HomeMy WebLinkAbout1939-02-10 Regular MeetingRegular meeting of the City Glounci-1 of the City
of
Grapevine held on February 10th, 1939 with the following
present: 3. R. Wall Mayor pre.-Jiding, C. 1% "MUllican,
D. B. Austin, A. 19. "Jillhoite, Boone Lipscomb and
H.
0.
Yancey, aldermen.
-4
iffinutes of last regular meeting; read and approved.
The following bills were read allowed and ordered
paid:
Texas Power and Light Company, Pumping $53.78
C)
Street �r50.,49
$104.27
W. J. Henderson, 'later 3up't,
70.00
J. S. Daniel, Marshall Salary
25.-")o
B. H. Starr, Nightwatch,. Hi ghwqy intersect.
5. -OG
H. T. Hurst, Dumping Ground Rent 1933 to 36.
inclusive less City taxes 1933 to 38 Inc
13.30
Rent '30.00
MAXM,Fi S�i
Taxes � 16.70
J. J. Bragg feed for transient
.75'
V. Langley, 1 day vvith team
5.00-
Im. Stockton 4 days. re-gular 1 day extra
7.50,
Southwest Telephone 'Co. Phone
3.75.
H. C. Yancey, Express on water to austin
and on me ter a
1.25-
Jaci�801:1, Lights and gas Library
2.00,
Mrs. 11. S. Davis, Library Rent
6.00•
H. L. Higgins, Reading meters
3.50,
C. B. Strain, Feed for transients "--/1:3/38 to
1/14/39
4.60
R. Y. Cate., Street cleaning January 1939
6, 00�
Western AutoAGSociate Store grease, oil gas
Water truck
3.21'
C.11.101illican and Son, Labor, repars pipe. etc
11/12/33 to 2/1/39
75.5P,'
Grapevine 3un,tax notices January, 1939
4.30,
R. B. '. orrow, ',later 'Jell Warrants 2 ($500.00)'
each and interest 6 -.ios
�-1030.00•
H.D.Lipscomib, Int on 4*1000.00 warrants
6 mos 6%
30.00.
Mary L. giggij,6, Int on 1000.00 '.Varrants
30.00,
Boone Li Psco,.nb, Int on 500.00 i7arrants
6 months 6%
15.00
L. Jordan, Fittings for Hollings worth
place and school
1.48,
,ell 11fachinery and Supply Co, 6 meters and
tail pieces
C4.98,,
Axtell and Co. 60 feet copper pipe
4
11.03.
Ft, Worth Tank and Culvert Co. 6 meter boxes
4R5
J.S.Daniel Killing 5 dogs
2.50,
�-�
Willhoite Garage, Storeage, gas, oil etc
5.49,
Over.
Mr. L. 1.. Chaffin, District Talanager of the Southwest Telephone
Company met with the council and after some discussion with the
council the attached ordinance was adopted by the council-.
The Southwest Telephone company was granted a 20 year franchise
as per the attaahed ordinance which was adopted unanimously by
the council:
A new contract with the Texas Power and Light Company was
nade by the council, by unanimous vote, a copy of which contract
is attached hereto:
The contrapt with said Texas Power and Might Company which was
made with, said company on4o-iMmber 9th, 1938 was cancelled and
the order recinded and said contract ofb4tmber 9th, 1933 was de-
clared null and void, by unanimous vote of the council:
No further business motion carried to adlljourn.
City Secretary
I! ay or
--- - --- __7'
4
AN ORDINANCE grunting to Southwest Telephone Company, a
corporation, it s:sueces8brs,.and assigns the permit to establish monthly
rates for local telephone service in the City of Grapevine, Texas,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRai'EVINE ,
SECTION 1 -- That the right, privilege, and permit Is granted to South-
west Telephone Company 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.a.nd set extra chvr.Fo
Monthly Rates
3.75
.75
2.25
2.00
.50
.15
SECTION 2 -- That the schedule of rates outlined in Section 1 shsll 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 'Yk4u -t_-.
it. D. 1939.
Attested:
C i t )Clerk.
(signed) R�`
Mayor in and for the City df
Grapevine, Texas.
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apparatus S Was Or 'ase 0 Company its S T-ree INYA
of it -L OV6 00%
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re �s 50,jLt . j e S v eqjINe 0 co"UW
to ipte-rfe .1.6 City • SUaL of CTav e'vise or
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5. That Southwest Telephone Company, its successors, or assigns, in
consideration of this franchise -ordinance, agrees, during the period of 30
years for which the grant is made, to furnish to the City of Grapevine,
Tarrant County, Texas, at all times,:=telephone .free of cost for local
exchange telephone service for use only in connection with the donduct of
the city+s business. The location of this telephone in the city is to be
designated by the City Council.
6, in consideration of furnishing; such free telephone service, the
said city agrees that this compensation shall be fdr all expense incident
to the exercising of its police power, supervision, regulation and control
to the instrumentalities of the Grantee, in the City of Grapevine, Texas;
and that this service shall be in lieu of any taxes, license charge, or fees
other than the regular ad valorem tax now or hereinafter lawfully assessed.
7. The rights herein granted shall be subject to all existing
police ordinances of the city of Grapevine, Texas, not inconsistent herewith,
as well as all other ordinances hereafter passed not Inconsistent herewith.
8, Southwest Telephone Company agrees to file with the Clerk of the
City of Grapevine, Texas, its written acceptance of this Franchise -ordinance
within 30 days after its approval.
Passed by the City Council of the City of Grapevine, Tarrant County,
Texas, this `per day of�.�1t..,._�, 1939.
unproved:
Becomse Effective
Attested:
City See retary
Mayor
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FORM 10
SOUTHWESTTELE'OHONE COMPANY
1. 4
Grapevine., Texas
February 16., 1939
Honorable B.R. Wall., Mayor
City of Grapevine
Grapevine, Texas
Dear Sir:
As per Section B 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.
i
Yours very truly,
SOUTHVV 'T TELF ON 1 CO VIPANY
B
I rict ger.
0
RESOLUTION
_:nu av MEETING OF THE CITY COUNCIL - COWWSI;N OF TEXAS.
- - - - - - - - - - - - - - - - - - - - - - -
ON THE SAY OF b 19.2, THERE WAS HELD IN THE CITY OF
t�
TEXAS, A MEETING OF THE CITY COUNCIL - 0'" 'S�*N OF
TEXAS, IT WHICH TIME A QUORLM OF SAID CITY COUNCIL -XV143MVI PRESENT, TO-wITj
-r T-8-idine Atd -u%
DURING SAID MEETING, A FOFN OF PROPOSED CONTRACT GET4EEN THE CITY CF AND TEXAS
--- ---
POWER & LIGHT COMPANY, PROVIDING FOR A SUPPLY OF ELECTRIC POWER AND ENERGY TO BE USED BY THE CITY OF
Pumping --mlll,,p--,r,,t-
FOR FOR A TERM OF 01 _j _ YEARS, BEGINNING I WAS PRESENTED
AND, ON MOTION DULY hltDE, SECO%bj AND CARRIED, I,IAS ORDERED MARKED FOR IDENTIFICATION AND FILED IN THE REOCROG OF THE CITY.
THEREUPON, THE FOLLO','IING RESOLUTION WAS OFFERED BY COUNCILMAN -,-%-,W
AND DULY SEODTED BY COUNCIt;JAN -`dm-wsavo* THE SNAE BEING DULY ADOPTED BY THE
UNANIMOUS VOTE OF ALL COJNCILVIEN -,WNlJ§0NEPS PRESENT, T04ITs
RESOLVED THAT I
. MAYOR OF THE CITY OF & .. TEXAS,
BE AND IS HEREBY AUTHORIZED AND EMPOWERED TO MAKE AN AGREEMENT OR CONTRACT IN THE NAME AND IN BEHALF OF THE CITY OF
TEXAS, ',,','ITH TEXAS POVER AND LIGHT COMPANY FOR A TERM OF YEARS, BEGINNING
SUBMITTED TO THIS MEETING.
ATTEST i I,
PROVIDING FOR A SUPPLY OF ELECTRIC POWER AM ENERGY TO BE USED BY THE CITY OF
TEXAS, FOF`. SAID AGREEMENT TO BE IN THE FORM
, SECRETARY OF THE CITY 0 b=r*
HEREBY CERTIFY THAT THE FOREGOING IS A TRUE AND CORRECT COPY MCM THE MINUTES OF THE
MEETING Of THE CITY COUNCIIJIP�Z§Wd SM-N HID ON TF.E j2j#wb DAY OF
v
SECRETARY
.p TEXAS,
(SEAL)
§�
EXAMS
TEXAS
14bid
McEinney, Texas
Krob 1, 1939
Hon. B. R. Wall, Mayor
City Of axapevine,
Grepevine, Texas
Dear Vt. Wall:
Attached is copy of contract covering semice to
your woter works pumpivg plant. This is for your file.
Yours
very trulyo
H. S.
Ware,
ISO=
PA
oil
Form My—io-su
Agreement •Electrical
for •
THIS AGREEMENT made and entered into as of this_% -------day of......._.: ........... 1 .:....._,
byand between the CITY OF-----.-- _.......................................................... ...................•----•-- -
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 ........ ....................................
WITNESSETH: =.
WHEREAS, the Governing Body of the City has by proper action taken at a meeting held on the..... - - -•R-=� L --_---__-------_
day of --------- _---- __x----------•------------ .............. 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 causes mentioned 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 ............ _ �.............. ----•--..........................................
in the City of -.................................................. (herein called the
.................
"Point of Delivery") electric power and energy of the character commonly known as three (3) phase, of approximately sixty (fi
_ $ . (__ } volts (with reasonable variation in either diree-
cycles and -----•-••---•--• .:
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-
00
nected load of_.n' - - - -- =- - = ._..._...
... _. .........................
_._......_..._._.•................•--......----..........-----.......---..........--------•---•--••---•--•----...............---•----•---•-•..._........_..
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 full requirements, 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 own 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 (loth) 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:
le net per Kilowatt hour for all AM 105C04NV`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 per month
nected exclusive of duplicate or standby equipment, but not less than___________________TM:_.___-._.._______..._..___...__.._ p
irrespective of the quantity of energy delivered.
ARTICLE IV.
The City agrees not to increase the connected load above mentioned except on notice to the Company and in the event of any
such increase in the connected load the City agrees to pay the Company during the balance of the term hereof the Company's regular
published rates and the minimum charges for such service based on the original connected load plus the increased load made as above
stated, and the Company's rates charged on said total load shall be applied in accordance with the provisions of Article III hereof.
The City, if requested by the Company, upon any such increase in the connected load, agrees to execute a new agreement or agree-
ments with the Company at the Company's regular published rates for such altered service for the balance of the term hereof, which
agreement or agreements shall supersede and be substituted for this agreement.
The amount of energy supplied to the City shall be determined by means of an integrating watthour meter or meters installed
by the Company in suitable places at or near the Point of Delivery; said meter or meters shall be read monthly and the readings
thereof shall be deemed conclusive evidence as to the quantity of energy supplied hereunder, unless, upon having same tested, said
meter or meters shall be found to register inaccurately and the error shall exceed two per cent. (2%) of accuracy.
Either party may, upon two (2) days' notice to the other, inspect and test such meters in the presence of a representative of
the other party and whenever any test shall show any meter to be registering in error beyond the limits specified in this Article,
such meter shall be readjusted to register within the limits of error so specified and whenever said meter is so readjusted the
readings thereof shall be corrected and payment made accordingly. No such correction shall be made, however, as to any bill rendered
by the Company unless requested before the expiration of the calendar month next succeeding the month in which such reading was
made.
F.j11at0tsj'1!��iif!!
The City will install and maintain its electrical equipment and appurtenances in a thoroughly safe and efficient manner and
in full compliance with all laws and ordinances applicable thereto, and the rules and regulations of the Company effective at any
time during the term of this agreement. The Company does not assume the duty of inspecting the City's wiring, machinery or
apparatus and shall not be responsible therefor. The City. will properly protect the Company's property on the City's premises and
permit no one to inspect or tamper with the Company's wiring or apparatus except the Company's agents or other persons author-
ized by law. The City assumes all responsibility for the electric current upon the City's premises and at and from the Point of Deliv-
ery of power and for the wires, apparatus and appurtenances used in connection therewith, and will protect and save the Company
harmless from all claims for injury or damage to persons or property occurring upon the City's premises or at and from such Point
of Delivery occasioned by such electric current or said wires or apparatus, except where said injury or damage shall be shown to
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.
The Company will make reasonable provision to insure satisfactory and continuous service but 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, explosions, strikes, riots, war, delay, in receiving shipments of
required material, order of any court or judge granted in any bona fide 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.
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 for a 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 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.
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.
•
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, to -wit: meters, wires, poles, machinery, apparatus and fixtures, that it has there-
tofore installed at its own expense on the premises of the City.
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 apply on the ------ 7_day of --------- _........ .._19.........
or upon such earlier date as the City shall have begun to take electric power and energy hereunder, and shall continue, unless termi-
------------------------ 19......... and shall bind and benefit the
nated as herein provided, until the ---------------------------- day of ...... ._--__--__•----------•-----...--.-•_--• ,
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 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 additional period 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.
Attest:
(Affix City Seal)
CITYOF ----------------------- ............................. ........ ................. (City)
Mayor.
City Secretary.
By---------------- ••-•••............ ••---•--•••••••••-•...-----•-•............._......._.........._...I..........
Vlce-President.
Attest:
�,'" Secretary.
Seal)
RESOLUTION
MEETING Of THE CITY COUNCIL - GO F , TEXAS.
ON THE Q tb DAY OF oft, 19 3V THERE WAS HELD IN THE CITY OF
TEXAS, A _ mog"orMEETING OF THE CITY COUNCIL IMWN OF otarevt_ ,
TEXAS, 9 WHICH TIME A QUORUM OF SAID CITY COUNCIL - WAS PRESENT, TO -WITS
..
DURING SA10 MEETING, A FOFM OF PROPOSED CONTRACT BEVI£EN THE OfTY CF at a , AND TEXAS
POWER & LIGHT COMPANY, PROVIDING FOR A SUPPLY OF ELECTRIC POWER AND ENERGY TO BE USED BY THE CITY OF
FOR liAt-0 FOR A TERM OF YEARS, BEGINNING jo as gft & 105, 19 34, WAS PRESENTED
AND, ON MOTION DULY MADE, SECC%oj AND CARRIED, 1♦AS ORDERED MARKED FOR IDENTIFICATION 40 FILED IN THE RECCROS=OF THE CITY.
THEREUPON, THE FOLLOWING RESOLUTION 19AS OFFERED BY COUNCUTAN - OGWAiii'644NER +
AND DULY SECONDED BY COUNCIU4AN - @@*4"T RER , THE SAME BEING DULY ADOPTED BY THE
UNANIMOUS VOTE OF ALL CDJNCILMEN - 0NI6MWGG*%W_ PRESENT, TO -FAIT:
0
RESOLVED THAT , MAYOR OF THE CITY OF _ , TEXAS,
BE AND IS HEREBY AUTHORIZED AND EMPOWERED TO MAKE AN AGREEMENT OR CONTRACT IN THE NAME AND IN BEHALF OF THE CITY OF
, TEXAS, 1-3TH TEXAS PUIER AND LIGHT COMPANY FOR A TERM OF YEARS, BEGINNING
l , 193& PROVIDING FOR A SUPPLY CF ELECTRIC POWER AND ENERGY TO BE USED BY THE CITY OF
* TEXAS, FOR ' Ir SAID AGREEMENT TO BE IN THE FOPM
SUBMITTED TO THIS MEETING,
ATTESTs 1, _ -r e —T.IUU" , SECRETARY OF THE CITY OF TEXAS,
HEREBY CERTIFY THAT THE FOREGOING IS A TRUE AM CORRECT COPY FROM THE MINUTES OF THE ltg
MEET1% OF THE CITY COUNCIL - , ,ELo ON TFE DAY OF � ir , f
(SEAL)
SECRETARY _ ^✓'�
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7, �,
Form 1332 11-38
s Agreement for Electrical Service
for Street Lighting
METERED- ALL NIGHT SERVICE "
THIS AGREEMENT made and entered into as of this.__ _.___,-_ ay of .......... ...:.........
byand between the CITY OF ...........:... .............. ............................ ..:._...... ,....... _.............. _......_....
a duly created and existing municipal corporation of Texas (hereinafter called "City") and TEXAS
POWER & LIGHT COMPANY, a Texas corporation (hereinafter called "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 ------------- _______......... :.................................
....•-.
WITNESSETH:
WHEREAS, the Governing Body of the Cit has by proper action taken at a meeting held on the ..... ,� .... .............................
day of. ................................:...:..........................._____.__19.___..._, in compliance with the provisions of alI 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 pourer and energy to be used by the City for street lighting.
- 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 agree=
ment (unless prevented by one or more of the causes mentioned in Article VII hereof), supply electric power and energy of a
character suitable for the operation of the street lighting system in the City of . ............................
......................................................... ....
,
-
consisting of a contracted load of-----------------= .............. candlepower as follows: ........................................................ .................................................
r
--------------------••--------------------------•-------•-----•------•--•----............................................ ............ --•-...................... -.......................................................... ••-..............
------- -----------•------------.................................. ----------- ..--.__._._._-....•_._.._...------........ •-••-----------------------------------•---------------•..............s
and for the operation of any additional lamps which may be installed according to the terms of Article IV hereof, provided, however,
that no lamps in the street lighting system of less than 100 candle power or its equivalent will, be served under this contract.
Company will install meter or meters, as herein provided, at, _. .: ::::.:.._ ..........:...................._......................................
.........._......................•--...............----._..__...................:......:..-•-----.........................._.._..._........._...........::.................................................................................:.....:..
in the City of ---------- __ _ ____ _ __________________, for measuring the amount of energy used in the operation of said street lighting., system
and will turn the electric power on at nightfall and off at dawn each and .every night of the year during the term hereof, except when
prevented by unavoidable accident or other cause beyond its control.
From and after the date upon which the Company shall begin to deliver electric power and energy hereunder, the City will pur-
chase and take from the Company all the electric power and energy required for the aforesaid purpose.
ARTICLE II.
City will, at its own 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 (10th) 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:
(1) 3e net per Kilowatt hour for the first 2000 Kilowatt hours used per month
2c- net per Kilowatt hour for the next 3000 Kilowatt hours used per month
1%c net per Kilowatt hour for the. next 20000 Kilowatt hours used per month
lUe net per Kilowatt hour for all in excess of 25000 Kilowatt hours used per month
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 Com-
modities" 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 employed 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 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 $5.00 per thousand candle power
for the first 10,000 candle power of contracted load and $2.50 per thousand candle power of contracted load in excess of 10,000 candle
power, but in any event not less than $15.00 per month; plus
(2) The cost of maintenance and renewals as provided for in Article VI hereof.
ARTICLE IV.
The Company further agrees from time to time during the term of this agreement or any renewal period thereof, upon receipt
of written. notice from the City, to install at its own cost and expense, additional lamps as provided for in Article I hereof at the
locations in said City specified in such notice, said lamps to be erected upon or suspended from the poles of Company's distribution
system on standard brackets or other suitable. mounting; provided, however, that the Company shall not be required to install, such
additional lamps at a location in said City necessitating the extension of the Company's then established Street Lighting Circuits for
more than four hundred (400) feet for each 100 candle power unit or its equivalent so installed, nor to install additional lamps under
this agreement within a period of twelve (12) months preceding the expiration date hereof. The installation of an additional lamp or
lamps hereunder, within two years prior -to, the expiration of this agreement, pursuant to a request of City, shall automatically extend
the term of this agreement to a date two years after the completion of any such installation,= The: Cityagreesto pay for such addi-
tional service at the rate and at the times specified in Article III hereof for the balance of the term of this agreement.
ARTICLE V.
The amount of energy supplied to the City shall be determined by means of an integrating watthour meter or meters installed
by the Company at the point or points specified in Article I hereof. Said meter or meters shall be read monthly and the readings
thereof shall be deemed conclusive evidence as to quantity of energy supplied hereunder, unless, upon having same tested, said
meter or meters shall be found to register inaccurately and the error shall exceed two per cent. (2%) of accuracy.
Either party may, upon two (2) days' notice to the other,- inspect and test such meters in the presence of a representative of
the other party and whenever any test shall show any meter to be registering in error beyond the limits specified in this Article,
such meter shall be readjusted to register within the limits of error so specified and whenever said meter is so readjusted the reading
thereof shall be corrected and payment made accordingly. No.sucli correction shall be made, however, as to any bill rendered by the
Company unless requested before the expiration of the calendar month next succeeding the month -in which such reading was made.
ARTICLE VI.
City agrees to bear the expense of all necessary inspection, maintenance and renewals of lamps, globes, overhead fixtures and
whiteway standards. Company will, from time to time, upon request of City stating that a lamp or lamps need replacing and giving
the locations of such necessary replacements, furnish the labor and material for such maintenance and renewals, and City will each
month pay the Company the actual cost thereof for the preceding month, which cost Company guarantees shall not exeeed,.for the
period covered by this agreement, an amount equivalent to 4c per year per candle power of total rating of all lanips installed.
The City will install and maintain any of its electrical equipment and appurtenances which may be served under this agreement
in a thoroughly safe and efficient manner and in full compliance with all laws and ordinances 'apphcable thereto, and the rules and
regulations of the Company effective at any time during the term of this agreement. The duly authorized agents of the Company shall
have free access at reasonable hours to the premises of the City for the purpose of inspecting wires and apparatus, removing the Com-
pany's property, reading meters and for other purposes incident to the performance of this agreement. The Company, however, does
not assume the duty of inspecting the City's wiring, machinery or apparatus and shall not be responsible therefor. The City will prop-
erly protect the Company's property on the City's premises and permit no one to inspect or tamper with the Company's wiring or
apparatus except the Company's agents or other persons authorized by law. The City assumes all responsibility for the electric current
upon the City's premises and for the wires, apparatus and appurtenances used in connection therewith, and will protect and save the
Company harmless from all claims for injury or damage to persons or property occuring upon the City's premises occasioned by such
electric current or said wires or apparatus, except where said injury or damage shall be shown to have been occasioned solely by the
negligence of the Company.
ARTICLE VII. _. ...... _.
The Company will make reasonable provision to insure satisfactory and continuous service but 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, explosions, strikes; riots, war, delay in receiving shipments of
required material, order of any court or judge granted in any bona fide 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 the Company, and if such de-
fault shall continue fora period of thirty (30) days after receipt of bill or demand 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 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 receipt of bill or demand 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 difHculty,of estiriiatingwith-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 as liquidated damages 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 IX.
Nothing in this -agreement expressed or implied is intended or shall be construed to confer upon or give to any inhabitant or
citizen of the City or to any person >or- corporation- other than the parties hereto any right, remedy or claim under or by reason of
thi agreement or any covenant, condition or stipulation hereof, and all covenants, stipulations, promises and agreements in this
ag�eement contained shall be and are for the sole and exclusive benefit of the parties hereto.
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ARTICLE X.
TherCity will not use or permit to be used electric power and energy delivered hereunder except for lighting purposes and
will not sell or otherwise dispose of any of the electric power and energy furnished hereunder.
ARTICLE XI,
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, to -wit: meters, wires, poles, machinery, apparatus and fixtures, that it has there-
tofore installed at its own expense to render the service herein specified.
ARTICLE XIL
This agreement supersedes all prior agreements between the Company and the City for service 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 XIII.
Subject to the provisions of Article VII hereof, the obligations of both parties shall commence and the Company's rate schedule
herein above referred to, with the guarantee above set forth, shall begin to apply on the..* ........... day of ....... .>.... .... ... .... _:..____._19...... __,
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_______, or until such subsequent expiration
date as shall have been established by the application of the provisions of Article IV hereof relative to the installation of additional
lamps, and shall bind 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 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 additional period of. ----- __ p' d shall be auto-
' y p years from such expiration date, an
A
matically renewed thereafter in like pe�Xk
cancelled by said written notice ) �.�y s. f ., Qe
e
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:
City Secretary.
(Affix City Seal) TEXAS POWER & LIGHT COMPANY,
L ice -President
Attest:
ry s.
Secretary.
(Affix;0orporate Seal)
;,.
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