HomeMy WebLinkAboutResolution - 072855E - Agreement Extension - Electrical Energy For Texas Technological College - 07_28_1955 z it eirt
.. __ Our
Ulu
n�
F \r
A RFSCIwno LxTmD* THE MEDIENT BETWEEN THE MY of LUBBOCK AND TIRE
STATE OF TEJW %HER M THE 01TY 7F LUBBOCK SELLS TO THE. STATE OF TIM ELEOX
TRICAL ENMG1 FOR THE USE AND BEFIT OF TEXAS TECHNOLCOICAL CIDUEGE.
Orin.
&' ? dories WMEASs The City of Lubbock is now selling electrical energy to the State
Ql ven of Texas for the use and benefit of Taxas Technological College under an agree-
arch^,i rch of went entered iota by the City of j;Lubbock and the State of Texas inn the 10th day
Ens*in eeri n t of June, 19481 and
to Ma i 1
to WMEAS, the State of Texas actir.Lg through its dull* authorized agents has
Col] ene faithfully fWillbd an obligation.-. incurred by reason of this agreement;' and
for execiz-
t i^n. & re- WMEAS, The City of Lubbock has faithfully fulfilled all obligations. in—
turn one Barred by reason of this agreement; and
sinned corn
for Gi.ty' c WHEREAS, it is believed that an extension of the, agreement will be to the
advantage of both parties d
NOW THEREFORE;
BE IT MOLVED BY THE CITY 031D MS Icy'OF THE CITY CIF LVBBOCEt
SECTION I* THAT The City* of Lubbock does hereby offer to the State of
Texas an extension of the agreement dated the 10th day of June, 1948, copy of
which is attached hereto, whereby The City of Lubbock sells to the State
electrical energy for the use ,and benefit of Texas Technological College.
SECTION 2, THAT upon acceptance duly authorized agents of the State of
Texas, the abovementi.oned agreement shall be in full force and effect during a
period commmoing September 1# 195% and ending August 31, 1957.
AND 1T IS SO ORDERED,
..,. On motion of Commissioner Thomas , seconded by Commissioner
Carpenter the for®,going Resolution was passed this �,8 day of
ouly 1953 by the following votes
Commissioners voting "'YEA"t Carpenter,, Forrest, Thomas and Mayor Tripp
Commissioner* voting RNAYas None
IP r
ATTESTS -
aLavinia L*w e
JL,1ZZ1,,v,, 44�,o
vernia Lowe, CiW : eoretary-T ae
Accepted and extension of the abovementioned agreement approvedt
STATE BOARD,OF CONTROL
BY
f
07 0-0 Alt 6,
ATTEST
Board. Secretary
(Original copy, together with
.> �� • letter from State Board of 072S n �C� Control, sent to Mr. Cochran
1' August 9, 1948)
COPY
ATE OF TEXAS 0
LvUNTY OF LUBBOCK I AGREEMENT FOR ELECTRIC PaMR SERVICE
THIS AGREEMENT made and entered into this loth day of June, 1948, by and between the
City of Lubbock, a Home Rule Municipal Corporation, hereinafter called Seller and the State
of Texas, hereinafter called Customer.
WITNESSETH:
In consideration of the covenants and agreements herein expressed, to be performed by
the parties hereto, the Seller does hereby covenant and agree for a period of time beginning
September 1, 1948, and ending August 31, 1951, to supply and sell to the State of Texas for
the use and benefit of Texas Technological College, electric energy, the same to be delivered
to said college located in Lubbock, in Lubbock County, Texas, such electrical power and energy
being of the character commonly known as alternating current, three phase, approximately 60
cycles and 2300 volts or 12480 volts.
The seller agrees to charge for electric service furnished by it, and Customer agrees
to pay for such service at the fmllowing rate, payment to be made on or before the 15th day
of each calendar month:
$1.20 per month per kilowatt of maximum demand.
0.007 (7 mills) per kilowatt hour for all energy used during any month.
If, during the period of this contract, it becomes necessary for the Seller to pay in
excess of 12 cents per million BTU for fuel, the Customer shall pay an additional .015 cents
per KWH for each cent or part thereof, that the fuel costs exceeds 12 cents per million BTU.
In a similar but opposite manner, the Customer shall substract .015 cent per KWH for each
cent or part thereof, that the fuel cost becomes less than 10 cents per million BTU. Present
fuel cost is 11 cents per million BTU.
For the purpose of this agreement, the Customer's maximum demand shall be the average
number of kilowatts consumed during the 15 minute period of maximum use during current month
as indicated by an indicating type deman meter operated by a contact device in the integrating
watt-hour meter with which the demand meter must be coupled.
The Seller shall install and maintain the required demand meter and the integrating
watt-hour metering equipment.
Regulation of voltage shall be within two (2%) percent of normal at all hours.
Regulation of frequency shall be 60 cycles controlled by master clock, to be suitable
for correct time of electric clocks and devices.
Point of delivery shall be iLt the bus bars of the power house at Texas Technological
College. The Seller shall provide overhead service wires from the property line of Texas
Technological College to the power house. If, after installation, the Customer requests the
Seller to move alter the location of any underground cable or overhead lines or other
property of the ler, that is installed on the Customer's property, the total cost of such
removal or alteration shall be paid for by the Customer in due course.
A
072S SS
The point of metering shall be at the point of delivery or at the property line.
Metering equipment shall be furnished and maintained'by the Seller.
It is understood and aggred that the State of Texas shall not be, or become liable to the
S,Ler for any sum of money whatsoever for electrical energy ,unless and until such times as the
Legislature of the State of Texas has made appropriation for the payment for electrical energy
used at said institution, and it is further understood and agreed that where appropriations have
been made, or upon moneys being appropriated for the payment of such electrical energy, then
such payment shall be based on the rates hereinbefore set out.
The obligations of both parties hereunder shall commence on September 12 1948, and con-
tinue for the period !of time herein first stated, provided however that either party hereto
may extend the terms of this contract and renew the same by mutual agreement, for an additional
two (2) year period, to be effective after August 31, 1951-
It is further understood and agreed that the Seller .does not assume the duty of inspecting
or maintaining any wiring, machinery or apparatus of the Customer and in no event shall the
Seller be held responsible beyond the point of delivery of electrical energy as herein designated.
It is further agreed that the Seller shall Make reasonable provisions to insure satisfactory
and cohtinuous service, but Seller does not guarantee a constant supply of electricity and
electric energy, and in no event will Seller be held liable for damages caused by, or resulting
from interruptions by reason of governmental action or authority, litigations, strikes or other
causes over which Seller has no control, or could not have reasonably foreseen or guarded
again4, or when interruptions are necessary for repairs on changes in generation equipment--or
distributing system of the Seller; and provided further, that the Customer shall not be re-
quired to pay for any service which the Seller herein agrees to but fails to furnish.
If •the Customer shall default in any payment for any service herein contracted for a
period of thirty (30) days, the Seller, at its option, shall have the right to cancel this
contract and discontinue the service.
This agreement supersedes all prior agreements between the Seller and the Customer for
service mentioned herein. All representations, promises, or other inducements, whether writ-
ten or verbally made, with respect to the matters herein contained, are hereby superseded,
except as herein expressly stated, and this agreement shall bind and benefit the respective
successors and assigns of both parties, and this agreement is subject to all laws and government-
al regulations, and no modification of any provision of this agreement shall be binding unless
the same be reduced to writing and signed by the parties hereto.
WITNESS our hands this the loth day of June, 1948-
CITY OF LUBBOCK
B
!TEST: ��/ Lavenia Williams y /s/ W. H. Rodgers, Mayor
City Secretary
eal) STATE BOARD OF CONTROL
i- 'EST: Ls/ G. J. Palmer By /s/ Dale Hogan, Chairman
' Board Secretary
/af T. B. Warden, Member
T. B. Warden
i amped on -
OVED AS TO SUBSTANCE AND FORM
E. H. Stork
I
i