There is hereby created and established as a separate and distinct instrumentality or agency of the City of Greenville, Texas, a board to be known as the Electric Utility Board ("Board").
A. 
The management and control of the electric utility system ("System") owned by the City of Greenville, Texas, shall be vested in the Board, which will be a Board of Trustees consisting of five (5) persons who (except as hereafter provided) shall be appointed by a simple majority vote of the City Council of the City of Greenville. The Mayor of the City of Greenville, Texas shall serve as a non-voting, ex-officio sixth member of the Board of Trustees.
B. 
The term of office of each member appointed to the Board shall be three (3) years, and each member shall serve until his or her successor has been appointed and qualified. Members of the Board shall serve not more than two (2) full terms in succession. If a vacancy on the Board should occur, then the vacancy shall be filled by appointment as hereinafter provided, and the member assuming the vacant position shall complete the unexpired term of office. A member who is selected to the Board to serve an unexpired portion of a term shall not be considered to have served a "term."
C. 
Each vacancy in membership on the Board, whether occasioned by failure or refusal of any person to accept appointment, or by expiration of term of office or otherwise, shall be filled in the following manner:
Not later than sixty (60) days prior to the creation of each vacancy in membership to be caused by expiration of term of office and not later than thirty (30) days after the creation of each vacancy in membership caused by any event other than expiration of term of office, the Mayor and the Chairman of the Board shall submit to the Board one (1) nominee for each vacancy. Within ten (10) days after receiving such submission, the Board shall determine the nominee’s qualifications for membership under the provisions of Section 135 of this article. If a nominee is found to be unqualified for membership on the Board, the Board shall charge the Mayor and the Chairman of the Board to submit a replacement nominee within ten (10) additional days. If the nominee is determined to be qualified and is approved by the Board, it shall immediately cause the nomination to be filed with the City Secretary who shall publish (in a newspaper of general circulation in the city) an announcement of such nomination. Within thirty (30) days after the filing, the City Council shall announce the name of the nominee and that it will consider the nomination at the next regular session of the City Council. If the City Council rejects the nominee or does not act within the thirty (30) day period to approve by simple majority vote of a quorum the nominee for membership, then the nomination process shall begin again, as hereinabove provided. In such case, the period for submission of nomination by the Mayor and Chairman of the Board shall begin on the last day of the period provided for City Council consideration of the nomination; provided that the subsequent nominee shall not be the first nominee. If after completion of the nomination process for the second time the City Council fails to approve a nominee for membership, the Board, within ten (10) days after the last day of the period provided for City Council consideration of the second nominee, shall submit to the Mayor and file with the City Secretary one nominee for each vacancy. Prior to such submission, the Board shall determine the nominee’s qualification for membership under the provisions of Section 135 of this Article. Thereafter, the City Secretary shall publish an announcement of such nomination, and the City Council shall consider the nomination as above set out. If the City Council fails to approve the nominee for membership and appoint the nominee to the Board within the time provided, the Board shall submit a second nomination for consideration by the Council, and the process shall continue in the same manner until the vacancy is filled by appointment of the City Council; provided, however, that the Board shall not in any event nominate again any of the nominees previously nominated to the City Council and not appointed to fill that vacancy.
(Prop. No. 28, 2000; Prop. No. 15, 2005; Prop. No. 10, 2010; Prop. Nos. 23–24, 2013)
No person shall be named a member of the Board who is (i) in default in the payment of any valid indebtedness or obligation to the city or (ii) not a qualified elector and not a customer of the System for personal, residential, business or company use, or (iii) a member of the City Council, or (iv) any person related to a councilmember within the second degree of consanguinity or affinity.
(Prop. No. 28, 2000; Prop. No. 11, 2010; Prop. No. 25, 2013)
A. 
Any member of the Board shall be subject to recall and removal from office by the qualified voters of the city on grounds of incompetence, misconduct, or malfeasance in office.
B. 
Before the question of recall of a member of the Board shall be submitted to the qualified voters of the city, a petition demanding the question to be so submitted shall first be filed with the City Secretary. The petition shall be signed by qualified voters of the city equal in number to fifty-one percent (51%) of the number of votes cast at the last regular municipal election of the city, or seven hundred (700) petitioners, whichever is greater.
The question of recall shall be considered a "measure" and shall be treated as such in accordance with the provisions of the Texas Election Code, as amended.
C. 
The recall petition must be addressed to the City Council of the City of Greenville, must distinctly and specifically point out the ground or grounds upon which the petition for removal is predicated, and if there is more than one (1) ground for removal, the petition shall specifically state each ground clearly.
D. 
The petition may consist of one or more copies circulated separately, and the signature thereon must be upon the paper or papers containing the form of petition. All papers comprising a recall petition shall be filed with the City Secretary on the same day, and the City Secretary shall immediately notify, in writing, the member of the Board sought to be removed, by mailing notice to his or her residence address.
E. 
After the filing of the papers constituting the recall petition, the City Secretary shall determine if the petition (i) complies with Chapter 277 of the Election Code, as amended from time to time, or any other applicable law then in effect, relating to the validity of a petition or signatures thereon and (ii) is executed by the required number of electors. If the City Secretary determines the petition is in compliance with the Election Code and is properly executed, he/she shall, within ten (10) days, present the petition to the City Council of the City of Greenville.
F. 
The member of the Board whose removal is sought may, within five days after the recall petition has been presented to the City Council, make a written request to the City Council that a public hearing to be held to permit him/her to present facts pertinent to the charges specified in the recall petition. In the event such a written request is made, the City Council shall order the public hearing to be held. The date of the public hearing shall be not less than five days nor more than fifteen (15) days after the date the request for a public hearing is received by the City Council.
G. 
If the member of the Board whose removal is sought does not resign, it shall be the duty of the City Council to order an election and fix a date for holding a recall election. The recall election shall be held within sixty (60) days from the date the election is called unless a law other than this charter requires the recall election to be held on another date.
H. 
Ballots used at recall elections shall conform to the requirements of the Texas Election Code, as amended.
I. 
If a majority of the votes cast at a recall election shall be "No," that is, against the recall of the person named on the ballot, he/she shall continue in office for the remainder of his or her unexpired term, subject, except as provided in Subsection 136J of this article, to recall in the same manner as if no recall election had been held. If a majority of the votes cast at such an election be "Yes," that is, for the recall of the person named on the ballot, he/she shall, regardless of any technical defects in the recall petition, be deemed removed from office and the vacancy shall be filled as vacancies on the Board are filled.
J. 
No recall petition shall be filed against any member of the Board within six (6) months after his or her appointment, nor within six (6) months after an election for such member’s recall.
K. 
Should the City Council fail or refuse to order any of the elections as provided for in this article, when all the requirements for such election have been complied with by the petitioning electors in conformity with this article of the charter, then it shall be the duty of any one of the District Judges of Hunt County, Texas, upon proper application being made therefor, to order such elections and to enforce the carrying into effect of the provisions of this article of the charter.
(Prop. No. 2, 2000)
A. 
The Board, by simple majority vote, shall annually elect from among its members a Chairman who shall preside over the meetings of the Board, and a Vice Chairman who shall act for the Chairman during his or her absence.
The Board shall appoint a Secretary and Treasurer, or a Secretary-Treasurer, who may be, but need not be, a member or members of the Board. The Board may adopt such rules for the orderly handling of its affairs as it may see fit, and may manage and conduct the affairs of the System with the same freedom and in the same manner ordinarily employed by the Board of Directors of a private corporation operating an electric system of a similar nature.
B. 
The Board shall appoint all officers which it may deem desirable to conduct the business of the Board. The Board shall employ a General Manager to professionally manage the System. No person may be appointed or employed by the Board who is related within the second degree of consanguinity or affinity to any member of the Board or City Council.
C. 
The Board shall hold a regular meeting at least once each month on such day as the Board may select. Special meetings may be called at any time by the General Manager with approval of the Chairman of the Board or by any two (2) of the other members of the Board. Action by the Board shall be by simple majority vote of those present, except where otherwise specifically provided. Three (3) members of the Board shall constitute a quorum. All regular and special meetings of the Board shall be conducted in full compliance with the provisions of the Texas Open Meetings Act, Article 6252-17, Revised Civil Statutes of Texas, 1925, as amended.
(Prop. No. 2, 2000; Prop. Nos. 26–27, 2013)
The members of the Board shall receive no compensation for service on the Board, but shall be entitled to reimbursement for reasonable expenses incurred in the execution of their duties as members of the Board including, but not limited to, reimbursement for expenses of training at seminars, expenses of membership, or participation in industry associations, and expenses incurred by members of the Board for other types of professional development undertaken by members of the Board in connection with service on the Board.
The members of the Board shall not be personally liable, either individually or collectively, for any act or omission not willfully fraudulent or in bad faith.
The Board shall obtain and keep continuously in force a fidelity and indemnity bond of the so called "blanket" type, covering both members of the Board and any appointees or employees who are charged with the handling of any funds of the Board, written by a solvent and recognized indemnity company and covering such members, appointees, and employees in an amount of not less than the amount approved by the Board, but in no event shall the amount of the bond be less than the amount of money under the control of such person in any 24-hour period. If the Board determines such insurance is not available at a reasonable cost, it may establish a self insurance fund and issue bonds to provide all or a part of the fund.
To the extent not prohibited by applicable law, each member of the Board shall be indemnified and held harmless from and against all claims, actions, or damages (including attorneys fees) caused by or arising out of the performance or failure to perform his or her duties under this charter or ordinances adopted by the Board or the city with respect to the System or its operation, provided such member of the Board has not been guilty of willful fraud or bad faith. To the extent not paid from other sources which are legally available for the purpose, any amounts due to be paid a member of the Board under this section shall be paid from the revenues of the System after provision for the payment and security of bonds.
(Prop. No. 1, 2010)
A. 
The Board shall keep full and proper books and records of accounts in which full, true, and proper entries will be made of all business dealings and affairs of the Board which in any way affect or pertain to the operation of the System. The Board shall furnish to the City Council at least once each six (6) months, and at such other times as the City Council may reasonably request, statements in reasonable detail showing the earnings and expenses of the System, including bond retirement and service expenses, and the application of funds in the Plant Fund as herein established, for the preceding six-month period. The Board shall also furnish to the City Council from time to time such other data as to the plants, systems, property, and equipment operated by it, as the City Council shall reasonably request.
B. 
As soon after the close of each fiscal year as may reasonably be done, the Board shall employ a professional auditing firm to furnish a full audit covering the operations of the System for the preceding fiscal year, and showing the earnings and expenses of the properties and the disposition made of all revenues for the fiscal year, the assets, liabilities and financial condition of the System at the close of the fiscal year. The audit shall be made available for examination at city hall by any interested citizen.
C. 
The Board shall, so far as practical and to the extent consistent with the provisions of state law and of this article, keep its books and records in accordance with the standards promulgated for municipal utilities by the National Committee on Governmental Accounting.
Adjusted gross revenues shall be transferred to the general fund of the city in accordance with this section. The amount so transferred shall be a maintenance and operating expense of the System. Transfers shall be made within thirty (30) days of the end of each calendar quarter and shall be equal in amount to five percent (5%) of the adjusted gross revenues for the quarter. If any adjustment is required to be made by reason of an audit, the same shall be made during the quarter following the completion of the audit, either by a payment made to the city's general fund or a deduction from the amount otherwise due to the city's general fund.
Additionally, one percent (1%) of the adjusted gross revenues shall be transferred to the general fund of the city quarterly, and dedicated for the use and benefit of the Board of Development in lieu of any other amount required by the charter to be transferred for the use and benefit of such Board; provided, however, the amount transferred shall be reduced to the extent the amount of the unencumbered fund balance for the use and benefit of the said Board on the last day of the fiscal year (after giving effect to the transfer) would exceed three percent (3%) adjusted gross revenues.
(Prop. No. 11, 1992; Prop. No. 12, 2010)
The Board periodically shall review the rates, fees, and charges for services rendered by the System, with due consideration being accorded to the terms, covenants, and conditions contained in any contract of the city or the Board relating to the System or ordinance authorizing the issuance of any System obligation, in the event such review reflects a necessity for the adjustment, either by an increase or a reduction of such rates, fees and charges.
(Prop. No. 3, 1992)
The Board shall have the power and authority to furnish electric service to territory outside the corporate limits of the City of Greenville, if to do so does not impair its ability to furnish adequate service to the inhabitants of the city. Such service shall be provided on the terms and conditions as prescribed by the Board. The Board shall also have the power and authority to make necessary contracts for the purchase of fuel, power, and supplies and any person, firm, corporation, or association having or holding a proper contract or franchise granted by the City Council may own, construct, operate, reconstruct, and maintain within the corporate limits of the city, as the same now exists or may hereafter be extended, a plant or plants, stations or substations, and all transmission lines, power lines, their appurtenances and accessories necessary or convenient in the production and transmission of power and energy in accordance with any existing contractual obligation. The power to amend or modify any power sales contract between the city and a joint powers agency shall, to the extent on any date required by law other than this charter, be vested in the city, provided that the City Council is required to consult with the Board prior to taking action on any such amendment or modification.
A. 
Following the effective date of this Amendment, the City Council of the city is authorized to refund, and shall refund, all outstanding bonded indebtedness and all outstanding revenue obligations payable in whole or in part from pledged revenues of the city’s electric utility system by the adoption of a Master Ordinance.
B. 
The Master Ordinance shall be adopted pursuant to any law in effect on the date of its adoption.
C. 
The Master Ordinance shall be adopted at any time following the effective date of this amendment, and may contain such terms and provisions as the City Council of the city, in its sole discretion, deems advisable.
D. 
The Master Ordinance shall contain an express delegation from the City Council to the Board, each acting on behalf of the city pursuant to this amendment, of the city’s power to legislate by ordinance with respect to:
(i) 
the issuance of bonds;
(ii) 
the exercise of the power of eminent domain;
(iii) 
the establishment and enforcement of rates, fees, and charges with respect to the system;
(iv) 
the making of covenants, representations, and warranties on behalf of the city;
(v) 
the making of contracts for the city; and
(vi) 
the primary responsibility to perform the city’s duties under the power sales contracts, as more fully provided in Section 150 hereof.
The Master Ordinance may not delegate to the Board the power of ad valorem taxation.
E. 
Subject to prohibitions against impairing the obligation of contract, the Master Ordinance may be amended, repealed, or modified as the City Council of the city deems advisable. No such amendment, repeal, or modification shall be effective until the Board has adopted a resolution approving such action.
A. 
The Board shall exercise public and essential governmental functions, and shall have all the powers necessary or convenient to accomplish and effectuate the purposes and provisions as set forth herein, including, without limitation, the following powers:
(1) 
To adopt bylaws for the regulation of its affairs and the conduct of its business.
(2) 
To adopt a seal approved by City Council, which may be altered at its pleasure following approval by City Council, or to use the seal of the City of Greenville, and to use the same by causing it, or a facsimile thereof, to be impressed on, affixed to, or in any manner reproduced upon instruments of any nature required or authorized to be executed by its proper officers.
(3) 
To sue in all courts of competent jurisdiction and to institute and prosecute suits without giving security for costs and to appeal from a judgment or judgments without giving supersedeas or cost bond; provided, however, that all actions at law or in equity against the Board shall be brought in the county where the cause of action arises, and if land is involved, including eminent domain proceedings, suit shall be brought in the county where the land is situated.
(4) 
To acquire by grant, purchase, gift, devise, lease, contribution from any source, or otherwise, and to hold, use, mortgage, sell, lease or dispose of, real and personal property of every kind and nature whatsoever, and licenses, patents, rights, and interests necessary, convenient, or useful for the full exercise of any of its powers pursuant to the provisions of this article.
(5) 
To plan, acquire, construct, complete, develop, own, operate, and maintain the System, and for such purposes shall have the right to use streets, alleys, roads, highways, and other public ways and to relocate, raise, reroute, change the grade of, and alter the construction of, any street, alley, highway, road, railroad, electric lines and facilities, telegraph and telephone properties and facilities, pipelines and facilities, conduits and facilities, and other properties, whether publicly or privately owned, as necessary or useful in the construction, reconstruction, repair, maintenance, and operation of the System.
(6) 
To exercise any powers necessary for the relocating, adjusting, raising, lowering, rerouting, or changing the grade of or altering the construction of any street, alley, highway, overpass, underpass, or road or railroad track, bridge or other facilities or properties, any electric lines, conduits or other facilities or properties, any telephone or telegraph lines, conduits or other facilities or properties, any gas transmission or distribution pipes, pipelines, mains or other facilities or properties, any cable television lines, cables, conduits or other facilities or properties, or any other pipelines and any facilities or properties relating thereto. Any and all such relocations, adjustments, raising, lowering, rerouting or changing or grade or altering of construction may be accomplished either at the sole cost and expense of the Board or other than at the sole cost and expense of the Board.
(7) 
To have the right of eminent domain including, without limitation, the acquisition of land or interest therein to carry out the powers, rights, privileges, authority, and functions authorized by this article by eminent domain when the Board determines, after notice and hearing, that such action is necessary.
(8) 
To adopt, and from time to time amend, rules and regulations to govern the operation of the Board, its appointees or employees, the System and the service provided thereunder.
(9) 
To employ such agents, employees, and advisors as the Board in its discretion deems advisable, and to create and administer or participate in an employee benefits plan.
(10) 
To establish and collect such rates, fees, and charges as will produce revenues sufficient to (a) pay all interest, redemption premiums, if any, and principal on bonds issued by the Board, and any costs relating thereto including, but not limited to, costs of trustees, paying agents, remarketing agents, registrars, and the expenses of such persons, (b) pay all maintenance and operating expenses, and (c) pay any other charges necessary to fulfill the terms of any agreements theretofore made.
(11) 
To have the authority to lease excess capacity of fiber optic facilities (dark fiber), and to establish rates and policies to ensure that the rental of the fiber facilities is done on a nondiscriminatory, nonpreferential basis, pursuant to Texas Statutes, Utilities Code, Section 54.2025, as in effect on September 1, 1999.
(12) 
To the extent the constitution does not expressly prohibit such powers, to exercise all the powers which may be granted to a Texas non-profit corporation, pursuant to Article 1396-2.02 as in effect on December 31, 1987.
(13) 
To enter into contracts for insurance or participate in mutual insurance companies to obtain specialized insurance, or to self insure, pertaining to property and liability risks in connection with, and incident and related to, the ownership, operation, and maintenance of the System.
(14) 
To pledge all or part of the revenues to the payment of bonds, and to the extent required, to pay debt service requirements and then to the payment of maintenance and operating expenses and the creation of reserves for maintenance and operating expenses. Subject to the pledge of revenues to bonds and other obligations issued or incurred for the electric utility system, to pledge surplus electric utility revenues to the payment of revenue bonds for services which are managed by the Electric Utility System authorized by the City Council pursuant to Section 59 of this charter.
(15) 
To claim to be, and to be, exempt from all state and local taxes whether now being collected or hereafter imposed.
(16) 
Whether included in the foregoing or not, to have and exercise all powers necessary or appropriate to effect any or all of the purposes for which the Board is created, and to elect to exercise all powers with respect to other purposes allowed to a municipal electric utility from time to time pursuant to State and/or Federal law, or through delegation by the City of Greenville.
B. 
The Board is hereby authorized and empowered to acquire by purchase, whenever it shall deem such purchase expedient, any land, property rights, right-of-way, franchises, easements, and other interests in lands as it may deem necessary for the construction, improvement, repair, extension, or operation of the System upon such terms and at such price as may be considered by it to be reasonable and can be agreed upon between the Board and the owner thereof, and to take title thereto in the name of the Board. The governing body of every county, city, town, political subdivision, or public agency is authorized without any form of advertisement to make conveyance of title or rights and easements to any property needed by the Board to effect its purposes in connection with the construction, improvement, repair, extension, or operation of the System.
Whenever a reasonable price cannot be agreed upon, or whenever the owner is legally incapacitated, or is absent, unknown, or unable to convey valid title, the Board is hereby authorized, and empowered to acquire, by the exercise of the power of eminent domain over property and in accordance with the subject to the provisions of any and all existing laws and statutes applicable to the exercise of the power of eminent domain over property for public use, any land, property rights, rights-of-way, franchises, easements or other property deemed necessary or appropriate for the construction, improvement, repair, or extension for the efficient operation of the System or necessary to the restoration of public or private property damaged or destroyed. In any eminent domain proceedings, the court having jurisdiction of the suit, action, or proceeding may make such orders as may be just to the Board and to the owners of the property, and may require an undertaking or other security to secure such owners against any loss or damage by reason of the failure of the Board to accept and pay for the property, but neither such undertaking or security, nor any act or obligation of the Board, shall impose any liability upon the city or the Board except such as may be paid from the funds of the Board.
In addition to any other power granted in this article, the powers and procedure granted to and available to a home rule city for acquisition of property are likewise granted to and made available to the Board, subject to the provisions in this article.
C. 
The Board is authorized to issue its bonds for the purpose of planning, purchasing, constructing, acquiring, owning, operating, repairing, improving, or extending all or any portion of the System. The Board shall have the full power to issue bonds from time to time. Such bonds shall mature serially or otherwise not more than 40 years from their respective date of issuance, and shall be issued within the interest rate limitations of applicable law.
From the proceeds of the sale of bonds, the Board may set aside amounts for payments into the interest and sinking funds and reserve funds, and for interest and operating expenses during construction and development, as may be specified in the authorizing proceedings. Bond proceeds may be invested pending their use for the purpose for which issued, in such manner and at such yield as may be specified in such authorized proceedings.
Prior to delivery thereof, all bonds authorized to be issued hereunder and the records relating to their issuance shall be submitted to the Attorney General of Texas for examination, and if he or she finds that they have been issued in accordance with the constitution and this article, and that they will be binding special obligations of the Board, he or she shall approve them. Thereupon, they shall be registered by the Comptroller of Public Accounts of the State of Texas, and after such approval and registration, such bonds shall be valid and legally binding special obligations of the Board, payable from the sources identified therein, and shall be incontestable in any court or other forum, for any reason.
Bonds issued to refund bonds may be issued for the purposes and in the manner now or hereafter provided by general law applicable to home rule cities.
The Board shall be an "Issuer" and improvements, extensions, or repairs to the System shall be a "Project," as such terms are defined in Article 717q, and as such shall be authorized to issue, sell, and deliver bonds pursuant thereto.
The bonds shall be (1) signed by the Chairman, Vice-Chairman, or the designated Acting Chairman of the Board, (2) attested by the Secretary or Assistant Secretary of the Board, and (3) bear the seal of the Board, if any, or the seal of the City of Greenville. It is provided, however, that such signatures may be printed or lithographed on the bonds if authorized by the Board, and such seal may be impressed on the bonds or printed or lithographed thereon. The Board may adopt or use for any purpose the signature of any person who shall have been an officer, notwithstanding the fact that he or she may have ceased to be such officer at the time when bonds shall be delivered to a purchaser or purchasers.
The bonds may be sold, within the interest rate limitations herein provided, at a public or private sale at a price or under terms determined by the Board to be the most advantageous reasonably obtainable, within the discretion of the Board. The bonds may be made callable prior to maturity at such times and prices as approved by the Board, and may be in coupon form with or without provisions for registration as to principal or may be registrable as to both principal and interest, including by book entry or otherwise.
All bonds issued by the Board, and coupons, if any, representing interest thereon, shall be exempt securities under the Texas Securities Act (Article 581-1 et seq.).
All bonds issued by the Board pursuant to this article shall be, and are hereby, declared to be legal and authorized investments for banks, savings banks, trust companies, building and loan associations, savings and loan associations, and insurance companies, and shall be eligible to secure the deposit of any and all public funds of the state and any and all public funds of cities, towns, villages, counties, school districts, or other political corporations or subdivisions of the state, and such bonds shall be lawful and sufficient security for said deposits to the extent of the principal amount thereof, or their value on the market, whichever is the lesser, when accompanied by all unmatured coupons, if any, appurtenant thereto.
Bonds issued under the provisions of this article shall not be deemed to constitute a debt of the city, the Board, or of any political subdivision thereof or a pledge of the full faith and credit of the state, the Board, or of any such political subdivision, but such bonds shall be payable solely from the funds identified therein and provided therefor or from revenues. All such bonds shall contain on the face thereof a statement (in the case of bonds registered by book entry such statement to appear in the authorized proceedings) to the effect that neither the state, the Board, nor any political subdivision of the state shall be obligated to pay the same or the interest thereon, except from the source or sources identified therein, and that the full faith and credit of the state is not pledged to the payment of the principal of or the interest on such bonds.
Prior to the issuance of any series of bonds other than bonds issued for the purpose of refunding bonds, the Board or its designated representative (which may be, but is not required to be, one or more advisors) shall hold a public hearing following reasonable public notice. Notice of such hearing shall be published at least once in a newspaper of general circulation in the city and shall state: the date, time, and location of the public hearing; the general purpose for which the proposed bonds will be issued; the maximum aggregate principal amount of bonds to be issued; and such other information as the Board of Directors may deem advisable. No action of the
Board shall be required to authorize the publication of such notice.
D. 
The provisions of this Section 147 shall be effective only in accordance with Section 152 of this article. Following the effective date of this Section 147, the powers granted herein shall be in addition to the powers otherwise granted in this article and, to the extent of any conflict, whether or not reconcilable, the provisions of this Section 147 shall control. The statement of powers in this Section 147 is not to be construed as an indication that the powers granted herein are not otherwise granted in this article.
(Prop. Nos. 2, 31, 2000; Prop. No. 1, 2010; Prop. I, 2018)
No provision of this article shall be construed so as to impair any present obligation of the City of Greenville, as now evidenced by outstanding bonds heretofore issued by the city, or any contract with regard to the various bonds or utilities systems which is now outstanding and binding upon the city.
Any provision hereof which may be irreconcilably contrary to the general laws of the State of Texas shall be inoperative until the general law is modified, but the inoperative status of any section or part hereof shall not affect the remainder of this article. If any provision of this article is in conflict with the provisions of any other article in the city charter, the provisions hereof shall prevail.
Except to the extent prohibited by (i) the power sales contract with a joint powers agency, (ii) law, or (iii) expressly provided by other provisions of this article, the Board shall have full and complete power and authority in all matters relating to the System.
The City Council, in the Master Ordinance, shall require the Board to assume primary responsibility for all or part of the city’s duties (except as herein provided) under such power sales contract, but such action shall not relieve the city of its ultimate responsibilities thereunder. The Board shall assume such assigned primary responsibility. The Board shall make recommendations to the City Council concerning the appointment of Directors to such joint powers agency, and it shall be the duty of any Director of such joint powers agency appointed by the Council to consult with the Board concerning the System.
When used in this article, unless the context requires a different definition:
(1) 
Adjusted Gross Revenues means revenues during any specified period, less reimbursements for energy costs incurred in producing electricity for off-system sales, insurance recoveries, judgments, refunds, interest, fund transfers, transfers from the City, governmental taxes and fees, amounts received on sale of real property, personal property, or inventory items, contributions in aid of construction, and restricted gifts or grants.
(2) 
"Bonds" means bonds, notes (including but not limited to bond anticipation notes, revenue anticipation notes, and grant anticipation notes), warrants, certificates of obligation, interest-bearing contracts, interest-bearing leases of property, commercial paper, and any obligation issued to refund any of the foregoing.
(3) 
"Maintenance Facilities" means and includes workshops and service facilities, storage, and facilities determined by the Board to be required in connection with the operation of the System.
(4) 
"Maintenance and Operating Expenses" means all expenses of operating and maintaining the System and the Board.
(5) 
"Revenues" means all income, receipts, collections, and revenues of every nature derived or received by, or to be derived or received by, or pledged to, the Board from any source and whether from the operation and ownership of the System or otherwise. "Revenues" does not mean restricted gifts or grants.
(6) 
"Right-of-Way" means a right of passage over property; a strip of land in length and width found required, necessary, or convenient by the Board over, on, or under which the System or any part thereof is or is to be constructed or acquired; any or all in any combination.
(7) 
"System" means all properties, rights and interests now or hereafter owned in whole or in part by the City and used in connection with the generation, transmission, or distribution of electric power, including customer and energy services, the provision of cable television, internet access, or other purposes permitted by law, including all present and future additions, extensions, replacements, and improvements thereto.
(Prop. No. 32, 2000; Prop. No. 16, 2005; Prop. No. 28, 2013)
Any provision contained in this article which is contrary to law at the time of the election to adopt this charter shall thereafter become effective if state law either recognizes or makes provision for the Board to exercise such power.
Amendments contained in this article, other than the amendments contained in Section 147 of this article, shall be effective in accordance with their terms, upon adoption of this amendment.
Amendments contained in Section 147 of this article to the charter of the City of Greenville shall become effective and operative upon the later to occur of all of the following events: (a) this charter amendment has been approved at an election held for the purpose, (b) state law recognizes or makes provision for the Board not inconsistent with the provisions hereof, (c) all outstanding obligations which are payable in whole or in part from the net revenues of the System have been paid or provision has been made for their payment (as to principal and interest), (d) a Master Ordinance, as defined in Section 146, has been adopted and (e) all other obligations of the city, payable in whole or in part, from the revenues of the System (and not covered in item (c) above) have been assumed by the Board.
(Prop. No. 1, 1988)