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HomeMy WebLinkAboutOrdinance 0001 ',-- ORDINANCE NO. I AN ORDINANCE WHEREBY THE TOWN OF NORTH RICHLAND HILLS, TEXAS, AND THE TEXAS ELECTRIC SERVICE COMPANY AGREE THAT THE TEXAS ELECTRIC SERVICE COMPANY 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 TRANSMISSION LINES) AND THE TOWN GRANTS ITS CONSENT FOR THE USE OF ITS PRESENT AND FUTURE STREETS, ALLEYS, HIGHWAYS AND PUBLIC GROUNDS IN SAID TOWN, UNDER REGULATIONS AND 8ESTRICTIONS AS STATED THEREIN AND THAT THE TOWN OF NORTH RICHLAND HILLS SHALL RECEIVE AN ANNUAL PAYMENT FOR SAME, ALL AS THEREIN PROVIDED. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF NORTH RICHLAND HILLS, TEXAS: '~ Section 1. That the Town of North Richland Hills, Texas, herein called "Town" hereby grants its consent to the use of its present and future streets, alleys, highways and publ ic grounds by Texas Electric Service Company, its successors and assigns, herein called "Company", for the purposes of constructing, maintaining and operating in the present and future streets, alleys and publ ic places of the Town of North Richland Hills, Texas, and its successors, electric light and power I ines, with all necessary or desirable appur- tenances (including underground conduits, poles, towers, wires and transmission 1 ¡nes, and telegraph and telephone 1 ines for its own use) for the purpose of supplying electricity to the said Town, the inhabitants thereof and persons and corporations beyond the 1 imits thereof, for 1 ight, heat, power and other purposes; 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. Company's property and operations in the town shall be subject to such regulations by the Town as may be reasonably necessary for the protection of the general publ ic. Section 4. Company shall hold the Town harmless from all expense or 1 iabil ity for any act or neglect of the Company hereunder. Section 5. In consideration of the grant of said privilege and franchise by the Town and as full payment for the privilege of using and occupying the streets, alleys, highways, easements, parks and other publ ic places within the Town, and in 1 ¡eu of any and all occupation taxes, easements and franchise taxes (whether levied as an ad valorem, special or other character of tax), and in lieu of I ioense and inspection fees or charges, street taxes, street or alley rentals and of all other taxes, charges, levies, fees and rentals of whatsoever kind and character which the Town may impose or hereafter be authorized or empowered by law to levy and collect, excepting only the usual general or special ad valorem taxes which the Town is authorized to levy and impose upon real and personal property, the Company (Texas Electric Service Company and its assigns) shall pay to the Town of North Richland Hills, Texas, annually and on or before March 15 of each year during the term hereof, beginning March 15, 1954, an amount equivalent to two (2) percent of the gross revenues received by the Company, its successors and assigns, during the preceding year from sales of electricity within the corporate limits of said Town, ex- clusive of sales to federal, state and municipal customers and exclu- sive of sales to industrial and other customers excluded from taxation vunder the provisions of the regulations of the Treasury Department of the United states; Article 40, Regulations 42 as amended by T.D. 4398» September 20, 1933, T.D. 4570, July 24, 1935, and T.D. 4751, July 2l, 1937. On or before the 15th day of March of each year a report shall be filed with the Town by the Company showing its gross revenues as aforesaid for the preceding year, and the payment made hereunder shall be based upon said report. Section 6. Nothing herein contained shall ever be held or construed to confer upon the Company exclusive rights or privileges of any nature whatsoever. Section 7. This ordinance shall be cumulative and in addi- tion to the other permits and franchises granted and ordinances owned, held or claimed by the Company provided, however, that all ordinances or parts of ordinances that confl ict herewith are hereby repealed. Section 8. This ordinance shall not become effective until the Company has accepted the same in writing. Said acceptance shall be given to the Town by the Company within 30 days after final passage hereof. Adopted and approved this the A. D. 1953. '".'¡'" ~ ' day of I 6,,'~";~"1' . , ATTEST: ·_.4ii~· , '.. Mayor of Town of North Richland Hills, Texas . \ L f,,' \.. " City Secretàry .~~. ,>"'.~ -2- STATE OF TEXAS I I COUNTY OF TARRANT t I, , secretary of the Town of North Richland Hills, Texas, hereby certify that the foregoing is a true and correct copy of Ordinance No. whereby the Town of North Richland Hills, Texas, and the Texas Electric Service Company agree that the Texas Electric Service Company 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 transmission 1 ines) and the Town grants its consent for the use of its present and future streets, alleys, highways and publ ic grounds in said Town, under regulations and restrictions as stated therein and that the Town of North Richland Hills, Texas, shall receive payment for same, all as therein provided. 1953. WITNESS MY HAND AND SEAL, THIS THE DAY OF , - Secretary, Town or North Richland Hill s, Texas -2- TEXA~ ELEUTRIU SERVIOE COMP.ANY' FoRT 'W"ORTH, TEXAH July 10, 1953 .... B. THDMAS ..~It.ID"NT & QENE~AL "'ANAQE~ TO 'l'H:E HONORABLE MAYOR AND ALDERMEN TOWN OF NORTH RICHIAND HIÌJ:ß NŒ TH RICHLAND HILLS, TmCAS Gentlemen: Referring to Ordinanoe No.1 entitled "AN ORDDiJANCE W1IEREBY THE TOWN OF NORm RIC:HI.AND HILLS, TEXAS, AND THE TEXAS EL:J!DTRIC SERVICE COMPANY AGREE THAT THE TEXAS EL1OC:TRIC SERVICE COMPANY SHA.I,¡, CONrINUE TO ER1!DT AND MAINTAIN ITS ELECTRIC LIGHT AND POWER LINES WITH ALL NECESSARY OR mEm- ABLE APPURTENANCES (INCLUDING UNDERGROUND CONDUITS, POLES, TOWERS, WIRES AND TRANSMISSION LINES) AND THE TOWN GRANTS ITS CONSENT FOR THE USE 011' ITS PRESENT AND FUTURE STREErS f AI.LEYS, HIGHWAYS AND PUBLIC GROUNDS IN SAID TOWN, UNDER REGULATIONS AND RESTRICTIONS AS STATED THEREIN AND THAT 'JHE TOWN OF NORTH RICHLAND HILLS SHALL RECEIVE .AN ANNIJAL PAYMENT FOR SAME, .A:U. AS THEREIN PROVIDED," adopted by the Town of North R10hland Hills, Texas, on the 6th day of July, 1953, A.D. This 1s to evidenoe aooeptanoe by TEXAS ELECTRIC SERVICE COMPANY of said Ordinanoe and the terms thereof. WITNESS THE HAND AND SEAL OF SAID CORPORATION, this the lOth day of JUly, 1953, A.D. ~ F.W.~ TEXAS :.E:I.'lOOTRIC SERVICE COMPANY By~ / ;' . B. Thomas, President í/ ^Pi"'t~ove:c AS TO FORM: OAt1~NG£!1' JO!'N~(JN SOARBDfWUGIi & GOOCH P¥.....-'"'~_...._-_...\,.- TEXAS ELECTRIC SERVICE COMPANY RATE AR RESIDENTIAL SERVICE TOWN OF NORTH RICHIAND HIUS Application: To any Customer for alternating current electric service for residential purposes in individual pri- vate dwellings or in individually metered apartments supplied at one point of delivery and measured through one Meter. Service to a residence used for other than residential purposes will be billed at rates applicable to such purposes; provided that where the portion used for residential purposes only is separately wired, this rate AR may be applied to such portion. Not applicable to temporary, breakdown, standby or resale service. Type of Service: Single or three phase, 60 cycles, and at anyone of Company's standard service voltages required by Customer. Where a non-standard Type of Service is required by Customer, additional rate and con- tract arrangements between Customer and Company may be required prior to its being furnished. Net Monthly Bill: Rate- $1.00 which includes the use of 10 kwh 4.0¢ per kwh next 90 kwh (see note) 2.8¢ per kwh next 100 kwh 2.0¢ per kwh all additional kwh 1.4¢ per kwh all kwh used by a separately metered electric water heater with off-peak control approved by Company Note: When Customer's use of electric service in anyone month exceeds 1,000 kwh, a de- mand meter will be installed and 100 kwh will be added for each kw of Demand in excess of 10 kw. Minimum-$1.00 plus $1.50 for each kw of Demand in excess of 10 kw. Adjustments- Plus % of 1 % of the amount computed at the above stated rate for each whole point by which the average of the 12 most recent monthly values for the "All Commodities" Index taken from "Wholesale Prices" compiled by the United States Department of Labor on a 1926 base, or adjusted thereto, exceeds 175 (failure of Company to make this adjustment in any net monthly bill shall not constitute a waiver of Company's right, from time to time and at any time, to make any adjustment, in whole or in part, in any subsequent current net monthly bill that may be applicable to such bill by reason of an increase in said "All Commodities" Index above 175) ; plus or minus an amount equivalent to 0.01¢ per kwh for each 0.5¢ by which the average cost of fuel used, delivered at Company's generating stations, during the calendar month next wholly preceding the current billing period, shall have exceeded or shall have been less than 8¢ per 1,000,000 Btu; plus an amount equivalent to the proportionate part of any new tax, or in- creased rate of tax, or governmental imposition 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, 1951, (failure of Company to make this adjustment in any net monthly bill shall not constitute a waiver of Company's right, from time to time and at any time, to make any adjustment, in whole or in part, in any subsequent current net monthly bill that may be applicable to such bill by reason of said changes in taxes or governmental impositions or charges) . Demand: The kw supplied during the 15 minute period of maximum use during the month. Payment: Bills are due when rendered, and become past due if not paid within 10 days from date of bill. Service may be discontinued without notice to customers having past due bills, and an additional charge of $1.00 will be made before service is restored. Contract Period: Not less than one year. Notice: This established rate is subject to any change authorized by law. TEXAS ELECTRIC SERVICE COMPANY RATE AG GENERAL SERVICE TOWN OF NORTH RICHIAND HILIS Application: To any Customer for all alternating current electric service supplied at one point of delivery and measured through one Meter. Not applicable to breakdown, standby or resale service. Type of Service: Single or three phase, 60 cycles, and at anyone of Company's standard service voltages required by Customer. Where a non-standard Type of Service is required by Customer, additional rate and contract arrangements between Customer and Company may be required prior to its being furnished. Net Monthly Bill: Rate- $1.00 which includes the use of 10 kwh 4.0¢ per kwh next 340 kwh (see note) 3.2¢ per kwh next 380 kwh 2.2; per kwh next 1100 kwh 1.6; per kwh next 4000 kwh 1.1; per kwh all additional kwh Note: Add 80 kwh for each kw of Demand in excess of 4 kw. Minimum-$1.00 plus $1.50 for each kw of Demand in excess of 4 kw. Adjustments- Plus 1;2 of 1 % of the amount computed at the above stated rate for each whole point by which the average of the 12 most recent monthly values for the "All Commodities" Index taken from "Wholesale Prices" compiled by the United States Department of Labor on a 1926 base, or adjusted thereto, exceeds 175 (failure of Company to make this adjustment in any net monthly bill shall not constitute a waiver of Company's right, from time to time and at any time, to make any adjustment, in whole or in part, in any subsequent current net monthly bill that may be applicable to such bill by reason of an increase in said "All Commodities" Index above 175); plus or minus an amount equivalent to 0.01¢ per kwh for each 0.5¢ by which the average cost of fuel used, delivered at Company's generating stations, during the calendar month next wholly preceding the current billing period, shall have exceeded or shall have been less than 8¢ per 1,000,000 Btu; plus an amount equivalent to the proportionate part of any new tax, or in- creased rate of tax, or governmental imposition 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, 1951, (failure of Company to make this adjustment in any net monthly bill shall not constitute a waiver of Company's right, from time to time and at any time, to make any adjustment, in whole or in part, in any subsequent current net monthly bill that may be applicable to such bill by reason of said changes in taxes or governmental impositions or charges) . Demand: The kw supplied during the 15 minute period of maximum use during the month. Payment: Bills are due when rendered, and become past due if not paid within 10 days from date of bill. Service may be discontinued without notice to customers having past due bills, and an additional charge of $1.00 will be made before service is restored. Contract Period: Not less than one year. Notice: This established rate is subject to any change authorized by law. TEXAS ELÐCTRIC SERVICE COMPANY RATE FG-2 GENERAL SERVICE FORT WORTH DISTRICT Application: To any Customer for all alternating current electric service supplied at one location and measured through one Meter. Not applicable to temporary, breakdown, standby or resale service. Type of Service: Single or three phase, 60 cycles, and at anyone of Company's standard service voltages required by Customer. Where a non-standard Type of Service is required by Customer, additional rate and con- tract arrangements between Customer and Company may be required prior to its being furnished. Net Monthly Bill: Rate- $50.00 first 20 kw, or less, of Demand $1.80 per kw next 180 kw of Demand $1.35 per kw all additional kw of Demand, and 1.6¢ per kwh first 7,000 kwh 1.1¢ per kwh next 33,000 kwh 0.9¢ per kwh next 50,000 kwh 0.55¢ per kwh all additional kwh Minimum-$1.50 for each kw of the highest Demand established during the 12 months ending with the current month. Adjustments- Plus 1h of 1 % of the amount computed at the above stated rate for each whole point by which the average of the 12 most recent monthly values for the "All Commodities" Index taken from "Wholesale Prices" compiled by the United States Department of Labor on a 1926 base, or adjusted thereto, exceeds 175 (failure of Company to make this adjustment in any net monthly bill shall not constitute a waiver of Company's right, from time to time and at any time, to make any adjustment, in whole or in part, in any subsequent current net monthly bill that may be applicable to such bill by reason of an increase in said "All Commodities" Index above 175) ; plus or minus an amount equivalent to 0.01¢ per kwh for each 0.5¢ by which the average cost of fuel used, delivered at Company's generating stations, during the calendar month next wholly preceding the current billing period, shall have exceeded or shall have been less than 8¢ per 1,000,000 Btu; plus an amount equivalent to the proportionate part of any new tax, or in- creased rate of tax, or governmental imposition 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, 1951, (failure of Company to make this adjustment in any net monthly bill shall not constitute a waiver of Company's right, from time to time and at any time, to make any adjustment, in whole or in part, in any subsequent current net monthly bill that may be applicable to such bill by reason of said changes in taxes or governmental impositions or charges) . Demand: The kw supplied during the 15 minute period of maximum use during the month. Payment: Bills are due when rendered, and become past due if not paid within 10 days from date of bill. Serv- ice may be discontinued without notice to Customers having past due bills, and an additional charge of $5.00 will be made before service is restored. Contract Period: Not less than one year. Notice : This established rate is subject to any change authorized by law. TEXAS ELECTRIC SEUVICE COMPANY RIDER T SHORT TERM, TEMPORARY AND SEASONAL SERVICE TOWN OF NORTH RICHIAND HILIS Application: For short term, temporary and seasonal service with any of Company's General Service Rates ap- plicable in the service area and to the service required, where the contract period is for less than 12 consecutive months. Service supplied hereunder is special and Company is not obligated to supply such service unless, in its judgment, it has sufficient generator, line and transformer capacity at the point where service is desired. The supplying of service at any point of delivery in no way obligates Company to supply addi- tional service, or to extend or renew any service agreement, at such point of delivery. Not applicable to resale, standby or breakdown service. All provisions of the Rate to which this Rider is attached will apply except as modified herein. Billing : Billing will be in accordance with Rate , attached hereto, except: (a) Bills will be calculated on the basis of the number of days service is connected; provided, however, the total charges for electric service during the contract period will in no event be less than $2.50. (b) At Company's option, bills may be rendered daily, weekly, semi-monthly, or monthly and are due and payable upon presentation. (c) Where service is required for less than 30 days, Company may, at its option, estimate the kw Demand and kwh supplied to Customer. Installation: Customer shall pay in advance, the estimated cost of all material, labor and supplies used by Com- pany in installing and removing the equipment necessary to furnish service hereunder less the estimated salvage value of the equipment on removal; such payment will in no event be less than $2.00 to connect and disconnect service and/or read a meter which is already installed, nor less than $7.50 to install and remove service wires and a watthour meter without current transformers. Deposits : Company may require Customer to deposit with Company an amount of money which in Company's judgment is sufficient to cover any portion up to the total of the estimated amount of billing. At the time service is terminated Customer will be credited with the amount of the deposit on bills then un- paid by Customer. Notice: This established Rider is subject to any change authorized by law.