HomeMy WebLinkAbout031336 ORD - 01/09/2018 Execution Version
AN ORDINANCE
GRANTING TO NUECES ELECTRIC COOPERATIVE, ITS SUCCESSORS
AND ASSIGNS, A NON-EXCLUSIVE FRANCHISE TO CONSTRUCT,
MAINTAIN AND OPERATE LINES AND APPURTENANCES AND
APPLIANCES FOR CONDUCTING ELECTRICITY IN, OVER, UNDER AND
THROUGH THE STREETS, AVENUES, ALLEYS AND PUBLIC RIGHTS-OF-
WAY OF THE CITY OF CORPUS CHRISTI,TEXAS
WHEREAS, Nueces Electric Cooperative, (hereinafter "NEC") has been engaged in
the electric power distribution business in the State of Texas and the City of Corpus Christi
(hereinafter the"City") for many years;
WHEREAS, in September of 2004, NEC opted into customer choice, pursuant to
Chapter 41 of the Texas Public Utility Regulatory Act, and by doing so, has the right to offer
electric energy and related services directly to retail customers outside its certificated area. By
opting into customer choice, NEC became a Retail Electric Provider ("REP") wherein it
serviced its members who utilized NEC infrastructure and purchased power from NEC, along
with other members who utilized infrastructure of other investor-owned utilities yet purchased
power from NEC; and
WHEREAS,NEC has operated under franchises from the City for many years and the
parties desire a new franchise under the terms and conditions contained herein which provide
for a new franchise fee methodology pursuant to Texas Utilities Code Section 33.008 .
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS,THAT:
SECTION 1. Grant of Franchise. Pursuant to Article IX of its Charter and other
applicable law, City hereby grants to NEC and its successors and assigns the non-exclusive
right,privilege,franchise,and authority to set,erect,construct,support, attach,connect, extend,
and stretch Facilities between, and maintain and operate and use lines and other Facilities in,
above,under, across, and along the Public Rights-of-Way of the City, as the same now exist or
may hereafter be laid out, in the City of Corpus Christi, Texas, for the transmission and
distribution of electric energy and services incidental thereto either by means of overhead or
underground conductors, with all necessary or desirable appurtenances and appliances, as
currently installed or that may be installed in the future, including but not limited to: 1)
underground conduits, poles, towers, wires and transmission lines, ducts, cables, braces, guys,
anchors, manholes and vaults, transformers, switches,meter-reading devices, outdoor lighting,
and fixtures,2)communication systems and fiber optic cable and telegraph and telephone wires
for its own use in its delivery of electricity, and 3) any and all other equipment, appliances,
attachments, appurtenances and other items necessary, convenient, or in any way appertaining
to any and all of the foregoing (hereinafter "Facilities") for the purpose of transmitting and
distributing electrical energy to said City and the inhabitants thereof, and persons and
corporations within and beyond the limits thereof, for light, heat, power and similar purposes
(and for broadband over power lines as set forth below) and to license or lease space on or
within the NEC's poles, conduit and appurtenant facilities for the attachment of third party
facilities required or authorized under applicable law. "Public Rights-of-Way" shall mean all
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rights-of-way for public roads, streets, avenues, alleys, sidewalks, highways, and all other
public property of the City as the same now exist or may be hereafter laid out,platted,dedicated,
acquired or improved within the present limits of the City and as such limits may be hereafter
extended; and all utility easements either City owned,controlled or dedicated for the placement
and location of various utilities (whether over public or private lands), except those dedicated
for water, sewer, gas or other specific purposes only. Public Rights-of Way also specifically
includes public parks, public squares, greenbelts, green space, drainage easements, and other
areas set aside by the City for public recreation or other public use. The grant made herein is
effective only to the extent of the City's interest in a particular right-of-way; it does not grant
any interest lawfully owned or retained by another person.
This grant does not include the right to use the Public Rights-of-Way to conduct other
businesses such as telecommunications or cable television even though electrical energy may
be used for those purposes. Notwithstanding the foregoing, the grant herein to use drainage
easements is specifically conditioned upon NEC's securing the City's written consent, through
its Director of Engineering Services: 1)before any new Facilities may be placed in a drainage
easement, and 2) before existing Facilities in a drainage easement may be expanded or altered
(does not include normal maintenance). Before consent is granted,the Director must determine
that the proposed new Facilities or the existing Facilities as expanded or altered,will not unduly
impede the drainage function of the easement and will not unduly impede City access to the
easement for maintenance,including mowing. The Facilities will be located as close as feasible
to the edge of the easement without creating an encroachment on adjoining private property.
Fronrand after the effective date of this franchise, the placement and location of Facilities in
public parks, public squares, greenbelts, green spaces, and other areas set aside by the City for
public recreation or other public use will be covered under a special permit or specific express
easement granted to NEC for such purposes. Facilities existing in those areas at the
commencement of this franchise shall be exempted from such requirement. Requests for
special permits or specific express easements shall not be unreasonably withheld, so long as the
location and placement of the Facilities does not unreasonably interfere with the City's use and
enjoyment of the area for public recreation or other public purposes.
The right granted to NEC to license or lease space on or within the company's poles, conduit
and appurtenant facilities for the attachment of third party facilities shall not constitute a grant
by the City to the third party to locate and place facilities in, above,under, across, or along the
Public Rights-of-Way nor does it delegate the right to NEC to grant such a right. NEC shall,
within a reasonable time following its acceptance of this franchise and to the extent such
information is available, furnish to City a list of the names, addresses, phone numbers, and
representatives of each person or entity licensing or leasing space on NEC's poles,conduits and
appurtenant facilities for the attachment of third party facilities so that City can ensure that each
such person or entity has been authorized by City to use City property. For the purposes of this
section, "reasonable time"shall not be more than 60 days, unless both NEC and the City agree
to extend the period of time as may be necessary for NEC to comply with this provision. NEC
will update the list annually thereafter. NEC does not warrant the accuracy of any such
information provided, and to the extent locations of attachment and/or locations of Facilities
are described or shown, such locations of attachment and locations of Facilities are described
or shown in their approximate locations. All information provided respecting attachments and
locations of Facilities shall be used by the City solely for auditing and managing the Public
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Rights-of-Way, and City shall take all prudent steps required by applicable law to prevent
disclosure or dissemination of such information, without the prior express written consent of
NEC.
SECTION 2. Term. The franchise granted by this ordinance shall be for a term of
approximately ten (10) years, commencing on , and expiring on December 31,
2028, at midnight.
SECTION 3. Construction and Maintenance Activities.
(a)NEC Facilities shall be constructed and maintained in accordance with Good Utility
Practices, as defined by the Public Utility Regulatory Commission of Texas ("PUCT"), and in
conformity with the National Electrical Safety Code("NESC") and all applicable federal,state,
and local laws and regulations governing operations in the Public Rights of Way, and so as not
to interfere unreasonably with traffic over streets, alleys,and sidewalks,the flow of storm water
in any gutter,drain, sewer,or open drainage system,or with the City's water,wastewater, storm
water and gas utility operations. "Constructed and maintained" includes installation,
construction, relocation, maintenance,repair, and removal.
(b) The surface of any Right-of-Way disturbed by NEC in the construction or
maintenance of its Facilities shall be restored within a reasonable time after the completion of
the work to as near as practical to its original condition as before the commencement of the
work. Absent some independent intervening event or condition beyond NEC's reasonable
control,-should the City reasonably determine,within one year from the date of such restoration,
that such surface requires additional restoration work to place it in as near as practical to its
original condition as before the commencement of the work,NEC shall perform such additional
restoration work to the reasonable satisfaction of the City. No Right-of-Way shall be obstructed
for a longer period or to a greater extent than shall be reasonably necessary to execute all work.
(c) In constructing and maintaining its Facilities, NEC shall not disturb City's street
pavement, water, wastewater, gas, and storm water facilities without the approval of the City's
Director of Engineering, except during an emergency. Other than its regulatory fees governing
excavations, no fees shall be charged by the City for its review and approval, which shall not
be unreasonably withheld, delayed or conditioned so as not to unreasonably interfere with
NEC's obligation to serve or with customer response time. As soon as practicable after an
emergency, NEC shall report the emergency work performed to the Director of Engineering.
NEC shall, at its sole cost and expense, refill and repair(including by repaving any cut in any
pavement or sidewalk) all excavations made by NEC in the Public Rights-of-Way and all
damage to City's streets, water, wastewater, gas, and storm water facilities in connection with
the construction and maintenance of NEC's Facilities. Likewise, City shall, at its sole cost and
expense, refill, repair and return to grade all excavations made by City in the Public Rights-of-
Way and all damage to NEC's Facilities in connection with the construction, maintenance and
modification of City's Facilities. Provided,however,the City's liability for damages under this
Section 3(c) shall not exceed its limits of liability under the Texas Tort Claims Act.
(d) NEC shall contain loose dirt and prevent erosion caused by its construction and
maintenance activities, all in accordance with applicable Texas Commission on Environmental
Quality("TCEQ") storm water regulations.
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SECTION 4. Relocations and Securing Facilities.
(a) City reserves the right to construct, maintain, and modify its facilities for City
operations including streets, curbs, sidewalks, water, wastewater, gas, storm water, and
communications for its own use (herein "City Facilities"). City shall give written notice to
NEC whenever City has determined that removal, relocation, change or alteration of NEC's
Facilities is reasonably necessary for construction, maintenance, or modification of City
Facilities. Alteration includes, without limitation, adjusting NEC manholes to a height even
with the street surface. The amount of notice provided to NEC shall be reasonable under the
circumstances, but not less than thirty(30) days. Upon notice by City, NEC shall, temporarily
or permanently, remove, relocate, change or alter the position of NEC's Facilities as soon as
reasonably practical. NEC shall bear the expenses for any removal, relocation, change or
alteration of its Facilities to permit the widening or straightening of a street, in accordance with
Section 37.101(c), Texas Utilities Code. City shall bear the expenses for any other City
requested removal, relocation, change or alteration unless applicable state or federal law
requires NEC to bear such expenses. Notwithstanding anything to the contrary herein
contained, NEC agrees to bear the expenses for any removal,relocation,change or alteration of
its Facilities when requested by the City Manager for the City to meet Americans with
Disabilities Act("ADA")compliance when and if the PUCT approves a streamlined regulation
mechanism for including recovery of distribution investments in rates and the NEC capital
investments incurred to meet the City's ADA compliance are recoverable through such
streamlined distribution regulations.
(b) In situations where City does not require removal, relocation, change or alteration
of NEC Facilities, NEC shall take responsibility for securing its poles and facilities during City
operations.
(c) In situations where NEC is required by the City to remove or relocate its Facilities
to accommodate widening or straightening of a street by City,and NEC is eligible under federal,
state, county,City or other local agencies or programs for reimbursement of costs and expenses
incurred by NEC as a result of such removal or relocation and such reimbursement is required
to be handled through the City, NEC's costs and expenses shall be included in any application
by the City for reimbursement, if NEC submits is cost and expense documentation to the City
prior to the filing of the application. City shall provide reasonable notice to NEC of the deadline
for NEC to submit documentation of the costs and expenses of such relocation to the City.
----- ---(d) As to any removal,relocation,change or alteration of NEC's Facilities whereby the
cost and expense thereof is to be borne by NEC in accordance with this Section 4, NEC may,
after receipt of written notice requesting such removal, relocation, change or alteration, submit
in writing to the City alternatives to City's construction plans, which would obviate the need
for NEC to remove, relocate, change or alter its Facilities. Upon the City's receipt from NEC
of such written alternatives, the City shall evaluate such alternatives and shall advise NEC in
writing if one or more of such alternatives are suitable to accommodate its needs, which would
otherwise necessitate removal, relocation, change or alteration of NEC's Facilities. In
evaluating such alternatives, the City shall give each alternative proposed by NEC full and fair
consideration with due regard to all facts and circumstances which bear upon the economics
and practicality of removing, relocating, changing or altering NEC's Facilities. The City shall
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not evaluate alternatives proposed by NEC in an arbitrary or capricious manner. In the event
the City reasonably determines that such alternatives are not appropriate, then NEC shall
remove, relocate, change or alter its Facilities as otherwise provided herein.
SECTION 5. Consideration.
(a) For and as full consideration and compensation for this franchise and the rights
granted herein and as rental for the use of the Rights-of-Way, NEC shall pay City an amount
authorized by Section 33.008(6) of the Texas Utilities Code, currently the product of a factor
of$0.002918469 per kilowatt hour multiplied by the number of kilowatt hours of electricity
delivered by NEC,through its distribution facilities to its members who receive electricity from
NEC within the boundary of its Certificated Area as determined by the Public Utilities
Commission (known in NEC bylaws as Class W Members) and whose consuming facility's
point of delivery is located within the City, as such charge may be revised from time to time in
accordance with Section 33.008(b)of the Texas Utilities Code or any other applicable provision
of law regarding franchise fee payments.
(b) Payments will be made each month throughout the term of the franchise, with each
such payment to be made by electronic funds transfer not later than the first business day of the
second month following the month in which deliveries occurred for the billing cycle for that
month. For example,payment for May 2016 deliveries,which covers a billing cycle from April
29th through May 28th, would be paid not later than July 1st. With each monthly payment,
NEC shall furnish to the City a report that accurately reflects the number of kilowatt hours for
the month(meaning for the billing cycle for the month) delivered within the city limits and the
charge per kilowatt hour determined in accordance with Section 33.008(b), Texas Utilities
Code, or any alternate methodology upon which the parties have agreed payments shall be
made.
(c) The City shall notify NEC in writing of newly annexed and de-annexed areas. The
notice shall include the ordinance number authorizing the action, an appropriate map
identifying the areas and documentation of the notice to the State of Texas regarding the
annexation or de-annexation. NEC shall have no responsibility for commencing payments to
City for kilowatt hours delivered in newly annexed areas until it shall have received City's
notification. Upon City's notification and starting the 91"day after receipt of such notice,NEC
will commence payments to the City for kilowatt hours delivered in each newly annexed area
and will make any appropriate adjustments in payments reflecting over deliveries of kilowatt
hours in any prior month resulting from inclusion of kilowatt hours from de-annexed areas in
the calculation of the monthly charge. Payments for deliveries in newly annexed areas and
adjustments for over deliveries in de-annexed areas shall be made back to the effective date of
the ordinance.
SECTION 6. Alternate Compensation.
(a) Under the authority granted by PURA Section 33.008(f), and in consideration of the
City granting NEC a multi-year franchise, City and NEC agree to the possible implementation
of a different level of compensation for the use of the Public Rights-of-Way than that prescribed
by PURA Section 33.008(b). City shall have the opportunity to enact a factor increase by
ordinance once every four(4) years during the term of this franchise, beginning on the date of
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final approval of this franchise ordinance, provided however, the total franchise fee factor may
not exceed $ 0.004377703 per kilowatt hour, unless authorized by other law. Upon written
notification of City's passage of such an ordinance, in form and substance satisfactory to NEC,
approving a tariff for the collection and recovery by NEC of a municipal franchise fee charge
equal in amount to the difference between compensation currently authorized under Section
33.008(b), at $0002918469 per kilowatt hour, plus any incremental factor amount previously
authorized by ordinance, basing the charge on the product of the currently authorized total
factor multiplied by the number of kilowatt hours of electricity delivered by NEC within the
City, and compensation that would be received by the City basing the charge instead on the
new, approved total factor, but not more than $0.004377703 per kilowatt hour, NEC and City
shall amend Section 5 of this franchise agreement to reflect compensation basing the charge on
the new approved total factor,but not more than$0.004377703 per kilowatt hour. The effective
date of the increase in the franchise fees shall be the effective date of the recovery mechanism
(e.g. tariff schedule) for the collection and recovery of the incremental fee approved by City's
ordinance; provided however, payments for such increased fees shall not commence until 90
days after such effective date.
(b) The change in the franchise fee rate provided in Subsection (a) above is expressly
conditioned upon NEC's ability to concurrently recover the additional franchise fees paid to the
City. In the event that the PUCT or a court of competent jurisdiction finds that any portion of
the franchise fees calculated in accordance with Subsection (a) above may not be concurrently
recovered by NEC from customers or in some manner prevents NEC from recovering said
franchise fees,then NEC shall not be obligated to pay to the City any amount above the amount
NEC is allowed to recover from its customers. If the PUCT or a court of competent jurisdiction
orders NEC to refund to customers any amounts collected for franchise fees paid in accordance
with Subsection (a), such amount refunded shall be a credit against future franchise fees owed
by NEC to City.
(c) In the event any regulatory proceeding before any federal or state agency results in
the approval of a more favorable franchise fee amount and/or method of recovery than that
provided by the mechanism set out in this Section 6, the City and NEC agree to the further
amendment of Section 5 to provide for payment in accordance with such approved franchise
fee amount and/or method of recovery.
(d) City and NEC agree that NEC may, in its sole discretion, support a legislative or
regulatory initiative to provide for the collection and recovery of increased franchise fees, but
in any event, NEC will not oppose such an initiative.
SECTION 7. Indemnity.
(a) NEC shall release, protect, defend, and hold harmless City, its employees, officers,
directors, agents and legal representatives from any and all claims, demands, and liability,
including defense costs and attorneys fees, relating in any way to damages, claims, or fines
arising by reason of or in connection with NEC's, or its contractors', agents', or employees'
actual or alleged negligence in the construction, maintenance, and operation of its Facilities in
the public Rights-of-Way of the City.
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(b) To the extent permitted by law, City shall release, protect, defend, and hold
harmless NEC,its employees,officers, directors, agents and legal representatives from any and
all claims, demands, and liability, including defense costs and attorneys fees, relating in any
way to damages, claims, or fines arising by reason of or in connection with City's, or its
contractors', agents', or employees' actual or alleged negligence in engaging in activities
pursuant to the rights granted City in Section 14 and 15 hereunder. Provided, however, the
City's liability for an occurrence under this Section 7(b) shall not exceed its limits of liability
under the Texas Tort Claims Act.
SECTION 8. Assignment. This franchise may be transferred in accordance with
Article IX, Section 4 of City's Charter. This franchise shall inure to the benefit of and be
binding upon the transferee.
SECTION 9. Termination. This franchise may be terminated in accordance with
Article IX, Section 5(a) of City's Charter.
SECTION 10. Maps.
(a) Upon the City's reasonable request, on a project-by-project basis, NEC will provide
to the City copies of available maps, plats and drawings in use by NEC showing the location of
its Facilities at locations within the Public Rights-of-Way. To the extent possible, NEC will
provide such information to City in an electronic format, but NEC shall have no obligation to
provide such information in any specific format. As to any such maps, plats and drawings so
provided, NEC does not warrant the accuracy thereof and, to the extent the locations of the
Facilities are shown,such Facilities are shown in their approximate locations. In addition,NEC
and the City agree to share information about additions or modifications to their Facilities that
could reasonably be expected to have a material impact on the other.
(b) Any maps, plats and drawings and/or other information concerning the location of
NEC's Facilities provided by NEC to City shall be used by City solely for management of the
Public Rights-of-Way. City shall take all prudent steps required by applicable law to prevent
disclosure or dissemination of such maps, plats and drawings and/or any other information to
any unauthorized third party, without the prior express written consent of NEC.
(c) City and NEC agree to meet annually to share their plans for extension of Facilities
to serve the public. The goal of the meeting will be to inform and update one another about
projects in order to reduce cost and effectively provide services for ratepayers and taxpayers.
Participants will include appropriate planning, engineering, and financial representatives of the
parties. Representatives of the Texas Department of Transportation may be invited to attend,
as well as other third party representatives, provided NEC and the City mutually agree.
SECTION 11. Accounting and Audits.
(a) NEC shall maintain adequate books and records relating to the performance of its
obligations under this franchise.
(b) City may cause, upon reasonable notice, an audit to be made of the books and
records of NEC relating to NEC's performance under this franchise only if any such audit
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concerns a payment made less than two (2) years before the commencement of such audit in
accordance with Section 33.008(e), Texas Utilities Code, or such other period as may be
subsequently established by applicable state law. In the event City elects to exercise its right
of audit, City shall provide to NEC written notice at least two (2) business days in advance of
the audit. City shall select the auditor. NEC shall make available to the auditor personnel and
records reasonably necessary to complete the audit. NEC shall answer questions and provide
records or information within a reasonable period of time under the circumstances, including
records maintained outside Corpus Christi. City shall bear the cost of the audit; provided that
NEC shall bear the cost if the audit reveals underpayment of fees of more than three and one-
half percent during the audit period. City and NEC shall meet and attempt in good faith to
resolve any disputed issues arising from the audit report. Any underpayments discovered as a
result of the audit shall be promptly paid by NEC, and likewise, City shall promptly refund any
overpayments discovered.
SECTION 12. Underground Electric Distribution Lines.
NEC acknowledges the City's desire to promote a policy of undergrounding Facilities
within the Public Rights-of-Way whenever possible. The City acknowledges that the Facilities
Extension Schedule of NEC's approved Tariff for Electric Delivery Service("Tariff')provides
that electric service will be provided to Retail Customers utilizing construction with standard
facilities,which consist of overhead distribution facilities installed above ground. Underground
electric connections and conversions from overhead to underground electric connection are
specifically considered requests for non-standard facilities for which NEC may require a
Contribution in Aid of Construction.
NEC currently encourages, and will continue to encourage, the utilization of
underground Facilities in new subdivisions and commercial installations within the City. NEC
agrees to work with the City to install underground Facilities in all instances where it is practical
and economically and operationally feasible to do so, all in accordance with the Tariff and
NEC's Underground Distribution Policy.
NEC acknowledges that City may adopt an ordinance requiring developers to place
residential distribution Facilities underground in new subdivisions. City will notify NEC in
writing of the adoption of any such ordinance. After such notification, NEC will not install
overhead distribution Facilities in a new subdivision without confirmation from City that City
has exempted the installation from the City's undergrounding requirement. For purposes of
this paragraph, "underground" Facilities do not include primary feeders or other lines of a
similar nature and function that comprise NEC's distribution infrastructure.
SECTION 13. Vegetation Management
NEC shall have the right, consistent with its Tariff, to cut, trim, treat and dispose of
trees and other vegetation upon and overhanging the Public Rights-of-Way of the City in the
vicinity of NEC's Facilities where such trees and other vegetation, in NEC's reasonable
opinion, constitute a hazard to NEC's personnel or Facilities, or the provision of continuous
electric service.
SECTION 14. Access to City Facilities.
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Upon reasonable advance notice by the City,NEC grants to City the right to cross NEC
property to access or maintain City Facilities, provided such access shall not unreasonably
interfere with NEC's maintenance and operation of its Facilities or adversely impact site safety
and/or security, and that determination shall be at the sole discretion of NEC.
SECTION 15. Attachment of City Facilities to NEC Poles.
NEC grants to City the right to attach lines for City purposes to poles and other Facilities
used by NEC for distribution purposes, provided City agrees that such grant shall be in
accordance with and subject to the terms and provisions of an appropriate Pole Attachment
Agreement, Wi-Fi Agreement or other such agreement covering attachments to NEC Facilities.
SECTION 16. Extension to City Property Line.
Consistent with the Facilities Extension Schedule of NEC's Tariff,NEC will ensure that
reasonable consideration will be made to minimize the cost to the City for new distribution line
extensions installed for the City and located inside city limits as well as for conversions from
overhead to underground electric connection for existing lines within the city limits.
SECTION 17. Compliance with Law; Police Power. NEC shall carry out operations
under this franchise in compliance with all valid and applicable federal, state, and local laws,
and NEC specifically agrees to comply with the provisions of any such City promulgated laws
or-t.gulations, provided that any such City promulgated laws or regulations shall not be in
conflict or inconsistent with the express terms and conditions of this franchise and shall not
conflict with the laws of the State of Texas or the laws of the United States of America. Nothing
in this franchise shall be construed to contract away any City police power to regulate and
legislate to protect and promote the public health, safety, and welfare.
SECTION 18. Venue. For proceedings and actions other than those required to be
conducted before the Public Utility Commission of Texas ("PUCT"), venue for actions
concerning any matter or controversy growing out of or incident to the duties and obligations
in this franchise shall be the State courts of competent jurisdiction of Nueces County, Texas,
unless Texas law requires a matter to be submitted to a particular regulatory body or court
outside Nueces County.
SECTION 19. Notices. All notices or other communications hereunder shall be made
in writing and may be delivered by hand delivery, United States mail,overnight courier service
or facsimile to the addresses set forth below. Notice by facsimile or hand delivery shall be
effective at the close of business on the day actually received,if received during business hours
on a business day, and otherwise shall be effective at the close of business on the next business
day. Notice by overnight United States mail or courier shall be effective on the next business
day after it was sent. Notice by United States mail (other than overnight mail) shall effective
three business days after it was sent. A party hereto may change its address by providing notice
of same in accordance herewith.
To City: City Manager, City of Corpus Christi, P.O. Box 9277, Corpus Christi, Texas
78469-9277. Fax number: 361-880-3839.
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To NEC: Chief Executive Officer, 14353 Cooperative Avenue, Robstown, Texas
78380.
SECTION 20. Captions. The Captions contained in this franchise are for convenience
of reference only and are not intended to restrict, affect, enlarge or be of any weight in the
interpretation or construction of the terms and conditions of this franchise.
SECTION 21. Waiver. Failure of either party to require the performance of any term
in this franchise or the waiver by either party of any breach of this franchise does not prevent
subsequent enforcement of such term and is not deemed a waiver of any subsequent breach.
The recitation of specific remedies in this franchise does not waive the right of either party to
enforce this franchise by initiating legal procL dings to seek or obtain judicial enforcement of
the other party's obligations by means of specific performance, injunctive relief or mandate, or
any other remedy at law or in equity.
SECTION 22. Entire Agreement. This franchise contains the entire agreement of the
parties and supersedes all prior and contemporaneous agreements and understandings, oral or
otherwise, among the parties with respect to the matters contained in this franchise.
SECTION 23. Amendment. This franchise may be amended only by written
agreement of NEC and the City in accordance with the City's Charter.
--- SECTION 24. No Third Party Beneficiaries. The City and NEC are entering into
this franchise solely for their own benefit and nothing herein shall be construed to confer any
right,privilege, or benefit on any person or entity other than the City and NEC. No action may
be commenced or prosecuted against any party by any third party claiming as a third party
beneficiary of this franchise agreement. The franchise agreement shall not release or discharge
any obligation or liability of any third party to either party.
SECTION 25. Requests for Confidential Information. In the event the City receives
a request for the release of information provided by NEC, that is characterized in this franchise
agreement as confidential or is characterized in writing by NEC as confidential when it provides
the information to the City,the City shall follow the procedures in the Texas Public Information
Act for requesting a Texas Attorney General's Opinion regarding exemption of the information
from disclosure and shall provide NEC with a copy of the request for the release of the
information and a copy of its request to the Texas Attorney General asking for the opinion
regarding exemption of the information from disclosure. If requested to do so, the City will
provide information available to it and other reasonable assistance to NEC to assist NEC in
establishing that the information is exempted from disclosure.
SECTION 26. Severability. If for any reason any section, paragraph, subdivision,
clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by
final judgment of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause,phrase, word or provision of this ordinance, for it is the definite
intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or
provision hereof be given full force and effect for its purpose; provided, however, that this
paragraph does not apply should the compensation provided to City hereunder be held invalid
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by final judgment of a court of competent jurisdiction after all appeals, if any, and City may in
that event declare this franchise null and void.
SECTION 27. Publication. Publication shall be made as required by City's Charter.
SECTION 28. Acceptance. In order to accept this franchise,NEC must file its written
acceptance within 30 days after final passage by the City Council of City. If the franchise is
not accepted within 30 days, this ordinance shall be null and void.
SECTION 29. Effective Date. Subject to Section 26, and provided NEC accepts the
franchise by the filing of its written acceptance, this franchise ordinance shall take effect sixty
(60) days following its final adoption by the City Council in accordance with the City Charter.
Execution Version
That the foregoing ordinance was read for the first time and passed to its second reading on this
the 4t' day of"(''VthAfl j017, by the following vote:
Mayor Joe McComb Ben Molina ( !
Rudy Garza Lucy Rubio
SII
Paulette Guajardo I__,../ Greg Smith I , 1
Michael Hunter I ' ' Carolyn Vaughn I
Debbie Lindsey-Opel 0_,c
That the for o_jig ordinan-- was read for the second time and passed to its second reading on
this the ir 1 may of , . _ , 0 Jf,4 0 ,by the following vote:
Mayor Joe McComb 10.4.A.1! Ben Molina
' ___OLIL__
Rudy Garza . ,,I Lucy Rubio
' Alt—
Paulette Guajardo Greg Smith
Michael Hunter ate. Carolyn Vaughn --*Y- -
Debbie Lindsey-Opel atj&
PASSED AND APPROVED on this the '"I y da of i �� '
, 201 .
I I
ATTEST:
Kl Z_C-ei. _ ■ A..LL /
Rebecca Huerta J. d c omb
City Secretary � . e,
031336
PUBLISHER'S AFFIDAVIT
State of Texas } CITY OF CORPUS CHRISTI
County of Nueces } Ad # 1857962
PO#
Before me, the undersigned. a Notary Public, this day personally came C LQ W.SL4.1 . who
being first duly sworn, according to law, says that she is LEGAL SALES REPRESENAFIVE AND
EMPLOYEE OF THE PUBLISHER, namely. the Corpus Christi Caller-Times. a daily newspaper
published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval,
Jim I logg. Jim Wells, Kleberg, Live Oak, Nueces, Refugio, and San Patricio, Counties, and that the
publication of NOTICE OF PASSAGE OF ORDINANCE On No which the annexed is a true copy,
was inserted in the Carpus Christi Caller-Times on:
CC-Corpus Christi Caller-Times 12/17/17 Sun
CC-Internet - caller.com I 17/17 Sun
a
^ T LEGAL SALES REPRESENTATIVE
On this r/�}S day of 1 ),Q C DrnjAkN .20 17 I certify that the attached document is a true
and exact copy made by publisher.
Not y ubliic State of xas
SYLVIA P PERE2
My Notary lD#126819013
" ': Expires February 27,2021
o
+ CALIEY.COM 1 SUNDAY,DECEMBER 17,201' I Si
e
friviiela ENG t.CteDNs L•it 13
� BID NOTICE ie NOTICE OF PASSAGE OF Sealed Bd.for the Cela..
will be
The Cl,Rel CarW1 CMtU If On NovermberORDINANCE.2117 IM Vail yr CRbyMr ddeihefewn
(aloa•y accepting 006 In: Carpus CNHll City Com. 0.using Authority at Int
Estate SAWS • Cemetery Lots Legal0 Iii. 11111 ad. Administration elute until
III 171-Utility i.r.n V•1). mg,an Ordinance pilling Januar 4.2011(Thursday)
a3 BID 10110E eke ler Beats O/uali•M 000,., fletbk Coopers• 4110:76 A.N I which NMnf
Y live(NEC),i1)$000, 00, the bids will 0•DUU6t17
ton Gey el C4rrus CnrhU k fon Rn k avai1,01.on Inc and Nfp11{.a Mn•ta000 the bdsn wiladeleu0.
./ Af k:O clic t.r,. Inr<.punp 6:d.h.: Cny'+SupDMr I«uI fon front0 a tenufuei A nen-mMaUelr cul ryeom•
t.-.life «< RFS i IIIc-W1.10,,Ser. yer� YF-S!M maintain and 00001)0 Iles Se nda0/rf•OiO mnMmg if
Intl$61110111.•fhde I IURNL PLOT M Memorial v f Vol Cil/Owned VI,. 1Yp •O.Waa and 4015 tet ncef 0 tM0401uled 101 10:01 A.M..
j 6 Park Ceenehley,FM 1109 appliaMN 10 tenWuting Decombe;71,2011,IThurs-
illitke:EllAI Sle CHS and EbviDTMt DAM bootie. cementing Um .kalAClty M.over under day7.
IfJ/fA«aalaefain IaoONo0wwrrUa f1e0I he1s1 RIB • D.•'PU n hrnuyh. heels, ton Prole.,....Mede,Mor.
41SalS•7Visd www. IMUJS7.7JI1 3L 1)17 held*2:00 IM. avenues,aopO and public m 1ah..l,..0010n.eR0 0
Ct 1DUNnao•NNe.eom IM IIB 00...M M.on U• Weide.'questions Mad be Corp..s•nlmar el he City of mem,tools.and all the alae
Iu1 more Mammal/Mend 4 IT Supplier P00MI Milted In writkp online oratrial/(CNy):fora dental,lei/ult.J«deme•
pictures .1 nW.tOteXaxduMN II"5/ 00 0heGly's Sapper Porte! term of approximately ten aIle.,me nry.naweMr0.
W/0.ONW s yy IM eteebOOt Wet- 1101 yams;and r.timMMe n latien,teak..doers
Ibn)..Imre.lelnfi0 to this t Meech NEC Mall par windows, eta
RETIREMENT SALE A Pre Centereme won be bid. ion Caren amount Milne• bug rlemnng,eaewNr.
'PLOT AT ROfiLaL heti,on D•cem0«IK 7611 fired by Section 11.000(0) plumbing.lighting.and abe-
el BUMBLEBEE CEMETERY•Wes lawn. at l p1. AN(CT) 1 CN/ Sias a dee !weary S. 01100 Tea Uwitks Cede, Inca)
x+11'• Aty, YES K01111r 1 57/10 Nall Purchasing Conk/thee u
q (2b)176.4417 1y) !Sleet 3:1)/Y.giddier<•n rreMlY M 001 deal l 1 a,0{pt(1.1 bidders ft
Oder 11 Y.;, Imam,1101,leopard Sl.4th submit their ped either•ee- la«« f 5000 10441 per obtain all read My Rile.,.
accumulation of treasures! Floor,Conran Christ.. IronbMly or in hard,pD kilowatt hour lliblied tens is bidder,, entree!
•SO,ON;geodes 51.25.. Fun 4.000 10401. All Ifep"fell are as 10sbusted m lin RFI.61 by MItub
ber el l. walt Docuand ments, aDetailed
encwragedh attend. ubmiuin, Heel/mut/01y.1noun of electricity delis- Specifications. The dnc•
dint LN Beal.ab.MUl Mie
MSS mull be Submit104ted v .100 by NEC,through Its umM ts may be viewed at
•Boots..peke! w w 0 11)•{ t•. Mg N• !he City,Sup01k1 Portal. OI Mellon InI111ho l0 Its the:malwns hown bylaw.
•O.N•N 1001 044.114544 Mesquite 211 tee`e en Deemeer g T NOON peters .ben Mu recede deP TM documents t be
•N tools 1000 011! 21.3017 before 11:1)AM CT. submitting a IouO.1070 el 010110 Iran 1)[C 0*Mho0104 IN, N1e.CO 41 Olt most
I
Well en1erl.nr.aseMNp Firewood Ridden•aestNM.M!be de bd.IIw sWmt11N shall boundary el Its Cerlihtal• AbM Engineering by depos.
,Well 10010o•MI 1.000X100 f7lSMcold. IIS I/!cord Nbmcc:.n writing,online be returned,as NN1unnM d Area as determined by ($00p00I...wow.. n,
S vi IM City,Supplier Portal 1RFS,in s.Nd en.. IM Poblic Uliof NECCommis• 40)doars lar each tel
Dews Men:sal.,tnOAI tam 5100 I/O Cord•360 1/3,"10using ow NcareIC pule• lupe(nuked on lin dultae 1a (known in Nbylaws of dMumen10 Suds depot.
410/Ynr track! SIO slack Mliv'ed a Saarted en teatime.sate.to teat wh Inv Madre,name and f Class W Me ne.) 0 el wi0 to faluM4O to.000
16 11 f.ftspin/tins (1611434.1222 bio. address•d RFI .oe. whose consuming facility, !*inanity 1.on
Moder w
SHE PaRMNG1 Nast door at ' ' ' -' _ 9100 mu1C be hist stamped point f delivery is local• r lumt Inc template Oatk-
IObD Xop a b all',as, •CHIMNEY GLEANING 500 arr 11)..1Mnwe/ !. bnl th• I*iiM dale 400 ed within the cur a such „g;10 good LOMih0n with•
r end 1)1:NPee el. 0,000; i • ted.Mu 1.5400,.• Charg•mar be revised om w•n(n ealendu den
IMO[ChM A Repeat ten HMCO lin•their Nd either Iy teemed and read Wed time(011.04 IYnf In au«danee 1)w bid Opening.
PSIS •Sesqu E.Or electronically nslem7Oor nn`IM ale dos ed aldale and W•1 at hui VINRNSI CM*ora 60$WOln musing Authority
Mesquite Or Oak NTS. II,Omitting elec. clty Mg. !her 9010,able proveswnof 62S Watt Avenue l
Pick up or het ChinMy I1eme alb bids Sbe law 0egao. Ranches,lee Rob3Mwn.Texas 73310
beseech., etehvery. 190101ed is IM Ci0ys • : payments. M3.1A74Stf
Call Jody(36110113.0111 submitted
Port.. Mender. Cllr el Corpus Christi /s/R•Meta Maeda
Lost vets 1 d bidder prefers wNM1ling Ann:RNerte onlc City Secretary nit .,.
a aed•tep f the bid.the tee d.deryus Christi, *0O Stith
Furniture submittal sh it De returned, a SAM OCTAVIO CARCIA MD 100 N.Poth Slee
$500 REWARD aftrdeNa n the RFS.. 0.150 np DhIWl ah(leer I ern announcing my rfUre. Ain/Smile.Texas Ix Y,
led a byy ked MI426.111) n1 Iran aelwe paelke 161.517.2921
Ilyt1 atdo• 0rM eulllde wlln Me b1) Y liteli: December20.
al' l�� dot f name and address all By Aulnonl 1 IM Cdr el isle a has been•
Ns IFS n4m0N.91),Mott De Corpus Chai ybnwl00141)1.00 Nr Your
�A���; tamped by IOl Clos Mahn O. .net la wu
lime
It and his..SIM w0 Maria D.de.a M yaaa.
VC 0 harm 1)11110,DR wit
mg
et oeden4 aa4 PurCMMip Manager
,4"Y Calfs a chine Cab.11101. .sed Mod &Ids IeOewMgr0ur,moral fit0ds wen b•
1.armoire$ite, N.Cede the Md Mie ate and time at IN TOE MerRO'TAT'S .‘,...,„t m1'IIN....
the t s210. 10•TV Center City MO DISTRICT COUNT FOR THE ON....,2611,otherwht
fMO,lR fun, e .0 TSOUTHER DISTRICT OF Dr.Paul Farele well have
gAddressed to:ess bed.(MD 442. 100 City essed C101* ETAS CORPuSCsin mSMRi'TI Watt l"al It mead a1
Attn:Cynthia Pers buyer NOUN. SMUray
ISI l.pOld.Coq Chlstl INTN(
MATTE OFTN1 OctavNOarae MD
'y,s MU ST$$ELL' P.„haarkt....Mer tUBSS II,AS OWNEROFTNE �-
"llFtff 363.0076.))61 5/YCFROM OR
P,
LIVING Mee
-iehabl TION FROM OR IIMITAr10N
1 ends',Medial al- Sy 000$AuthoeltyChristi el me CITY N Of LABILITY
A 7•.00so io euo<endh Gall CMNIn CASE 010.3:II•a•O.SS
LOST fNaea 1161H1131I7 Mria P!«a1)
Female,Calico Cat r.+,nn MaMge1 ADMIRALTY
Hunt/Fish Supplies
test seen Cullen % NOTICE TO CLAIMANTS OF
Middle School area FULLY GUIDED SOUTH AMEA:ED COMPLA0T FOR
Please call kEXONERATION MOM OR
361-S764732 TEXAS HUNTS UINIAT0N OFINS{.1'
_- ,w� Y/NITEIMI,WATERFOWL ' Notice is MAIM*above.
S4OO TUNNEYGHOGS. 1 Onnamed Petitended 1)f ma lint.
1mend•d l MrIOMd
ti(s REWARD! Accom.&Meals (w want to 46 u.5.0 11003
A B+w1)Cnlbv !sae..loe NMerMenNan yip
avaiWble. 1 6mk.Uen a wb4nv ldr LinD Here
ji-k 0 Bleck 4 What all[minas far all damage+. 1'111L 11
w/em<roll,, 979.533.2550 or 1 taw«Jrr g0 Here
allege Aml,ae/Gauer wire 361.816.2976 i1dt41t 01 asiMi0Ml win:
a...lion,plea -1,-4.-ne:yeti eras:;. Find and visit rental
Pune C.BU6u1ad1 N WW1V.k00R0.eom Texas On or about August �fw105'IN(�
1 listings In town.
IS.1611,wit«."a ve2001 m0I0Ky(IIS,IIOdn old
LIVeStOtklin tS/Yea begat*
7001
Dogs I e•hetau 0enmf yll Sbepa�. Wt1aIKYf motes you.
II."'
tilt
11'101. bur•
' r!y-�"- 1 fp Hull LMiliq kd!No. RnrtloWrer10a1.u4011
Yv^t•(` Ls/011101H,w1)caused (411RN31111
'I" �,s�aB 1 to aNa with the Dear dwelt
1 c4f. iO �� I Ip0} F d dues of Vug'meYOnIM OUSOK NOTK[
Threvilaina
1/w.M Oen. Waco WIIOWp 1 by ay to Huekonr Han /UMIC ANNOUN.fME I EaUer361alhediCOm
ligiaIA lnrrp
CATTLE FOR f•lEl
my.a,rMfd holy dN<fi01d tis XMi{hep 1wlMfilr OI IM (M 161F87•lTh
.anions. lin Amended COm011an1
Located m Duval County 1«faMNalan from Or Jim• 0000City f 00,00 pal{has
lerf�ynt (1561744.0151 it ellen el liability. •Nnad IM wait list.es- Sealed Dias for the *40 SO
nclune WS-rareC Ian All persons Paving such +p date ler IS Sesta.a O•vle a•M 11W.s,id m
,aCh1,young dunk.new ��+�.�..waa4��y��.�ggg.y. claim, must Isle IMX NW,, CMX. Vouc1 ,.. by IM RONI•wn
NMN,. 1t a yy OIRIN' (JM.'� ,,,,,e,,,..,,„07„„,,44-„,,,x,Or- Iraynm II Om march 2I 1 tr NeuNng 4410 0( nl rine
nY•33SO.bf6S00.1)knn•Mil Vw felt plementl0.k 11. 00 to 21.Wednesday at AOuary 4.en (,ihi hl
101 Co d,Adri000,ukd 01 'Of pin , l ml 10 0 4,1.1('Which
ter!
lleflD here 1«Cold,AMwaay all •tMK"41Y h1^uiwan ot 1101 iM1r Oa I:000al0f ivbith
+I �� ti�a PASTURE 11)11L11LL1/1 wuRMawM•nnerrd•
��� �� ,� CaastAl.1190iA elan Rules I Civil puce- Int+mrnt0l'1 dM:1i0741; Anu mandM«Yrrt.tom-
Illn.n•a,+ Outt at Me
0100 Ureter!
tel AccepNnc*a0 Pr.limnuY ..hued pre•p�0 mean
B.r m 41.yy fill and in(fmtal cw,rt at lite um4/stabs a o.
ARC 11Lul MAM MUNCH nlelfnt•Iff4+ INTI In(OWA. Cw.10e.1111 N.Sha''• between
plate t.uNd for 11001.M..
/VL11001WR.Mks line 1100. Corpus Chia ddtw.rn the Mwf e1 f:00- geL:mber 71.7017.ITnws-
oa.taOW fc 0 5(1101 li,1.1)0.0401.all mu11 11.00 AN all 2:10•4:10 PM Oa).
11 11 -OIM M•rChen0i3@•Aliit. eznie-a3+�+ST t29 ,ry a ayy el M•rNl M Tunday and w.dnNdar. The armee! vohee 100
Winn*. St*0011 leaf P•tio no.On F.anT y�It$O'0O plisse Ober,male ML o, endnan
r FOR LEASE: N belay January 32.20011. eon.f 06..11.0051:.IDD gwym0nn,0 to ed air
%•Adorable (a0136144011ll N pa amed d. TTY l•No-770.7(19 a laY the reideMam g00ry.on.
1600 Oeyn01.0506 (0I61iB3•I711 Ilany edeithMM desi Exon. leundation. • ry,all
1/I/I Poli ng.51.115 Nftionn Fromright
Mneight to NpMgr mu
/\ rrefpe<My bidder, n
ARC Papered'lbblan husky CAII Pah Paid).5011711 SIO NDIS:E (Metall1 of teeter may Obtain end road lin Ins due.
Mm..red a white,«06d '01,0 lui41 10 T00 Clly el sorry.,,,h Hee He and eflve on IM a a
dons to CMOS.CMh4n
white.yifNa.161.91).4211 InlolmtliM.l*i(1]11. nrrfMly uceptlnp ala ler: 41101;yr•1"io Ne eAntMO. -+- Document,.and Detailed
Sppeetllations. The L.
Canto Dean ANSOUaln•JLC 0 Complaint en or Debre 0E0VEST FOR PROPOSAL ta may De ykwed 1)
or RFS II 1166-SOW fo Chlorite Mt
efe;*iW date unl.00 lin bites,tonus below
AA Teuton fur Water Trr•1- their claim Mf nthded an ion City of[emu,CMlnl Is Int documents mutt Or
.rt1 Ora a JEWELRY •MPIant en.w.r.sodesign/A.0.efbr .nlyaccepting prepe.• obtained at the Office of
defamed. :le la: lga EngMnryypp Dr appoo
TM Rill is area.on me Nlny •Mnd Od 11Z
ALASRANNV0IIEs Gars Supplier Pore. pAf[O TXIS On Day II O•se(n• err I4R Gaeway SIynC•m (6150)OMWs ler nen Set
S 7 0,0mak031SO Maim Wealthy aunt ,....._,,„..,A„„,..,..,, be. 'mem,mimic*,-The Gtr I tl«uments Such dee".•
7 wi,.d(16111043111 fg/ ,paW fe l ng prenasal+Irnm it mil by ItluMed to each
passed away, u,va GOn Ia i i'*i lir.,n:fr*itsI tot 0uth- re 00.11$0! Oar«
y A P,e-Sid Cen robe k 2 11 V1el,.0 Sta1et Okirift ludpe lied N s Id Gelg Conumn9 die ins IM mendai a witk-
�►� d� ��� n.a M BeNmw Mk Hn 'invites Id[.Muir Begs. die in�ued,.ndelM with.
O 11r W disposing of jewelry. a 11:1)AM(c.•I Goy By:ManMMr sar.. se Ile talented Oar.
W Hall eurcM+rp ConNnM. Oepu1Y curt the RP is•..w en M• in
Did opening
Call Kathy Isom-1701.e000ar0$1.4111 Car s SOM.Portal:
COMMIS SPANIEL PUPPIES Flour,C«pus Chat, WheyA L•cy WWW.I3l 0i tW1,/RYNM00/ 0Ntaeww 00 i Authority
rum BRED.2 un a I N,a (361)442.9393 )1.w. All Proposers are `4atY Whey
a siyyy.y.“ fY11bI/.1N 62Swe.u.«wee r
i wks,21.1M.1161)111.126( a rine to attend. ',Lee mt..,lar r.2ieMr ROCat1wn.1NN leMO
M1Man S1;eel.Seite 701 A P114 o e,al ConetreMe MhM/4S/1
"i►Adora11 WILL TRADE Oinhm.s:M'o... roe Wenn 161. 11 al 2:d wit cite
n.1017 hole.IIY.M CT. t.
7111•a 2:00 PM CT Bei cite Alpha orY•
517,000 RV Had n M.basement man• P.O.lox 1140111
lidded.Ourslbm,Md De Ing Room,All PrepONrs tee 101 N Filth
fSSbns
utmutet.n w.itng,Omna aur 000to attm+0. R0pwY1v.Tn•s 7400/
ENGLISH BULLDOG►UKt for a Bob Cat r'n1q00 Gtyt f41y1par LOOK here 161 NI 3137
MC.Cul.i W;INhO.Ills or a Backhoe. MA Hahne.S eCifie GIN{ ■ca00`menting IM RFP lwe ldu: •-
ve chewed.91000 each Call William bid. eq lww 16 a1)t.11.',1
(830)947-9107 :' I:•ay c1• I p
(361)533.0846 B20•u.fad 0 eater M. O dddnw l.4'Xeaed.arw 0.0 in ons shag be.010 ff0
Mu.23501)07.•,1_I GONHainn led in wrung.online ria lin
Submit 1Md bid fall; Cay,Supper Port.using
U •les StOraDs Medi- elec .eau hard NOTICE OT PASSAGE OF Ih•.laeboheIu•slbnI•.-
�,t ody,•f inflruCle0 n 1M ORDINANCE(S) sure.+.chic to ahs request
WOOD aM16D.N es 6FB. 11 submInMg Joe• NO 01+112.OrtinaMON1
O aut.• hr upO .
W
OERN SHEPARD- 9.16 Sng1.11X74514" Irenieallybibe ring ant Cdr Manager to
Cheisnmat Puppies S male s S.t•IW mended.Feer OM SebmilttbN t wk the CAy'f ea te an antersdalent IohymeW Me d..ena.wW
n1MNs aruhabk December (2118)/•7•3707 5.001111 Puelal. Xuwrv•r, lin 11)0 lease apr.. IA km mead 0:00 cimu
CT.
N bidder prefers subminln0 mein between the Ci y el y,,,,,,,,,,,, yaaa b
21 They have 1St 00 www.IA••.Itahe0a.e0y a 0010-Cep)el Me OM,the Corpus Chhtianlub PAM' their proposers n aeq-ee-
1)14,s on SMO.O.for mai wbmwtal shall be relwMd, island Yacht Club IIIYCI yy
female,
males. Trade Items as MlJcted in Me RFS,in 10,.1n Whitecap Blvd. mate must tie returned.
a.ltd f loopp arOd all term 01 when N kern ....Jetta n IM RFP,n
the Outside With 100 bid. August 11.1011 Udomi•July a 00.004 a lope r boa
pup•ies L i y PnO'd Mmnot. 000 10 tr cid wish an ophM Te ked ,fM with
Rn mtampe Iby he C be ye er aakwn.1e nap est andrt ane and
aim.,amid by the eta- ea.t.lOne.th pups.ol:11 '10..11 all RFI number,
• 0 .isllo`�I dried Ire.Mh%,,v,.a00011bnaI I......{ . 6a time
le'.."4"1'4''....-""Meld.P.O dp., ID•IVY SEALE12•UNEXPIRED
yaO W,he.aNrp a1)
Mvwv,oa.puomsMskr. [D Sb1'Sf ALFOaUNEMpIREIT hod lmm•�.Sly loOowlM enol Sl legit by 300 NII: uWjOmt,
ready Delete Christmas. 000ES.13611230.210 M,MILla a dye all,kna at to pNNiS•the oma*.
Corr MIL' !elm le rental
N Noma*. OOba.s Ch
IN LEFT lfl•iM•N11 bw el roMal s(mime.come n" City sl Corpus Christi
Wanted Addressed Ch 1 1 N gross**NM« Leopard.
amen Shun
C11 1C•aru+Chla n.Me.:and4wNCMvf1 11.11eeNT McPusCMNI searcxxere
Other Pelf AIM:Cynthia ,layer Is•.Iter:all U clarifying TO Meet
CASH/TRADE 17."""Ti Carom Chh14 that PITC h re.eM a1)ler Pwta.n 1 Ridden huh n.«
TX..1 �L1Y0ppand tM1)motor. 11+1w03/ take abakand makeil
rwcM+i 405.316 ern 00.1 triMa related wrean•a
-1 .:.(A�,;••_: 1";+uau2 wamni. This d+pewees •YY 111,01,1i ow Ga. yo 01 lucky day!
snot l4M Opp 0 C«pus 01,151,
OLD COINS WANTED By W.AuthorityChristi 01 the City of nd Cion pyiM
CHRISTMAS stand teas
lAd •61./Foreign y CcCur c CAWS Chisti on'oec Crb.Medi.ity Ise.
00010 40 Q i
Uczrigagii
n.V A stand sas onevy,, 10wery•Coe s Prices
s. M GO nm0.ebecc 7. PwcMtkp Menager I,mousymay, r,k�•
L•art..V010'i lqw me.dl. I Pay Colive 1,10O6Iewes Mu.a ledrata /0/Rfbeeca M ceone Nnt
ours fie Wet(1611/06.1016 CASI1(36l)4a6.0.64 IWCM1Np IMMO. Cita ESC.1ary Rafa..tlMrtlaYaKe4am
•
> Ad Proof
eattet,,-Irtntefi callercom
Sales Rep:Georgia Lawson(09190) Phone:(361)886-4307 Email:geotgia.lawson a caller.com
Date: 1114 17 This is a proof ofyour ad scheduled to run on the dates indicated below
Account Number: 172983(CCI8438) Please confirm placement prior to deadline by contacting your account
Company Name:CITY OF CORPI IS CHRISTI rep at(361)886-4307.
Ad Id: 1857962 P.U.Number: Total Cost:5242.50
Contact Name:
Email: Tag Line:NOTICE OF PASSAGE OF ORDINANCE On No
Address:PO BOX 9277.CORPUS CHRISTI.TX.78469-9277 Start Date: 12%1717 Stop Date: 12/17/17
Phone:(361)826-3672 Fax:(000)000-0000 Number of Times: I Class: 16130-1 egals
Publications:CC-Corpus Christi Caller-Times.CC-Internet-caller.com
I agree this ad is accurate and as ordered.
NOTICEe PASSAGE OF
ORDINANCE
On November
mbber 7, 2017,
the
Corpus Christi City Coun-
cil, passed
first read-
ing, an Ordinance
granting
Nueces(NEC),Electric ce
five (Nits successors
and assigns, a non-exclu-
sive franchise to construct,
maintain and operate lines ^ ,
and appurtenances and
appliances for conducting
electricity in, over, under
and through the streets,
avenues, alleys and public
rights-of-way of the City of
Corpus Christi (City); for a
term of approximately ten
(10)years:and in exchange
for which NEC shall pay
the City an amount autho-
rized by Section 33.008(b)
of the Texas Utilities Code,
currently the product of a
factor of $0.002918469 per
kilowatt hour multiplied
by the number of kilowatt
hours of electricity deliv-
ered by NEC, through its
distribution facilities to its
members who receive elec-
tricity from NEC within the
boundary of its Certificat-
ed Area as determined by
the Public Utilities Commis-
sion (known in NEC bylaws
as Class W Members) and
whose consuming facility's
point of delivery is locat-
ed within the City,as such
charge may be revised from
time to time in accordance
with Section 33.008(b)of the
Texas Utilities Code or any
other applicable provision of
law regarding franchise fee
payments.
/s/Rebecca Huerta
City Secretary
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PUBLISHER'S AFFIDAVIT
State of Texas } CITY OF CORPUS CHRISTI
County of Nueces } Ad # 1888319
PO#
Before me. the undersigned, a Notary Public. this day personally camecreOiOOla __aIUSbn • who
being first duly sworn, according to law, says that she is LEGAL SALES REPRESENATIVE AND
EMPLOYEE OF THE PUBLISHER, namely the Corpus Christi Caller-Times, a daily newspaper
published at Corpus Christi in said City and State, generally circulated in Aransas, Bee. Brooks, Duval.
Jim Hogg, Jim Wells, Kleberg, Live Oak, Nueces, Refugio, and San Patricio, Counties, and that the
publication of NOTICE OF PASSAGE OF ORDINANCE NO. 0 which the annexed is a true copy, was
inserted in the Corpus Christi Caller-Times on:
CC-Corpus Christi Caller-Times 01/14/18 Sun
CC-Internet - callercom 01/14/18 Sun
L 1110
LEGAL SAL' REPRESENTATIVE
On thisr�T qday of 141.0 A.-. , 20 I07I certify that the attached document is a true
and exact copy made byy�lisher.
p, P
�. ,: snwnaaeaez Not.ry ublic, State of Texas
My Notary ID it 126819013
Expires Febmary 21,2021
CALLER.COM 1 SUNDAY, JANUARY 14, 2018 0 5E
Legals
NOTICE OF PASSAGE OF
ORDINANCE
NO. 031336, On January 9,
2018,the Corpus Christi City
Council passed, on second
reading, and approved an
Ordinance granting Nuec-
es Electric Cooperative
(NEC), its successors and
assigns, a non-exclusive
franchise to construct,
maintain and operate lines
and appurtenances and
appliances for conducting
electricity in, over, •under
and through the streets,
avenues, alleys and public
rights-of-way of the City of
Corpus Christi (City); for a
term of approximately ten
(10) years; and in exchange
for which NEC shall pay
the City an amount autho-
rized by Section 33.008(b)
of the Texas Utilities Code,
currently the product of a
factor of $0.002918469 per
kilowatt hour multiplied
by the number of kilowatt
hours of electricity deliv-
ered by NEC, through its
distribution facilities to its
members who receive elec-
tricity from NEC within the
boundary of its Certificat-
ed Area as determined by
the Public Utilities Commis-
sion (known in NEC bylaws
as Class W Members) and
whose consuming facility's
point of delivery is locat-
ed within the City, as such
charge may be revised from
time to time in accordance
with Section 33.008(b)of the
Texas Utilities Code or any
other applicable provision of
law regarding franchise fee
payments.
/s/Rebecca Huerta
City Secretary