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HomeMy WebLinkAbout04391 ORD - 11/18/1955AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO ENTER INTO A CONTRACT WITH CENTRAL POWER AND LIGHT COMPANY WHEREBY CENTRAL POWER AND LIGHT COMPANY AGREES TO FURNISH ELECTRIC SERVICE TO THE CITY FOR WATER PUMPING AT LOCATIONS LISTED IN EXHIBIT "A" AND EXHIBIT "B" OF SAID CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND 14ADE A PART HEREOF; AND 'DECLARING AN- EMERGENCY. r BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER BE, AND HE IS HEREBY AUTHORIZED AND DIRECTED FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO ENTER INTO A CONTRACT WITH CENTRAL POWER AND LIGHT COMPANY WHEREBY CENTRAL POWER AND LIGHT COMPANY AGREES TO FURNISH ELECTRIC SERVICE TO THE CITY OF CORPUS CHRISTI FOR WATER PUMPING AT LOCATIONS LISTED IN EXHIBIT "A" AND EXHIBIT "B" OF SAID CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY FOR ENTERING INTO THE CONTRACT DESCRIBED IN SECTION I HEREOF TO PROVIDE ELECTRIC SERVICE TO THE CITY OF CORPUS CHRISTI FOR WATER PUMPING CREATES A PUBLIC NECESSITY AND EMERGENCY REQUIRING THE SUS- PENSION OF THE CHARTER RULE 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 SUCH PUBLIC EMERGENCY AND IMPERATIVE NECESSITY TO EXIST, AND 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 ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED. PASSED AND APPROVED, THIS THE Q/ DAY OF NOVEMBER, 1955. MAYOR ATTEST: THE CITY OF CORPUS CHRISTI, TEXAS CITY SECRETARY APPROVED AS 0 EGAL FORM NovEM R d 1955: CITY A ORNEY oq 4391 - CP -280 ELECTRIC SERVICE CONTRACT No�ii 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 COMB Chriati 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 Z06410M 811007'! 033 &Ulblt "A" omwo Texas, up to but not in excess of the full requirements iur a total connected load ofd 2144bit "A# i ilowatts for the operation of the following equipment upon Customer's premises at said location: J'aids aw4zOr talfte ph PRIDI@R RIMUM• Ofth I4 AUQ11 to be sorved Yt one veltApa throwh one meters and billed seParste2y, 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 after the date bill is rendered each month at Company's local office located nearest to pout of delivery of electric energy hereunder upon the basis of and in accordance with Rate Schedule No MP66 ttacbed 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 see rate eCl7edul case be considered less than 3. The electric service furnished hereunder shall be supplied at 2*521r►d volts, (metered at In�LUL ed volts), MA/W 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. 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 Amt 30 195 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 fwuet 30 195 and thereafter until cancelled by thirty (30) days written notice by either party to the other, and shall bud 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 ,.lay of 195_ trit$ Of t"+olpl38 �'isti WITNESS: ,zaC' >' _? a �_ia1�� ; ;- -� 'v Customer i•IGVi =i l3 _ ��� 1 By �i7'; '�Trr iP +.-Y (USS WITNESS: Titie - i EN AL POWER AND LIGHT COMPANY sy Vice President (Company) 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 billed separately. NET MONTHLY RATE 1.0¢ per kilowatt hour for the first 5,000 kilowatt hours 0.W per kilowatt hour for the next 45,000 kilowatt hours 0.8¢ per kilowatt hour for the next 100,000 kilowatt hours 0.7¢ per kilowatt hour for the next 100,000 kilowatt hours 0.6¢ per kilowatt hour for all additional kilowatt hours Minimum Monthly Bill $0.50 per horsepower 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 interest at the rate of 6 % per annum. TERMS AND CONDITIONS Service will be furnished under the Company's Standard Terms and Conditions. L llIBIT "At August 30, 1955 List of Service Locations under 1,%P -6 for .later Pumping Account 11orsepover Typs of Number Locations Connected Connection 105/32 S. Staples & Allen Moore Rd. 150 hater booster Pump 105/372 Cudding water Pump Unit 30 Water lh� & Poser Sta. 105/392 Savage Lane 1275 water Pump Plant 105/496 Culberson & Caldwell 256 `:Mater Storage 1250 Calallen ( John Cunningham Plant) 338 k3ltration Plant 27 06 4000+ below the dam at Lake Mathis 125 ;rater 4eli P-aw 27/431 1000' below the dam at Lake Mathis 125 water Well Pump 27/378 City Well #8,om K. Scholbach at Sandia 125 Water Well Pump EXHIBIT "Y ?UTU11 SIA11102 (GrA a3y'brl UND-ER COVERACT NUMB-'R k21�6 FUC WATER PUMPING Company agrees to furnish, under the t,8rms and conditions hereof, such additional lighting and/or power services of the character as covered herein, as the city may require and request by letter during the tam of this agreement or renewal thereof. Such service shall be installed by mutual agreement and shall be added to and beccae a put of exhibit "JAY under this contract. Form CP -145 TERMS AND CONDITIONS GOVERNING ELECTRIC SERVICE Furnished By CENTRAL POWER AND LIGHT COMPANY Issued April 1, 1955 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 for 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 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 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. OPTIONAL RATES: When more than one rate is available, the conditions and circumstances under which each of such rates is avail- able 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 ser- vice 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 service unless and until he requests it in writing, and may not change to another available rate within the next succeed- ing 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 readings 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, on or before the date shown on the face of the bill. Bills not paid by this date are in de- fault and service may be discontinued for such default. Failure to receive a bill in no way exempt's a Customer from payment of bills or the provisions of these Terms and Conditions. When the Company is unable to read a meter after rea- sonable 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 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 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 Company 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. METERING AND TESTING OF METERS: 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 outlet 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 %) of full scale. 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 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 meters are so adjusted, the readings thereof shall be cor- rected, and payments 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 goad operating condition on his equipment and other- wise install and maintain his electrical equipment in an entirely safe and efficent manner and in cull compliance with all laws and local ordinances and the National Elec- tric Code and the rules and regulations of the Company ineffect at any time. 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 does not, however, assume any duty of inspecting the Custo- mer'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 Com- pany and enters the line provided and /or owned by custo- mer, and shall 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 any kind and amount contracted 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 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 Cus- tomer 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 CUSTOMER'S 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 Com- pany 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 Company may meter and bill such service separately from other service supplied to the Customer. MOTOR INSTALLATIONS: Unless otherwise agreed upon by authorized represen- taticds of tK 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 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 Com- mercial 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 details of the controlling equipment to be approved by the Com- pany before such motors are connected. (d) 115 volt single phase motorized equipment designed for general use shall be equipped with motors having lockea -rotor currents at rated voltage not to exceed 4u 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 factor of each such device at not less than ninety per cent (90 %). Corrective equipment will be installed in the cir- cuit between the lighting devices and the switch control- ling the devices, in such manner that the corrective egiup- ment will operate only when lighting devices are operated. THREE PHASE EXTENSION TO RESIDENTIAL AND COMMERCIAL CUSTOMERS: Three phase service, where available, will be extended to Residential and Commercial Customers on the following 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 required to pay the cost of the extension up to $50.00, exclusive 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 ser- vice 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 Cus- tomer 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 trans- former, service wires and meters. AGENTS CANNOT MODIFY: No agent has authority to amend, modify, alter or waive any of these Terms and Conditions. November 9, 1955 I certify to the City Council that the money required for the contract, agreement, obligation, or expenditure contemplated in the above and foregoing Ordinance is in the Treasury of the City of Corpus Christi to the credit of No. 141 Water Maintenance and Operation Fund from which it is proposed to be drawn, and such money is not appropriated for any other purpose. Director of Finance Corpus Christi, Texas 7?,0 . i � 1955 TO THE. MEMBERS OF THE CITY COUNCIL Corpus- Christi,. -Texas Gentlemen: For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspen- sion of the. Charter rule or requirement that no ordinance or resolution shall he 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 meeting of the City Council. Respectfully, OR / THE CITY OF CORPUS CHRISTI, TEXAS The Charter Rule was suspended by the following vote: Farrell D. Smith Minor Culli W. J. Roberts B, E, Bigler Manuel P. Maldonado The above ordinance was passed by the following vote: Farrell D. Smith Minor Culli W, J, Roberts B, E. Bigler Manuel P, Maldonado 431 T