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HomeMy WebLinkAbout05330 ORD - 04/29/1959M9•:MW 4 -27 -59 t AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND DELIVER A CONTRACT BETWEEN THE CITY AND CENTRAL POWER AND LIGHT COMPANY FOR THE FURNISHING OF ELECTRICAL SERVICE FOR THE TULE LAKE LIFT BRIDGE, NAVIGATION BOULEVARD, CORPUS " CHRISTI, NUECES COUNTY,*TEXAS; AND DECLARING . AN EMERGENCY. t 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 TO EXECUTE AND DELIVER A CONTRACT BETWEEN THE CITY AND CENTRAL POWER & LIGHT COMPANY FOR THE FURNISHING OF ELECTRICAL SERVICE FOR THE TOLE LAKE LIFT BRIDGE, NAVIGA- TION BOULEVARD, CORPUS CHRISTI, NUECES COUNTY, TEXAS, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY FOR IMMEDIATELY OBTAINING ELECTRICAL SERVICE FOR THE USE OF SAID TULE LAKE LIFT BRIDGE CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RE- SOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDI- NANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED. (� PASSED AND APPROVED, THIS THE / AY OF APRIL, 1959• MAYOR ATTEST: THE CITY 8CORPUS ISTI, TEXAS �.J I /( L- CITY SECRETARY APPROVED AS TO LEGAL FORM THIS THE 27TH DAY OF APRIL, 1959: CITY ATT RNEY _ d y ELECTRIC SERVICE CONTRACT THIS AGREEMENT this day made and entered into by and between Central Power and Light Company, a Texas corporation, aereinafter called Company, and City of Carpal Chriati- TOX.4 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 or furnished by Customer, located at or near VA1Vtt..gppraaClt Tule—Lake- lift- aridge -- Navigation -, $9ulayard, Cornnn Chrigt,{ s Texas, up to but not in excess of the full requirements for a total connected load of 304 kilowatts for the operation of the following equipment upon Customer's premises at said location: 11PO — 2011 N P M.J! r - Anx413ar3! Motors,._Sisaiaes aad-- Iatgh#in6- APPrau3mats1Y��W 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 purposes of billing for service and energy furnished hereunder, Customer's maximum demand shall in no case be considered less than �tlowatts. 3. The electric service furnished hereunder shall be supplied at_ AL0 volts, (metered at 460. volts), Three 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. * MSS -7 Rate I=Orporating $200.00 Minimum Monthly 8i11 _ 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 April 29 , MR_ or upon such earlier date as service shall be furnished to Customer hereunder at the request of Customer and shall continue unless terminated as Drovided for herein until April 29 19-44—, 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 WITNESS: �y- .gf�ptta Chrintis Tex ,' Customer WITNESS: Title CENTRAL POWER AND LIGHT COMPANY By Vice President (Company) c •� t Form CP -145 -Rev. • TERMS AND 'CONDITIONS GOVERNING ELECTRIC SERVICE Furnished By CENTRAL POWER AND LIGHT COMPANY Issued March 1, 1957 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 L31 times. The Company will not make refunds due to the dffferance, 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 houtation 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 m additional aount of money sufficient to make the total amount on deposit with Company equal to the amount of hills for said two consecutive months, and Customer agrees in such case to so deposit with Company such additional amount of money. CUSTOMER'S SERVICE ENTRANCE, METERING AND TESTING OF METERS: Customer shall provide a point of connection on his premises or building (where there is an overhead distri- bution system) sufficiently high above ground level that the clearance required by the National Electrical Code can be maintained as to the service extension. Customer shall provide at a point on his premises, to be mutually agreed upon, a suitable location for the in- stallation of meters and such other equipment as Company may deem necessary to enable it to deliver power and energy hereunder, and properly protect the Company's property on Customer's premises and permit no one to inspect or tamper with the Company's wirings, meters, apparatus and equipment, except the Company agents and persons authorized by law to do so. All bills will be calculated upon the registration of said meter or meters. Customer's service entrance shall be so arranged that the Company can measure the Customer's entire electric ser- vice with one meter unless otherwise specified in the rate schedule. Should any meter fail to register, the electric power and energy delivered during the period of failure shall for billing purposes, be estimated from the best information available. Maximum Demand: The maximum demand supplied to the Customer where needed to be known in the computa- tion of bills shall be determined by a standard approved type of demand meter and the readings of said meter shall he 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 cent (2 %). inaccurately and its error shall exceed two per Testing of Demand and/or Watt-hour Meters: Meters will be tested as reasonably necessary, and whenever any test shall show either meter to be registering in error be- yond the limits specified, such meter shall be adjusted within the limits of error so specified and whenever said (Over) CENTRAL POWER-AND LIGHT COMPANY SCHEDULE 1 bWMCIPAL LIGHTING AND POWER SERVICE AVAELABUM 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, 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 U 5200.E per month ' 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 COmmoNS Service will be furnished under the Company's Standard Terms and Conditions. OF CORPUS CHRISTI, TEXAS �9 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN: FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCES A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCEDy AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; t� 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, MAYOR THE CITY OF CORP S HRISTI� TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: ELLROY KING d `V JAMES L. BARNARD 6`L_ MRS. RAY A I RHEART CZ, 0 JOSEPH B. DUNN 1p �1 PATRICK J. DUNNE R. A. HUMBLE ar GAGE L. LOZAN O, SR. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: ELLROY KING JAMES L. BARNARD Q MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE L. LOZANO, SR.