials of that company. Enclosed also is a copy of Page 3 which the City of Corpus Christi needs executed to be attached to the original copy of this ordinance. As soon as execution has been completed, I would appreciate very much your returning Page 3 to this office for our permanent records. Thank you in advance. Sincerely, Dorothy Zahn Assistant City Secretary DZ/rr Encl. 302 South Shoreline - P.O. Box 9277 - Corpus Christi,TX 78469 (5121 884-3011