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HomeMy WebLinkAboutOrdinances (104)-05/02/1959 , t ;; .~ .OHDINANCE NO. I {: 'f AN ORDINANCE WHEREBY THE CITY OF COLLEYVILLE, TEXAS AND THE TRI-COUNTY ELECTRIC COOPERATIVE, INC. AGREE TK~T THE TRI-COUNTY ELECTRIC COOPERATI\~ SHALL CONTINUE TO ERECT AND MAINTAIN ITS ELECTRIC LIGHT AND POWER LINES WITH ALL NECESSARY OR DESIRABLE APPURTENANCES (INCLUDING UNDERGROUND CONDUITS, POLES, TOWERS, WIRES AND TRANSHISSION LINES) AND THE CITY GRANTS ITS CONSENT FOR THE USE OF ITS PHESENT AND FUTURE STREETS, ALLEYS, HIGHWAYS, AND PUBLIC GROUNDS TN SAID CITY, UNDER REGllLATIONS AND RESTRICTIONS AS STATED THEREIN AND THAT THE CITY OF COLLE'(VILLE SHALL RECEIVE AN ANNUAL PAYNENT FOR SAME, ALL AS THEREIN PROVIDED. BE IT ORDAINED BY THE BO"~~D OF ALDERYiliN OF THE CITY OF COLLE~VILLE, TEXAS. Section 1. That the City of Colleyville, Texas, herein called "City" hereby grants its consent to the use of its present and future streets, allevs, highways and public grounds by Tri-County Electric Cooperative, its successors and assigns, herein called "Cooperative," for the purpose of constructing, maintaining and operating in the present and future streets, alleys, and public places of the City of Colleyville, Texas, and its successors, electric light and power lines, loTi th all necessary or desirable appurtenances (including under~r.)und conduits, poles, towers, wires and transmission lines, and telegraph and telephone lines for its own use) for the purpose of supplying electricity to the said City, the inhabitants thereof and persons and corporations beyond the limits thereof, for light, heat, power and other purroses; said consent being granted for a term of fifty (50) years from the date this Ordinance is adopted and approved. Section 2. Poles or towers shall be so erected as not to unreasonably interfere with traffic over streets and alleys. Section 3. Cooperati.ve's property and operations in the City shall be subject to such regulations by the City as may be reasonably necessary for the protection of the general public. Section .1. Cooperative shall hold the City harmless from - 1 - .all expense or liability for any act or neglect of the Cooperative hereunder. Section 5. In consideration of the grant of said privilege and franchise by the City and as full paym~Ilt for the privilege of usin~ and occupying th~ streets, alleys, highways, easements, parks and other public places within the City, and in li~u of any a~d all occupation taxes, easements, and franchise taxes (whether levied as an ad valorem, special or other character of tax), and in lieu of license and inspection fees or charges, street taxes, street or alley rentals and of al] other taxes, charges, levies, fees and rentals of whatsoever kind and character which the City may impose or hereafter be authorized or empowered by law to levy or co11e~t, excepting only the usual general or special ad valorem taxes which the city is authorized to levy or impose upon real and personal property, the Cooperative (Tri-County Electric Cooperative, Inc. and its aSSigns), shal.l P";{O the City of Colleyville, Texa~, annually and.on.or b~fore~~ t~ of each year du~ing the term hereof, beg1nn1ng ~(MPt. itJii - , an amOlmt equ1valent to two (2) per cent 0 the gross revenues received by the Cooperative, its successors and assigns during the preceding year from sales of electricity within the corporate limits of said City, exclusive of sales to f~deral, state and muni.cipal customers and exclusive of sales to industrial a~~ other customers excluded from taxation under the provisions of the regulations of the Treasury Department of the United States, Article 40, Regulation 42 as amended by TD 4.193, September 20, 1933, TD 4570, July 24, 1935, and TD 4751, July 21, 1937, irrespective of whether or not said reo gulations and decisions have )ten, ~ or shall be repealed, amended or changed. On or before the I/ft'flr' . ~~ of each year a report shall be filed with the "i ty by t e Cooperative showing its gross revenues as aforesaid for the preceding year, and the payment made hereunder be based upon said report. Section 6. Nothing herein contained shall ever be held or construed to confer upon the Cooperative exclusive rights or pri.- vileges of any nature whatsoever. Section 7. This Ordinance shall be cumulative and in addition to the other permits and franchises granted and ordinances owned, held or claimed by the Cooperative provided however, that all ordinances or parts of ordinances that conflict herewith are hereby repealed. Section 8. This ordinance shall become effective as of this date - 2 - ADOPTED AND APPROVED this the I'd "'-< - day of ~11 { C<7 A. D., 1959. --'-~C'" ;7 ~ eel C~~r Hayor of C1ty of Colleyvill , Texas i~~ g~~~ City Secret y i S TATE OF TEXAS COUNTY OF I, , Secretary for the City of Colleyville, exas, hereby certify that the foregoing is a true and correct copy of Ordinance No. /61, whereb}r the City of Colleyville, Texas, and the Tri-County'Electric Cooperative agree that the Tri-County Electric Cooperative shall continue to erect and maintain its electric light and power lines with all necessary or desirable appurtenances (including underground conduits, p01es, towers, wires and transmission lines) and the City grants its consent for the use of its present and future streets, alleys, highways, and public grounds in said City, under regulations and restrictions as stated therein and that the City of Colleyville, Texas, s~811 re~eive payment for same, all as therein provided. ~WITNESS MY HA.l\lD AND SEAL, this , 1959. ! '-II th e 2-1 -"VI day of the City of Colleyville. - 3 - TRI-COUN I Y ELECTRIC CO-OPERA fiVE, INC. ARE. TEXAS ... # . .. SCHEDULE B-1 COMMERCIAL AND INDUSTRIAL LIGHTING AND POWER SERVICE Availability Available for commercial, industrial and three phase farm service including lighting, heating and power, sub- ject to the established rules and regulations of the Co-operative covering this type of service. Type of Service Single-phase, and three-phase where available, at available secondary voltages. Motors having a rated capa- city in excess of ten horse power (10 H. P,) must be three-phase. Rate Demand Charqe First 10 kilowatts of billing demand per month, no demand charge. Excess above 10 kilowatts of billing de- mand per month at $1.50 per kilowatt. Energy Charqe First Next Next Next Next Over 25 kwh per month @ 9.0 c per kwh 25 kwh per month @ 6.0 c per kwh 50 kwh per month @ 4.0 c per kwh 900 kwh per month @ 2.5 c per kwh 2000 kwh per month @ 2.0 c per kwh 3000 kwh per month @ 1.75c per kwh Determination of Billinq Demand The billing demand shall be the maximum kilowatt demand established by the consumer for any period of 15 consecutive minutes during the month for which the bill is rendered, as indicated or recorded by a demand meter and adjusted for power factor. Power Factor Adjustment The consumer agrees to maintain unity power factor as nearly as practicable. Demand charges will be ad- justed for consumers with 50 kw or more of measured demand to correct for average power factors lower than 90%, and may be so adjusted for other consumers if and when the Seller deems necessary. Such adjustments will be made by increasing the measured demand 1 % for each 1 % by which the average power factor is less than 90% lagging. Minimum Monthly Charge The minimum monthly charge under the above rate shall be $1.75 where a 3 Kva or less of transformer capa- city is required. For members requiring more than 3 Kva of transformer capacity the minimum monthly charge shall be increased at the rate of 75c for each additional Kva or fraction thereof required. For members requiring a meter or yard pole the monthly minimum shall be increased to $2.25. Payment of the minimum charge shall entitle the mem- ber in all cases to the use of the number of kilowatt-hours corresponding to the minimum charge in accordance with the foregoing rate. Temporary Service Temporary service shall be supplied in accordance with the foregoing rate except that the consumer shall pay in addition to the foregoing charges the total cost of connecting and disconnecting service less the value of materials returned to stock. A deposit in advance may be required of the full amount of the estimated bill for service, including the cost of connection and disconnection.