Title
An ordinance, on first reading, granting to Trinity Valley Electric Cooperative, Inc., its successors and assigns, the nonexclusive right to use and occupy rights-of-way within the City of Mesquite, for the construction and operation of an electric transmission and distribution system, prescribing conditions governing the use of the public rights-of-way, providing for compensation therefore, providing for an effective date and a term of said franchise, providing for written acceptance of this franchise, finding that the meetings at which this ordinance is passed are open to the public, and providing for severability.
Body
D.R. Horton is under contract with Trinity Valley Electric Cooperative (TVEC) to provide electricity and street lighting service to the 450-lot Trailwind subdivision in Kaufman County. Trailwind was annexed into the City limits on October 1, 2018, and the public improvements for Phase 1 of Trailwind are nearing completion.
TVEC is an electric cooperative corporation that was formed in 1997 by the merger of two electric cooperatives, Kaufman County Electric Cooperative (incorporated 1938) and New Era Electric Cooperative (incorporated 1940). Unlike Oncor, which is a private, investor-owned utility, TVEC is a non-profit, public retail electric utility operating a retail electric distribution system within a service area defined by a Certificate of Convenience and Necessity (CCN) issued by the Texas Public Utility Commission (PUC).
Under State law, TVEC has the right to provide service within their CCN, and a municipality may not directly or indirectly regulate the rates, operations and services of an electric cooperative, except "to the extent necessary to protect the public health, safety and welfare." The rates charged by TVEC are established by a board of directors who are elected by members of TVEC and only the PUC has jurisdiction to modify those rates. TVEC's rate tariffs have not changed since 2008.
The City's streets, rights-of-...
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