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HomeMy WebLinkAbout07097 ORD - 12/04/196312 -2 -63 AN ORDINANCE AUTHORIZING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT WITH CENTRAL POWER AND LIGHT COMPANY TO FURNISH ELECTRICAL SERVICE TO COMMERCIAL BOAT SLIP TENANTS AT THE PEOPLES STREET T -HEAD, IN ACCORDANCE WITH THE TERMS OF SAID AGREEMENT, A COPY OF WHICH 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 I. THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO E XECUTE AN AGREEMENT WITH CENTRAL POWER AND LIGHT COMPANY TO FURNISH I. ELECTRICAL SERVICE TO COMMERCIAL BOAT SLIP TENANTS AT THE PEOPLES STREET T -HEAD, IN ACCORDANCE WITH THE TERMS OF SAID AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF'. SECTION 2. THE NECESSITY TO ENTER INTO THE AFORESAID AGREEMENT AS PROMPTLY AS POSSIBLE TO PROVIDE ELECTRICAL SERVICE TO COMMERCIAL BOAT SLIP TENANTS AT THE PEOPLES STREET T -HEAD CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE 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 t HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM A AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE DAY OF DECEMBER, I963. ATTE CITY SECRETARY APPROVED AS TO LEGAL FORM (IS _DAY OF DECEMBER, I963: CITY ATTORNEY t b}A R THE CITY OF CORPUS CHRISTI, TEXAS 7097 f , i• , •, .. f' — inn ' . iTHE STATE OF TEXAS (COUNTY OF NUECES WHEREAS, the City of Corpus Christi, Texas, herein- after called "City ", takes electric power and energy from Central Power and Light Company, hereinafter called "Company ", under a written contract between the parties dated May 28, 1956, at a point of connection and delivery on the Peoples Street T -Head in ,Corpus Christi, Texas, hereinafter referred to as "primary meter- ing point "; and_ iWHEREAS, such City owns and operates secondary electrical facilities on said T -Head connected to such primary metering point land furnishes from said facilities electric power and energy to fits boat.slip tenants of the Corpus Christi Marina; and I . WHEREAS, such City on October 9, 1963, adopted Ordinance ' No. 7045 which provides in Section 9 -56A that electricity may be fused from the wiring connections of the City by its slip tenants I !whose boats are for private use, hereinafter called "private - tenants ", and that its slip tenants whose boats are used for com- mercial use or for carrying freight or passengers, hereinafter Icalled "commercial tenants ", shall obtain their own source of I ;electricity at their own expense; and WHEREAS, such City has requested Company to furnish (electricity to the commercial tenants of City, and Company is !willing to do so; NOW, THEREFORE, in consideration of the premises and lother good and valuable considerations it is agreed by and between Ithe parties hereto, as follows: 1. The Company shall have the right to use City's existing secondary electrical facilities and any extension thereof on said T -Head in connection with furnishing electric service to the commercial tenants of the City. The City will also use its secondary'electrical facilities in connection with furnishing electric service to its private tenants. 1 i r jI 2. The City shall maintain its said secondary electrical' facilities at its own expense. I k� 3. Company agrees to furnish the City meter enclosures • to be installed by the City at its expense on the connection { boxes of the City's secondary electrical system at or near the boat slips of said commercial tenants. At the'time these I meter enclosures are installed, the City agrees to furnish jlµ and install meter loops and connections. The Company agrees, r j' when said meter enclosures, meter loops and connections are lY installed, to furnish and install meters, hereinafter called i submeters, and connect same to the City's existing secondary i I electrical facilities. r 4. Company agrees to--maintain at its own expense the j submeters and meter enclosures installed under this agree - ment. 5. Company agrees to furnish the commercial tenants of 1 the City electric power and energy under its standard agree- ment and upon its standard terms and conditions and at the rate applicable for such electric service. In connection I with furnishing the City and said commercial tenants electric , power and energy, the Company agrees to read the City's meter at-said primary metering point and the submeters installed for said commercial tenants on the same day. In computing the bill for the electric power and energy furnished the City under said contract, Company will deduct the combined total of kilowatt hours registered on said submeters and bill the City for the balance in accordance with the applicable rate. The Company will bill direct said commercial tenants for the electric power and energy furnished them. 6. Except as specifically modified herein, said contract by.and between the City and the Company dated May 28, 1956, shall continue in force and effect as written. 7. The term of this agreement shall begin on the day of , 1963, or•upon such earlier date -2- j ? as service shall be furnished by the Company to said com- mercial tenants, and shall continue in force and effect for one year'and thereafter until cancelled by thirty (30) days$ written notice by either party to the other. IN TESTIMONY WHEREOF the parties hereto have caused " I this instrument to be executed in duplicate originals this the day of , 1g63,. _ i CITY OF CORPUS CHRISTI, TEXAS BY ATTEST: City Manager _ j City Secretary APPROVED AS TO LEGAL FORM: f City Attorney • I . I CENTRAL POWER AND LIGHT COMPANY r BY ATTEST: Vice President Secretary -3- CORPUS CHRISTI, TEXAS 4. AY OF �o TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION 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 REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO- DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, THE CITY OF CORPUS CHRISTI, TEXAS. THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JAMES L. BARNARD C JAMES H. YOUNG JACK R. BLACKMON ac, JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS t Q W. H. WALLACE, JR. _ THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOW: JAMES L. BARNARD JAMES H. YOUNG iz JACK R. BLACKMON Q.-c JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS AL t W. H. WALLACE, JR. L