HomeMy WebLinkAbout04537 ORD - 05/23/1956AC:5/16/56
TE ",CAS :
AN ORDTNAPJCE
AUTHORIZING AND DIRECTING THE CITYMANAGER 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 SINGLE AND/OR THREE
PHASE EQUIPMENT IN MUNICIPAL BUILDINGS PARKS, RECREATION
BUILD111252 ETC., AT LOCATIONS LISTED I[,1rEXIIBIT 7 AND
E,'H" 1BI " OF SAID CONTRACT, A COPY OF U1HICH CONTI;ACT
IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING
AN EP,IERGEI'ICY.
BE IT ORDAINED BY THE E CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. THAT THE CITY ;TANAGER BE, AND HE IS HEREBY AUTHORIZED AND
DI REC-i ED FOR AND Oil BEHALF OF THE CITY OF CORPUS CHRISTI, TO ENTER INTO A CON-
TRACT WITH CENTRAL POWER AND LIGHT COMPANY WHEREBY CENTRAL POWER AND LIGHT
COMPANY AGREES TO FURNISH ELECTRIC SERVICE TO THE CITY OF CORPUS CHRISTI FOR
SINGLE AND /OR THREE PHASE EQUIPMENT IN MUNICIPAL BUILDINGS, PARKS, RECREATION
SUILDINGS, ETC., AT LOCATIONS LISTED IN Exi-iiDIT "Au AND 1iEXHI3IT Bn OF SAID
CONTRACT, A COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF.
SECTION ?. THE NECESSITY FOR ENTERING INTO THE CONTRACT DESCRIBED
IN SECTION 1 HEREOF TO PROVIDE ELECTRIC SERVICE TO THE CITY OF CORPUS CHRISTI
FOR EQUIPMENT III, ;4UNICIPAL EUILDINGS, PARKS, RECREATION UUILDINGS, ETC., CREATES
A PUBLIC NECESSITY AND EMERGENCY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT
610 ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED,
AND THAT SUCH ORDINANCE OR RCSOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF
THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED SUCH PUBLIC EMERCENCY AIJD IMPER-
ATIVE NECESSITY TO EICIST, AND HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED
AIJD THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND
TAKE EFFECT AND BE III FULL FORCE Ai1D EFFECT FROI-0 AND AFTER ITS PASSAGE, IT IS
ACCORDINGLY SO ORDAINED.
PASSED AND APPROVED, THIS THE BAY OF MAY, 1976.
I,
ATTES— MAYOR
/� THE CITY OF CORPUS CHRISTI, TEXAS
CITY SECRE AR'
AFFR,,OVED AS TO LEGAL FORM
MAY 16, 111/79 -5>-
CITY ATTORNEY
CP -280
ELECTRIC SERVICE CONTRACT
No I"
THIS AGREEMENT this day made and entered into by and between Central Power and Light Company, a Texas corporation,
hereinafter called Company, aneL . CAW at bar vs t:Aleisti
hereinafter called Customer, WITNESSETH:
1. The Company agrees to furnish and deliver electric power and energy tb 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 Lefttleft ShOM an eft *Au
CtlEt'Fl1aS a" , Texas,
up to but not in excess of the full requirements for a total connected load of B" 'amlfihlt WAS kilowatts for the operation of
the following equipment upon Customer's premises at said location:
Simla Owes, UN" phlles sigidpasist in %ntalp a biiX uwe, ftimp, iswe"iOn Bul.]dl"
Wit," eaat leeation to be env" at one Voltai;ep t rocigh oias aster add UUM espmt4 ro
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 point of delivery of electric energy hereunder upon
the basis of and in accordance with Rate Schedule No- attached hereto and incorporated herein by reference.
It is agreed that, for the purposes1ti40F ,�pf b' fo s rvice and energy furnished hereunder, Customer's maximum demand shall in no
case be considered less than xa)owatts.
�� ��ee electric service furnished hereunder shall be supplied at �� volts, (metered at 'x � volts),
��r/ phase, approximately 80 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.
UA Of 111MV 0e lfleat1=6 Flit We
Futuft OUTS" 00"seUt f111bit "a
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 19 __, 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 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:
WITNESS
APPROVED AS TO LEGAL FOPPi
i,,+y lb, 1955:
ECR_TP,F,Y C!T`( i',TTOIR E'Y
City of Conn* chriets
Customer
RUSSELL E. HCCLURE, CITI' ?,!,%[JAGEI,
Title
CENTRAL POWER AND LIGHT COMPANY
By
Vice President (Company)
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.
(Over)
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 efficent 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
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-
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 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
locked -rotor currents at rated voltage not to exceed 40
amperes at 115 volts and shall have a rated capacity not
exceeding 'h 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.
CENTRAL POWER AND LIGHT COMPANY SCHEDULE MSS -7
MUNICIPAL LIGHTING AND POWER SERVICE
AVAMABIUTY
This schedule is available under written contract to incorporated municipalities in which
the Company is operating under a mtunicipal franchise, for electric service for municipal
buildings, 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
1.5¢ per kilowatt hour for the next 15,000 kilowatt hours
1.0¢ 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.
Lien of Service Locations under iISS -7 for General Service
Location
O rrk - Ocean Drive
7Ype of Service
Woo So Alameda
Park is
Water Tower Lights
Extension off S. Alameda
Golf Course
5600 So Alameda
Water Cooler
S. Alameda off P -60 near Tee #6
Drinking Fountain
3602 S. Staples
Fire Station
Gollihor Road
Evelyn Price Ball Park
Gollihar Road & Weber Road
Gas Booster Station
Hostorys & S. Staples
Jaycee Ball Park
3.33 Swanter
Rec. Building
Louisiana
Fin Station
904 Park Aveo
Museum
South Bluff Park
Tennis Court Lights
South Bluff Park - Tancahua
Park Lights
221 So Carancahua
Apt. House
209 S; Carancahua
Fire Station
4117 Ramsey
Armory
4549 Kostoryz
Fin Station
Gollihar Rd. No of Chapman Ranch Road
Sdely & Fig
Water Tower Lights
HEB Swimming Pooh
1 Morgan
Fin Station
M4rgan and 12th
Cathodix Protective Unit
1109 Agnes
Comfort Station
Recreation
Soft Ball Park
Rabbit Run
City Typhus Control Unit
t Run Road
lncenerator
Rabbit Run Road
Rea. Cor Incenerator Oper -�
ohawk
Scout Hut
f25St..
rt Road (Cliff Maus Field)
Airport Lights
hy Gate Has. U617
Gate House
hy Fld. 4 Store H. U. 601
Gar. & Pub„ Wks,
hy Fld. Bldg. 608
Rec. Dept.
hy City Off< Unit 696
City Office
hy Fire Station Unit 673
Fire Sta. & rire Alarm
hyr Control Tower U.
Control Tower
Cuddihy Landing Lights
Landing Field Lights
842 Ervin
Rec. Bldg,
Oak Part
Park Lighting
706 Nuecea Bay Blvd.
Radio Station
Leopard & Nuecea Bay Blvd,
Fire Station
SYsell Road & Palm
Traffic Light
445 Palm Drive
Gas Gate
Location
igrK`ennedy Street
of Service
24o -Ban Garsa Park
Park eeper
Park Light
Mussstt Street
Soft Ball Field. Rae
301 Culberson
V. D. Clinic
Howard & Culberson
Playground Lights
1815 Howard Street
Ben Garza Park Gym
Ben Garza Park - Nuesett Street
Band Stand
Sam Rankin & Mestina Street
Stand Pipe
San Rankin & Neatina Street
Stand Pipe
Mestina & Sam Rankin
Meter Shop
Mestina & Sam Rankin
Water & Gas Office
.Mestina & N. Alameda
Warehouse - Office
714 Ne Carrizo
Comfort Station
Coke & Leonard
Fire Station #2
Winnebago � Coke
D. N. Leathers Rec." Lgts.
Coke & Winnebago
Fld. Lgto.on Ball Park
1616 Buffalo
Police Station
Buffalo & Brownlee
Juvenile Bldg
Corner of Winnebago & Coke
T. C. Ayers Rec. Center
Winnebago St. Ayers Comm. Center
Flood Lights
Buffalo Street
City Pound
1540 Buffalo
Street Barn
1415 Burns
Warehouse
Burns & W. Broadway
Inccnerator
W. Broadway & Josephine
Office
Josephine & W. Broadway
Flood Lgto.at Equip.Barn
Josephine & W. Broadway
Broom Shop
Rameria & N. Alameda
Police Sub. Sta.
222 Belden
New Park & Rec. Off.
219 Bessle Street
Fire Station 4
Rincon & Market
Rest Room
3933 Timon
Boy Scout Hut
400 Blk. Charles
%iwania Ball Park
1811 Shoreline
Health Clinic
Artesian Park
Comfort Station
500 Blk. N. Mesquite
Tunnel Lights & Library
100 S. Broadway
Signalling System
202 S. Shoreline
Sherril Park
302 Shoreline
City Hall
Shoreline
Exposition Bldg. &
Auditorium
Cooper Alley T-Head
Releport Lights
Lawrence St. T -Heads
Marine Serv,
Lawrence St. T ®Heads
Boat Haase
Peoples St. T Heads
Light for Rec.
EXHIBIT NHe
FUTUU SSBTICI AGRILONT UNDER GOITFtAGT NUN= 4M FOR OARRAL SERVIcE
CweBweY agrees to fernishp under the torax and conditions hereof, such
additional lighting and/or power service of the character as covered
horelm, 40 the city may require sad '"mot by Ietter during the term
of this Agrsaent or renasal thereof. Such service shall be installed
bg mutual agreement and shall be added to and become a part of exhibit
"As under this contract.
CORPUS CHRISTI TEXAS
v� 1956
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
GENTLEMEN:
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING
ORDINANCEI 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 INTRODUCED1 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 17 IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL.
RESPECTFULLY,O �Q
MAYOR 1
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