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<br />69
<br />
<br />AGREEMENT FOR ELECTRICAL SERVICE
<br />
<br />Account No.
<br />Connect Date J u n e. 1 9 9 9 (E s t i mat e )
<br />Work Order No
<br />
<br />Agreement made March 23
<br />
<br />, 19~, between BLUEBONNET ELECTRIC COOPERATIVE, INC.,
<br />
<br />Texas corporation, hereinafter called "Cooperative" and C i t y 0 f San Mar cas
<br />(If not an individual, specify if Texas corporation, partnership,
<br />joint association, etc.) hereinafter called "Customer", WITNESSETH:
<br />Cooperative agrees to sell and deliver to Customer, and Customer agrees to purchase and receive from Cooperative, for
<br />
<br />Customer's use and not for resale, electric power and energy at Sur f ace \~ ate r T rea t men t P 1 ant
<br />hereinafter called "Point of Delivery", upon the following terms:
<br />
<br />1. Customer shall pay Cooperative monthly for service hereunder up to and including f i ft y
<br />(kilowatts) (~rsep6wer) hereinafter called "Contract Load" at the rates and upon the terms and conditions set forth in
<br />Rate Schedule La r Q e Pow P. r attached hereto and made a part hereof. Should Cooperative adopt a
<br />different rate schedule or schedules to cover the type of load described above, or should Customer's load requirement
<br />later exceed said Contract Load, and Cooperative is willing to furnish such excess, then Customer agrees at such time, or
<br />times, and thereafter to pay Cooperative at the rates and upon the terms and conditions set forth in the Cooperative's rate
<br />schedule then in effect, applicable to service being rendered Customer. Cooperative agrees to use reasonable diligence to
<br />provide the service specified above, but shall not be held liable for damages for any failure to do so.
<br />2. The initial billing period hereunder shall start when Customer begins using electric power and energy, or
<br />t h i r t Y days after Cooperative notifies Customer in writing that service is available hereunder, which-
<br />ever shall occur first.
<br />3. Bills for service hereunder shall be due and payable within 15 days of issuance. In the event that payment is not
<br />received by the 20th day after issuance, Customer's account is subject to being disconnected by the Cooperative in
<br />accordance with its discontinuance of service policy and may, at its option, terminate all of its obligations hereunder by
<br />giving 10 days notice in writing to Customer following such default, and in case of such discontinuance and/or termina-
<br />tion, Customer shall owe Cooperative not only the amount then due for service hereunder, but, as liquidated damages to
<br />Cooperative and not as a penalty, a further sum equal to the total. for the unexpired term of this agreement of the monthly
<br />minimum amounts guaranteed under Cooperative's rate schedule then in effect hereunder.
<br />4. Customer shall deposit with Cooperative an amount equal to two months estimated power bills. Thereafter should a
<br />bill become deliquent, Cooperative may use such deposit to pay such bills plus any penalties thereon, in which case
<br />Customer shall replenish such deposit within 10 days after receiving written notice to do so, and failure by Customer to
<br />do so shall be grounds for terminating this agreement. Upon termination of this agreement, any unpaid amounts due
<br />Cooperative shall be paid from said deposit and the balance, if any, refunded by Cooperative to Customer.
<br />5. This agreement is unassignable except by written consent of both parties.
<br />6. Venue of any litigation arising hereunder shall be in Lee County, Texas.
<br />7. Customer hereby grants Cooperative rights-of-way and permits necessary for performance hereunder, over, on or
<br />upon land owned or controlled by Customer including, upon the termination of this agreement for any reason, the right
<br />to remove from Customer's pre1)1ises all meters and other property of Cooperative.
<br />8. This agreement shall become effective when accepted by the Cooperative and shall remain in effect
<br />until f i ve years following the start of said initial billing period, and, unless written notice is given by
<br />either party to the other not less than 30 days before the termination of said f i ve year period, then
<br />this agreement shall be continued for another year and thereafter from year to year until terminated by such written notice
<br />served not less than 30 days before the expiration of one such yearly period.
<br />9. This agreement and all contracts entered into by applicant and Cooperative shall be contingent upon (a) the Cooperative's
<br />ability to obtain easements with a normal and reasonable effort, excluding condemnation proceedingsT (b) acts of any
<br />governmental authority or court oflaw, (c) acts of God, (d) inability to secure materials and / or labor, (e) any other cause
<br />beyond the Cooperative's reasonable control.
<br />IN WITNESS WHEREOF, the parties hereto have caused this agreement to be signed in duplicate as of the date and
<br />year below written.
<br />
<br />CUSTOMER
<br />
<br />City of San Marcos
<br />
<br />By
<br />
<br />.6f-~ ../ k.~
<br />
<br />City anag~r
<br />
<br />Title
<br />
<br />Form No. Eng. #5
<br />Rev. 10-24-96
<br />
<br />Title
<br />
<br />ACCEPTED:
<br />BLc:I.B . ETELEC~ERATIVE'INC
<br />
<br />By ~ .,
<br />
<br />~ovyt/!;hr2f'~ee~&
<br />
<br />Date
<br />
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