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CM 1956-06-12THE STATE OF TEXAS COUNTY OF DALLAS The Town Council of the Town of Coppell, Texas, convened in Called Meeting this the 12th day of June, 1956, with the following members present, to-wit: R. M. Johnson, Mayor C. C. Mitchell, V. E. Grace, Geo. Corbin, E. E. Park er, Grover Lanham, Aldermen constituting a quorum, when among other proceedings had was the following: A proposed contract between the Town of Coppell, Texas, and Texas Power & Light Company, providing for the supply of electric power and energy to be used by the Town of Coppell, Texas, for street lights for a term of ten (10) years beginning July 9, 1956, was presented in words and figures as follows: Agreement No. 16-658 ,, AGREEMENT FOR ELECTING SERVICE FOR MUNICIPALITIES (Exclusive of service supplied for water and sewage pumping) Dated June 8. 1956 City of Coppell, a duly created and existing municipal corporation of Texas (hereinafter called Customer] and TEXAS POWER & LIGHT a Texas corporation (hereinafter called Company), agree as follows: 1. Company will supply and Customer will take and pay for all the electric power and energy required by Customer for the operation ef the loads set forth in the "Application" section of the Company's establish- ed Rate Schedule hereinafter designated for the class of service con- tracted for hereunder, and located in the corporate limits of Coppell, Texas. Except where otherwise specifically provided herein, the points of delivery for electric service supplied hereunder shall be the points where Comany's wires or apparatus connect with Customer's wires or apparatus and maitanance at each point of delivery of Company's estab- lished voltage and frequency shall constitute delivery of service. 2. Except where specifically provided herein, electric service shall be supplied and used in accordance with the terms and conditions of Company's Service Regulations and paid for pursuant to Company's established rate schedule for the class of service contracted for hereunder. Company's Rate Schedule MSL-1, attached hereto, and its Service Regulations, both incorporated herein by reference and made a part hereof, are now on file with Customer and at Company's office, when, in the opinion of company, installation of meters for measuring the energy used for all or part of the street lighting hero,in contract- ed for is impracticable or undesirable, the amount of energy used by such unmetered street lights may be estimated, taking into account the number and size of lamps and the hours of operation. For the purpose of this agreement, the monthly kilowatt-hours used by any such unmetered street lights shall be determined by the following formula: Wattage rating of lamps X 3,700 hours 12 x 1000 - monthly kwh for billing 3. The street lighting contracted load served hereunder shall comprise a total of 1.134 kilowatts, consisting of the following number and size lamps: Six 189 Watt incandescent lights. Company will turn the electric power on at nightfall and off at dawn each day of the year during the term hereof, except when prevented by unavoidable accident or other cause beyond its control. Said contracted load may be increased, as hereinafter provided, except that no lamps in the street lighting system of less than' 1,000 lumens will be served under this agreenmnt, and all such added lamps shall be lighted from nightfall until dawn. Company agrees from time to time during the term of this agreement .or any renewal period thereof, upon receipt of written notice from Customer, to install, at Company's cost and expense, additional lamps at the locations --- 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 Company shall not be required to install such additional lamps at a location necessitating the extension of Company's then established street lighting circuits for more than BOO feet for each 1,000 lumen unit or the equivalent so installed. Company will, at its expense when requested by Customer, furnish the labor, transportation, and material (except lamps) to make lamp replace- ments in the street lighting system. Company will suplly the lamps to make the necessary replacements and Customer agrees to pay Company the actual cost of the lamps, plus 10%. 4. Customer will instali and maintain its electrical equipment in a thoroughly safe and efficient manner and in full compliance with all laws and local ordinances and Company's Service Regulations effective at any time during the term of this Agreement. Company, however, does not assume the duty of inspecting Customer's wiring, machinery, or apparatus, and shall not be responsible therefor. Customer will properly protect Company's property on Customer's premises, and will permit no one to inspect or tamper with Company's wiring and apparatus except Company's agents or persons authorized by law. Customer assumes all responsibility for the electric current upon the wires, apparatus, and appurtenances of the Customer used in connection with the delivery of power hereunder, and will protect and save Company harmle ss from all claims for injury or damage to persons or property arising therefrom, except When such __ injury or damage shall be sho~ to have been occasioned solely by the negligence of Company. Customer will provide on its premises, at points to be mutually agreed upon, suitable space for the installation of such equipment as Company may deem necessary bo enable it to deliver and measure the power and energy herein described. 5. It is recognized that the primary obligation of Customer here- under is to take and pay for electric power and energy for the term and at the rate herein specified, and, in the event of breach or default on the part of Customer in such obligation, Company may, at its option, either enforce specific performance of tills Agreement .or declare it terminated, as provided in Company's Service Regulations, in Which latter event, in addition to the amount then due for service hereunder, there shall immediately become due and payable to Company, as liquidated damages and not as a penalty, a further, sum equal to the total, for the unexpired term of this Agreement,of the minimum amounts specified in the above Rate Schedule. 6. The obligations of both parties hereto shall commence and Company's Rate Schedule hereinabove referred to, with the minimum therein set forth, shall begin to apply on July 9, 1956, or upon such earlier date as Customer shall have begun to take electric power and energy hereunder, and shall continue, unless terminated as herein provided, until July 9, 1966, and shall be automatically extended for a period of l0 years from each expiration date, unless and until --- either party shall notify the other in writing not less than 30 days prior to such expiration date of its desire to terminate this agreement. 7. This Agreement supersedes all prior agreements between Customer and Company for service mentioned herein and all representations, promises or other inducements, written or verbal, made with respect to the matters herein contained. It is subject to all laws and govern- mental regulations and to the provisions of Company's franchise, and is not binding upon Company unless and until signed by one of its officers, or an agent thereunto authorized in writing. TEXAS POWER & LIGHT COMPANY CITY OF COPPELL (Company) By W. S. HILLIS BY R. M. JOHNSON, Mayor Manager, Irving District ,! On motion duly made, seconded and carried, the contract was ordered marked for identification and filed in the records of the Town. Mr. Lanham introduced a resolution and made a motion that it be adopted. The motion was seconded by Mr. 'Parker. The motion carrying with it the adoption of the resolution prevailed by the following vote: AYES: Messrs. Parker, Mitchell, Grace, Corbin and Lanham. NOES: None. The Mayor requested to be recorded as voting "Aye". The resolution as adopted is as follows: RESOLVED THAT R. M. Johnson, Mayor of the City of Coppell, Texas, be aud is hereby authorized and empowered to make an agreement or contract in the name and in behalf of the City of Coppell, Texas, with TEXAS POWER AND LIGHT COMPANY FOR A TERM OF 10 YEARS, beginning July 9th 1956, providing for a supply of electric power and energy to be used by the City of Coppell, Texas, for street lights. Said Agreement to be in the form submitted to this meeting. Mr. Lanham made a motion that Lewisville State Bank be designated as depository for the Town of Coppell, Texas. The motion was seconded by Mr. Corbin. The motion carried by the following vote: AYES: Messrs. Parker, Mitchell, Grace, Corbin and Lmnham. NOES: None. Mr. Lanham made a motion that the Town Council try to get the Dallas telephone system to serve the Town of Coppell. The motion was seconded by Mr. Corbin. The motion prevailed by the following vote: AYES: Messrs. Parker, Mitchell, Grace, Corbin ard Lanham. NOES: None. On motion duly .made, seconded and carried, Mr. Corbin was appointed Acting Secretary. On .motion duly made, seconded and carried, the meeting was adjourned. PASSED AND APPROVED, this the 12th day of June, 1956. /I Town Secretary: