ORDER NO. 19933
APPROVAL OF AGREEMENT BETWEEN BANDERA ELECTRIC
COOPERATIVE, INC. AND KERB COUNTY, TEXAS
On this the 13th day of November 1990, upon motion made by
Commissioner Ray, seconded by Commissioner Morgan, the Court
unanimously approved by a vote of 5-0-0 the agreement between
Bandera Electric Cooperative, Inc. and Kerr County, Te::as,
fur the use of Kerr County Right of Ways, and authorized the
County Judge to sign said agreement on behalf of Kerr County,
Texas.
AGREEMENT FOR USE
COUNTY RIGHT OF WAY
THE STATE OF TEXAS
COUNTY OF KERB
AGREEMENT BETWEEN BANDERA ELECTRIC
COOPERATIVE, INC. AND KERB COUNTY, TEXAS
This franchise agreement made and entered into this 13th day
of November , 1990, by and between Kerr County, Texas
hereinafter referred to as "County" and Bandera Electric
Cooperative, Inc., Bandera, Texas, it's successors and assigns
hereinafter referred to as "Cooperative".
WITNESSETH
WHEREAS, the County in regular session of Commissioner's Court
awarded the Cooperative, a corporation organized under the laws of
the State of Texas, the right to place, construct, operate, repair,
maintain, relocate and replace, either overhead or underground,
electric distribution lines or systems in, upon or across all
streets, roads or highways and over, along, and across the streets,
alleys, sidewalks, and public grounds of any unincorporated towns
located in Kerr County, Texas and which streets, roads, highways,
alleys, sidewalks, and public grounds are under the jurisdiction of
the County, subject to the following conditions.
TERM OF AGREEMENT
The rights herein are granted for a term of ten (10) years.
The rights and privileges and franchises hereby granted are not
exclusive and nothing herein granted shall prevent the County of
Kerr from granting like or similar or different rights, privileges
or franchises to any other person, firm or corporation. '
CONDITIONS OF AGREEMENT
1. Cooperative agrees that poles, guys, or other appurtenances
shall not be placed upon any part of the road used for traffic and
that no line shall be composed of more than two {2) , three (3)
phase circuits. Cooperative further agrees that all wires across
the roads and streets shall be suspended at a minimum height of
twenty-two (22) feet above the road surface.
2. Poles, guys, and other appurtenances shall be placed along the
side of public roads as close to the boundary or fence lines (in
towns along the curb lines) as reasonably possible and in a manner
which will not obstruct or interfere with use of said roads in
usual and ordinary traffic. In no event, however, shall the
centerline be placed further than five (5) feet from the right of
way boundary or fence line, without the prior written consent of
the County Engineer. In the case of county roads having less than
a forty (40) foot of right of way the centerline shall be placed no
further than two (2) feet from the right of way boundary or fence
line without the prior written consent of the County Engineer.
3. In case roads, highways, streets, alleys, or other county
property, are hereafter widened, altered, or relocated, or where
the County Engineer determines, in writing, that any pole location
presents a danger or an inconvenience to the travelling public,
said poles and equipment located within the existing right of way
shall be reset or changed by the Cooperative, at the direction of
the County Engineer, at Cooperative's expense, so as to conform to
his requirements using standard design practices ,of the
Cooperative.
4. The Cooperative shall construct and maintain said
distribution lines to meet the National Electrical Safety Code and
all applicable federal, state or local laws, and ordinances.
5. The Cooperative shall have the right to cut and trim trees and
shrubbery to the extent necessary to keep the trees clear of said
electric lines or systems and to cut down from time to time all
dead, weak, leaning, or dangerous trees that are tall enough to
strike the wires in falling. The Cooperative's right to cut live
or living trees, however, is limited to trees which do not exceed
ten (10) inches in diameter, measured at four (4) feet above the
ground No live or partially live tree with a diameter greater than
ten (10) inches may be cut without the approval of the County
Engineer.
6. The depth of the easement shall be ten (10) feet beneath the
surface of the ground. The height of poles shall not exceed sixty
(60) feet unless approved, in writing, by the County Engineer.
Changes in existing lines or systems and any proposed routing or
designs for the establishment of any new lines or systems within
Kerr County which exceed the criteria set forth herein must be
approved by the County Engineer prior to the construction.
7. Cooperative does not have the right to construct transmission
lines of any type or design within or upon County right of way
without the approval of the Commissioner's Court of Kerr County.
Cooperative, however, may construct transmission lines which cross
over county right of way, subject to the written approval of the
County Engineer. It is understood, however, that the County
Engineer does not have the authority to approve the placing of
electrical transmission poles or towers upon county right of way.
LIABILITY
The Cooperative agrees to indemnify hold harmless and defend
the County from any claims, judgements or causes of action or any
other type of injury whatsoever which may arise from the
Cooperative's actions or omissions associated with the
establishment, construction, and/or maintenance operations
connected with this agreement.
The above agreement was adopted by the said Commissioner's
Court by order No. 19933 on the 13th day of
November , 1990, and by the Board of the Bandera Electric
Cooperative on the 7th day of November ~, 1990.
es' nt County
and a Electric Cooperative Kerr C'
ty, Texas
THE STATE OF TEXAS
COUNTY OF KERB
BEFORE ME, the undersigned authority, on this day personally
appeared Judge Danny Edwards, known to me to be the person whose
name is subscribed to~he foregoing instrument, and acknowledged to
me that he executed the same for the purposes and consideration
therein expressed.
GIVE UNDER MY HAND AND SEAL OF OFFICE THIS 13th day of
November 1990. ~ 2
Notary Public in and
for Kerr County, Texas
~~~~~ ~b~', UDIA S. BETTS T ; d~ a S P~ is
Notary Fnblia State of Texas Printed or Stamped Name
Fly Cammisson Eza!: es 815191
`'Er~_orm!T1M
August 5 1991
Commission Expires
BEFORE ME, the undersigned authority, on this day personally
appeared Jerry N. Word, Sr. , known to me to be the
person whose name is subscribed to the foregoing instrument, and
acknowledged to me that he is the President of the Bandera Electric
Cooperative with the power to enter into this agreement on behalf
of the Board.
GIVE UNDER MY HAND AND SEAL OF OFFICE THIS 7th day of
November , 1990.
~.. ~.~ ~~
Notary Public in and
for Kerr County, Texas
(Seal) Printed o Stamped Name
//~3a~9~
Commission Expires
• PI Fncr ri IRNICH ONE ORICINAI AND `;EVEN COPIES OF THIS R 0 STAND DOCUMENTS
TO BE REVIEWED BY THE C`O'U~R~T/. ~ //'~~
MADE BY: I `^""~ OFFICE:
MEETING DATE: ~~ TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC): ~~ ~'-"w-- ~ `~~~'Z-
ESTIMATED LENGTH OF PRESENTATION: k~f""""
IF PERSONNEL MATTER -NAME OF EMPLOYEE
NAME OF PERSON ADDRESSING THE COURT: '- `t "- ~`-~--j~
Time for submitting this request for Court to assure that the matter Is posted In
accordance with Article 6252- 1 7 Is as follows:
• Mee[Ings held on second Monday: 12:00 P. M. prevlous Wednesday
• Meetings held on Thursdays: 5:00 P. M. prevlous Thursday.
If preferable, Agenda Requests may be made on office stationery with the above
Information attached.
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON: I/'~'yO @ >/~'- h~ ~ ~r7,
All Agenda Requests well be screened by the County Judge's Office to determine If
adequate information has been prepared for the Court's formal consideration and action at
tlme of Court meetings. Your cooperation will be appreciated and contribute towards
your request being addressed at [he earliest opportunity.
i~ -oi ~.
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i ~^y.
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~atnicta Dye
COUNTY CLERK KERR COUNTY
KERRVILLE, TEXAS 78028-5389
(512) 896-2844
February 1, 1991
blr. Raymond Batto
Bandera Electric Cooperative, Inc.
P.O. Box 667
Bandera, Texas 78003
Dear f1r. Batto,
Enclosed is a certified copy of Order fao. 19933 and the Agreement
Between Bandera Electric Cooperative, Inc. and Kerr County, Texas
passed by Conmtissioners' Court on flovember 13, 1990.
If you need any additional assistance, please do not hesitate to
let me know.
Sincerely,
PATRICIA DYE
Kerr County Clerk ~ /
By: ~ornm~ ~. ~1~
Trnmie C. Huston, Deputy
Enclosure
ORDER NO. 19933
APPROVAL OF AGREFS1EfVT BET4dEIN BANDERA
ES~PRIC COOPERATIVE, INC. AND KERB
COUNPY, TFX11G
November 13, 1990
Vol. S, Pg. 42