ORDINANCE NO. 276
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FRANCHISE ORDINANCE 4t:; 7 (;
AN ORDINANCE GRANTING TO GUADALUPE VALLEY ELECTRIC COOPERATIVE, INC" THE
RIGHT, PRIVILEGE, AND FRANCHISE TO ERECT, CONSTRUCT, MAINTAIN, OPERATE, USE, EXTEND,
REMOVE, REPLACE, AND REPAIR IN, UNDER, UPON, OVER, ACROSS, AND ALONG ANY AND ALL OF
THE PRESENT AND FUTURE STREETS, SQUARES, PARKS, LANES, AND ALLEYS OF THE CITY OF
SCHERTZ, TEXAS, AND OVER AND ACROSS ANY STREAM OR STREAMS, BRIDGE OR BRIDGES, NOW
OR HEREAFTER OWNED OR CONTROLLED BY IT, A SYSTEM OF POLES, POLE LINES, TRANSMISSION
AND DISTRIBUTION LINES, WIRES, GUYS, CONDUITS, AND OTHER DESIRABLE INSTRUMENTALITIES
AND APPURTENANCES NECESSARY OR PROPER FOR THE SUPPLY AND DISTRIBUTION OF ELECTRICITY
FOR LIGHT, POWER, AND HEAT, AND FOR ANY OTHER PURPOSE FOR WHICH ELECTRICITY MAY BE
USED, TO THE MUNICIPALITY AND INHABITANTS OF SAID CITY OF SCHERTZ, OR ANY OTHER
PERSON OR PERSONS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
Section 1. The word "Grantor" herein shall denote the City of Schertz, Texas,
and the word "Grantee" herein shall denote Guad~lupe Valley Electric Cooperative, Inc.
Section 2. The City of Schertz does hereby grant unto the said 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 City of Schertz and over and across any stream
or streams, bridge, or bridges, now or hereafter owned or controlled by it, 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 in-
habitants thereof 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 distribution lines, conduits, or other
instrumentalities and to sell and distribute same to the City of Schertz, the inhabitants
of said City of Schertz, and any other persons, firms, or corporations.
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Section 3. Poles, towers, lines and guys shall be so erected as to interfere
as little as possible with traffic over streets and alleys and public ways; provided,
however, that Grantee shall be required to use the alleys instead of the streets,
where alleys e,dst and it is practicable to so use such alleys, for the placement
of towers, poles, lines and guys. Where it is necessary that such installations be
placed in a public street, then the same shall be placed between the curb line and
property line on any such street provided it is possible and practicable to do so;
provided that erection, construction and maintenance of Granteers property and all
other work done by said Grantee in the operation of its business, under and by virtue
of this ordinance, shall be in conformity with the valid ordinances, rules and
regulations now in force and that may hereafter be adopted by the City of Schertz,
relating to the use of its streets, alleys and public places and in the interest of
public safety. If the Grantor, in order to make way for its sewers, water lines,
streets or other public works, shall require any poles, towers, lines or guys of the
Grantee to be shifted or relocated to a new position in the street or other way,
such poles, towers, lines, guys or other installations shall be so shifted or
relocated by the Grantee at its expense, as and when required by the Grantor;
provided, however, that Grantee shall not be required to expend in anyone year for
the purpose of so moving, shifting, or relocating any such poles, towers, lines, or
guys, an amount exceeding one per centum of its gross revenues from-the sale of
electricity or electrical energy within the corporate limits of the City of Schertz
during the year immediately prior to January 1st of the year during which such moving,
shifting, or relocating is done.
Section 4. In the event Grantee shall through any of its operations hereunder
damage, tear up, or injure any street, alley, or public park, it shall promptly repair
and restore same to as good condition as previously.
Section 5. Grantee shall hold the City of Schertz harmless from all expense
or liability for any act or neglect of Grantee hereunder.
Section 6. Nothing herein contained shall ever be construed as conferring upon
the Grantee any exclusive rights or privileges of any nature whatsoever.
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Section 7. The provisions of this franchise 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 franchise would be passed, notwith-
standing such invalid part or parts, and the invalidity of any particular section,
provision, or part shall not invalidate this franchise.
Section 8. This franchise shall be in force and effect from and after the
passage and upon filing of a written acceptance on the form attached to the
ordinance, marked "Exhibit A", with the City Secretary by Grantee within 30 days
after the final passage of this ordinance, same shall become a binding contract and
shall exist and remain in force for a period of twenty-five (25) years from and
after DFCEIYlREIt I , 19.1l., 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 contract shall terminate.
Section 9. Grantee, during the term of this franchise, shall pay an annual
tax not to exceed the equivalent of 2%, or such maximum as may be allowed by law,
of the gross receipts derived from the sale of electric energy for delivery within
the City Limits of Grantor, whenever ordered to do so by ordinance of the governing
body of Grantor for the use of its streets, alleys, and public ways. It is agreed
that such payment is in addition to, and is exclusive of and is not to be considered
a license fee, nor a tax, nor in lieu of 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 City of Schertz, Texas, or under the laws of the State of Texas'.
Section IO. 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 they 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 II. Grantee shall provide personnel to operate all segments of its
business in an efficient manner. Service personnel shall be stationed in the area
to provide electric service in a prompt and orderly fashion. Grantee agrees to
furnis~ electrical service to consumers in the City of Schertz in accordance with
approved and accepted standards of the Electric Utility Industry.
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EXHIBIT A
THE STATE OF TEXAS)
)
COUNTY OF GONZALES)
KNOW ALL MEN BY THESE PRESENTS:
That Guadalupe Valley Electric Cooperative, Inc., a corporation with its
principal office in Gonzales, Gonzales County, Texas, being the identical corporation
referred to as "Granteelt in a certain
Franchise Ordinance adopted by
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9 day of OVliilVle.-......
the City Council
of the City of Schertz, Texas, on the
, 19'12. ,
to a copy of which Ordinance this instrument is attached, does hereby accept such
ordinance and franchise and agrees to abide by the conditions and obligations on it
in such Ordinance imposed.
IN TESTIMONY WHEREOF, the said Guadalupe Valley Electric Cooperative, Inc.,
has caused these presents to be executed by Monroe Schauer, its president, thereunto
duly authorized, and
secretary, this the
its corporate seal to be hereto
+1l ...1
.9 day of ''I Ovlli'....a~~
affixed and attested by its
, A. D. 19 7'2 .
GUADALUPE VALLEY ELECTRIC COOPERATIVE, INC.
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. Its President
By
ATTEST:
X '&. ,(11' ~
Secretary of Guadalupe Valley Electric
Cooperative, Inc.
THE STATE OF TEXAS)
CO uAc>A..II....
COUNTY OF >:1i1JIT:.I',ES)
Before me, the undersigned authority, on this day personally appeared
Monroe Schauer, known to me to be the person and officer whose name is subscribed to
the foregoing instrument, and acknowledged to me that he executed the same as the
act and deed of Guadalupe Valley Electric Cooperative, Inc., and as President thereof,
for the purposes and consideration therein expressed.
Given under my hand and seal of office, this the
.3+..!l
day of N<>vc;....a liia
A. D. 19 '12 .
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in and for ~GR~~le8 County,
GiVAc:>At.vl"f'!'
.
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Passed and duly enacted as an ordinance of the City of Schertz, Texas, in
accordance with the laws of the State of Texas, and the Charter of said City of
Schertz, on this the
q
day of
NIJVEhl8E/<
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Mayor
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Councilman
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Councilman '
Councilman
Counc i lman
Councilman
ATTEST:
D FJLC .~
C' - Secretary
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