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Home My WebLink About1962-02-15 - Special City CouncilStephenville, Texas February 15, 1962. The City Council met in called session on the above date with Mayor Evans presiding and the following Councilmen present: Virgil Dickerson, I. D. Reynolds, Wm. 0. Croft, Burl Lawrence, Raymond Anderson, Albert Graves and W. H. Stem. Mayor Evans stated the purpose of the meeting was to consider the objections from School Board members and citizens to the building of a Service Station & Gro- cery Store on the corner of N. Lillian & Frey Streets. Mr. J. C. Helms Jr., Supt. of Schools, appeared before the Council and stated the School Board had met earlier in the day and unanimously voted to ask Harlowe Oil Company not to build a station and store on the corner of N. Lilian & Frey Streets. This group is asking this be done for sagety reasons since there is al- ready a bad traffic condition in the area of Chamberlin School. It was moved by Councilman Dickerson, seconded by Councilman Graves, that if steps to build the station and store are taken without proper building permit, then the Mayor be authorized to have the City Attorney file legal proceedings for injunction. Motion carried. City Attorney Chandler stated that it is his opinion the majority of R. E. A. managers do not want to serve any city residents, provided some other utility can serve the people. As the present law reads, the R. E. A. can only serve the cus- tomers which they are already serving when a section of land is annexed to the City. If a utility company who has a franchise wants to serve customers within a city, R. E. A. will have to discontinue service to those customers. The R. E. A. is only asking for a permit to leave its existing lines and connections in place within the annexed portions to the City and in no way will have a franchise to serve residents of the-City. It was moved by Councilman Dickerson, seconded by Councilman Reynolds, to repeal the ordinance which was passed at the regular meeting on February 6, 1962, and grant R. E. A- a permit to keep existing lines and connections in annexed areas to the City. Motion carried. Mayor Evans appointed Councilmen Anderson, Dickerson and Stem as a committee to meet with City Attorney Chandler and draw up a new ordina nee for the above, then report back to the Council. There being no other business at this time, the Co ci stood journed sub- ject to the Mayor's call. ATT T, //II ayor. Secretary. Section Four The rates to be charged by Grantee for residential and commercial members, or other persons, firms or corporations in said City of Stephenville, shall be the rates of Grantee in effect from time to time charged to its other members. The service furnished hereunder to the members and the in- habitants of said City within the areas above set out shall be first -class in all respects considering all circumstances and shall be subject to such reasonable rules and regulations as Grantor may make from time to time. Grantee may require reasonable security for the payment of its bills and may require such inhabitants or other persons, firms or corporations to become PERMIT TO ERATH COUNTY ELECTRIC COOPERATIVE ASSOCIATION AN ORDINANCE GRANTING TO ERATH COUNTY ELECTRIC COOPERATIVE ASSOCIATION, A CORPORATION ITS SUCCESSORS AND ASSIGNS, FOR A PERIOD OF THIRTY YEARS FROM L THE RIGHT TO SELL, DISTRIBUTE AND TRANSMIT ELECTRIC ENERGY IN THOSE ANNEXED AREAS WITHIN THE CITY LIMITS OF THE CITY OF STEPHENVILLE, ERATH COUNTY, TEXAS, HERETOFORE SERVED BY SAID ERATH COUNTY ELECTRIC COOPERATIVE ASSOCIATION, A CORPORATION, AND IN ALL THOSE AREAS WHICH MAY BE ANNEXED IN THE FUTURE BY THE SAID CITY OF STEPHENVILLE, ERATH COUNTY, TEXAS, IN WHICH SAID ERATH COUNTY ELECTRIC COOPERATIVE ASSOCIATION IS THEN SERVING THE INHABITANTS, OR A PART THEREOF, INCLUDING THE RIGHT TO ERECT, CONSTRUCT, MAINTAIN, USE, EXTEND, REMOVE, REPLACE AND REPAIR ITS POLES, LINES, TRANSMISSION LINES, WIRES, GUYS, CONDUITS, TRANS- FORMERS AND OTHER DESIRABLE EQUIPMENT, INSTRUMENTALITIES AND APPURTENANCES' IN, OVER, UNDER AND THROUGH ANY OF THE STREETS, ALLEYS, SQUARES, AVENUES, PARKS, LANES, STREAMS, BRIDGES, AND PUBLIC PLACES IN SAID AREAS WITHIN SAID CITY OF STEPHENVILLE, HERETOFORE ANNEXED OR TO BE ANNEXED HEREINAFTER THERETO AND IN WHICH ERATH COUNTY ELECTRIC COOPERATIVE ASSOCIATION WAS SERVING AT THE TIME OF THE ANNEXATION OF SUCH TERRITORY THE INHABITANTS, OR A PART THEREOF, TO THE EXTENT PERMITTED BY STATE LAW. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, OF THE CITY OF STEPHENVILLE: Section One The word "Grantee" herein shall denote Erath County Electric Coop- erative Association, a corporation, with its headquarters at Stephenville, Erath County, Texas, its successors and assigns; and the word "Grantor herein shall denote "The City of Stephenville, Erath County, Texas;" Section Two That the City of Stephenville, Erath County, Texas, does hereby grant unto the said Grantee, its successors and assigns, the right to sell, distribute and transmit electric energy, to the extent permitted by law, in thoseareas now located within the corporate limits of the said City of Stephenville, which have been recently annexed andin which areas Grantee, at the time of the annexation, was serving the inhabitants, or some of the in- habitants,with electric energy and in all those areas that may be annexed and included within the corporate limits of the City of Stephenville, Erath County, Texas, in the future in which Grantee at the time of the annexation shall be furnishing electric energy to the inhabitants or some of the in- ri habitants of such area, including the right to erect, construct, maintain, operate, use, extend, remove, repair and replace in, under, upon, over, across and along any and all of the present and future streets, squares, parks, lanes, alleys, sidewalks, avenues and other public places in such areas now annexed or hereinafter annexed as above set out and over and across any stream or streams, bridge or bridges now or hereafter controlled by Grantor in said areas hereinabove set out, a system of poles, pole lines, transmission lines, wires, guys, conduits, transformers and other desirable equipment, instrumentalities and appurtenances necessary or proper for the purpose of carrying, conducting, supplying, distributing and selling to persons, firms or corporations within said area or areas hereinabove set out, to the extent permitted by State law, electric energy and electricity for light, power and heat, and for such other purposes for which electricity may be used and to the y , , extent permitted. by State law, to carry, conduct, supply and distribute electricity in said area or areas above set out by means of said poles, pole lines, transmission lines, conduits and other instrumentalities, and to sell the same to persons, firms or corporatnns therein, to the extent permitted by State law. Section Three Poles, towers and lines shall be so erected as not to interfere with the traffic over the streets and alleys, Section Four The rates to be charged by Grantee for residential and commercial members, or other persons, firms or corporations in said City of Stephenville, shall be the rates of Grantee in effect from time to time charged to its other members. The service furnished hereunder to the members and the in- habitants of said City within the areas above set out shall be first -class in all respects considering all circumstances and shall be subject to such reasonable rules and regulations as Grantor may make from time to time. Grantee may require reasonable security for the payment of its bills and may require such inhabitants or other persons, firms or corporations to become members of Grantee and be bound by its charter and bylaws. Section Five Grantee shall be liable for all damage or other injuries to persons and property that may be caused by its negligence, and shall hold the City of Stephenville harmless from all expense or liability for any account or neglect of Grantee hereunder. Section Six Grantee shall repair at its own expense any damage that may be done by it to the streets, alleys, avenues, sidewalks, bridges and public places in said areas hereinabove set out within the City of Stephenville, Texas, so as to restore the same to their former state or condition. Section Seveno The provisions of this �EE�I / are severable and if any �,j� section, provision or part thereof be declared invalid, then it is hereby 0-" " declared the intent of the parties that the remaining parts of this �E/L�Y1T - would be passed, notstanding such invalid part or parts:, and the invalidity of any particular section, provision or part, shall not invalidate this permit. Section Eight This permit shall be in force and effect from and after its passage and no acceptance hereof by Grantee shall be necessary and this permit shall exist for a period of thirty (30) years from f�6 , 1962. . PASSED AND DULY ENACTED as an Ordinance of the City of Stephen- ville, Erath County, Texas, in accordance with the Laws of the State of Texas, on this the day of r b , , 1962. Mayor ATTEST: City Secreta =y