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HomeMy WebLinkAbout07995 ORD - 04/27/1966JKH:4 -25 -66 .. TEXAS: AN ORDINANCE AN ORDINANCE APPROVING AND ACCEPTING THE CONTRACT OFFERED BY CENTRAL POWER AND LIGHT COMPANY TO COVER FURN- SUING ELECTRIC SERVICE TO THE CITY FOR SEWAGE PUMPING, AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND DELIVER SAID CONTRACT ON BEHALF OF THE CITY; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. THAT THE CONTRACT OFFERED BY CENTRAL POWER AND LIGHT COMPANY AND NOW BEFORE THIS BODY TO COVER THE FURNISHING OF ELECTRIC s SERVICE TO THIS CITY FOR SEWER PUMPING AT LOCATIONS LISTED IN EXHIBIT "A" AND EXHIBIT "Bn OF CONTRACT NO. 6001 IS APPROVED AND ACCEPTED AND THE CITY MANAGER IS AUTHORIZED AND DIRECTED TO EXECUTE AND DELIVER SUCH CONTRACT FOR AND ON BEHALF OF THE CITY. SECTION 2. THE NECESSITY TO APPROVE AND ACCEPT THE CONTRACT HEREINABOVE REFERRED TO, AND TO AUTHORIZE THE CITY MANAGER TO EXECUTE AND DELIVER SUCH CONTRACT SO THAT ELECTRICAL SERVICE FOR SEWER PUMPING IN THE CITY OF CORPUS CHRISTI MAY BE SUPPLIED BY THE CENTRAL POWER AND LIGHT COMPANY CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLU- TION 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 THAT SUCH EMERGENCY AND NECESSITY EXIST, HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER TS KASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE�DAY OF , 1966. ATT CITY SECRE A Y,j' MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED AS TO EGAL FORM THIS D^/AY OF APRIL, 1966: CITY ATTORNEY r, at ,. 7995 CP,280 1_65 ELECTRIC SERVICE CONTRACT 6001 THIS AGREEMENT this day made and entered into by and between Central Power and Light Company, a Texas corporation, hereinafter called Company, and City of Corpus Christi hereinafter called Customer, WITNESSETH. 1. The Company agrees to furnish and deliver electric power and energy to the Customer at a point of delivery described as being the point where the electric energy first leaves the line or apparatus owned by Company and enters the line or apparatus owned by Customer, located at or near Locations shown on Exhibit "Aft ' Exhibit A Texas, up to tilowatts, herein called o0nneoted load for the operation of the following equipment upon Customer's premises at said location: Single and three phase electric 2ower for sewage Pumping and disposal plants. <. lne uusromer agrees, unless the rate schedule specified provides otherwise, to use electric energy exclusively for the operation of the equipment referred to in Paragraph 1 above and to take from Company hereunder Customer's full requirements of electric power and energy for the operation of said equipment, and to pay Company for same on or before the 10th day after the date bill is rendered each month at Company's local office located nearest to point of delivery of electric energy hereunder upon the basis of and in accordance with Rate Schedule No IMP-7 attached hereto and incorporated herein by reference. It is agreed that, for the purposes of billing for service and energy furnished hereunder, Customer's maximum demand shall in no case be considered less than --see 3qaa a . horsepower. 3. The electric service furnished hereunder shall be supplied at required volts, (metered at required 1 and /or 3 volt3), phase, approximately 60 cycles, with reasonable variations in voltage and cycles to be allowed. 4. Attached hereto and made a part hereof by reference are the following: Company's Standard Terms and Conditions of Service. List of service locations Exhibit "Alt ` Future service agreement Exhibit "B" 5. This agreement cancels and supersedes all prior agreements between Company and Customer, for the service herein described, and all representations, promises, or other inducements, written or verbal, made with respect to the matters herein con- tained. It is subject to all laws and governmental regulations and Is not binding upon Company unless and until signed by an authorized representative of Company, and no modification or alteration hereof shall be binding unless reduced to writing and signed by the parties hereto. The term of this agreement shall begin on March 22 66 r _—, 19.:Z—, or upon such earlier date as service shall be furnished to Customer hereunder at the request of Customer and shall continue unless terminated as Provided for herein until Karoh 22 '19 71 , and thereafter until cancelled by thirty (30) days written notice by either party to the other, and shall bind and benefit the respective successors and assigns of Company and Customer, provided, it may not be assigned by Customer without the written permission of Company. WITNESS our hands to quadruplicate copies hereof, this the _day of 19_ WITNESS: City of Corpus Christi Customer WITNESS: CENTRAL POWER AND LIGHT COMPANY By Vice President (Company) 4— APRIL 1966 LIST OF SERVICE LOCATIONS UNDER MGP -7 SVfn PMPING HOraspower Account No. 7.oaatlo-n Tsoe of Connection Connected 0252 999010 -1 Kinney & Chaparral Sewer Lift Pump 13 0252 999014.1 207 Kinney (Shoreline & Kinney) Storm Suer Pump 75 0252 999034 -1 222 Laguna (Cooper Alley L Head) Sever Ralift Pump 2 0252 999082 -1 2900 Ocean Dr. & Oleander Hewer Lift PUMP 6 0252 999094 -1 Colorado at Arcadia Sewer Pump 10 0252 999129 -1 706 Everhart Road Sewer Lift Station 320 0252 999143 -1 Cullen Ditch & Adel Sewer Lift Station 5 0252 999178 -1 Cayo Dal Ono Oso Sewer Plant 1200 0252 999160 -1 8102 S. Padre Island Blvd. Sewer Lift Station 10 0252 999183 -1 Thampeon Road Saver Lift Station 20 1/2 0252 999242 -1 Holly & 8ostorys Sewer Lift Station 90 0252 999298 -1 Saratoga & Greenwood Uesteide Sewer Plant 165 0252 999418 -1 12th & Morgan song Pump 20 0252 999527 -1 Allison Road Allison Sewer Plant 426 0252 999929 -1 P -295 M Upriver Road Jaclwon wood Sewer Plant 11 0292 999394-1 Upriver Rd. & McBride Saver Lift 100 0252 999594 -1 201 Bessie - Station A Sewer Lift Pump 60 0252 999602 -1 Avenue B & Biebols Sewer Lift Pump 30 0292 999622.1 1218 B. Mater Bay Pump Station 12 0252 999702 -1 West Broadway Broadway Sewage Plant 315 1/4 0252 999764 -1 Brownlee & Leopard Sevier Lift Pump 6 0252 999774 -1 Buse" Bay Blvd. & Summarm Sewer Lift Pump 6 - MMBIT "g" MRS SERVICE AGR MW MMR M0M U 6001 IM SEWER PIMPING Company agrees to furnishe under the terms and conditions hereof. sueh additional lighting and /or power service of the character as covered herein, as the city may require mod re- quest by letter during the term of this agreement or renewal thereof. Such service shall be installed by wtual agroament and shall be added to and become a part of Exhibit "A" under this contract. Form CP -1455 Rev. 3 -61 TERMS AND CONDITIONS GOVERNING ELECTRIC SERVICE Furnished By CENTRAL POWER AND LIGHT COMPANY Issued lIarch 1, 1961 APPLICATION OR CONTRACT FOR SERVICE: All applications for service, except certain government contracts, shall be made on the Company's standard ap- plication or contract form, and shall be signed by the Cus- tomer and accepted by the Company before service will be supplied by the Company. The Company may refuse any applicant indebted to the Company for service rend- ered at any location until such indebtedness is paid or secured to the satisfaction of the Company. RATES: The rate schedules will be on file in each local office, district office and in the home office of the Company and copies may he obtained by the Customer on request. Company's rates will be applied in accordance with, and subject to the limitations as set out in each rate schedule. All rates are subject to change by any regulatory or gov- ernmental body having legal right to do so and whenever the rate under which a customer is being served is lowered by the Company or changed by any regulatory body, the rate as changed will be applied to the customer's service under. his existing contract. Where it is necessary for the Company to extend its facili- ties to a location in a rural area not presently served, the Company reserves the right to require a minimum bill suff- iciently large to justify the additional investment necessary. OPTIONAL RATES: When more than one rate is available, the conditions and circumstances under which each of such rates is available are explained in the published rate schedules, and the selec- tion of a rate from those available lies with and is the re- sponsibility of the Customer. The Company will at the request of the Customer, advise with and explain to Customer the conditions under which each rate is available and its application to the service re- quirements of Customer, but the Company will not he resnon- sible for any failure of the Customer to select the rate which will continue to be the lowest or most favorable to the Customer, and will not be responsible for Customer being mr- ved under the most favorable rate at all times. The Company will not make refunds due to the difference, if any, between the amount of charges under a rate selected or agreed upon by a Customer and the amount the charges would have been under any other available rate. A Customer, having selected or agreed to a rate, will not be entitled to a different rate available for his service unless and until he requests it in writing, dnd may not change to another available rate within the next succeeding twelve months period unless there is a substantial change in the character or condition of his operations and the service lased by him. MONTHLY BILLS: Bills for service will be rendered monthly unless otherwise specified. The term "month" for billing purposes shall mean the period between any two consecutive readings of the me- ters by the Company, such readings to be taken as near as practicable every thirty days. Monthly bills are due when rendered and are payable, un- less otherwise specified, on or before the date shown on the face of the bill, at Company's local Office located nearest to Point of delivery of the electric energy. Bills not paid by this date are in default and service may be discontinued for such default. Failure to receive a bill in no way exempts a Customer from payment of bills or the provisions of these Terms and Conditions. When the Company is unable to read a meter after reason- able effort, the Customer will be billed at the average of the last three previous monthly bills and the billing adjusted when the meter is read. SECURITY FOR PAYMENT OF BILLS AND PERFORMANCE OF OTHER OBLIGATIONS BY CUSTOMER: Customer shall upon request by Comp bills deposit wing and Company as security for the payment to become owing and without limitation by such state- ment, as security also for the performance of al all obligations of the Customer, a sum of money equ average monthly bills for service furnished or to he furn- ished, as estimated by Company. In case Customer's bills for any two consecutive monthly billing periods of normal operation actually prove to exceed appreciably the amount of the deposit, Company, may at its option, require Custo- mer to deposit an additional amount of money sufficient to make the total amount on deposit with Companv equal to the amount of bills for said two consecutive months, and Customer agrees in such case to so deposit with Company such additional amount of money. CUSTOMER'S SERVICE ENTRANCE, METERING AND TESTING OF METERS: Customer shall provide a point of connection on his premises or building (where there is an overhead distri- bution system) sufficiently high above ground level that the clearance required by the National Electrical Code can be maintained as to the service extension. Customer shall provide at a point on his premises, to be mutually agreed upon, a suitable location for the in- stallation of meters and such other equipment as Company may deem necessary to enable it to deliver power and energy hereunder, and properly protect the Company's Property on Customer's premises and permit no one to inspect or tamper with the Company's wirings, meters, apparatus and equipment, except the Company agents and persons authorized by law to do so. All bills will be calculated upon the registration of said meter or meters. Customer's service entrance shall be so arranged that the Company can measure the Customer's entire electric ser- vice with one meter unless otherwise specified in the rate schedule. Should any meter fail to register, the electric power and energy delivered during the period of failure shall for billing purposes, be estimated from the best information available. Maximum Demand: The maximum demand supplied to the Customer where needed to be known in the computa- tion of bills shall be determined by a standard approved type of demand meter and the readings of said meter shall be conclusive as to the maximum demand, unless upon being tested, said meter shall be found to register inac- curately and its error shall exceed three per cent (3 %). Amount of Energy Delivered: The amount of energy supplied to the Customer shall be determined by m e a n s of an integrating watt -hour meter of standard approved type, and the reading thereof shall be deemed conclusive evidence as to the quantity of energy supplied hereunder, unless upon being tested said meter shall be found to register inaccurately and its error shall exceed two per cent (2 %). Testing of Demand and /or Watt -hour Meters: Meters will be tested as reasonably necessary, and whenever any test shall show either meter to be registering in error be- yond the limits specified, such meter shall be adjusted within the limits of error so specified and whenever said (Over) meters are so adjusted, the readings thereof shall be cor- MOTOR INSTALLATIONS: rected, and payment be made accordingly. No such cor- rections shall be made, as to any bill rendered by the Company, unless requested before the expiration of the calendar month next succeeding the month in which such readings were made. MAINTENANCE OF ELECTRICAL EQUIPMENT ON CUSTOMER'S PREMISES AND RESPONSIBILITY FOR INJURIES AND DAMAGE THEREFROM: Customer shall maintain adequate protective equipment in good operating condition on his equipment and other- wise install and maintain his electrical equipment in an entirely safe and efficient manner and in full compliance with all laws and local ordinances and the National Elec- tric Code and the rules and regulations of the Company in effect at any time. Customer shall provide, free of cost to Company, all rights -of -way on and over Customer's premises for the extension and furnishing of service by Company. The duly authorized agents of the Company shall have free access at all reasonable hours to the premises of the Customer for the purpose of inspect- ing wiring, apparatus and equipment, removing the Com- pany's property, reading meters, and for other purposes incident to the furnishing of service. The Company d o e s not, however, assume any duty of inspecting the Customer's wiring, apparatus, machinery or equipment, and will not be responsible therefor, and it is particularly understood that the Customer assumes full responsibility for electric energy furnished to him at and past the Point of Delivery, described as being the point where the electric energy first leaves the line provided and owned by Company and enters the line provided and /or owned by customer, and shall protect and save harmless the Company from all claims for injuries and damages to persons and property occuring upon the prem- ises of Customer except where it is shown that the negli- gence of the Company or its agent or agents was the sole Proximate cause of such injury or damage. LIMITATION OF LIABILITY OF COMPANY FOR INJURIES AND DAMAGE: The Company will not be responsible or liable for injuries, and /or damages caused by or resulting from failure to fur- nish electric energy and service of any kind and amount con- tracted for and /or for injuries and damages resulting from the performance or non - performance of any acts or things by Company required of it in or anywise connected with the furnishing of energy and service by Company, unless It be shown that the negligence of the Company or its agent or agents was the sole proximate cause of the injury or dam- age complained of. EXCLUSIVE SERVICE ON INSTALLATION CONNECTED: Except in cases where the Customer has a contract with the Company for reserve or auxiliary service, no other source of electricity or power shall be used by the Customer on the same installation in conjunction with the Company's service, either by means of a throw -over switch or any other connec- tion. LOADS IMPAIRING OTHER CUSTOMER'S SERVICE: Certain types of equipment used by Customers have elec- trical characteristics which, may cause serious fluctuations of voltage and interfere with the service of the Company to its other Customers. In such cases the Company may decline to serve such equipment under the Company's established rate schedule until the Customer having such equipment, has provided at his expense, suitable apparatus to hold to reasonable limits the effect of such fluctuations. Some loads may require separate service, and in such event, the Com- pany may meter and bill such service separately from other service supplied to the Customer. Unless otherwise agreed upon by authorized represen- tatives of the Company and the Customer prior to installa- tion all motor installations shall be as follows: (a) All motors of 5 horsepower rating or less shall he single - phase, unless three phase service is available at the premises and can be furnished without additional cost to the Company or is provided under the following section en- titled "Extension of service to Residential and Commercial Customers". (b) All motors of more than 5 horsepower rating shall be three - phase. (c) Company reserves the right to require the installat- ion of, (1) reduced voltage starting equipment and (2) a low voltage release attachment, on all motors with a rated capacity of 7% horsepower or more. (d) 115 volt single phase motorized equipment designed for general use shall be equipped with motors having locked - rotor currents at rated voltage not to exceed 40 amperes at 115 volts and shall have a rated capacity not exceeding % horsepower. Where customers are served from the Company's overhead distribution system; Company will, upon request, extend without charge a third wire service drop for render- ing 115/230 volt, 3 wire single phase service. GASEOUS TUBE LIGHTING DEVICES: With the installation of neon lamps, mercury vapor lamps, fluorescent lamps, and other gaseous tube lamps or lighting devices having low power factor, the CUSTOMER shall pro- vide, at his own expense, power factor corrective equipment which will maintain the power factor of each such device at not less than ninety per cent (90 %). Corrective equip- ment will be installed in the circuit between the light- ing devices and the switch controlling the devices, in such manner that the corrective equipment will operate only when lighting devices are operated. EXTENSION OF SERVICE TO RESIDENTIAL AND COMMERCIAL CUSTOMERS: Service will be extended and supplied to each customer, if in an area served with an overhead distribution system by a standard type of overhead service extension and, R in an area served by an underground distribution system, by a standard type of underground service connection at the secondary service box in the Company's underground system. Three phase service, where available, will be extended to Residential and Commercial Customers on the following bas- is: (a) The Company will install the transformer, overhead service wires and meter without cost to the Customer. (b) Where three phase service is available within 300 feet of the Company's distribution pole to which the Customer'a service is connected the extension will be made without cost to the Customer, providing the Customer has at least 5 bores- power connected in 3 phase motor load. If the Customer's con- nected load is less than 5 horsepower in 3 phase motors the Customer will be required to pay the cost of the extension up to $50.00, exclusive of transformer, service wires and meters. (c) Where three phase service is over 300 feet from the Company's distribution pole to which the Customer's service is connected, a Customer having 5 horsepower or more in 3 phase motor load must pay that portion of the cost of the extension which is beyond 300 feet and a Customer who has less than 5 horsepower connected in 3 phase motor load must pay $50.00 plus that portion of the cost of extension which is beyond 300 feet, exclusive of transformer, service wires and meters. AGENTS CANNOT MODIFY: No agent has authority to amend, modify, alter or waive any of these Terms and Conditions. CORPUS CHRISTI, TEXAS DAY OF /� A. D i �9• 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 15 INTRO - DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: DR. MCIVER FURMAN JACK BLACKMON PATRICK J. DUNNE DR. P. JIMENEZ, JR. KEN MCDANIEL RONNIE SIZEMORE WM. H. WALLACE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: DR. MCIVER FURMAN JACK BLACKMON PATRICK J. DUNNE DR. P. JIMENEZ, JR. KEN MCDANIEL . RONNIE SIZEMORE WM. H. WALLACE