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HomeMy WebLinkAbout05652 ORD - 01/20/1960IMS:.IKH :1 -20 -60 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT FOR STREET LIGHTING SERVICE WITH CENTRAL POWER AND LIGHT COMPANY, A COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF, FOR A PERIOD OF FIVE (5 YEARS, FROM NOVEMBER 23, 1959; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A SUPPLEMENTAL AGREEMENT CHANGING AND MODIFYING THE CONTRACT DATED NOVEMIER 12, 1258, FOR THE MAINTENANCE AND OPERATION OF A FREEWAY LIGHTING SYSTEM, A COPY OF WHICH SUPPLEMENTAL AGREEMENT IS ATTACHED_ HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH CENTRAL POWER AND LIGHT COMPANY FOR STREET LIGHTING SERVICE FOR A PERIOD OF FIVE YEARS FROM NOVEMBER 23, 1959, A COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THAT THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE A SUPPLEMENTAL AGREEMENT WITH CENTRAL POWER AND LIGHT COMPANY CHANGING AND MODIFYING THE CONTRACT DATED NOVEMBER 12, 1958, FOR THE MAINTENANCE AND OPERATION OF A FREEWAY LIGHTING SYSTEM, A COPY OF WHICH SUPPLEMENTAL AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 3. THE NECESSITY TO EXECUTE THE CONTRACT AND SUPPLEMENTAL AGREEMENT AS HEREINABOVE DESCRIBED CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPEN- SION OF THE CHARTER RULE THAT NO ORI]NANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF THE SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT THIS ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND 5652 • AFTER ITS PASSAG IT IS ACCORDINGLY PASSED AND APPROVED, THIS THE 010 DAY OF GJv� , 1960. ATTEST: AP OVED AS TO LEGAL FORM THIS p DAY OF JANUARY, 1960: • No. CENTRAL POWER AND LIGHT COMPANY CONTRACT FOR STREET LIGHTING SERVICE THIS AGREEMENT this day made and entered into by and between Central Power and Light Com- pany, a Texas corporation, hereinafter called "Company", and _. the City of Comas Christi hereinafter called "Customer ", WITNESSETH: 1. Company will furnish to Customer electrical energy and street lighting service for the operation of the following street lights at locations indicated on the attached Exhibit "A ": Number Lamps f f Lamm cf Owned WOOD POLE MOUNTED BRACKETS _lalaa,descent 25. Q..Luman __. 30 Incandescent 4000 Lumen 170 Incandescent 6000 Lumen 8 Sodium Vapor 10,000 Lumen Company Company Company Company 619 _Mercury Vapor 20,_000) en company 13 Incandescent 2500 Lumen Customer WEITEWAY STANDARDS Company Company Ccanpany Company Company Company 59 „ Lcandescent 3500 ,.,. .S,g apy Company 12 ancandescent Wk._ _ .,,_,_Customrer Campa.y 14 nasig .n iw .01/I .._..._._ G any —.r.. _.._. _Catup any ...__.9____ C..o.ury Vapor 2.4.49.2.».__ __,_,Customer Spumy__ 500 Mercury Vapor. 20000 Company Company •lnarmdesaeat Memory Vapor or Fluorosoent. provided that the cost of installation of each lamp, including wooden pole mounted brackets or whiteway standards and the required circuit installed by the Company, is not more than the amount therefor shown below: WOODEN POLE MOUNTED BRACKETS WEITEWAY STANDMDS Type Lamp Amount Type Lan* Amount Incandescent $ 80.00 Incandescent $230.00 Mercury Vapor 150.00 Mercury Vapor 300.00 Fluorescent 400.00 Fluorescent 550.00 • However, Customer may pay Company that portion of the installation cost of each lamp in excess of the amount shown above and, upon such payment, Company will furnish such electrical energy and sweet light service for the operation of said street lights. Such payment by Customer shall be non - refundable and Customer shall not acquire any title in and to said facilities by reason of such payment. This provision shall also apply to the furnishing of additional street light service provided for below under Paragraph 2. 2. Company agrees to furnish, under the terms and conditions hereof, such additional street light service as Customer may require and request during the term of this agreement, but shall not be obligated to install additional lamps where such installation would render useless any existing facilities provided by Company under this contract or if all lamps previously installed by Company under this contract are not in operation. 3. All street lights furnished and served by Company hereunder shall burn from dusk of each day until dawn of the following day. 4. Company will bill Customer at intervals of approximately one month for electrical energy and street lighting service furnished hereunder at the rate prescribed in Company's Rate Schedule MS-6, copy of which is hereto appended and made a part hereof. 5. The Company will not be liable to any person, firm or corporation not a party to this contract for or on account of damages resulting from interruption or inadequacy of service furnished hereunder. The Company will exercise all reasonable diligence to furnish Customer at all times service as herein con- tracted for, but will not be liable in damages for any interruption, deficiency or failure of service, except that the Company agrees to make deductions for outages as provided below. The Company reserves the right to interrupt the service when such interruption is necessary for repairs to its lights and equipment. Company will allow Customer rebates on monthly bills for outages of street lights upon the following conditions, to -wit: 6. If an outage of a street light maintained by Company under this contract occurs, Customer shall notify the Company promptly at its nearest office of such outage and Company will be allowed one work- ing day, defined as being between 10 A. M. and dusk of any day other than a Sunday or holiday, after such outage has been so reported in which to restore the lamp to service. If Company fails to restore any lamp which it is obligated to maintain to service within one working day after official notice from Customer of the outage, Customer shall be entitled to a credit for the pro rata cost or charge by Company for such lamp for the period of time it remained out ubsequent to the expiration of one working day after official notice of the outage. 7. Customer will take from Company the electrical energy and street lighting service described in Paragraph 1, above, and such additional street lighting services as Customer may require during the term hereof, and, within ten days of date of bill therefor, pay for such electrical energy and service, at the rate prescribed in Company's Rate. Schedule MS-6. . . 8. Customer,, at its own cost and expense, will furnish Company all rights of way, permits, easements . and franchises necessary for the performance of this agreement. 9. If, during the tercet of this agreement, or any extension thereof, a lower rate is made available by Company for street lighting service, Customer shall receive the benefit of such lower rate, and bills here - under will be computed and rendered by Company and paid by Customer at such lower rate. 1 10. Past due bills shall bear interest at the rate of six percent (6 %) per annum. If Customer shall default in any payment due hereunder, Company, at its option, after twenty days written notice to Cus- tomer, may discontinue service until payment is made, provided, the exercise by Company of this right shall not lessen or change Customer's obligations hereunder nor affect the amount which shall become due and payable hereunder to Company by Customer. 11. This agreement may not be assigned without the written consent of Company. 12. Waiver of one or more defaults shall not be considered a waiver of any other or subsequent defaults. 13. This agreement supercedes and cancels all prior agreements, representations, promises and induce- ments, written or verbal, made with respect to the matters herein contained. No modification of any pro- vision of this agreement shall be binding unless reduced to writing and signed by authorized officers of the parties hereto. 14. This agreement shall remain in effect for a term of five years commencing on day of November , 19..59 , and thereafter from year to year, unless and until terminated by written notice from either patty to the other at Least ninety (90) days prior to the expiration date or any other subsequent anniversary date. IN TESTIMONY WHEREOF the parties hereto have caused this agreement to be executed in quad- ruplicate this day of , 19 A•rrrsT oa WITNESS (SEAL) WrrNrss: (Name of Customer). _.._._..._..._._._.. - B y — — Clerk or Secretary Title CENTRAL POWER AND LIGHT COMPANY By Vice President (Company) STREET LIGHTING SERVICE BATE SCHEDULE MS-6 AVAII.ABIL TY Available only under contract for street lighting service on public streets and highways and in public parks by means of lamps installed in, (a) overhead fixtures supported by poles of the Company's existing distribution system, or (b) whiteway standards or ornamental brackets conforming to standard specifications and mutually satisfactory to both the Customer and the Company.LLamps may be sup - plied from either series or multiple sytsems and from overhead or underground circuit at the option of the Company Service includes maintenance, lamp renewal and energy; except that where the system is owned, operated and maintained by the Customer, service includes energy only. NET MONTHLY BATE Incandescent LAMP -SiZE— (Lamers) COMPANY OWNED CUSTOMER OWNED (Wldtewny Only) (Operated and Mntntelned) WOOD POLE Company Operated Customer Operated BRACKETS WffiTEWAY andMaintained• and Maintained 1000 $1.00 $ $ 2500 1.40 2.25 1.00 0.50 4000 1.65 2.50 1.20 0.70 6000 2.10. 3.00 1.65 1.00 10000 3.00 3.75 2.30 1.60 Mercury Vapor LAMP 8122.— (Lmneae) 10000 $3.25 $4.00 $2.50 $0.75 20000 3.50 4.25 2.75 1.10 Fluorescent LAMP S E (L —em;) and TYPE 20000 (2-72 inch Lampe) (1500 MRRamp) $7.50 $8.50 $3.00 $1.10 *In case of Customer owned and Company maintained whiteway lights, the Company shall not be required to renew or replace underground cable, ornamental standards, brackets, or lumenaire. PPP- PIA:MENTA, AGREENENT wxmaihs, the parties hereto desire to change and modify► the contract by and between them dated November 12, 19580 for . !' the operation and maintenance of a freeway lighting system in the City of Corpus Christi and the furnishing of' electric ''energy in connection therewith, all as described and set out in said contzact; NOW., THEREFORE, said parties hereby agree and stipulate that: said Contrast J.15 hereby changed and modified as foliose: 1. „Tie <number of mercury vapor lamps in Project No. 1 shall consist of 246 individual units mounted on aluminum asandar4e; or brides Structures; and 2. The rate, net out in the first unnumbered para- graph of Paragraph 3 of said contrast which includes payment for furnishing the electric energy ark maintenance ©e the luminaire and relays, including replacement of lamps and ballast neceaeary as a result of ordinary wear and deterioatian shall be $2.75 per mercury vapor unit per month and $3.0Q per 'rluorea ent unit per nth. - E cept as modified herein, said contrast dated November 12; 1958, aba.13 remain in force and effect as written, 'Executed in duplicate origin. thin day of November, 1959, commencing on the day of , 19 CENTRAL PO1?i ANB LZWf COMPAN . By ATTTz dice - President Secretary CITY Op CORMS_ CHRISTI, : T - C ltar `tac,er City Secretary APPROVED AS TO TEAL man TES AV OP NOVEMBER, 1959 tolty ttorxra STATii, TOM,: C �8 exec► for tip eteeet at a tLvaf tit _:orders, oa tes, Or work ► ere o q.'.. ved Uri Ur au r tiQS omt.er:... • .• CORPUS CHRISTI TEXAS A® DAY OF s 19i° TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCES A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE. SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLU- TION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFORE HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIRE- MENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, YOR THE CITY THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: ELLROY KING JAMES L. BARNARD i' MRS. RAY AIRHEART/ JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR./— THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTES ELLROY KING 7 JAMES L. BARNARD MRS. RAY AIRHEART I JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZAN0, SR. or TI, TEXAS