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HomeMy WebLinkAbout02703 ORD - 02/07/1950AN ORDINANCE AUTHORIZING THE CITY MANAGES TO EXECUTE AND DELIVER FOR AND ON BEHALF OF THE CITY CONTRACTS WTTH TIM CENTRAL POWER AND LIGHT COMPANY FOR THE FURNISHING OF STREET LIGHTING SERVICE AND LIGHT AHD POWER SER- VICE FOR MUNICIPAL PURPOSES IN ACCORDANCE WITH THE TERMS OF THS CONTRACTS WHICH ARE ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN.EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXASs SECTION I. The City Manager of the City of Corpus Chriati, Texas, is hereby authorised and directed to execute and deliver for and on behalf of the City of Corpus Christi contracts with the Central Power and Light Company for the Banishing of street lighting service and light and power service for municipal purposes in accordance with the terme of the contracts, copies of which are attached hereto, made a part hereof, and read as follows �F a�� 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 Company, a Texas corporation, hereinafter called "Cq;mpcny," and hereinafter called "Municipality," WITNESSETH: Section 2. Company agrees to furnish, under the terms and conditions hereof, such additional street lighting service as Municipality may require and request during the term of this agreement or any re- newal thereof, but shall not be obligated to install additional lamp or lamps: (a) where such installation would render useless any existing facilities already provided by Company under this contract or if all lamps previously installed by Company under this contract are not in operation, or (b) in the case of bracket type lamps, where the cost of installation of each additional lamp, including the required circuit, is more than three times the annual revenue to be derived by Company from said additional lamp or more than the cost of extending the street lighting circuit for distance of Three Hundred feet, whichever amount is greater, or, (c) in the case of whiteway standards, where the cost of installation of each additional lamp, including the required circuit, is more than four times the annual revenue to be ARTICLE I Section 1. Company will furnish to Municipality electrical energy and street lighting service for the ope- ration of the following street lights within said municipality at locations as indicated on map or chart attach- ed as Exhibit "A ": Number of Size of Owned Maintained Lampe Lamps by by OVERHEAD BRACKET TYPE Company Company mo o Company Company 60 Q Company Company Company Company Company WHITEWAY STANDARDS 4500 4p _ so at Section 2. Company agrees to furnish, under the terms and conditions hereof, such additional street lighting service as Municipality may require and request during the term of this agreement or any re- newal thereof, but shall not be obligated to install additional lamp or lamps: (a) where such installation would render useless any existing facilities already provided by Company under this contract or if all lamps previously installed by Company under this contract are not in operation, or (b) in the case of bracket type lamps, where the cost of installation of each additional lamp, including the required circuit, is more than three times the annual revenue to be derived by Company from said additional lamp or more than the cost of extending the street lighting circuit for distance of Three Hundred feet, whichever amount is greater, or, (c) in the case of whiteway standards, where the cost of installation of each additional lamp, including the required circuit, is more than four times the annual revenue to be derived by Company from gwk rrddtilgm 1 'lamp iw more. �aan 'the cost W extending the street lighting circuit a distance of One Hundred and Sixty feet, whichever is greater. Municipality, however, may pay to Company that portion mf 'the lvtcd inubiltrMn cost mf -aach Jwap Which as in excess of the above amount and, upon such payment, Company will be obligated to furnish the additional service. Such payment or contribution shall be non - refundable and Municipality shall not acquire any title in curd to the fa- mWies by ;reason of such payment. 'Section 3. All street lights furnished and served by Company 'hereunder shall burn Prom dusk of each day until dawn of the following day. Section 4. Company will bill Municipality at intervals of approximately one month for electrical en- ergy and street lighting service furnished hereunder at the rate prescribed in Company's Rate Schedule MS-5, copy of which is hereto .appended and :made a part hereof. Section 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 ail reasonable diligence 3a furnish Municipality'at all times serv- ice as herein contracted for, but will not be liable in damages for any interruption, deficiency or failure of service, except that the Company agrees to make deductians 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 Municipality rebates on monthly bills for outages of street lights upon the following conditions, to -wit: If an outage Af :a street light maintained by Company under this contract occurs Municipality shall notify the Company promptly at its nearest office of such outage and Company will be allowed one working day, defined :as being between 10 A. M. and dusk of any day other than a Sunday or a holiday, after such outage has been so reported in which to restore the lamp to service. If Company fails to restore any Imsp v.lrich it is obligated �b imaintain to service within one working day after official notice from Municipality of the outage, Municipality shall be entitled to a credit for the pro rata cost or charge by Company for such lamp far the �pexiod of lime that it remained out subsequent to the expiration of one working day after official notice of the outage. ARTICLE II Section -1. Municipality will take from 'Company the electrical energy and street -lighting service described in Article I, Section 1, above, and such additional street lighting services as Municipality may require in said Uunicipaifty during the 'term 'hereof, and, wtthin'ten days of date of bill'therefor, pay for such electrical energy and service, at the rate prescribed in Company's Rate Schedule MS -5. Section 2. Municipality, at its own cost and expense, will furnish Company all rights of way, per- mits, easements and franchises necessary for the performance of this agreement. ARTI= in 60alion .1.. If, ,during the term of :this agreement, or any extension thereaf.:a .lower &ate its ml de available by Company :for street lighting service, .Municipality shall receive the benefit of such loww rate, and bills hereunder, will be computed and rrendemd by r*mpwy cm9,pold by Municipality at such lower rate. Section 2. Past due bills shall bear interest at the rate of six percent (6 %) per annum. If Municipality shall default in any payment due hereunder, Con xmff., ,rat its option, after twenty days written notice to Municipality, may discontinue service until payment is made, provided, the exercise by Company of this right shall not lessen or change Municipality's obligations hereunder nor affect the amount which shall become due and payable hereunder to Company by Municipality. Section 3. This agreement may not be assigned without the written consent of Comparr . Section 4. Waiver of one or more defaults shall not be considered a waiver of any other or sub -. sequent default. Sewn S. This , agreement supersedes -and .cancels -cdl prior agmements, :reprosenIftmns, Fw®ises and anduaements, written or verbal, :made with respect to dhe motters herein -wed. No moddiramtion of cmy imovision of his agreement shall be binding :urdess reduced to w0ting ;and signed 'ice ,mutimuized officers of the parties hereto. Section 6. This agreement shall .remain in effect ,fora tam of .ten years commencing on fhe 4 - _ day of 940010W ' , 1949, or such later date as any necessary construction is completed and furnishing of service begun, and ending on the 22 _day of 4004*W , re " , and thereafter from year to year, unless and until terminated by written notice from either party to the other at least ninety (90) days prior to the expiration date or any other subsequent anniversary date. TN "TESTIMONY WHEREOF Central Power and Light Company has caused this agreement to 'be ex- ecuted by its duly authorized Vice President, and Municipality has caused the same to be executed in its corporate name by its Mayor and attested with its corporate seal after authorization to do so by resolution or ordinance of its governing body adopted at a meeting called and held in the manner pre- scribed by its Charter, on the day of , 19 —. EXECUTED IN TRIPLICATE this day of , 19_. CENTRAL POWER AND LIGHT 03WAPIY Vice President COMPANY ATTEST: (Corporate Name of Municipality) V City clerk or Secretary NM= City Manager MUNICIPALITY (City Seal) 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 Company, ov Of a Texas corporation, hereinafter called "Company," .ant hereinafter called "Municipality," WITNESSETH: ARTICLE I Section 1. Company will furnish to Municipality electrical energy and street lighting service for the ope- ration of the following street lights within said municipality at locations as indicated on map or chart attach- ed as Exhibit "A": Number °t Lampe Size at Owned - Lampe by Maintained by OVERHEAD BRACKET TYPE Company Company ' 40 CP Company Company 202 60 or Company Company Company Company Company WfIITEWAY STANDARDS 2,001 0 4W or > oqop f fif Section 2. Company agrees to furnish, under the terns and conditions hereof, such additional street lighting service as Municipality may require and request during the term of this agreement or any re- newal thereof, but shall not be obligated to install additional lamp or lamps: (a) where such installation would render useless any existing facilities already provided by Company under this contract or if all lamps previously installed by Company under this contract are not in operation, or (b) in the case of bracket type lamps, where the cost of installation of each additional lamp, including the required circuit, is more than three times the annual revenue to be derived by Company from said additional lamp or more than the cast of extending the street lighting circuit for distance of Three Hundred feet, whichever amount is greater, or, (c) in the case of whiteway standards, where the cost of installation of each additional lamp, including the required circuit, is more than four times the annual revenue to be CP•a &o ELECTRIC SERVICE CONTRACT No 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, WTTNESSETH: 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 Location shown on Ethibit "A" Corpus Christi Texas, up to but not in excess of the full requirements for a total connected load AIR Hthibit "A" kilowatts for the operation of the following equipment upon Customer's premises at said location: Single ant_or three pbaee eauUomt in mmieipai l ± 9Jnga, narks traffic signals eta., each location to be served at one voltage, through one fester and billed separately. 2. The Customer 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 pover and energy for the operation of said equipment, and to pay Company for same on or before the 10th day from the date bill is rendered each month at Company's local office located nearest to point of delivery of electric energy hereunder upon Mbasis of and in accordance with Rate Schedule No Attached hereto and incorporated herein by reference. s 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 REtte Rohedule kilowatts. 3. The electric service furnished hereunder shall be supplied at_1eQ1dX1d volts, (metered at R@Quired volts), 1 and/or 3 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. bast of service locations Mibit "A" Future service agreement >Xhibit e8" b. 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 Deeembsr. 22,` - 194_, 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 December 22 until , 19 � - ,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: CXTT OF GORns of WTI Customer WITNESS: Bye 71 City Bfianager CENTRAL POWER AND LIGHT COMPANY By Vice Presided (Company) EXHIBIT "AR LIST OF SERVICE LOCATIONS UNDER 1 W.4 loft GlGIPs'r3AL SERVICE Control 400 Account Number 10 15 30 50 60 75 80 85 90 95 100 105 110 115 120 125 130 135 340 1.45 165 ISO 215 225 ?30 23,5 245 260 245 270 280 285 290 300 305 390 335 340 353 360 365 373 380 383 Location Ocean Drive & Morgan Cole Park C)so Golf course Pa. Staples & Kostorys S. Staples & Kostorys Alameda & Minnesota Santa Fe & Booty Morgan between 2nd & 3rd 9% Park Avenue South Bluff Park Tanlahuft St. -South Bluff park Park & Caranoahua 511 S. Broadway Caraneahua & Kinney 2D9 S. Garancahun Kinney & S. Staples Agnes & staples Park Ave & S. Staples Staples & Craig Ayers & ;it spl ea BrOMIee & Ayers Ayers & Baldwin Louisiana Ayers & Tarlton lath & Morgan BrWidaes & Morgan Morgan & 12th Morgan & 11th Brownlee & Agnes 1509 Agnes Awes & 19th Goo. Wiggins Pail Park Fort & Ruth Port & Apes Rabbit Run Road 2529 Rabbit Run Bead Cliff Maus Field Cuddihy Field Unit 6117 Caddiby Field Unit 601 Cuddiby Field Unit 696 Caddgw Field Unit 60O CuddIJW Field Unite 673 Cgddihy Fir ld Unit 663 Guddihp Field Unite: 603 Geddihy Field Caddihy Field Type of Connection Signal Light Park Lignite Golf course Traffic Signal Jay0ee0e Pull Park Signal Light Siphi Light Sigel Lights museum Tennis Court Lights Park Lights Sips,! Lights La Retama Librarp signal Lights Fire Station Signal Light Signal Light+, Signal Lighti. signal Light Signal Light Signal Light signal, Light Firs Station Signal Light Signal Light Signal Light Cothodie P'roteetiom Firs station Signal Light Comfort station signal Light Soft Ball Park Signal Light signal Light Inoenevator Resi Control 400 Aopowuat Number Location 400 405 415 425 430 454 455 460 470 475 480 485 510 501 503 505 515 520 525 530 535 540 545 550 555 560 575 590 600 605 610 615 620 625 630 635 640 645 647 650 655 670 675 680 685 Shell Rd. & Erwin Oast Park Rebstowrn Rd. & Shell 706 Nueoss Bay Blvd Leopard & Nueces Bay Leopard & Palm Dr, Shell Rd. &.Palm Dr. 405 Palm Dr. 1525 Kennedy Antelope & ''ort Port, Comanche & Parr Ben Garza Park Massstt St Howard St Howard & Culberson Brovaee & Mussett 1608 Howard 1902 Howard 318 Calberson am Garza - Masson Brownlee, & Comanche Sae Rankin & %stina Sam Rankin & Mestim San Rankin & Destine Sam Rankin & Mestina Last & Mestina staples & Comanche Lipan & Carancahus Leopard & Carancahua 416weshua & Buffalo 714 N. Carrico Leopard & 4aoo 1129 Leopard (Rear) Antelope & Sae Rankin Antelope St Leopard & Brownlee Coke & Leopard Winnebago & Coke Winnebago & Coke Buffalo & Brownlee 1540 Buffalo Road Blvd Burns & Breadwsy Sam Rankin & W. Broadway #aaires 8 Last IM Waco Page 2. Type of Connitation Masher Light Rest Rooms, Tool House & Park Lights Signal Light Police Radio station Fire Station Signal Lights Flasher Light City Gas Oates Park. Keeper Signal Light Signal Light Park Lights Ban Garza Ball Park Ben Garsa Park Sym Playgrownwd Lights Signal Lights Children's Refuge Rome City-County Olinio Park Keepers heass at Minis Band stand Signal. Light Stand Pipe Garage :stater & Gas Office Water & (We Xoter Shops 'Warehouse & Office Signal Light Signal Light Signal Light S!WWLI Light Comfort Station Signal Light Comfort Station Signal ii#lt Lovensk*ld Park Lights Signal Lights Fire Station Park Lights ,Ball Fork Lights City Bound Street Barn l'aaiaerater Asphalt Plant Police Substation Caretakers Howse UVI 4m ��rat soa Awl" 414 tuft Qr; m W au no a. ►+M St. R"d Ags 3 F"IBIT "B" FUTURE SERVICE A 7'+ T UNDER CONTRACT WNBERED FOR GENERAL SERVICE Company agrees to furnish, under the terms and conditions hereof, such additional lighting and/or power service of the character as covered herein, as the city may require and request by letter during the term of this agreement or renewal thereof. Such service shall be installed by mutual agreement and shall be added to and become a part of exhibit "A" under this contract„ �z Y. CENTRAL POWER AND LIGHT COMPANY SCHEDULE MSS -6 MUNICIPAL LIGBTING AND POWER SERVICE AVAILABILITY This schedule is available under written contract to incorporated municipalities in which the Company is operating under a municipal franchise, for electric service for municipal buildings, traffic signals, parks, recreation buildings, etc. each location to be served at one voltage, through one meter, and billed separately. NET MONTHLY RATE 2.0¢ per kilowatt hour for the first 5,000 Kilowatt hours 1.50 per kilowatt hour for the next 15,000 Kilowatt hours 1.00 per kilowatt hour for all additional Kilowatt hours MINIMUM MONTHLY BILL $1.00 per meter TERMS OF PAYMENT All bills under this schedule shall be due and payable within ten days from date of bill. Past due bills shall bear interest at the rate of 6% per annum. TERMS AND CONDITIONS Service will be furnished under the Company's Standard Terms and Conditions. MEOW VAPOR :camp 31as 1000 CP 3.25 1600 cr 3.50 2000 CP 4.25 4.00 _ 2.10 Il ®. ?5 4.25 2.30 1.10 5.00 3.00 1.M CP.145 TERMS AND CONDITIONS GOVERNING ELECTRIC SERVICE Furnished By CENTRAL POWER AND LIGHT COMPANY Issued July 1, 1949 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 Customer and accepted by the Company before service Will be supplied by the Company. The Company may re- fuse to serve any applicant indebted to the Company for service rendered at any location until such indebtedness is paid or secgred 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 be 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 governmental body having legal right to do so and when- ever 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 custom- er's service under his existing contract. 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 selection of a rate from those available lies with and is the responsibility of the Customer. The Company wA at the request of the Customer, ad- vise with and explain to Customer the conditions under which each rate is available and its application to the service requirements of Customer, but the Company will not be responsible for :, failure of the Customer to select the rate which will continue to be the lowest and /or most favorable to the Customer, and will not be responsible for Customer being served 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 " rate, will not be entitled to a different rate available for his serv- ice unless and until he requests it in writing, and may not change to another available rate within the next suc- ceeding twelve months period unless there is a substantial change in the character or condition of his operations and the service used by him. MONTHLY BILLS: Bills for service will be rendered monthly unless other- wise specified. The term "month" for billing purposes shall mean the period between any two consecutive read- ings of the meters by the Company, such readings to be taken as near as practicable every thirty days. Monthly bills are due when rendered and are payable, unless otherwise specified, within ten days from the date shown on the face of the bill as "Date of Bill." Bills not Eid within this period are in default and service may e 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 reasonable 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 THE PAYMENT OF BILLS AND PERFORMANCE OF OTHER OBLIGATIONS BY CUSTOMER: Customer shall, upon request by Company, deposit with Company as security for the payment of bills owing and to become owing and, without limitation by such state- ment, as security also for the performance of all other obligations of the Customer, a sum of money equal to two average monthly bills for service furnished or to be furnished, 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 Customer to deposit an additional amount of money sufficient to make the total amount on deposit with Company equal 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. METERING AND TESTING OF METERS: Customer shall provide at a point on his premises, to be mutually agreed upon, a suitable location for the installa- tion 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 wiring, meters, ap- paratus and equipment, except the Company's agents and Persons authorized by law to do so. All bills will be cal- culated upon the registration of said meter or meters. Customer's service outlet should be so arranged that the Company can measure the Customer's entire electric service 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 informa- tion available. Maximum Demand: The -wd-um demand supplied to the Customer where needed to be ]mown in the com- putation of bills shall be determined by a standard ap- proved type of demand meter and the readings of said meter shall be conclusive as to the maximum demand, unless upon having same tested, said meter shall be found to register inaccurately, and its error shall ex- ceed four per cent (4 %). Amount of Energy Delivered: The amount of energy supplied to the Customer shall be determined by means of an integrating watt-hour meter of standard approved and the readings thereof shall be deemed con- e naive 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: Either party may, upon two (2) days notice to the other, inspect and test meters, or either of them, in the presence of a representative of the other party, and whenever any test shall show either meter to be be in error beyond the limits specified, such meter shall be adjusted within the limits of error so specified, and whenever said meters are so adjusted, the readings thereof shall be corrected, and payments be made accordingly. No such corrections 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 FOB INJURIES AND DAMAGE THEREFROM: Customer shall maintain adequate protective equip- ment in good operating condition on his equipment and otherwise install and maintain his electrical equipment in an entirely safe and efficient manner and in full com- pliance with all laws and local ordinances and the Na- tional Electrical Code and the rules and regulations of the Company effective at any time during the term of this agreement. The duly authorized agents of the Com- pany shall have free access at all reasonable hours to the premises of the Customer for the purpose of inspecting wining, apparatus and equipment, removing the Com- pany's property, reading meters, and for other purposes incident to the performance of this agreement. The Com- pany does not, however, assume any duty of inspecting the Customer's wiring, apparatus, machinery or equip- ment, 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 agrees to protect and save harmless the Company from all claims for injuries and damages to persons and property occurring upon the premises of Customer except where it is shown that the negligence of the Company or its agent or agents was the sole proximate cause of such injury or damage. LIDHTATION OF LIABILITY OF COMPANY FOR INJURIES AND DAMAGES: The Company will not be responsible or liable for in- juries, and /or damages caused by or resulting from fail- ure to furnish electric energy and service of the kind and amount contracted for and /or injuries and damages resulting from the performance or non - performance of any acts or things by Company required of it or in any- wise 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 proxi- mate cause of the injury or damage 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 Custo- mer on the same installation in conjunction with the Company's service, either by means of a throw -over switch or any other connection. LOADS IMPAIRING OTHER CUSTOMERS' SERVICE: Certain types of equipment used by Customers have electrical characteristics which may cause serious fluctua- tions of voltage and interfere with the service of the Company to its other Customers. In such cases the Com- pany may decline to serve such equipment under the Company's established rate schedules until the Customer having such equipment, has provided at his expense, suit- able apparatus to hold to reasonable limits the effect of such fluctuations. Some loads may require separate service, and in such event the Company may meter and bill such service separateYy from other service supplied to the Customer. MOTOR INSTALLATIONS: Unless otherwise agreed upon by the Company and the Customer prior to installation, all motor installations shall be as follows: (a) All motors of 5 horsepower rating or less shall be 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 entitled "Three Phase Extensions to Residential and Commercial Customers." (b) All motors of more than 5 horsepower rating shall be three- phase. (c) All motors with a rated capacity of 73A horsepower or more shall be equipped for reduced voltage starting and shall have low voltage release attachment, the de- tails of the controlling equipment to be approved by the Company before such motors are connected. (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, Com- pany will, upon request, extend without charge a third wire service drop for rendering 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 Cus- tomer shall provide, at his own expense, power factor corrective equipment which will maintain the power fac- tor of each such device at not less than ninety per cent (90 %). Corrective equipment will be installed in the circuit between the lighting devices and the switch con- trolling the devices, in such manner that the corrective equipment will operate only when lighting devices are operated. THREE PHASE EXTENSIONS TO RESIDENTIAL. AND COMMERCIAL CUSTOMERS: Three phase service, where available, will be extended to Residential and Commercial Customers on the follow- ing basis: 1. The Company will install the transformer, overhead service wires and meter without cost to the Customer. 2. Where three phase service is available within 300 feet of the Company's distribution pole to which the Cus- tomer's service is connected, the extension will be made without cost to the Customer, providing the Customer has at least 5 horsepower connected in 3 phase motor load. If the Customer's connected load is less than 5 horsepower in 3 phase motors the Customer will be re- quired to pay the cost of the extension up to $50.00, ex- clusive of transformer, service wires and meters. 3. 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 the extension which is beyond a00 feet, exclusive of transformer, service wires and meters. AGENTS CANNOT MODIFY AGREEIIiENTS: No agent has authority to amend, modify, alter or waive any of these Terms and Conditions, or to bind the Company by making any promises or representations not contained herein. MWIBIi NV List of Service Locations Under Mlf!.6 for Hater Pupping C©ntrol44Q Account Nsmber 40 350 390 510 Type of Connection Water Booster Pimp Water Pomp & Power Station Water Pump Plant alter ¢torage U0-17 Calallen Water Plant 2362 Water Pup Mtatt©n Hersepawer Lpeation Connected Dwo Road 150 Cnddilhp Field 30 Savage lane 420k Culberson & Caldwen 250 Type of Connection Water Booster Pimp Water Pomp & Power Station Water Pump Plant alter ¢torage U0-17 Calallen Water Plant 2362 Water Pup Mtatt©n EXHIBIT "B" FUTURE SERVICE AGREMNT UNDER CONTRACT NUMBERED FOR GENERAL SERVICE Company agrees to furnish, under the terms and conditions hereof, such additional lighting and/or power service of the character as covered herein, as the city !my require and request by letter during the term of this agreement or renewal thereof. Such service shall be installed by mutual agreement and shall be added to and become a part of exhibit "A" under this contracts $SHI9IT nga FUTURE SERVICE AGREIAENT UNDER CONTRACT HUMMED FOR GENERAL SERVICE Company agrees to furnish, under the terms and conditions hereof, such additional lighting and/or power service of the character as covered herein, as the city may require and request by letter during the term of this agreement or renewal thereof. Such service shall be installed by mutual agreement and shall be added to and become a part of exhibit "A" under this contract, CENTRAL POWER AND LIGHT COMPANY SCHEDULE MWP -6 MUNICIPAL WATER PUMPING AVAILABILITY This schedule is available under written contract to incorporated municipalities in which the Company is operating under a municipal franchise, for electric power for full power requirements for the operation of municipally operated city water supply systems, each location to be served at one voltage, through one meter, and bill- ed separately. NET MONTHLY RATE 1.00 per kilowatt hour for the first 5,000 kilowatt hours 0.90 per kilowatt hour for the next 45,000 kilowatt hours 0.80 per kilowatt hour for the next 100,000 kilowatt hours 0.70 per kilowatt hour for the next 100,000 kilowatt hours 0.60 per kilowatt hour for all additional kilowatt hours Minimum Monthly Bill $0.50 per horsepower of connected load, but no:, less than $3.00. TERMS OF PAYMENT All bills under this schedule shall be due and payable within ten days from date of bill. Past due bills shall bear inter- est at the rate of 6% per annum. TERMS AND CONDITIONS Service will be furnished under the Company's Standard Terms and Conditions. q_W TERMS AND CONDITIONS GOVERNING ELECTRIC SERVICE Furnished By CENTRAL POWER AND LIGHT COMPANY Issued July 1, 1949 APPLICATION OR CONTRACT FOR SERVICE: All applications for service, except certain government contracts, shall be made on the Company's standard - plicatfan or contract form, and shall be 'signed by the Customer and accepted by the Company before service will be supplied by the Company. The Compan y may re- fuse to serve any applicant indebted to the Company for service rendered at any location until such indebtedness is paid or secured to the satisfaction of the Company. BATES: The rate schedules will be on file in each local office, district office and in the home office of the Company and copies may be 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 governmental body having legal right to do so and when- ever 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 custom- er's service under his existing contract 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 selection of a rate from those available lies with and is the responsibility of the Customer. The Company will, at the request of the Customer, ad- vise with and explain to Customer the conditions under which each rate is available and its application to the service requirements of Customer, but the Company will not be responsible for any failure of the Customer to select the rate which will continue - to be the lowest and/or most favorable to the Customer, and will not be responsible for Customer being served 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 serv- ice unless and until he requests it in writing, and may not change to another available rate within the next suc- ceeding twelve months period unless there is a substantial change in the character or condition of his operations and the service used by him. MONTHLY BILLS: Bills for service will be rendered monthly unless other- wise specified. The term 'month" for billing purposes shall mean the period between any two consecutive read- ings of the meters by the Company, such readings to be taken as near as practicable every thirty days. Monthly bills are due when rendered and are payable, unless otherwise specified, within ten days from the date shown on the face of the bill as 'Date of Bill." Bills not paid within this period are in default and service may 6e 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 reasonable 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 THE PAYMENT OF BILLS AND PERFORMANCE OF OTHER OBLIGATIONS BY CUSTOMER: Customer shall, upon request by Company, deposit with Company as security for the payment of bills owing and to become owing and, without limitation by. such state- ment, as security also for the performance of all other obligations of the Customer, a sum of money equal to two average monthly bills for service furnished or to be furnished, 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 Customer to deposit an additional amount of money sufficient to make the total amount on deposit with Company -equal 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. METERING AND TESTING OF METERS: Customer shall provide at a point on his premises, to be mutually agreed upon, a suitable location for the installa- tion 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 wiring, meters, ap- paratus and equipment, except the Company's agents and persons authorized by law to do so. All bills will be cal- culated upon the registration of said meter or meters. Customer's service outlet should be so arranged that the Company can measure the Customer's entire electric service 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 bil J purposes, be estimated from the best informa- tion available. Maximum Demand: The - - -i-um demand supplied to the Customer where needed to be known in the com- putation of bills shall be determined by a standard ap- proved type of demand meter and the readings of said meter shall be conclusive as to the maximum demand, unless upon having same tested, said meter shall be found to register inaccurately, and its error shall ex- ceed four per cent (4 %). Amount of Energy Delivered: The amount of energy supplied to the Customer shall be determined by means of an integrating watt -hour meter of standard approved type, and the readings thereof shall be deemed con- clusive 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: Either party may, upon two (2) days notice to the other, inspect and test meters, or either of them, in the presence of a representative of the other party, and whenever any test shall show either meter to be registering in error beyond the limits specified, such meter shall be adjusted within the limits of error so specified, and whenever said meters are so adjusted, the readings thereof shall be corrected, and payments be made accordingly. No such corrections 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 equip- ment in good operating condition on his equipment and otherwise install and maintain his electrical equipment in an entirely safe and efficient manner and in full com- pliance with all laws and local ordinances and the Na- tional Electrical Code and the rules and regulations of the Company effective at any time during the term of this agreement. The duly authorized agents of the Com- pany shall have free access at all reasonable hours to the premises of the Customer for the purpose of inspecting wiring, apparatus and equipment, removing the Com- pany's property, reading meters, and for other purposes incident to the performance of this agreement. The Com- pany does not, however, assume any duty of inspecting the Customer's wiring, apparatus, machinery or equip- ment, 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 agrees to protect and save harmless the Company from all claims for injuries and damages to persons and property occurring upon the premises of Customer except where it is shown that the negligence 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 DAMAGES: The Company will not be responsible or liable for in- juries, and /or damages caused by or resulting from fail- ure to furnish electric energy and service of the kind and amount contracted for and /or injuries and damages resulting from the performance or non - performance of any acts or things by Company required of it or in any- wise 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 proxi- mate cause of the injury or damage complained o£ EXCLUSIVE SERVICE ON INSTALLATION CONNECTED: Except in cases where the Customer has a contract with the Company for reserve or auxiliary service, no other th source of electricity or power shall be used by e Custo- mer on the same installation in conjunction with the Company's service, either by means of a throw -over switch or any other connection. LOADS IMPAIRING OTHER CUSTOMERS' SERVICE: Certain types of equipment used by Customers have electrical characteristics which may cause serious fluctua- tions of voltage and interfere with the service of the Company to its other Customers. In such cases the Com- pany may decline to serve such equipment under the Company's established rate schedules until the Customer having such equipment, has provided at his expense, suit- able apparatus to hold to reasonable limits the effect of such fluctuations. Some loads may require separate service, and in such event, the Company may meter and bill such service separately from other service supplied to the Customer. MOTOR INSTALLATIONS: Unless otherwise agreed upon by the Company and the Customer prior to installation, all motor installations shall be as follows: (a) All motors of 5 horsepower rating or less shall be 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 entitled 'Three Phase Extensions to Residential and Commercial Customers." (b) All motors of more than 5 horsepower rating shall be three- phase. (c) All motors with a rated capacity, of 7% horsepower or more shall be equipped for reduced voltage starting and shall have low voltage release attachment, the de- tails of the controlling equipment to be approved by the Company before such motors are connected (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, Com- pany will, upon request, extend without charge a third wire service drop for rendering 115/230 volt, 3 wire single phase service. GASEOUS TUBE LIGHTING DEVICES: With the installation of neon lamps, mercury vapor lam s, fluorescent lamps, and other gaseous tube lamps or Lghting devices having low power factor, the Cus- tomer shall provide, at his own expense, power factor corrective equipment which will maintain the power fac- tor of each such device at not less than ninety per cent (90 %). Corrective equipment will be installed in the circuit between the lighting devices and the switch con- trolling the devices, in such manner that the corrective equipment will operate only when lighting devices are operated. THREE PHASE EXTENSIONS TO RESIDENTIAL AND COMMERCIAL CUSTOMERS: Three phase service, where available, will be extended to Residential and Commercial Customers on the follow- ing basis: I. The Company will install the transformer, overhead service wires and meter without cost to the Customer. 2. Where three phase service is available within 300 feet of the Company's distribution pole to which the Cus- tomer's service is connected, the extension will be made without cost to the Customer, providing the Customer has at least 5 horsepower connected in 3 phase motor load. If the Customer's connected load is less than 5 horsepower in 3 phase motors the Customer will be re- quired to pay the cost of the extension up to $50.00, ex- clusive of transformer, service wires and meters. 3. 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 $ phase motor load must pay $50.00 plus that portion of the cost of the extension which is beyond 300 feet, exclusive of transformer, service wires and meters. AGENTS CANNOT MODIFY AGREEMENTS: No agent has authority to amend, modify, alter or waive any of these Terms and Conditions, or to bind the Company by making any promises or representations not contained berein. cr•zso ELECTRIC SERVICE CONTRACT 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 Corow Owleti hereinafter called Customer, WrMESSETH: 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 electrie energy first leaves the line or apparatus owned by Company and enters the line or apparatus owned by Customer, located at or near IrD Ums sbAw an IftUt 990—VA aw- IOU , Texas, up to but not in excess of the full requirements for a total connected load op `fie BXUbit am: ilowatts for the operation of the following equipment upon Customer's premises at said location: Wwie and/or three Phase equipment in Bona PYWIng and dispoaat plants, each Ufttiaft to be served at one voltage, through one meter and biked separateV. 2, The Customer 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 from 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%0_ 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 Aaareepower case be considered less than Seta s7iQ1iE,El 3. The electric service furnished hereunder shall be supplied at 1et11113" volts, (metered at 400064 volts), t w1dAr 3 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. LIA of 0erd08 ].00atlMs Xftbit "A" ftvl ll $=viee agrowAst Aldtibit "$a b. 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 000=bW 22 19A9 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 iafo40bW . ` , 1954, 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 'g— WITNESS: _ � � CHURZ Customer WITNESS: Title_ City Manager CENTRAL POWER AND LIGHT COMPANY By Vice President (Company) 17; XXXIM "A" LIST OF SERVICE LOCATIMS UK= XGP-6 8 FINN Control 400 Horsepowr Aeooant Number Location Type of Connection Connected 25 :Santa Fe Extension Sever Lift 5 35 Cap Del Doc bmmr Disposal 12 175 staples at Arcadia Sztension Satyr Pump 10 190 4302 Naples - Rear Sewer Pump 10 200 Prescott & Bolivar Sewer Pump 5 245 Prescott & Sonora Sever PwmP 5 240 Morgan & 12th seer lip 20 705 W. ftoadrsy Disposal Plant Wk 707 2218 North ikter Sewer Amp 5 708 1218 nth 'Water storm Dover PLMMP 12 785 North Health Pumping Plant 5 804 & rogue B & 9iohous Swer Disposal 15 880 XLmt y & Chaparral ;ewer Disposal Plant 13 982 Kinney & shoreline bower Pump 75 8q4 "L" Bead Sewer Re11ft POP 2 905 Peoples Street "T" Bead Sewer map 2 910 Peoples Street "T" Head sower Relift P+mmp 2 915 Lagums & zr'ater Sewer Auep 15 L'AE' iIBIT "BM MTURB SERVICE AGRCIMM UND2 C(7h'T&ACT NUKBERED FOR SEWER PMPING Company agrees to furnish, under the terms and conditions hereof, such additional lighting and/or paver service of the character as covered herein, as the city may require and request by letter during the term of this agreement or renewal thereof. Such service shall be installed by mutual agreement and shall be added to and become a part of :,Xhibit IM under this contract. CENTRAL POWER AND LIGHT COMPANY SCHEDULE MGP -6 MUNICIPAL GENERAL PUMPING AVAILABILITY Incorporated Municipalities. This schedule is available under written contract to incorporated municipalities in which the Company is operating under a municipal franchise for electric power for full power requirements for the operation of municipally operated sewage disposal and /or drainage systems, each location to be served at one voltage, through one meter, and billed separately. Other Utilities and Public Agencies; This schedule is available under written contract for electric Power for full power requirements for the operation of water supply, sewage and /or drainage systems, other than municipally owned, serving the general public, each location to be served at one vol- tage, through one meter, and billed separately. NET MONTHLY RATE 1.5¢ per Kilowatt hour for the first 25,000 Kilowatt Hours 1.0¢ per Kilowatt hour for the next 25,000 Kilowatt Hours 0.9¢ per Kilowatt hour for all additional Kilowatt Hours Minimum Monthly Bill $0.50 per horse power of connected load, but not less than $3.00. TERMS OF PAYMENT All bills under this schedule shall be due and payable within ten days from date of bill: Past due bills shall bear inter- est at the rate of 6% per annum. TERMS AND CONDITIONS Service will be furnished under the Company's Standard Terms and Conditions. CP -145 TERMS AND CONDITIONS GOVERNING ELECTRIC SERVICE Furnished By CENTRAL POWER AND LIGHT COMPANY Issued July 1, 1949 APPLICATION OR CONTRACT FOR SERVICE: SECURITY FOR THE PAYMENT OF BELLS AND All applications for service, except certain government PERFORMANCE OF OTHER OBLIGATIONS BY contracts shall be made on the Company's standard ap CUSTOMER: plication or contract form, and shall be signed by the Customer shall, upon request by Company, deposit with Customer and accepted by the Company before service Company as security for the payment of bills owing and Will be supplied by the Company. The Company may re- to become owing and, without limitation by such state - fuse to serve any applicant indebted to the Company for ment, as security also for the performance of all other service rendered at an location until such indebtedness obligations of the Customer, a sum of money equal to two is paid or secured to the satisfaction of the Company, average monthly bills for service furnished or to be RATES: furnished, as estimated by Company. In case Customer's bills The rate schedules will be on file in each local office, normal operation two consecutive tive monthly billing periods of district office and in the home office of the Company y prove to exceed appreciably and copies may be obtained by the Customer on requ� require oCustomeretoedepositoan additionaltamount of Company's rates will be applied in accordance with and money sufficient to make the total amount on deposit subject to the limitations as set out in each rate schedule, with Company equal the amount of bills for said two All rates are subject to change by any regulatory or consecutive months, and Customer agrees in such case to governmental body having legal right to do so and when- so deposit with Company such additional amount of ever the rate under which a customer is being served is money. lowered by the Company or changed by any regulatory body, the rate as changed will be applied to the custom- METERING AND TESTING OF METERS: er's service under his existing contract. Customer shall provide at a point on his premises, to be mutually agreed upon, a suitable location for the installa- tion 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 wirin meters, ap- paratus and equipment, except the Compan y -a agents and persons authorized by law to do so. All bills will be cal- culated upon the registration of said meter or meters. Customer's service outlet should be so arranged that the Company can measure the Customers entire electric service 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 Informa- tion available. Maximum Demand: The maximum demand supplied to the Customer where needed to be known in the com- putation of bills shall be determined by a standard ap- proved type of demand meter and the readings of said meter shall be conclusive as to the maximum demand unless upon having same tested, said meter shall be found to register inaccurately, and its error shall ex- ceed four per cent (4 %). Amount of Energy Delivered: The amount of energy supplied to the Customer shall be determined by means of an integrating watt -hour meter of standard approved type, and the readings thereof shall be deemed con- clusive 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 %). party ma oup upon (2) days notice to the Meters: ther, 'inspect and test meters, or either of them, in the presence of a representative of the other party, and whenever any test shall show either meter to be registering in error beyond the limits specified, such meter shall be adjusted within the limits of error so specified, and whenever said meters are so adjusted, the readings thereof shall be corrected, and payments be made accordingly. No such corrections 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. OPTIONAL RATES: When more than one rate is available, the conditions and circumstances under which each of such rates is available are explained la the published rate schedules, and the selection of a rate from those available lies with and is the responsibility of the Customer. The Company will at the request of the Customer, ad- vise with and explain to Customer the conditions under which each rate is available and its application to the service requirements of Customer, but the Company will not be responsible for any failure of the Customer to select the rate which will continue to be the lowest and /or most favorable to the Customer, and will not be responsible for Customer being served under the most favorable rate at all times. The Company will not make refunds due to the difference, it 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 serv- ice unless and until he requests it in writing, and may not change to another available rate within the next suc- ceeding twelve months period unless there is a substantial change in the character or condition of his operations and the service used by him. MONTHLY BILLS: Bills for service will be rendered monthly unless other- wise specified. The term 'month" for billing purposes shall mean the period between any two consecutive read- ings of the meters by the Company, such readings to be taken as near as practicable every thirty days. Monthly bills are due when rendered and are payable, unless otherwise specified, within ten s from the date shown on the face of the bill as 'Date of BJlL" Bills not paid within this period 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 reasonable 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. (over) MAINTENANCE OF ELECTRICAL EQUIPMENT ON CUSTOMER'S PREMISES AND RESPONSIBILITY FOR INJURIES AND DAMAGE THEREFROM: Customer shall maintain adequate protective equip- ment in good operating condition on his equipment and otherwise install and maintain his electrical equipment in an entirely safe and efficient manner and in full 'om- pliance with all laws and local ordinances and the Na- tional Electrical Code and the rules and regulations of the Company effective at any time during the term of this agreement. The duly authorized agents of the Com- pany shall have free access at all reasonable hours to the premises of the Customer for the purpose of inspecting wiring, apparatus and equipment, removing the Com- pan�s property, reading meters, and for other purposes incident to the performance of this agreement. The Com- pany does not, however, assume any duty of inspecting the Customer's wiring, apparatus, machinery or equip- ment, 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 agrees to protect and save harmless the Company from all claims for injuries and damages to persons and property occurring upon the premises of Customer except where it is shown that the negligence of the Company or its agent or agents was the sole proximate cause of such injury or damage. LE IITATION OF LIABILITY OF COMPANY FOR INJURIES AND DAMAGES: The Company will not be responsible or liable for in- juries, and /or damages caused by or resulting from fail- ure to furnish electric energy and service of the kind and amount contracted for and /or injuries and damages resulting from the performance or non - performance of any acts or things by Company required of it or in any- wise 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 proxi- mate cause of the injury or damage 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 Custo- mer on the same installation in conjunction with the Company's service, either by means of a throw -over switch or any other connection. LOADS IMPAIRING OTHER CUSTOMERS' SERVICE: Certain types of equipment used by Customers have electrical characteristics which may cause serious fluctua- tions of voltage and interfere with the service of the Company to its other Customers. In such cases the Com- pany may decline to serve such equipment under the Company's established rate schedules until the Customer having such equipment, has provided at his expense, suit- able apparatus to hold to reasonable limits the effect of such fluctuations. Some loads may require separate service, and in such event, the Company may meter and bill such service separately from other service supplied to the Customer. MOTOR INSTALLATIONS: Unless otherwise agreed upon by the Company and the Customer prior to installation, all motor installations shall be as follows: (a) All motors of 5 horsepower rating or less shall be 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 entitled "Three Phase Extensions to Residential and Commercial Customers." (b) All motors of more than 5 horsepower rating sball be three- phase. (c) All motors with a rated capacity of 7% horsepower or more shall be equipped for reduced voltage starting and shall have low voltage release attachment, the de- tails of the controlling equipment to be approved by the Company before such motors are connected. (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, Com- pany will, upon request, extend without charge a third wire service drop for rendering 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 Cus- tomer shall provide, at his own expense, power factor corrective equipment which will maintain the power fac- tor of each such device at not less than ninety per cent (90 %). Corrective equipment will be installed in the circuit between the lighting devices and the switch con- trolling the devices, in such manner that the corrective equipment will operate only when lighting devices are operated. THREE PHASE EXTENSIONS TO RESIDENTIAL AND COMMERCIAL CUSTOMERS: Three phase service, where available, will be extended to Residential and Commercial Customers on the follow- ing basis: 1. The Company will install the transformer, overhead service wires and meter without cost to the Customer. 2. where three phase service is available within 300 feet of the Company's distribution pole to which the Cus- tomer's service is connected, the extension will be made without cost to the Customer, providing the Customer has at least 5 horsepower connected in 3 phase motor load. If the Customer's connected load is less than 5 horsepower in 3 phase motors the Customer will be re- quired to pay the cost of the extension up to $50.00, ex- clusive of transformer, service wires and meters. 3. 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 the extension which is beyond 300 feet, exclusive of transformer, service wires and meters. AGENTS CANNOT MODIFY AGREEMENTS: No agent has authority to amend, modify, alter or waive any of these Terms and Conditions, or to bind the Company by making any promises or representations not contained herein. SECTION II. That the attached written contracts when executed and in effect will result in the enforcement of rates which will result in a large financial saving to the City, and such fact creates a public emergency and imperative public necessity requiring the suspension of the Charter Rule providing 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 several meetings of the City Council, and the Mayor having declared that such public emergency end imperative public necessity exist, and hav- ing requested that said Chaster Rule be suspended, and that this Ordinance tale effect and be in full force and effect from and after its passage, It Is Accordingly SO ORDAINED. PASSED AND APPROVED, This rL_dep of February, A.D1 1950. 00 Y4 I— City of Corpus Christi, AT a Tesaa � .City Secretary APPR A3 TO 'GAL FORM= L 1.y a 'J Corpus Christi, Texas 'i 1949 TO THE I MBEBS OF THE CITY COUNCIL Corpus Chri sti, Texas Gentlemen: 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 introduced, or at the present nesting of the City Council. Respectfully, City of Corpus Christi, Texas The Charter rule was suspended by the follosing vote: Leslie Wasserman Jack DeFormst lnllli i Barney Cott Sydney E. Herndon George L. Lowman The above ordinance was passed by the folJJlo�wing vote: Leslie Wasserman Jack De Forrest u Barney Cott —(F Sydney E. Herndon 1 George L. Lowman IyiJ1