1998F27-GRANTING A FRANCHISE TO GUADALUPE VALLEY ELECTRIC COOPORATIVE, INC.
ORDINANCE NO. 98-F-27
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, GRANTING A
FRANCHISE TO GUADALUPE VALLEY ELECTRIC COOPERATIVE, INC. TO
FURNISH ELECTRICITY AND ELECTRICAL ENERGY SERVICES, INCLUDING
A FRANCHISE AGREEMENT AND A STREET LIGHTING AGREEMENT, AND
APPROVING THE TERMS AND CONDITIONS THEREOF.
FRANCHISE AGREEMENT
by and between the
CITY OF SCHERTZ, TEXAS
and the
GUADALUPE VALLEY ELECTRIC COOPERA TIVE, INC.
Whereas, the Guadalupe Valley Electric Cooperative, Inc. provides
electric power and energy to its members within and without the City
of Schertz, Texas pursuant to a Franchise Ordinance dated
November 9, 1972 (the "Original Franchise"); and
Whereas, the Guadalupe Valley Electric Cooperative, Inc. provides
street lighting to the City of Schertz, Texas pursuant to a Street
Lighting Agreement dated November 9, 1972; and,
Whereas, the City of Schertz and the Guadalupe Valley Electric
Cooperative, Inc. have had a good relationship under the Original
Franchise and both parties wish to enter into a new Franchise
Agreement, therefore;
The parties to this Franchise Agreement (this "Agreement"),
for the mutual consideration contained herein, do hereby agree:
1
Section 1. The word "Grantor" herein shall denote the City of
Schertz, Texas, and the word "Grantee" herein shall denote
Guadalupe Valley Electric Cooperative, Inc.
Section 2. The Grantor does hereby grant unto the Grantee,
the right, privilege, and franchise to erect, construct, maintain,
operate, use, extend, remove, replace, and repair in, under, upon,
over, and across, and along any and all of the present and future
streets, squares, parks, lanes, and alleys owned or controlled, or
hereafter owned or controlled by the Grantor and over and across
any stream or streams, bridge, or bridges, now or hereafter owned or
controlled by the Grantor, a system of poles, pole lines, transmission
and distribution lines, wires, guys, conduits, and other desirable
instrumentalities and appurtenances necessary or proper for the
purpose of carrying, conducting, conveying, supplying, and selling to
the Grantor and the inhabitants of the City of Schertz or other person
or persons, firms or corporations, whether within or without the City of
Schertz, Texas, electricity and electrical energy for light, heat, power
and for any other purpose for which electricity may be now or
hereafter used; to carry, conduct, supply, and distribute electricity and
electrical energy by means of said poles, pole lines, transmission and
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distribution lines, wires, guys, conduits, or other instrumentalities to
sell and distribute same to the Grantor, the inhabitants of said City of
Schertz, and any other persons, firms or corporations. The rights and
privileges granted to the Grantee in this Agreement shall be limited to
the delivery of electricity and electric energy for light, heat, and power
over the Grantee's electric lines and other facilities. The Grantee
shall be required to obtain separate approval from the Grantor to
provide services other than electricity and electric energy over the
Grantee's electric lines and other facilities located on public rights-of-
way within the City of Schertz.
Section 3. Structures, lines, guys, and other installations shall
be erected as to interfere as little as possible with traffic over streets
and public ways. In the placement of overhead structures, lines and
guys, Grantee will use rear lot line easements and dedicated alleys
when such rear lot line easements and dedicated alleys are available
and have sufficient width to allow access by construction and
maintenance equipment commonly used by Grantee. Grantee will
work with the Grantor to install its facilities in a manner to limit visual
impact to the extent practical when placing facilities in public right-of-
way. Grantor will continue to use its best efforts to support the
3
Grantee's need for easement conditions that do not unduly restrict
Grantee's use of the easement. Grantor will maintain appropriate
ordinances that limit the use of utility easements to uses that do not
substantially interfere with safe and effective operation of the
Grantee's installed facilities. Upon written notification by the Grantee
to the Grantor of an encroachment in a utility easement substantially
interfering with the safe and effective operation of the Grantee's
installed facilities, Grantor will take reasonable action to resolve the
encroachment.
Section 4. The rights, privileges and permits herein granted
shall at all times be subject to the valid ordinances and regulations of
Grantor from time to time in effect.
Section 5. If Grantor, in order to make way for its sewers,
water lines, streets or other public works, shall require any structures,
lines, guys, or other installations of the Grantee to be shifted or
relocated to a new position in a street or other available right-of-way,
such structures, lines, guys, or other installations shall be so shifted
or relocated by the Grantee at the Grantee's expense, as and when
required by the Grantor.
4
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Section 6. In the event Grantee shall through any of its
operations damage, tear up, or injure any street, alley, right-of-way or
public park, it shall promptly repair and restore same to as close to its
previous condition as possible, at the expense of the Grantee.
Section 7. Grantee shall hold the Grantor harmless from all
expense or liability for any act or neglect of Grantee hereunder.
Section 8. To the extent allowed by law, Grantor shall hold
the Grantee harmless from all expense or liability for any act or
neglect of Grantor hereunder.
Section 9. Nothing herein contained shall be construed as
conferring upon the Grantee any exclusive rights or privileges of any
nature whatsoever.
Section 10. The provisions of this Agreement are severable,
and if any section, provision, or part thereof be declared invalid then it
is hereby declared the intent of the parties that the remaining parts of
this Agreement would be adopted, notwithstanding such invalid part
or parts, and the invalidity of any particular section, provision, or part
shall not invalidate this Agreement, unless such invalidation
materially changes the rights or obligations of either party.
5
Section 11. This Agreement shall be in force and effect for a
period of ten (10) years from and after the date which is thirty (30)
days after the date of its final adoption (the "Effective Date"), and so
long thereafter as same is not terminated by written notice given by
either party to the other of not less than two (2) years prior to the date
upon which this Agreement shall terminate and subject to the
following provisions:
a. The City shall have the right to terminate this Agreement
effective on the date that the ownership of the Grantee changes from
its current electric cooperative structure,
b. The City shall have the right to terminate this Agreement in
the event that the Grantee merges its operations with another utility
entity resulting in an increase in its composite base rates by an
amount greater than five (5) percent over a two (2) year period
immediately following the effective date of the merger. The effective
date of Grantor's termination of this Agreement shall be the effective
date of the base rate increase.
c. In the event that state or federal legislation is enacted
changing the electric utility industry to allow parties other than
Grantee to deliver services over Grantee's electric lines and other
6
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facilities located on public rights-of-way within the City of Schertz, the
Grantor shall have the right to terminate this Agreement if the
Grantee does not promptly take all actions legally available to the
Grantee to continue collection of the franchise fee on all customer
charges for power and energy provided by the Grantee or other
parties delivered over the Grantee's electric lines and other facilities
located on public rights-of-way within the City of Schertz.
d. In the event that the Street Lighting Agreement between
the Grantor and Grantee, dated August 18, 1998, and attached
hereto as Exhibit A (the "Street Lighting Agreement"), is terminated,
the Grantor shall have the right to terminate this Agreement.
Section 12. In consideration of the rights granted to Grantee
herein, Grantee, during the term of this Agreement shall pay quarterly
(payable on or before the forty-fifth day after the end of each calendar
quarter) a fee of 2%, of the gross receipts derived from the sale of
electric energy within the city limits of the Grantor during such
calendar quarter. It is agreed that such payment is in addition to any
ad valorem tax or other fee or charge now or hereafter to be
assessed and collected under the authority of the Charter of the
Grantor or under the laws of the State of Texas.
7
Section 13. Grantor reserves the right to require such reports
from Grantee setting out such matters concerning rates charged for
services and revenues earned by reason of the operation of Grantee
in the City of Schertz, Texas, as it may elect, and such reports may
be required at reasonable intervals (but not to exceed more than one
report per fiscal year of operation) as may hereafter be specified by
the City Council of the City of Schertz, Texas.
Section 14. Grantee shall provide personnel to operate all
segments of its business in an efficient and safe manner. Service
personnel shall be stationed in the area of the Grantor to provide
electric service in a prompt and orderly fashion. Grantee agrees to
furnish electrical service to consumers in the City of Schertz in
accordance with approved and accepted standards of the electric
utility industry and the laws of the State of Texas.
Section 15. Grantor and Grantee shall execute the Street
Lighting Agreement concurrently with the execution of this
Agreement. By its execution below, Grantee accepts the ordinance
which authorizes this franchise in accordance with Section 4.09(e)(2)
of the City Charter of the City of Schertz.
8
Section 16.
Grantee commits to work with Grantor to
indentify future opportunities to share access to technology and to
consider opportunities for improved operational and administrative
efficiency of both the Grantee's and Grantor's operations resulting in
economic and operational benefits to the citizens of the City of
Schertz and to all members of the Grantee, to the extent possible
without compromising the Grantee's ability to deliver its services.
Executed this 18th day of Augu
a
Mayor
ATTEST:
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City Secretary
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Lewis orgfeld, Preside
Guadalupe Valley Electric Cooperative, Inc.
ATTEST:
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9
STREET LIGHTING AGREEMENT
by and between the
CITY OF SCHERTZ, TEXAS
and the
GUADALUPE VALLEY ELECTRIC COOPERA TIVE, INC.
This contract and agreement this day executed and entered into by and
between the City of Schertz, a Texas home rule City, of Guadalupe County,
Texas, hereinafter called "City", and Guadalupe Valley Electric Cooperative, Inc.,
a cooperative corporation duly incorporated and existing under the laws of the
State of Texas, with its principal office at Gonzales, in Gonzales County, Texas,
hereinafter called "Cooperative", WITNESSETH:
1. The consideration for this Agreement on the part of the City is the granting of
a franchise to the Cooperative to use the streets, alleys and other public lands
of the City to serve electric povver and energy to its members in the City, and
the consideration on the part of the Cooperative is the furnishing of electric
street lighting according to the terms and conditions hereinafter set out.
2. Unless otherwise herein stated, a street light unit shall mean a 175 watt
Mercury Vapor self-contained package type light, or its equivalent, in all
respects thereof mounted on metal poles (unless wood poles or poles of other
materials are currently in use or requested by the City) of the Cooperative.
3. Street light units shall be installed and maintained by the Cooperative at
various locations in the City. Such lights shall be located primarily on street
corners, within the bounds of the City streets or on City property. Such lights
shall be located for the benefit of the public and in areas which are open to
and frequented by the general public. Lighting of streets shall be provided
1
and mutually agreed by both parties for existing park areas and for any future
park development within the service area of the Cooperative. Additional
street light installations shall be requested by the City Manager (or his
designee) in writing. Such request(s) shall be reasonable and specify the
location of such light or lights to be installed under the terms of this
Agreement.
4. The Cooperative shall not be obliged to provide street lights on private
property. Existing lights installed under private contracts with various persons
or with the City may be absorbed into the street lighting system to be
fumished hereunder and the persons contracting for such lighting shall be
excused from their obligations under such contract, provided that such lights
meet the requirements of this Agreement.
5. Street lights in new subdivisions within the City limits and the annexed areas
of the City shall be installed from time to time pursuant to this Agreement.
Reasonable design standards shall be used in determining locations. The
Cooperative shall not be required to install a street light in any block or area in
which there is not at least one permanent residence or business, nor shall it
be required to erect street lights in areas along highways, roads or streets
unless there is at least one residence or business within a normal city block or
500 feet of such light.
6. If the installation of a different type of street light unit than that described in
paragraph 2 above should be requested by the City, it will be installed and
maintained by the Cooperative upon a cost-sharing basis with the
Cooperative paying the approximate installation cost of the type of light
described in paragraph 2 above at such location. The City shall be billed for
the balance of the cost of such light at such location.
2
7. For lights requested larger than 175 watts, the City shall reimburse the
Cooperative monthly for its delivered cost of power consumed by such light in
excess of the size light described in paragraph 2 above.
8. In the event any area in which street lighting has been placed should no
longer be used, either as business property or residential, to such extent that
street lighting would not be required under the terms of this Agreement, then
the street lights in such area may be removed by the Cooperative.
9. All installations made hereunder shall remain the property of the Cooperative.
1 a.1t is understood that the street lighting being furnished under the terms of this
Agreement is being requested by the City and furnished by the Cooperative in
the manner agreed upon herein. The Cooperative shall be held harmless
from all legal claims and demands against it resulting from the location
(unless the City has requested a location change) and operation of any light
(though not from any negligence in installing or maintaining such light).
11. This Agreement shall remain in force and effect so long as the Franchise
Agreement between the City and the Cooperative, dated August 18, 1998,
shall remain in force and effect. This Agreement shall apply only to sections
of the City served by the Cooperative. The Cooperative reserves the right to
terminate this Agreement if its non-wholesale power revenues are materially
reduced as the result of another entity performing a power delivery function
(Le. distribution, transformation, metering, billing, etc.) in any section of the
City served by the Cooperative. If this Agreement is terminated at any time or
for any reason, all street lighting provided thereafter at the written request of
the City shall be billed to the City at the then existing appropriate tariff or as
otherwise agreed by the Cooperative and the City.
3
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed in duplicate originals by their thereunto duly authorized officers, on this
the 18th day of August, A.D. 1998.
CITY~ t'HERTZ
W/~,~
Hal Baldwin
Mayor
GUADALUPE VALLEY ELECTRIC
COOPERATIVE, INC.
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Lewis orgfeld ~
President
4
PUBLISHER'S AFFIDAVIT
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County of Guadalupe
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THE STATE OF TEXAS,
Before me, the undersigned authority, on this date personally appeared
L A REYNOLDS
known to me, who, being by duly sworn, on
his oath deposes and says that he/she is the Publisher of The Seguin
Gazette-Enterprise, a newspaper published in said county; that a copy
of the within and foregoing AD was published in said news-
paper 2 times before the return day named therein, such publi-
CITY OF SCHERTZ
t' b' th f II . d t AN ORDINANCE
ca Ions elng on e 0 oWing a es: GRANTING A FRAN-
CHISE TO GUADALUPE
VALLEY ELECTRIC CO-
J U L Y 12, 1 998 OPERATIVE, INC. TO
FURNISH ELECTRICITY -~.
AND ELECTRICAL ENER. CITY OF SCHERTZ
GY SERVICES INCLUD- AN O.RDINAI'fCE
J TJT, Y 1 n 1 9 9 R ING A FRANCHISE GRANTIr.G 'A FRAN-
AGREEMENT AND A CHISE TO GUADALUPE
STREET LIGHTING VALLEY ELECTRIC CO-
AGREEMENT, AND AP- OPERATIVE, INC, TO
PROVING THE TERMS FURNISH ELECTRICITY
AND CONDITIONS AND ELECTRICAl ENER-
THEREOF, GY SERVICES, INCLUD-
Approved on first reading the ING A FRANCHISE
7th day of July, 1998 AGREEMENT AND A
and a newspaper copy of which is~Ched~~:aAlthouse,citYsec-3TREET LIGHTING
". _', AGREEMENT, AND AP.
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,--~ -::S-~ Approved on ~ rMdingthe
J 7th day of July, 1998,
Nonna Mhouse, City Sec-
retary,
Sworn to and subscribed before me, thiSllth day of JULY
19~.
A.D.,
?::~';"/f'~;~~,~\,I'i,
P -,,\ SARAH MEDRANO
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Notary Public, Guadalupe County, Texas
PUBLISHER'S AFFIDAVIT
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County of Guadalupe
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THE STATE OF TEXAS,
Before me, the undersigned authority, on this date personally appeared
L A REYNOLDS
known to me, who, being by duly sworn, on
his oath deposes and says that he/she is the Publisher of The Seguin
Gazette-Enterprise, a newspaper published in said county; that a copy
of the within and foregoing AD was published in said news-
paper 2 times before the return day named therein, such publi-
CITY OF SCHERTZ
t' b' th f II . d t AN ORDINANCE
ca Ions elng on e 0 oWing a es: GRANTING A FRAN-
CHISE TO GUADALUPE
VALLEY ELECTRIC co-
OPERATIVE, INC, TO
FURNISH ELECTRICITY _~u
AND ELECTRICAL ENER- CITY OF SCHERTZ
GY SERVICES, INCLUD- AN ORDINANCE
ING A FRANCHISE GRANTIr.G 'A FRAN-
AGREEMENT AND A CHISE TO GUADALUPE
STREET LIGHTING VALLEY ELECTRIC CO-
AGREEMENT, AND AP- OPERATIVE, INC, TO
PROVING THE TERMS FURNISH ELECTRICITY
AND CONDITIONS AND ELECTRfCAL ENER-
THEREOF, GY SERVICES, INCLUD-
Approved on first reading the ING A FRANCHISE
7th day of July, 1998 AGREEMENT AND A
and a newspaper copy of which is .heretQ__~aChed~~:a Althouse, CitY Sec- STREET LIGHTING
~__, AGREEMENT, AND AP-
PROVfNG THE TERMS
AND CONDITIONS
THEREOF.
Approved on ~ rMding the
7th day of July, 1998,
Nonna Ahhouse, City Sec.
retary ,
JULY
12,
1998
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Sworn to and subscribed before me, thiSllth day of JULY
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A.D.,
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f.'> -':\, SARAH MEDRANO
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Notary Public, Guadalupe County, Texas
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PUBLISHER'S AFFIDAVIT
THE STATE Of TEXAS,
County of Guadalupe
Before me, the undersigned authority, on this date personally appeared
L A REYNOLDS
known to me, who, being by duly sworn, on
his oath deposes and says that he/she is the Publisher of The Seguin
Gazette-Enterprise, a newspaper published in said county; that a copy
of the within and foregoing AD W2S published in said news-
paper 3 times before the return day n2med therein, such publi-
cations being on the following dates:
AUGUST 23, 1998
AUGUST 27, 1998- W"'-{ ~",,-eAJ
ATlGW;T -10 1998
and a newspaper copy of which is_he[~t.? attached.
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Sworn to and subscribed before me, this1st day OfsEPTEMBER AD.,
19.3lL.
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,>, *,. r" \ SARAH M!;DRANO
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Notary Public, Guadalupe County, Texas
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PUBLISHER'S AFFIDAVIT
THE STATE OF TEXAS,
County of Guadalupe
Before me, the undersigned authority, on this date personally appeared
L A REYNOLDS
known to me, who, being by duly sworn, on
his oath deposes and says that he/she is the Publisher of The Seguin
Gazette-Enterprise, a newspaper published in said county; that a copy
of the within and foregoing AD was published in said news-
paper 3 times before the return day named therein, such publi-
cations being on the following dates:
AUGUST 23, 1998
AUGUST 27, 1998- %, ~A.)
ATl"TlST -10 1998
and a newspaper copy or which is-b.e@to attached.
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Sworn to and subscribed before me, this1st day OfsEPTEMBER AD.,
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Notary Public, Guadalupe County, Texas
- hereaner used; to carry. Section--'6. In the event ---.. ,.
conduct. supply, and distrib- Grantee shall throu h an of era!lons with. ano.ther utl~lty
ute electncity and electrical its operafoons da 9 t Y entity resulting In an In-
mage, ear up, . ;0 't b
energy by ~eans of said or injure any street, alley, crease In 115 compos. e ase
ORDINANCE NO. 98-F-27 p?'es, pole. Iin~s, . transmis. rigt1-d-way or pl...tU: park, it shaI rates ~y an amount greater
BY THE CITY COUNCIL OF sl~m and dlstnbutlon lines. promptly repair and restore than five (5) perc?nl ~ver a
THE CITY OF SCHERTZ, wires, guys, conduits or same tu as cia t "I two (2) year penod .mme-
TEXAS GRANTING A other instrumentahties' to previous condition se o,t>les diately following the effective
FRANCHISE TO GUADA- sell and distribute same to attheexpenseoftha:~r:~ee: dat~ of the merger. The ef-
LUPE VALLEY ELECTRIC the ~ran~or, the inhabitants Section 7. Grantee shall f~lv~ date of .Grantor's ter-
COOPERATIVE, INC. TO of saId City of Schertz, and hold the Grantor harmless mmatlon of this -:,greement
FUR-NISH ELECTRICITY any other persons, firms or from all expense or liab'!'!) shall be the effective date of
AND ELECTRICAL ENERGY corporations. The rights and for any act or neglect I ~1 the base rate increase.
SER-VICES, INCLUDING A pnvileges granted to the Grantee hereunder c. In the event that state or
FRANCHISE AGREEMENT Grantee ~n. this Agreement Section 8. To the 'extent al- federa! legislation is .enac!~
AND A STREET LIGHTING shall be IIm~~ to the deliv- lowed by law, Grantor shall ~hangmg the electn~ utility
AGREEMENT, AND AP- ery of electncity and electric hold the Grantee harmless Industry to allow parties oth-
PROVING THE TERMS AND energy for light, heat, and from all expense or liability er than Grantee to deliver
CONDITIONS THEREOF. powe~ ~ver the Grantee's for any act or neglect of ~rvices over Gra~~'s electric
FRANCHISE AGREEMENT e!ectnc lines and other facil- Grantor hereunder. lines and other faCilities located
by and between the Itles., The Grant~e shall be Section 9. Nothing herein ~plbIicrttrts-oi-waywithinthe
CrTY OF SCHERTZ, TEXAS reqUIred to obtam separate contained shall be construed City of Schertz, the Grantor shall
and the GUADALUPE appr?val from the Grantor to as conferring upon the Gran- have the right to terminate
V ALLEY ELECTRIC prOVide services other than .. this Agreement if the Gran-
COOPERATIVE, INC. electricity and electric ener- te~ any exclUSIve nghts or tee does not promptly take
Whereas, the Guadalupe gy over the Grantee's elec- prhlvleges of any nature all actions legally available
Valley Electric Cooperative, tric lines and other facilities w at.soever. . . to the Grantee to continue
Inc. provides electric power located on public rights-of- ~ctIO; lOA The prOVISions collection of the franchise
and energy to its members way within the City of Schertz. 0 t IS gre~ment are fee on all customer charges
within and without the City of Section 3. Structures, lines, ~everable.' . and if any sec. for power and energy pro-
Schertz, Texas pursuant to a guys, and other installations tlon, prOVISion,. or ~art th~r~~ vided by the Grantee or other
Franchise Ordinance dated shall be erected as to inter. of be declared Invalid thf:n it IS parties delivered over the
November 9, 1972 (the fere as little as possible with hereby dec.lared the rntent Grantee's eIecbic Ines and other
"Original Franchise"); and traffic over streets and pub. of ,,~e parties tha~ the re- facilities located on public
Whereas, the Guadalupe lie ways. In the placement malnlng parts of thiS Agree- rights-of-way within the City of
Valley Electric Cooperative, of overhead structures, lines ~nt wo~ld be ad?pte~, not- Schertz.
Inc. provides street lighting and guys, Grantee will use Withstanding such.rnva!l~ part d. In the event that the Street
to the City of Schertz, Texas rear lot line easements and or parts, an~ the Invalidity of LigltilgAgreementbetweenthe
pursuant to a Street Lighting dedicated alleys when such any. . particular section, Grantor and Grantee, dated
Agreement dated November 9, rear lot line easements and provl~lon, or.part shall not August 18, 1998, and attached
1972; and, Whereas, the City dedicated alleys are avail. rnvalldate thiS ~gre~me:nt, hereto as Exhibit A (the -Street
of Schertz and the Gua. able and have sufficient unles~ such rnvalld~tIon Lighting Agreement-), is
dalupe Valley Electric Co. width to allow access by mater~ally' change~ the fights terminated, the Grantor shall
operative, Inc. have had a construction and main- oro~lIgatlonso!8Itherparty. have the righttotenninate this
good relationship under the tenance equipment com- Section 1.1. ThiS Agreement Agreement.
On,ginal Franchise and both monly used by Grantee. shall be .In force and effect Section 12. In consideration
parties wish to enter into a Grantee wilt work with the for a penod of ten (10) years of the rights granted to
new Franchise Agreement, Grantor to install its facilities fro~ ~nd. after the date Grantee herein, Grantee,
therefore; in a manner to limit visual which IS thirty .(30) days af-
The parties to this Franchi8e i~ to the extent practical ter the dat~ of its, final aoop-
A9reement (this "Agree-whenplaclngfacilltioslnpulllkl tlOn (the EffectlVa Dete),
ment"), for the mutual (X)rtoo,right-of-way. Grantor will and so long thereafter as
stderation contained hereln"contlnuetouseltsbestefforts same Is ':"" ~rmlnat~ by
do hereby agree: 'to support the Grantee's need written notICe given by either
Section 1. The word "Grar>- for _mal II condIIons that do party to the olher 01 not lass
tor" herein shall _ "",1.nollRUy_Grarloe'suoe than - (2) _ prior to
City 01 Schel1z. Texas, and 101 the easement Grantorwlll the data upon which thiS
the word -Grantee- hereinjmalntain appropriate ordi- ~re:=t :::' t~:~te
shaI_ GlJlICloq)a VriIBy nanoes that limn the uoe 01 provisions' e WIng
EIaclrIc Cooc>aretNe. Inc. :utllity aasements to uses a The City' hell h the
Section 2. The Grantor does that do not substantl8lty in~ : s . ave .
hereby grant unto the Gran- terfere with safe and .effec- nght to terminate thiS
tee, the right, pri";........, and live operation of the Gran- Agreement effective o~ the
1 nch' t ract'-.r-nst t' I t II d 1 'I"' date that tho ownershIp of
ra I~ 0 e ,co ruct, ee 8 ns a e ael "Ies. the Grantee changes from
maintain, operate, use, ex- Upon written notification by its current electric coopera-
tend, remove, replace, and the Grantee to the Grantor of t1ve structure
repeand ir in, Undendr, upon, over, an encro&Chmeb8tnt ntIin ally utility ,b The City' shall have the
across, a along any easement su a a in-': ..
and all of the present and fu- terfering with the am. and. fight to terminate thiS
luIe streets, squares, par1<s, effective opalOtlon of the Agreement In the avant that
IanM, II/ld allays owned or G_'s Installed _, the Grentae merges Its op-
controllad, or hereafter G..- will taka reasonable
owned or cO"bollad by the action to resolve the en-
GrenIDr and"..,.and _ croachment.
snv-.n~ SacIion 4. The rig",", prMlages
(X'br;dges.' ~ or ........ and permits. herein
owned or cll!llllro11ad 'by" 'Ihi! granted shall st all times be
~~= ~~= :nd~~l~~~n~rd~f
dIsIrfbulIon~, ""'" Granullan fmetJ fme.. sIIecX
...-. W1d ,,'- SectIon S. " Grantor, in or-
I~ ..... dar to maka way for its
Ior~ I1IC8I8Bry or propel sewers, water lines, streets
,lor ,,,* _ 01 I:anyIag, or other public works, shall
,conilucllng, ~ _ ~Illany structures, lines,
~, and selling to ttIl! g~r Installations of
- and the .._ the to be shifted or
01 the CI1y 01 Schertz or 0Ih, re to a new position
sr person or persons, flrmsif'a Stf8et or other available
or ,corporations, whether right-of-way, such struc-
within or _ the CIty 01 tures, lines, guys or other
Schertz, Texas, alectricity installations shail be so
and electrical anergy lor shifted or relocated by the
light, -. _ and lor any GlOntaa at the Grentea's ex-
other purpose for which perI88, as and when required
eIectrfcity may be now or by the Grantor.
110 Legal Notrces
during the term of this
Agreement shall pay quar-
terly (payable on or before
the forty-fifth day after the
end of each calendar quar+
ter) a fee of 2% of the. gross
receipts derived from the
sale of electric energy within
the city limits of the Grantor
during such calendar quarter.
It is agreed that such payment
is in addition to any ad
valorem tax or other fee or
charge now or hereafter to be
assessed and collected under
the authority of the Charter of
the Grantor or under the laws
of the State of Texas.
Section 13. Grantor reserves
the right to require such
reports from Grantee setting out
such matters conceming rates
charged for services and
revenues earned by reason of
the operation of Grantee in the
City of Schertz. Texas, as n may
elect, and such reports may
be required at reasonable
intervals (but not to exceed
more than one report per
fiscal year of operation) as
may hereafter be specified
by the City Council of the
City of Schertz, Texas.
Section 14. Grantee shalt
provide personnel to operate
all segments of its business in
an efficient and safe manner.
Service personnel shall be
stationed in the area of the
Grantor to provide electric
service in a prompt and orderly
fashion. Grantee agrees to
furnish electrical service to
consumers in the City of
Schertz in accordance with
approved and accepted
standards of the electric utility I
Industry and the laws of the
State of texas.
Section 15. Grantor and
Grantee shall execute the
Street lighting Agreement
concurrently with the execu-
tion of this Agreement. By
its execution below, Grantee
accepts the ordinance which
authorizes this franchise in
accordance with Section
4,09(0)(2) of the City Chart,
er of the City of Schertz.
Section 16. Grantee commits
to work with Grantor to identify
future opportunities to share
access to technology and to
consider opportunities for
improved operational and
administrative efficiency of
both the Grantee's and
Grantor's operations resuhing
in economic and operational
benefits to the citizens of the
City of Schertz and to all
members of the Grantee, to the
extent possible without
compromising the Grantee's
ability to deliver its services.
Executed this 18th day of
August, 1998.
Mayor Hal Baldwin
ATTEST: Norma Ahhouse
City Secretary
Lewis Borgfeld, President
Guadalupe Valley Electric
Cooperative, Inc.
ATTEST:
Robert A. Young, Jr., Secretary
Guadalupe Valley Electric
Cooperative, Inc.
STREET LIGHTING
AGREEMENT
by and between the
CITY OF SCHERlZ,
TEXAS and the
GUADALUPE VALLEY
''''''''.''-~'':''''''
I
-'-","'~'....'!o:"'f;,:~i.~.'
PUBLISHER'S AFFIDAVIT
THE STATE Of TEXAS,
County of Guadalupe
Before me, the undersigned authority, on this date personally appeared
L A REYNOLDS
known to me, who, being by duly sworn, on
his oath deposes and says that he/she is the Publisher of The Seguin
Gazette-Enterprise, a newspaper published in said county; that a copy
of the within and foregoing AD W2S published in said news-
paper 3 times berore the return day n2med therein, such publi-
cations being on the following dates:
AUGUST 23, 1998
AUGUST 27, 1998 - ~~ ~~J
ATl(;TlST .10 1998
and a newspaper copy or which is..be@!o attached.
----------~~~
,
<~-j
r._ ~ _
- ~ .
--_ - -r
'., '-----.
----
Sworn to and subscribed before me, this1st day of';EPTEMBER A.D.,
1 9.!l..lL.
,............."\,,
./.~:..\iI..... PU,"'I
I..o''":'---'-( 'I
i .;*. . . {\ SARAH"1i;DRANO
h . !.I """"""'SlalodToos
\ \, ,i J MyCommlsskJnElCn07.a2.200t
,~r.i;." '~~l-~
III'~",~~".,I.......".._-
~
Notary Public, Guadalupe County, Texas
1
and other facilities located on Guadalupe Yaney el8CiriC under such contract, provid-
Section 6. In the event I h tth
Grantee shall through any of public rights-of-way within Cooperative, 1lC. ad that such lig Is m:e e
d t ar the CIt... of Schertz. ATTEST: requirements of this gree-
its operations amage, e "T Robert 'A. Young, Jr., Seera- meot.
up, or injure any street, d.lntheeventthattheStreet tary 5. Streetlights in newsutdi-
c ORDINANCE NO. ~.>>' electricity musa:/,:o n:~~ alley, right-of-way or public Lighting Agreement bet- Guadalupe Valley Electric visions within Ihe City lim,ts
BY THE CITY CQllll/'CIL hereafter 'anddistrib- par1<,itshallpromptlyrepalr ween the Grantor and Cooperative, Inc. and the annexed areas at ".e
OF THE CITY OF conduct, SUPP~~d electrical and reslore same to as Grantee, dated August 18, STREET LIGHTING City shall be installed hoc"
SCHERTZ, TEXAS ute electncitymeans of said close to its previous, 1998, and attached hereto as AGREEMENT time to time pursuant to this
GRANTING A FRAN- energy by. ansmls- condition as possible, at Exhibit A (the "Street by and between the Agreement. Reason", 'lJ
CHISE TO GUADALUPE poles, podled'lS"ntne~~t~n lines, the expense of the Grantee. Lighting Agreement"), is CITY OF SCHERTZ, design standards shall "e
VALLEY ELECTRIC Co.- Sl?n an s conduits, or Section 7, Grantee shall, \emlinaled, theGrantors~1 TEXAS used in determining ioea-
OPERATIVE, INC. TO Wires, ,guy. otalities to hold the Grantor har:ml!~ \ have the right to tennlns e and the lions. The Cooperative shall
FURNISH ELECTRICITY other Instrum:re same to from all expense or liability, this Agreement,. . GUADALUPE VALLEY not be required 10 install a
AND ELECTRICAL ENER- sell and dlst~~e inhabitants for any act or neglect of Section 12. In consideration ELECTRIC street light in any block or
GY SERVICES, INCLUD- the ~ran~or, f Schertz, and Grantee hereunder. of the rights granted to COOPERATIVE, INC. area in which there is not at
ING A FRANCHISE of said City 0 finms or Section 8. To Ihe extent al- Grantee herein, Grantee, This contract and least one permanent resi-
AGREEMENT AND A any oth~~~sri9hIS and lowed by law, Grantor shall during the term of thiS agreement this day dence or business, nor shall
STREET LIGHTING co.rpora . ,anted to Ihe hold the Grantee hanmless Agreement shell pay quar- executed and entered into by it be required to erecl street
AGREEMENT, AND AP- pnvlleges g from all expense or liability terly (payable on or before and between the Ctty of lights in areas along high-
PROVING THE TERMS Grantee in this Agreemenl for any act or neglect of the farly-fifth day after the Schertz, a Texas home rule ways, roads or slreets un-
AND CONDITIONS shell be limited to the deliv, Grantor hereunder. ,end of each calendar quar- City, of Guadalupe County, less there is al ieast one
THEREOF. ery of electricity and electric Section 9. Nothing herelO ter) a fee of 2% of the gross Texas, hereinafter called residence or business wIIhin
FRANCHISE energy for light, heat, and contained shall be con- receipts denved from the "City", and Guadalupe a nonmal city block or 500
AGREEMENT power over the Grantee's strued as conferring upon the sale of electric energy withl~ Valley Electric Cooperative, feet of such light.
bV and _n the electric lines and other faci~ Grantee any exclusove nghts the city limns olthe Granto Inc" a cooperative 6. I! the installation of a dif-
CITY OF SCHERTZ, ities The Grantee shall be or privileges of any nature during such calendar quar- corporation duly in- lerent type of streetlight unit
TEXAS req~ired to obtain separate whatsoever, . . ter. It is. agreed that such corporated and existing un- than that dascribed in para-
and the approval from the Grantor to Section 10. The proVISions payment IS., addilion to any der the laws ofthe State of graph 2 above should be re-
GUADALUPE VALLEY provideservioesotherthan of this Agreement are adValoremtaxorotherfee Texas, wllh ns principal of- questedbylheCity,itwillbe
ELECTRIC electricity and electric ener- severable, and if any sec- or cherge now or hereafter fice at Gonzales, in Gen- installed and maintained by
COOPERATIVE. INC. gyovertheGrantee'selec- tion,provision,orpartthere- to be assessed and _County.Texas,~- the Cooperative upon a
Whereas, the Guadal_ tric lines and other facilllies of be dadared invalid then collected.. :01':.-= nafter oalIod "Cocperatove, cost-sha, ring _ with the
Veley Electric CooperatIve, located on public rights-of- · il~dedBnod"_ 01,_.. _01....... WITNESSETH: . Co-operative paying the
Inc.providaIlelectricpower I way wllhin the City of of the padIes _ the re- orw_ , 1. TheOOl'lllidarationforthis approximate._oost
and -.-gy to .. """,,,"rs Schertz. mainlng parts 0I1his Agree-. 01 Texas. I Agr""""" on Ihe part oIlhel' of the type of light deecribed
wilhInandwllhoullheCity Sectlon 3. Structures, lines, ment - be adopted, ~ 13. Grwllor,.., CltyIiIhejjl'8nllngolafran- . C2_atsuch
of Schertz, Texas pursuant guys, and other il18l8llations not-wllhelanding -'" _ the rigIII to __I chlse to theCocperative to, :::':""~City shall be
to a Franchise Ordinance shall be erecfed as to inter- Invalidpartorparts,andthe _ 1lIpOr1B "- Gnontee, use ttie~. ~ aifc;!' _~lhebalanceofthe
- -.ar9, 11172 (lie lera ae little ae poeeib/e wilh invalidity of any ~ -.g out such matters other ~1lr1dIi of... ()if, COlt of such light at such 10-
"OriglnaIFranchise");and trafftcoverst_andpub-, seclfon, provision, or 11M' ...._...,g_chaJgedfor toserveel8clrll:~anct' cation .
-, the Guadalllpe 110 ways. In the placement shall not inval~,~' MrYIcee and revenues anergytoi!e_1n1he 7 For'lightSrequested larg-
Veley ElectrIc CoopenoIIv., of_ structures. linea, Aw-nent, -... 1ft. _ by 1881IO<1 of the OJ>' City, and, the consi_, . then 175 watts, the City
Inc. provides street IighIlng and guys, Grantee wiY -; velidalfor1.materialy "'*'t _ of GIlII'1Iee it ~ ay on the part of the Coopers", :~all reimburse the Coop.,
to the Cllyof Schertz, T_ rear 101 line aasementund: es the rights or <.l:IJ....., of Schertz, T_,aenmay tiyeislhefumlehingof", t' emonthlyfaritsdaliv-
pursuant to a SIraellJltMnl dedicated aIIeya when sucIl. of either party: ' elect, and such reports may tric street lighting according era ~v cost of power con-
Agreement dated , raar lot line aaaernants and Section 11. ThIS A9l_....11j be required at reasonable to the tenms and condRions ::med by such light in ex-
November 9, 1972; and, I dadicatedalleya are avail-. ...._........_a~ _rvals(bulnottoexceed herainafter set out. . ess of the size light de-
Whereas, the City of able and, have s_ lor a poMd aI ... ~ more then one I'llP?rt per 2. Unless otherwise heret,n c 'b d in paragraph 2
Schertz and the Gua- width to allow access by vo-............ fiscal veer of operaliOn) as _ed, a street light unn s: e
daIupe Valley Eleclric Co- construction and, main- which Is thirty (30) dav& 11I- may hereafter be ":""'"fled shaH mean a 175 ,wall Mer- : I~~he event any area in
operative, Inc. have had a tenance equipment com- lerthe_0I1a_8dop- by the City Council of the CUI)' Vlipor setf-conta.,ed 'h' h street lighting has
goodralationshipunderthe manly uaed by Grantee. lion (the"E_ ~). City of Schertz, Texas. package type light, or ns ;:;:'placedshouldnolong-
Original Franchiseandbolh Grantee will wor1< wnh.the and so:' long l!Ienlafter "" ~ 14. G.- - ........"., In al ,-*. er be used, either ae buIl~
partias wish to enter Into a Grantor to install ilslacillties same IS not tenninated by proVIde personnel to lharecllmounted on meW, propertyorfll'( IAiloI
new Franchise Agreement, in a manner to limn visual written notice given by either operate all seg- of i!e patae (........ WQOd poise ~l ::":UCh e_ thet _i
therefora; . ,impact to the ext~nt party to the other of nclleae buIlinees in an ~ and .... or ClIher ma_..; Ii hti wWd ncI be re-
ThepertiestothisFranchise practioal when plaCing then two (2) - prIofto safe manner. ~ ..-...yln...-orrequaslai:l i g.,:: und/ll'''' _ of
Agreement {this 'Agree- _it jllJlIic ril1t-ol-way. the date upon which", persohoel_bot , ,. ..,..CIty)oIthe~ qUI
ment"}, for the mutual con- Grantor will contlnue to use Agllllll1'lenl - - it the area of the ~ It.... ' ' . 1 this Agraern&lll, .... the
.- ~ harein, iIs best efforts to support Ihe , and subjeclto the folloWIng pIOYida eIecIIic __In a 3. 9InolII1Ight units shallle' street lights In -. area
do hereby agree: Grantee's need for provIeions: ' " pIIlmpl and ClIdet1y~. Instefted and main_, may be remCl'ftld by the Co-
Section 1. The word "Gran- easement COndnions that a-. The ay ... have ~ ' G..- ....I!) I\lmIsh by the Cooperative at operative.
tor' herein shall danote the do not unduly restrict right to terminate th18 s,. II...... ... ,to various locations in the g. All 1.-aatIons made
Ctty of Schertz, T_, and Grantee's use of the Agreement _iva on the ~ In \lie ay of, City, 'Such Ights shaH bot _lIhaII remain .the
.. - "Grantee" herein easement. Grantor will dale th8t the ownership 01 Schertz'ln _lI'dallc:& WIlh ,1ocaIed primarily on street property of the Cooperalive.
__.........'P"VaI- rnaWUln appropriate ord~ the Grantee chengee "- and accepted icomara, within the bounds 10. ttisunde_thalthe
lay Electric Cooperative, nanceethallimiltheuseof nscunenteleclricooopera- ::: 'of the of the Ctty_oron City strael IifIhling being fur-
Ine. utility easements to uses tiva structura, IecIric utility industry and property. Such lights shaft nished under tha tenns 01
.-... 2. The GranIor does 1 that do not substantially in- b. The CIty ~ have .. ~he laws of the State of be IocaIed for the benefit this Agreement is being re-
haNbvtpW1lunlotheGran- ter!erewnh safe and eftec- 'right to tennlnate 1his Texas. of ,the . ~ quested by the City &n? fu!-
.. the right, privilege, and tlve operetion of the .~~ ! Agraemant In Ihe evantthet SecIion 15_ Grantor and and In areas which are _byIhtCooperaliva.,
..odtlse to eracI, ...-. tee's Installed facilities. the Grantee marges iIs OJ>' Grantee shall execute the open to and frequanled'" Iht manniIr agreed upon
-, operate, use, ex- Upon written notification by 8iatlons with .~t utIrity Street lighting Agreement the, general pubic. UghIlng haowIn, The Cooperatlv.!...
-. .-e, replace, and the Grantee to the Gre~or enlity resuIIIng In an In- concurrently with the ,xecu- of straeI8 shaD be ~ shaft be'heId hanmless from
rwpaIrln,under, upon, over, ofan~""o.ch"tenllnaulilily aeaeelnilsOOl,lpCllIilebase tionofthisAgreement. By and, mutua/ly a~reed by all legal claims and de-
and -, and along any easement substantially In- rates by an amounI greater its exsaJtionbelow, GIlII'1Iee bolhpertieslor_ngpark _ egeinst n resulting
and II oIb present and Ill- ter!ering with the sale and than ftva (5) peICenIover a, accspIs the ordinance which ' _ and for &rr11Uu18 park _... _ (unless the
lure streets, equaree, paries, effective operation of ,the two (2) veer peltod ~! authorizes this lninchise in davelopment within the City has requested a ioca.
Ianee, and alleys owned or Grantee's installed facilities, cIsIIIr 1cIIowIng"" _ accordance with Sll(;\ion, senrice area ~ the Coop- lion change) and operation
controlled, or hereafter Grantor w1l1_ reasonable _ 01 the merger. The aI- 4 09(e)(2) of the Ctty Chart- 'erativa, AddItional -, 01 &nl' light (tho~gh not
owned or controlled by the action to resolve the en- _ _ of GnInIor'sler- e~ of the City ,of Schertz. ~ IIghl,1nstaIIalIOns IIhal lie from ,anv negligence In
Grantor and over and I croachment.. . . ,'mInalion, . of this Ag ........... Section' 16, Gran, ,tee, com- req, _,by, the?iIy, Man- i,lnahllllng or m,ainlaining
acrose any stream or Section 4. The "l1hts, pl1Vl-' shalbethe efIectiva_of mils to work with G"",\",1o !agar (or ~ daaogft8!1"'1 such IIght).11. This
streama, bridga.,or bridges, leges and permitS herein I 'ttie base rate _. identify lUlu", ,OPPOrIUilltl8e ~ Such requll\ll(a) , Agreement _ remain In
.- or IleraaIIeo owned or granted shallat all ~ be c. In the event __e or I to...... _Io~ .,.. k JI"lIn__ and force and effelCt so
oo."~Ilf~GIII!"'or,~, subject to the valid 0"'" _legiIIIaIionioenacfed andtocOnilder~ speciIv~locaIIonolsuch lonrIas ,\tit ,Franchisa
system oIpoiIl!-.:Il1""", 1 nances and ~ulalions ~ changing the alec:lric utHIty :le8for I~""_, light or Iigh1s to be inIIsIed . N.1tenlbelwMllthe CIty
........... _.CllIillIb!t-l Grantor from time to tima it ,lndI.elryto_pertiesofh. tionalandadmlnis\l:lllivle",,"l\under the terma 01 this ;.:...CollpiM.....;daIed
lion -. -, guys, con- I effect. .... then Grantae to daIivar fIcIeney 01 lM;lIh the 6QIn-, A 9 r e e men t , m ~-'--- ,_
dulIa,andohrdeel'_In-! SectionS. I! Grantor ",,1110<,- services ,over Grantee's tee's and Grant' 0(8, ","""*",1' 4'TheCooperalive, 'shsI naI August .18; 1998, sha~,:-
strun_. ""and8ll!l!'fle" dar to make way for i!e eleclriciMaand_facl~ lionsresultinglnllQ!ll1qlTllc beollllgedtoprovida_ ma., 10 f~ ~t I'
nancee.-.v or proper -, WIlIer.... - Itiee IocaIed on public righIa- apaIaticlIlaJ ~ to Iigh1s on private~. This ~ent , app V
lor the purpose of carrying, or ather pubHc woIt<a. shall of-way within the CiIV aI ::'citiZeris of \I\jl-~ "'1 ~ lights inslalIalt,.... orq ,10 SectIOnS of the ?Ity
conducting, conveying, sup- require any structuree, 1Inee, Schertz. the Grantor - Sctl\IIltz and to eJI'lilembers der, p1vate contracts'" served by the CooperatIVe.
plying, and selling 10 the. guys,or_lnstaIIalionsof havetherighttote__ Grantee,\Olhellld&iti vanou.plIIlICllI8orwith.. The Cooperative.reserv~s
Grantorandthe_! theGranteetobeehlfte:<lor thIs~.theQrM. :~ wIthOut co"""""l Cliy""",'beallilorbedlnlo the nghtto.rennlnate thiS
of the CiIV aI ScI1ertz or ofh. relocated to a new poeilion . _ not JlI'IlfIIPIIy IIIIIa mIiIng the Gra/llte's abItty.' the _1IghIIng system to i Agreement. its non-whole-
erpersonorpersons.ftnns ina_orother"""- alactlonelegallyava_ 10 deliver I!lI sar,i_. ,be~_andl saJe~r revenues are
or corporations, whethar right-of-way, such struc- to the Grantee to contlnue E..uled this 18th day of the penClIlII contracIIn9 fori materially reduced !'" the
within or wIIhoul the City of turae, linea, guys, or other collection 01 the - .'--'1fil91l MlIp sucIl iIghIing ehaII be ex., resullofanotherenlilyper-
Schertz, Te_, sIectrIciIy Installetlone shaY be so feeonallcustomerchargee ATIiiST: ~"-_obIi,lalIco.! fanning, a ~~ivary
and electrical energy far .- or relocated by the for powei- and -.-gy pro- City Secratary 'function (I.~. dIstribution,
~-'_andforany G...-at1heGraJUe'sex-, vldedby..GNnla8orofh.llAilIIellaoglllkl, t~a~sformatlon, metenng,
other purpose for which pense, as and when er ~ dslt .(U over F...-.. biN,ng, etc.) In any section 01
requinld by the Grantor. the GnnM'a ........ linea
110 LPfl-" ~J(\'lces
-
11 0 Leg,1 ~iotlCes
the City served by the Co-
operative. If this Ag~ment
is terminated at any time or
for any reaSon, all street
lighting provided thereafter
at thE' written request of the
Cly.;hall be billed to the
ci;y :tl the then existing ap-
...\" upriate tariff or as other-
wise agreed by the Ca<;>p-
erative and the. CIty.
IN WITNESS WHEREOF,
the parties have caused
this Agreement to be
executed in duplic,!!e
originals by their
~ereumodu~a~horizedo~
ficers, on this the 18th day
of August, 1998. C I T Y
OF SCHERTZ
Hal Baldwin
Mayor
GUADALUPE VALLEY
ELECTRIC
COOPERATIVE, INC.
Lewis Bergfeld
President
ATTEST:
Robert A. Young, Jr.
Secretary