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HomeMy WebLinkAbout1939-02-10 Regular Meetingess motion carried to adjourn ayor AN ORDINANCE grunting to Southwest Telephone Company, a corporation, its:sueces8brs,.and assigns the permit to establish monthly rates for local telephone service in the City of Grapevine, Te:x3s, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRaREVINE , SECTION 1 -- That the right, privilege, and permit Is granted to South- west Telephone Corflpany to put in effect without objection on the part of the City Council of the City of Grapevine, Texas, the follow- ing monthly exchange rates for local telephone service with the in- stallation of a manual common battery telephone service in the City of Grapevine, Texas. Class of Service Individual line business Business Extension Individual line residence ;^secs party line residence Residence extension p. and set extra cherFo Monthly Rates 3.75 .75 2.25 2.00 .50 .15 SECTION 2 -- That the schedule of rates outlined in Section 1 sh&11 not be made effective until the work of installing the manual common battery telephone service has been completed. _ Duly passed and approved on this the p ---. day of.�ca,.ti�-� it. D. 1939. Attested: C i t )Clerk. (signed) R�Is• Mayor 7nand for the City Grapevine, Texas. UQ A� Zi ct w to ► y O A M C+ ri w L r4' ' €7 is m A tD ti !D O ay O `i' y! y w A m (D�' a r+ tri t C3 m A w et ib i� a m kY CD is w ID m Ri Ci a t=� .., t '� O c+ (n m CU m w N ct pa m is C? H N t13 Ct) m m m ct m C# c+ -E i'O ct 0A 3s w to O pi a j= CA CD ? «+� iy a+ C+ t-'' H. O � q 1�1 • e Y t y M O m • s A is �y p m . c+ O m m 0O mt� p, e+ m (TQ ib et t�� ���DD cc cC a. m C� C+ �-3 ts d 0 I ` Y (D a m 0 M � �y '"� •, � it! 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(D Ito4 i-+� w iy C+ 0 C+ CD CD r a O ID 4 1-4 rt+ `� tD A F+ ri m h.. m _ 1 'd 0 A? t3' � 0 03 +'3 0 O r S m (D G] R9 r t+ 'rl w m C+ CD c+ 33' O �'4 m sd ` H (D m (D (D �r m O O p Ch p� 0 0 M w 0 0 w m w }-j w w a W 00 1 ►�S w m m (D 4' ems+ C ,+ m w m m �s m CD CC+ m Cmt -4 � 0 O b4 tD m fl O r p 0 CD co t0 CD C� cc y 0 0 (D pw O. CO Qd t+ 0 fes. M Cu N M O '+ p. O cf O (D O m m H ts is cf i t m W O P, o' w t 0. r yr `cQ} co CD a C+ CD FORM 10 SOUTHWEST TELEbHONE COMPANY Grapevine, Texas February 16, 1939 Honorable B.R. Wall, Mayor City of Grapevine Grapevine, Texas -Dear Sir: As per Section S of the Franchise -Ordinance Passed by your honorable body under date of Feb. 10, 1939 Southwest Telephone Company acknowledges acceptance of the Franchise -Ordinance in question. Yours very truly, SOUTHVV 'T TEL ON ' COMPANY B i rict hVnffger. RESOLUTION' MEETING OF THE CITY COUNCIL - CO)ffSt OF Lp"_ la4l TEXAS. ON THE AY OF THERE WAS HELD IN THE CITY OF s TEXAS, A MEETING OF THE CITY COUNCIL - CVftN OF : TEXAS, AT WHICH TIME A QUORUYA OF SAID CITY COUNCIL MWAS PRESENT, TO -WITS' * W. DURING SAID MEETING, A FORM OF PROPOSED CONTRACT SET'4EEN THE CITY CF AND TEXAS POWER & LIGHT COMPANY, PROVIDING FOR A SUPPLY OF ELECTRIC POWER AND ENERGY TO BE USED BY THE CITY OF s Plant FOR` to r V s FOR A TERM OF YEARS, BEGINNING ; , I ,`WAS PRESENTED AND, ON MOTION DULY MIME, SECO%bj AND CARRIED, IIAS ORDERED MARKED FOR IDENTIFICATION AND FILED IN THE RECCROS OF THE CITY. ov THEREUPON, THE FOLLG','ANG RESOLUTION WAS OFFERED BY COUNCILMAN I� " - � AND DULY SECONDED BY CGUNC11i.1AN � l1110 THE SNAE BEING DULY ADOPTED BY THE UNANIMOUS VOTE OF ALL CWNCILMEN'- NM PRESENT, TO -WITS RESOLVED THAT -~ , MAYOR OF THE CITY OF -_...0 , TEXAS, BE AND IS HEREBY AUTHORIZED AND EMPOWERED TO MAKE AN AGREEMENT OR CONTRACT IN THE NAME AND IN BEHALF OF THE CITY OF =t TEXAS, ';;iTH TEXAS PGMIER AND LIGHT COMPANY FOR A TERM OF . YEARS, BEGINNING ab *7, hr,9 PROVIDING FOR A SUPPLY OF ELECTRIC POWERAND ENERGY TO BE USED BYTHE CITY OF Qx'Tcow o,4 T TEXAS, FOS = SAID AGREEMENT TO BE IN THE FORM SUBMITTED TO THIS MEETING. ' , SECRETARY OF THE CITY 0 __, TEXAS, ATTEST, I, W HEREBY CERTIFY THAT THE FOREGOING IS A TRUE AND CORRECT COPY FRCM THE MINUTES OF THE MEETING OF THE CITY COUNGI , 4 aM. N HELD ON TF.E DAY OF I � SECRETARY � (SEAL) Tm ems, P EXAMS LETS TALK TEXAS cnney, Texas barc h 1, 1939 Hon. B. R. Wall, Mayor City of Kaevie, Grapevine, Texas Dear NO. Wall: Attached is copy of contract covering service to yyour eater works pumping plant. This s for your Yours very truly, Form 1AkV-1a-s6 Agreement for Electrical Service for Water Works Pumping THIS AGREEMENT made and entered into as of this_ _._,-.--_._day of._.._..._.•... ..........1 .., by and between the CITY OF........ gam ....... •••-• . ..... .......•-_.... .. a duly created and existing municipal corporation of Texas (hereinafter called the "City") and TEXAS POWER & LIGHT COMPANY, a Texas corporation (hereinafter called the Company), duly author- ized under the laws of this State to generate, transmit, distribute and sell electric current for light, heat and power purposes within the State and particularly the City of-... 11hWARIAM:.... •-...-••-•- WITNESSETH: WHEREAS, the Governing Body of the City has by proper action taken at a meeting held on the..... .... . ........ . ._-. __-_- day of___-__._ _._..------------------------------•- --- .. 19 ., in compliance with the provisions of all applicable laws, ordinances and gov- ernmental regulations, duly authorized and directed its officers to make this agreement or contract providing for a supply of electric power and energy to be used by the City in the operation of its water works pumping plants. NOW, THEREFORE, the parties hereto mutually agree as follows ARTICLE I. Subject to the terms and conditions herein stated, the Company will, until the expiration or other termination of this agreement (unless prevented; by one or more of the" causesmentioned in Article VII hereof) deliver to the City at a meter or meters to be installed by the Company, as herein provided, at the City's Water Works Plant at---___'_... ..A .. ••••• --___. ... ----- ----- --------- • -- - -- -.an' the City of -------------- ------------------------------------ -.- herein Balled the "Point of Delivery") electric power and' energy of the character commonly known as three (3) phase, of approximately sixty (60) cycles and _.-............. •..._. '------. ---- ( )'volts (with reasonable variation in either direc- tion to be allowed in frequency'' and voltage) at any rate of supply the City may desire up to but not exceeding a Contracted Load of ..... {_._.._ `) horsepower for the 'operation of its pumping equipment, at present consisting of a `con- nected load of., �..... - --------------------------------------- ----------- ------ ---- -- and for incidental building and yard lighting. From and after the date upon which the Company shall begin to deliver electric power and energy hereunder, the City will purchase and take from the Company all the electrical power and energy required for the aforesaid purposes to the extent of the City's fullrequirements, up to, but not exceeding, the Contracted Load above specified, and will operate said equipment with such electric power and energy. ARTICLE IY. City will,, at its. awn cost and expense, secure for and in the name of the Company all rights-of-way and permits necessary for the performance of this agreement. ARTICLE III. On or before the tenth (14th) day from the date of billing each month City will pay to the Company for service rendered here- under between the last two, (2) meter readings taken for billing purposes (herein called the "Billing Period") an amount equivalent to; 4 1c net per Kilowatt hour for all, Kilowatt hours used per month. Minus or plus one-half of one per cent of the amount computed `at the above rate for each whole point in the "All Commodi- ties" index below 60 or above 110, respectively. For this purpose there shall be employed the average of the three most recently pub- lished 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 employed for the base by the United States Department of Labor). Failure to apply this provision on account of variation in such "All "Comodities" 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 imposition, except any ad valorem tax of the state or any governmental subdivision thereof, levied or assessed against the Company or upon its electric business as the result of any new or amended; laws after January 1, 1938. Provided, however, that the City shall pay the Company each month a minimum net amount of $1.00 per Horsepower con- nected exclusive of duplicate or standby equipment, but not less than --- J1 __• __.._ '_____ _____________ ....Dollars per month irrespective of the quantity of energy delivered. ARTICLE IV. shall supersede and be substituted for this agreement. A kTI6LE VI. have been occasioned solely by the negligence of the Company. The City will -provide on its premises at points to be mutually agreed upon a suitable; space for the 'erection of such poles, lines, transformers, ;lightning arresters, and other equipment as may be necessary to enable the Company to deliver the power and energy herein described. ARTICLE VII. The Company will make reasonable provision to insure satisfactory and continuous' servicebut does not guarantee a continuous supply of electrical energy and shall not be liable for damage occasioned by interruptions or failure to commence delivery caused by an act of God or the public enemy, inevitable accidents, fire, floods, ex losions, strikes, riots, war, delay in, receiving shipments of required material, order of any court or judge granted in any bona fie adverse legal proceedings or action, or any order of any com- mission or tribunal having jurisdiction in the premises, or interruptions necessary for repairs or changes in the Company's generating equipment or distributing system; or, without limitation by the preceding enumeration, any other act or thing reasonably beyond its control. No payment, however, shall be required from the City for service which the Company herein agrees but fails to furnish. ARTICLE VIII.' If the City shall default at any time in any payment which under this agreement becomes due to the Company, and if such de- fault shall continue fora period of thirty (30) days after demand or receipt of bill for such payment, then the Company, shall have the right, at its option, in addition to all other rights and remedies at law or in equity, to cancel and terminate this agreement or to discon- tinue the delivery of power and energy without cancelling or terminating this agreement, until all moneys due to it under the terms hereof shall have been paid, and this option may be exercised'; by the Company 'wherever and as "often as any such; default shall occur and continue for a period of thirty (30) days after demand or receipt of bill for such payment; provided, however, that the Company in every instance shall give the City notice of its intention to exercise such option at, least ten (10) days before terminating this,agree- ment or discontinuing the delivery of such power and energy. Such notice must be in writing and may be served either:: by delivering personally said. notice to the Mayor, or Secretary of the City or by depositing it with the :proper ;postage fully prepaid thereon' in the United States Mail properly'addressed to the Mayor or Secretary of the City. Neither delay nor omission on the part of the Com- pany to exercise such option shall be deemed at any time to,be a waiver by it of its right to exercise. such option. In view of,the-difficulty of estimating with exactness the damages which will result from a breach of the City's obligations to take and/or pay for electric power and energy hereunder, the parties hereto have computed, estimated and agreed upon the amount hereinafter referred to as liquidated damages, and not as.a penalty, for a breach either of the City's agreement to take power and energy and/or a breach of its obligation to pay for same, to -wit: In the event of such breach, in addition to the amount then due for service hereunder, there shall immediately become due and payable to the Company a further sum equal to the sum, of the minimum amounts guaranteed for the unexpired term of this agreement, pursuant to rate schedule: as set forth in Article III hereof. ARTICLE IR.. Nothing in this agreement expressed or implied is intended or shall be construed to confer upon or give to any inhabitant or citizen I of the City or to any person or corporation other than the ;parties hereto any right, remedy or claim under or by reason of this agreement or any covenant, condition or stipulation hereof, and all "covenants, stipulations, promises and agreements in this agreement contained shall be and are for the sole and exclusive benefit of the parties hereto. ARTICLE R. For any and all purposes reasonably connected with the delivery and receipt of power and energy and the exercise of any and all rights hereunder, either party hereto shall, during the term hereof, at all reasonable times have the right of ingress to and egress from the premises of the other party where such power and energy is generated, transmitted, 'delivered' and received. ARTICLE XI. The City will not use or permit to be used electric power and energy delivered hereunder except for lighting, heating and power purposes upon its premises and will not sell or otherwise dispose of any of the electric power and energy furnished hereunder. ARTICLE XII. The Company shall have the right, to be exercised at any time within sixty (60) days after the expiration or other termination of this agreement, to remove any of its property, do-wit: meters, wires, poles, machinery, apparatus and fixtures, that it has'there- tofore installed at its own expense on the premises of the City. ARTICLE XIII. This agreement supersedes all prior agreements between the Company and the City for services mentioned herein.. It is subject to all laws and governmental regulations and the provisions of the Company's franchises and is not binding upon the Company unless .and until signed by one of its officers. ARTICLE XIV. Subject to the provisions of Article VII hereof, the obligations of both parties shall commence and Company's rate schedule hereinabove referred to, with the guarantees above set forth shall begin to apple on the ------ 7_.-____ _day of__: r da 19` s or upon such earlier date as the City shall have begun to take electric power and energy hereunder, and shall continue, unless termi- nated as herein provided, until the --- --- .____-______day of...... .------- ............. 19 ........ and shad bind and benefit the respective successors and assigns of the parties hereto. If for any reason a courtof last' resort in this State shall determine that the; parties hereto, or either of them, were or was without legal capacity to contract for the period herein stipulated, then the parties hereto agree that this agreement shall run for such reasonable, period as the court shall determine to be valid and binding upon both parties. Unless written notice is given by either party hereto to the other not less than thirty (30) days before the expiration of this agreement, it shall be automatically renewed for an additionalperiod' of ______________years, and shall be automatically renewed thereafter in like periods until cancelled by said written notice served not less than thirty (30) days before the expiration of one such renewal period. IN WITNESS WHEREOF, the parties hereto have caused their corporate names to be signed hereto by their respective offi- cers and their corporate' seals to be hereunto affixed, attested by their respective Secretaries, this the day and year first above written. CITYOF- ............. .... -- -------- ........... . ......:.........(City) By_•- ..--------_.... •---• . .......................................... Mayor. Attest: ....................... fir.......... .............. ........ ............. ..._ City Secretary. (Affix City Seal) TEXAS POWER & LIGHT COMPANY, gy-------- -----•-- ..---. .--- -- ........ ....... ....... ... _... i.......... Vice -President. Attest: ................. ----- --- ........................................... Secretary. fix orporate Seal) ON THE DAY OF " _ , 19 go THERE WAS HELD IN THE CITY OF A MEETING OF THE CITY COUNCIL -JabW OF 9 WHICH TIME A QUORLM OF SAID CITY COUNCIL WAS PRESENT, TO-WITf s Ti +ti*_ A It INAi DURING SAID MEETING, A FORM OF PROPOSED CONTRACT BENEEN THE 'CITY CF ago-soldAND POWER & LIGHT COMPANY, PROVIDING FOR A SUPPLY OF ELECTRIC POWER AM ENERGY TO BE USED BY THE CITY OF FOR FOR R TERM OFYEARS, BEGINNING, 1934, WAS PRESENT AND, ON MOTION DULY MADE, SECC%Dj AND CARRIED, GAS ORDERED MARKED FOR IDENTIFICATION 40 FILED IN THE RECCRDS"tF THE GIT THEREUPON, THE FOLLOWING RESOLUTION VIAS OFFERED BY COUNCILMAN - 0614*N 64064 T ASA DULY SECONDED BY COUNCII14AN - N104eCIMER A� W,,THE SAME BEING DULY ADOPTE[ UNANIMOUS VOTE OF ALL CCUNCILMEN - 0Wliifii:4*#%_ PRESENT, TO -WITS RESOLVED THAT , MAYOR OF THE CITY OF BE Atli IS HEREBY AUTHORIZED AND EMPOWERED TO MAKE AN AGREEMENT OR CONTRACT IN TIE NAME AND IN BEHALF OF THE CITY OF TEXAS, 1-3TH TEXAS PMER AND LIGHT COMPANY FOR A TERM OF YEARS, BEGINN l9 PROVIDING FOR A SUPPLY OF ELECTRIC POWER AM ENERGY TO BE USED BY THE CITY OF TEXAS, FOR SAID AGREEMENT TO BE IN SUEdITTED TO THIS MEETING. ATTESTs '1, _ , SECRETARY OF THE CITY -OF HEREBY CERTIFY THAT THE FOREGOING IS A TRUE AM CORRECT COPY FROM THE MINUTES OF THE MEET IFS OF THE CITY COUNCIL -WIELD ON Tf E _ DAY OF A f FARM IB A 1, TALK i" r+` C, Z, ,. s....aste Svr _ �._, T rllows: t le for the operation of the street lighting system :in. the City of�... ..... ...... ....... ........ contiacte& Load of __..„ .candlepower as follows: ..... ,..... ......: )tul6,dluG} a�T3 � t'q of umogs aq;it'gs aZ—t'uzap .#o Sinfut plus aaagm'Idoaxa °sn4vat'ddle ao saatm piles ao iva t� aq4 uodn 2utanaoo 44aadoad ao suosaad o3 a.Sumvp ao Aanfut xoS suitt'ta file utoa ssaima Itmaaauj umpauuoa ui pasn saauuuajanddu`puv sn4t�auddu 'skim aql ao; pule sastuxaad s,A )saga aiquat;ddu saouumpao pule smut tiu u3tm, oaumIduzoa ;In;'ut puu-'Jauuguz 3tiatarpa pule a;es BIcl�noaogi n let panaas aq'=fiuux gagm saauuua�anddt' pug` �uauxdnba ;uaa1aa;a Si. ;o kut' utu�.uuux plea j;t'isut`;;tm A3t0 airy I isle ;o let t'a I oq A10,lsKoct'a;ptcua xact at'afi lad a o xuali Amba �tzttauzu ;un ijuacuaax�u stq� Sq paaanoa poixad zgs saa4uuat'nd " [xticYtzzoa �soa gotgm 'g uouz '�u4)paaaxd ag1 ao ;oaaogl `�"soa tt'n�au agz .¢uniituo ate �S d giiiouc enAauaa pule aauuua4utuw Bans ao; ;utaa4vtu ptxu :xoqu1'ag3 qs uan.i"satiatuaauddea 6iussaoau Bans ;o, suouIt'aoI age rspaupupgs.duutu3s t;o �nbaodn�auo�aut�uo` fuduo�aaausaa`f-�ft'sagot , ufso �le�aa�tgm spans 5tt m let i xrtatiu age utpaaaat, �3t tt tliuoux suptio;ua age So tcat��:ttt%a b aaojaq poisonbax ss tun Tznduzo� :un o4 su laanamog 'aputu ag I;nus, 'Al2utpaoaau opuuz �uaut�fud piz pa�aasaoa aq ;tugs oaxagl E os st aaJaux pit's aanauagm pue par;toac s os aoaea Aj6 sgturtt oq3 utq�t& aa3st.2aa o� pa snfpt'aa" aq I;aids zopm Bans ds sjtwt; ,oq3 puoAaq„zo .za_ let .2uiaajgt2a , aq of iogatu fug molts ,tin r�sa� -�uu as auagek pule A4 d jp o oql aauasacae zt sxaatns dxu`- qoa;oiq anoau ;o Ql g) aad oma paaaxa Iings aoaa2 agj=pule �S;ajt'jnaanuj ;a3st2az oj, puno; aq IIvlq saa aux ao ja4aux �e uodn 'ssatun °aadiunaxag` pat dd` �X xoua `fid �ji4w6nb of � su 6,*Dptne oetsn;otioo, ,patuaap eq Ijt'gs ;oaaagx }uotu pugs aq I;ugs "saa `btxz ao aaiam plt'S ,joaaeg I a;ate zy iii pat;r�ads s4utod ao 3utod oq3 4t'. �Suudutoo 91q3 Sq gaux anot13,.um 2utjt'aa4ut uu ;o, sumaux &g poultutolop So-4-unowt aqL ARTICLE X. City will not use or ;permit to be used electric power and; energy, delivered hereunder except ; for lightini ;ll or otherwise dispose of any of the electric power and energy; furnished hereunder. ARTICLE XI. [led at its own expense to render the service herein specified. ARTICLE XII. = by one of its officers. ARTICLE XIIL :t to the provisions of Article VII hereof, the obligations of both parties shall commence and the Company's referred to, with the guarantee above set forth, shall begin to apply on the:.......:......day of..... *MOW .............. lamps, and shallbind and benefit the respective successors and assigns of the parties hereto. If for any reason a court of last resort in this State shall determine that the parties hereto, or either of them, were of without legal capacity to contract for the period herein stipulated, then the parties hereto agree' that this agreement shall ru such reasonable 'period as the court shall determine to be valid and binding upon both parties. Unless written notice is given by either party hereto to the other not less than thirty (30) days before the expiration of agreement, it shall be automatically renewed for an additional period of ---- ---= ----- -years from such expiration date, and shall be „ jmatically renewed thereafter in like pe 'odsu? iI cancelled by said written notice IN WITNESS WHEREOF, the parties hereto have caused their corporate names to be signed hereto by their respective' cess and their corporate seals to be hereunto affixed, attested' by their respective Secretaries, this the day and year first above wr CITYOF ----- ........ ............................ •----... -------------- ------ y•( B Mayon Attest. .... ....: -..... City Secretary. (Affix City Seal) TEXAS POWER & LIGHT COMPANY, Vice-Presideni Attest, _... ••--•-•-•••-- ...... ......... ............................................. Secretary. (Affil orporate Seal) M ' OUTIM S 94!R!24 sat : 0k cost, *41 .'. . 40m, 44wa 6*27 am Nee son 44*4D Bon 47*7Z 49*99 03,31 .® y 1140 JOT 2n Augu*t X9$ septet*vr =3 1#410 oeubw 366 ft .. .����yyyy DSO*Xbf* 46 to S 94!R!24 sat : 0k cost, *41 6a7 44wa 6*27 am Nee son 44*4D Bon 47*7Z 49*99 03,31 .® y