HomeMy WebLinkAbout1947-03-14 Regular MeetingUrditance No.
An ordinance providing for the Eelection, of a
City Secretary and prescribing hie duties.
Be it enacted by the City Council of the City of
Grapevine Texas that there shal k be created, the
office of City Secretary.
#2
el; :hal be elected at the General election of the
City on the Fiat Tuesday in April for a term of
two year beginning on the at day of 1 -Tay following
said election.
He shall keep the records of said City, sign the
warrants and vouchers, collect all bills and accounts
due the City, and *We reqaested by the Uity
Ctuncil, assess and collect the City taxes, and
perform such other duties as are prescribed by the
general laws of the State of Texas and the ordinances
of the City. 4
He shall enter into such bond,, payable to the rTayor
and his saocessoer in office as the City Council
may direct and shall receive such corpendation,
as may be set by the City Council.
The fact that there is no definite ordinance covering
the, atter herein mentioned, creates an emergenet
all rules are suspended and this ordinance shall
be efactive iediately.
zrayor-
A-lu-test this the
14th day of h -'arch A.D. 1.947
- - - - - - - - - - - - - - -
OT,T THE _j4__DA:f OF,.M&,r*h__ CITT OF,
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ANUI.TING Or THE CIL'17 COTJYCIL-C�- 4N OY
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,T TO -WIT:
Q,�J. Millicanj, Doone Lipsoomb, H.C. Yanosy,
... . .... .....
J.P. Starr'. .W of
Willhoit
DURING SAID MM-P,1TING, 1. PROPOSEM COI TM? CT a,,,TvjlmiN TIFEIIEI, CITY OF,...
,LMD " i - -�`T FOR �-1 STUTPILY 01T EL11" T r-
Tp,'X-,'3 POV,21� LIGHT CO!',.,PiUPY , P�,-ZOVIDP,.,
poVqlE, T -11 O'x
_4NJ� 110 BE USED BY UT, CIT1 T FOR Vqcater. 4Pumping,
FO R "i. TOW OF 10- - YLL-RS, BEGIL'jl IM g 1947 ) 11113-
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FICkTION .911D FIL"M IN 7,11E M7CORD3 a' T.., CT` T.
TlMEUPON, ri-IME, FOLLOWING RESOLUTION Wl'03 OFFERED BY COUNCIEUUT-Ga-,a�,-
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T)TY
By Cof
SjjvM BEED, '7DIOPTED BY 7-i2- �YVJNU_1_17S VOMES
OF ALL PMEMENIT TO -WIT:
411 "EfTE CITY OF !:M, SOLIv-ED i`�,YO R Ort, "L
MEXA$, BIR, aU,40 IS !U,R_4,BY iUTEORR lVD MITIPOlUERED TO 1,11AK2 i?OT AGROM-4-1ENIT OR CCN-
Tll'iCT IN TIIF-� NIJM �*M IN Bill"MALIF OF THE CITY. OF-4rapovine- WiTh-
TMW PU�',112R & LIGHT CUNM.ANY FOR _,`' MIMI, OF 1,0.
1� 4-7.1 PROVIDTING FOR .1"i. SM" LY OF RL'Ol CTRIC PM,14,R JTD ENERGY TO B'a USLD BY
SIM. TO EE
CITY OF.,%r_apGvinw, __ gTLEX�-,,S, FOR
IN r
.Lirtg FORvj SUBMUlf,"11LD To THIS LEETING.
ATTEST: I ... .. ,SECRSLJZY OF UC CITY OForUpqVjUG 1
T' S, HL,.-to3y CERTIFY T.H_l.T FOTE GOITIG ISA '21M ,;YD CORIECT COPY FROM 'TIT
MAINUTES OF "EHE j4,arl,74,"4TING OF TIE CTTT COIJNCIL-Celveffa5lf-�TTI MEW ON M -D
1,4.Iia OF, 19,47
FORM (B A
XAXS LET'S
ALK TEXAS
11 5111
McKinney, Texas
April 3. 1947
. B. R. Wall, Mayor
City of Grapevine
Grapevine, ° n, Texas
Dear Air. Wall . -
Attached is copy of
agreement covering
power service to your water works. This for your file®
We appreciate being
permitted to serve
this additional road at your waterworks., and l hope
that you and your successor will feel free to call on
us at any time we can be helpful to you'with your
electrical problems.
Yours very truly,
H* S. Ware,, Manager
HSW,-Jrl
Attach.
Form 1333-4-41
t
Agreement for Electric Service
for Water Works Pumping
C1,
THIS AGREEMENT, made this 14th day of h , 190
by and between the CITY OF
9
a'duly created and existing municipal corporation of Texas (hereinafter called
"City"), and TEXAS POWER & LIGHT COMPANY, a Texas corporation (here-
inafter called "Company").
WITNESSETH:
WHEREAS, the Governing Body of City has by proper action taken at a meeting held on the
lh day of March 19 , in compliance ` with all applicable Iaws
ordinances, and governmental regulations, duly authorized and directed its officers to make this agree-
ment providing for a supply of electricpower and energy to be used by City in the operation of its
water works pumping' plants.
WHEREAS, Company is able and willing to supply all the electric service City may now require
for such operation.
NOW, THEREFORE, in consideration of the premises, of the mutual covenants and agreements
herein contained, and of the mutual benefits to be derived herefrom, the parties hereto hereby covenant
and agree as follows:
1. 'Company will supply and City will take and pay for all the electric power and energy required
for the operation of City's pumping plant located —on public n
G ' , Texas,
(State street number, if any, otherwise' give location reference)
up to a maximum of 90 horsepower, consisting of a connected load of
OU Water won pMaj 1- 25 bp mokr on M&= f&MM Actdre IMQ mad
- 15 bp emergonoy mour and for incidental building and yard lighting.
2. The electric power and energy delivered hereunder shall be in the form of single phase,
volts, and three phase, Its, alternating current at 60; cycles (with
reasonable variation to be ' allowed in both frequency and voltage) . Such power and energy will be
measured at volts.
3. The point of delivery for the electric service' supplied hereunder shall be 01 the
service tendnal of the ter works pign%
and maintenance by Company of the above stated voltage and frequency at, said point of delivery shall
constitute delivery of service for the purpose of this Agreement.
4. Service hereunder shall be rendered, except where specifically provided herein, in accordance
with the terms and conditions of Company's service regulations, hereby made a part, hereof, and the
following rate schedule:
$25.00 net per month, which $25.00 includes the use of 2500 kwh
le net per kwh for all additional kwh used per month
Minimum monthly bill: $1.00 per HP connected, exclusive of duplicate or emergency
equipment, but not less than $25.00
Minus or plus one-half of one per cent of the amount computed at the above stated rate for
each whole point in the "All Commodities" index below 60 or above 110, respectively. For this
purpose there shall be employed the average of the three most recently published monthly
values for the "All Commodities" index taken from "Wholesale Prices" compiled by the United
States Department of Labor, (adjusted to a 1926 base if any other date should be used for the
base by the United States Department of Labor). Failure to apply this provision in event of
variation in such "All Commodities" index shall not constitute waiver of such right as to any
subsequent variation
Plus the proportionate part of any new tax, or increased rate of tax, or governmental imposi-
tion or charge (except state, county, city, and special district ad valorem taxes and any taxes
on net income) levied or assessed against the Company or upon its electric business as the
result of any new or, amended laws or ordinances after January 1, 1939.
The above rate schedule is the established rate of Company on file, at the date of this Agreement,
at Company's office for the class of service contracted for. It is understood and agreed, however, that
this rate is expressly subject to change from time to time by such governmental regulatory or other
body as may have jurisdiction in the premises.
5. City may request in writing from time to time additional power in excess of the amount which
City may at such time have under contract, as specified in Paragraph I hereof, and Company will make
such additional power available within sixty days from date of such written request, provided that in
Company's judgment the unexpired term of this Agreement is sufficient to justify Company in making
such additional power available to City. When additional power has thus been made available by Com-
pany, the maximum quantity of power specified in Paragraph I hereof shall be increased accordingly.
If Company is required to make an additional investment in facilities to serve such additional power,
City, if requested by Company, agrees to execute a new agreement or agreements at Company's regular
published rates for such altered service and under such terms and conditions as will justify Company
in making the added investment, which agreement or agreements shall supersede and be substituted for
this Agreement.
6. City will install and maintain its electrical equipment in a thoroughly safe and effident manner
and in full compliance with all the laws and local ordinances and service regulations of Company effective
at any time during the term of this Agreement. Company, however, does not assume the duty of inspect-
ing City's wiring, machinery, or apparatus, and shall not be responsible therefor. City will properly
protect Company's property on City's premises, and will permit no one to inspect or tamper with
Company's wiring and apparatus except Company's agent or persons authorized by law. City assumes
all resonsbiility for the electric current upon the wires, apparatus, and appurtenances of the City used
in connection with the delivery of power hereunder, and will protect and save Company harmless from
all claim for injury or damage to person or property arising therefrom, except when such injury or
damage shall be shown to have been occasioned solely by the negligence of Company. City will provide
on its premises, at points to be mutually agreed upon, suitable space for the installation of such equip-
ment as Company may deem necessary to enable it to deliver and measure the power and energy herein
described.
7. It is recognized that the primary obligation of City hereunder is to take and pay for electric
power and energy for the term and at the rate herein specified, and, in the event of breach or default on
the part of City in such obligation, Company may, at its option, either enforce specific performance of
this Agreement or declare the contract terminated, as provided in Company's service regulations, in
which latter event, in addition to the amount then due for service hereunder, there shall immediately
become due and payable to Company, as liquidated damages and not as a penalty, a further sum equal
to the total, for the unexpired term of this Agreement, of the monthly minimumamounts guaranteed
hereunder.
8. This Agreement supersedes all prior agreements between City and Company for service men-
tioned herein and all representations, promises, or other inducements, written or verbal, made with
respect to the matters herein contained. It is subject to all laws and governmental regulations and to
the provisions of Company's franchise, and is not binding upon Company unless and until signed by
tl�l'CC1tLC11U '511a11 NG i✓iuuuib :uyv— vv ... k✓wxay ans . ate..+. v.v.J.,.. ....v ---t, --- ...-yam..-..... _j .. w- --,
and modification of any one or more provisions of this Agreement by mutual consent in writing, as afore-
said, shall not affect any of the remaining provisions hereof not so modified.
9. The obligations of both parties hereto shall commence and Company's rate schedule hereinabove
specified with the guarantee therein set forth, shall begin to apply on ,t , i9_A71
or upon such earlier date as City shall have begun to take electric power and energy hereunder, and
shall continue, unless terminated as herein provided, until March 8 19 , and shall
be automatically extended for a period of X14 years from each expiration date, unless
and until either party shall notify the other in writing not less than 30 days prior to such expiration
date of its desire to terminate this Agreement.
10. This Agreement shall inure to the benefit of and be binding upon the legal representatives,
and successors, by operation of law, of the parties hereto, but shall be ,voluntarily assignable by either
partly only with the written consent of the other, except that Company may, without City's consent,
make such assignment: to any person or corporation in any lawful way acquiring or operating all or any
part of Company's property used in supplying service under such agreement.
IN WITNESS WIIEREOF, the parties hereto have caused their corporate names to be signed
hereto by their respective officersand their corporate seals to be hereunto affixed attested by their
respective Secretaries, this the day and year first above written.
CITY OF_ ,� � `t (City)
By
VN Mayor
ATTE
4419
City Secretary
(Affix City Seal) TEXAS POWER & LICIT COMPANY,
Vice -President
ATTEST
Secretary
-fffaorporate Seal}