ORD 53 03/15/1973 • • 411 •
mice A3
THE STATE OF TEXAS 1
COUNTY OF GUADALUPE
This contract and agreement this day executed and entered into by and
between the City of Cibolo, a municipal corporation duly incorporated under
the General Laws of the State of Texas, 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 power 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 expressly 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 the wood poles of the Cooperative.
j\\ 3. Street light units shall be installed and maintained by the Cooperative
at the locations in the City of Cibolo indicated by appropriate symbols on
the map or plat hereto attached and made part of this agreement. 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. The Cooperative shall
not be obliged to provide street lights on private property.
4. The installation of the lights shown on the attached map or plat shall
commence within thirty (30) days after the date of this contract and shall be
completed within ninety (90) days after date hereof.
5. Existing lights installed under private contracts with various persons
or with the City, may be absorbed into the street lighting system to be furnished
hereunder and the persons contracting for such lighting be excused from his
obligations under such contract provided that such light meets the requirements of
this agreement.
r • • • •
•
6. 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
agreement between the City and the Cooperative according to the same general
plan shown on the attached map or plat and under the terms of this agreement,
provided that 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 330 feet of such light.
7. 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 share the cost basis with the Cooperative
paying the approximate installation cost of the type of light described in para-
graph 2 above at such location.
8. For lights requested larger than 175 watts, the City shall reimburse the
Cooperative monthly for power consumed by such light in excess of the size light
described in paragraph 2 above.
9. 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 contract, then the
street lights in such area may be removed by the Cooperative.
10. All installations made hereunder shall remain the property of the Co-
operative.
11. It is understood that the street lighting being furnished under the
terms of this contract is required by the City to be furnished at the location and
in the manner agreed and that the Cooperative shall be held harmless from all legal
claims and demands against it resulting from the location and operation of any
light (though not from any negligence in installing or maintaining such light).
In the event the City shall request that any light installed hereunder be moved
to another location, the City shall reimburse the Cooperative for the cost of
moving same.
•
• •
• •
12. This contract shall be reviewed annually or more often at the election
of the parties to attempt to eliminate any inequities or inadequacies because
of this contract which prevents or interferes with the attainment of the purposes
for which this contract is executed. If inequities or inadequacies should appear
as a result of this contract, the aggrieved party shall submit in writing a
statement of its position, stating in detail the claimed inequity or inadequacy.
Such statement shall be presented to the other party and acted upon by the
governing of such party within 90 days.
13. This contract shall remain in force so long as the franchise above
mentioned shall remain in force, provided that it shall not apply to any area or
section of the City in which any other supplier of central station electric service
may be operating. The Cooperative reserves the right to terminate this contract
if any other supplier of central station electric service shall operate in the City.
IN TESTIMONY WHEREOF, the parties have caused this contract to be executed
in duplicate originals by their thereunto duly authorized officers, on this
ri/ /
the fJ_rday ofZ1� , A.D. 1978
CITY OF CIBOLO
By
Its Mayor
ATTEST:
a:J.45&;) i4c.‘..9,9-41
City Secretary
--- GUADALUPE VALLEY ELECTRIC COOPERATIVE, INC.
By
Its President
ATTEST:
a
*indid‘ )
ry