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HomeMy WebLinkAbout1970-OR-04-AORDINANCE NO. CITY OF J'J~R~O~'IT,T,'~. , INDIANA AN ORDINANCE RATIFYING AND APPROVING THE ACTION OF THE BOA/{D OF PUBLIC WORES AND SAFETY OF THE CITY OF ~'~'ERSONVI?.TR . ~ INDIANA, IN ENTER- ING INTO A CONTRACT FOR OVERHEAD STREET LIGHTING WITH THE PUBLIC SERVICE COMPANY OF INDIANA, INC., AN INDIANA CORPORATION~ ON TH~ ~ DAY OF WHEREAS, HEHETGFORE~ to-wit: On the ;t day of ~ , 19 go , the BOARD (~ PUBLIC WORKS AND SAFETY of the CITY OF JEFFERSONVILLE ~ INDIANA, acting for and in behalf of said CITY OF JEFFERSONVILT,M , entered into the following contract for overhead street lighting service with the PUBLIC SERVICE C0~PANY (F INDIANA, INC., which said contract is in words and figures as follows, to-wit: AGREEMENT FOR oVERHEAD STREET LIGHTING SERVICE THIS AGREEMENT made and entered into this .............................. day of ........................................................ , !96-.-., C lark - CITY ~ ~IE'~"~EESONVI?'T~ a municipal corporation in-.--..-~/~0~0---0~--trtjBWr~--- by and between me ....................o, ...................... :..----.-:- ........... , County and organized under the laws of the State of Indiana, acting by and through its .............. ....... ~.~.~.~..& SA~. ' ....................................... (hereinafter called "Municipality"), party of the first part, and PUBLIC SERVICE COMPANY OF INDIANA, INC., a corporation organized under the laws of the State of Indiana (hereinafter called "Company"), par~y~'~' ~he s~ofid WITNESSETH: That for and in consideration of the covenants and agreements of the respective parties hereto, hereinafter set forth, the parties hereto do hereby mutually covenant and agree as follows: SECTION I. Company will furnish, in accordance with conditions hereinafter set out, all necessary equip- ment to provide, operate and maintain an overhead Street lighting system in conjunction with and as a part of its general overhead electric distribution system, and Company will furnish electric energy, all for the purpose of fur- nishing overhead street lighting service to Municipality. SECTION II. With respect to lamps installed prior to June 1, 1966, details of the locations of such lamps supplied for said overhead street lighting system, the respective sizes and types of such lamps, are set forth on the schedule of lamps and print hereto attached (bearing print No ....... ..DT.g.{~.~.~.....), marked Exhibit "A" and made a part hereof the same as if incorporated herein. With respect to lamps installed on or after June i, 1966, details of the locations of such lamps supplied or to be supplied for said overhead street lighting system, the respective sizes and tvoe~ of such lamps, are set forth on the schedule of lamps and print hereto attached (bearing print No.....~..'.~?~..~.~.~L.), marked Exhibit "B" and made a part hereof the same as if incorporated herein. SECTION IlL Except as otherwise provided in this agreement, Municipality shall pay Company for the oper- ation of said overhead street lighting system, and for the electric energy supplied therefor, an amount determined on the basis of the rates per lamp per annum set forth in Rate SL--Schedule For Public Street Lighting Service or Rate PSL--Schedule For Public Street Lighting Service, marked Exhibit "C" and Exhibit "D" respectively, and made a part hereof the same as if incorporated herein. SECTION IV. The operation of the said overhead street lighting system, and the supplying Of electric energy therefor, shall be in accordance with the following provisions: (1) Ownership o/ System--Service Lines. The ownership of the property comprising said overhead street lighting system is and shall remain in Company, and the termination of this agreement for any reason whatsoever shall not in any way affect such ownership by Company, nor deprive Company of the right either to remove any or all property comprising such system or any part thereof or to use the same in, or in connection with, the rendering of other public utility service by Company. (2) Continuity of Service. Company does not. guarantee uninterrupted service from the overhead street light- ing system to be operated in accordance with this agreement, and shall not be liable for any interruption of service when such interruption is without wilful default or neglect on the part of Company, or is due to any cause beyond the control of Company including, but not limited to, strikes, lockouts, riots, insurrection, war, acts of the public enemy, fire from any cause, explosions, accidents, restraint of government, state or municipal interference, break- downs, injuries to machinery, transmission or distribution systems, necessary repairs and renewals, or acts of God; but Company shall make all reasonable efforts to renew promptly the operation of the overhead street lighting sys- tem in the event of any interruption to the service. (3) Liability. Company shall protect and save Municipality harmless from any and all loss, damage or liability proximately caused by the negligence of Company in the installation and/or maintenance of the overhead street lighting system, but this shall not be construed as any assumption of any liability for injury to or death of any per- son or for damage to any property caused by the failure of any lamp or lamps to operate. 48-104 R 7/67 I FRONT (4) Changes in Lamp Location. Company will change the location of any lamp or lamps constituting a part of the overhead street lighting system, which will, or may be, installed and/or operated under the terms of the agreement. "Change In Lamp Location" shall mean the relocation Of a lamp in such a manner that the area illu- minated by the lamp will not be substantially changed from what it was before such relocation. Any such change in lamp location will be made only upon written orders from Customer. The actual cost and expense of making each such change in lamp location shall be borne by Customer. Customer shall pay Company for the operation of such changed lamp or lamps, and for the electric energy supplied therefor, in accordance with the applicable rates set forth in Exhibit "C" or in Exhibit "D". (5) Additional Lamps. Company shall install additional overhead lamps in accordance with the provisions contained in Exh!bit "D". Municipality shall accept service from and pay for any such additional lamp or lamps so long as this agi-$~m~fi~ re~fialns: effective in accordance with the rates set forth in Exhibit "D". (6) Payments /or Service. Municipality shall accept service hereunder and pay for the same on the basis of each and every lamp installed and operated in accordance with the original number of lamps as set our in the 'SCHEDULE OF LAMPS" of this agreement, and such additional lamps as may be installed in accordance with paragraph (5) above: prov!ded, however, that. whenever Municipality shall order Company to increase the size of ~ny lamp supplied hereunder, payments thereafter shall, because of such change, be made in accordance with the rates set forth in Exhibit "D". Bills for overhead street Iighting service hereunder shall be presented monthly by Company. ~75 Delinquency, If Municip~tlity shall fail to pay any sum or sums of money as the same become due and payable for overhead street lighting service rendered under the terms of this agreement and such delinquency con- tinues for a period of thirty (305 days or longer, Company shall have the right to discontinue service to the over- head street lighting system until such sum or sums of money shall have been fully paid. or Company shall have the right to cancel this agreement in its entirety .and may, at' its option, remove any parts or all of the overhead street lighting equipment and system. Such discontinuance, cancellation or removal shall not release Municipality from liability for the payment of any sum or sums of money: owing to Company for overhead street lighting service there- tofure furnished to Municipality nor relieve MunicipaIity of liability to respond in damages for such violation of the terms of this agreement. (8) Rate Changes. Should any change in the rates p<g,9ided for herein be lawi:ully ordered by the Public Serv- ice Commission of Indiana. payments for service by Municipit.ity to Company as provided for herein shall thereafter be made upon the basis of such new rates as changed and approved by the Public Service Commission of Indiana. SECTION V. Service under this agreement shall commence as soon as practicable, but in no event later than thirty 305 days after the date of this agreement, and Company shall noeify Municipality in writing as to the date on which service hereunder will be commenced. The initial fixed term of this agreement during which Municipality shall take and Company shall render service hereunder shall be five ( 5 ) year~ fr6m the said date when service com- mences hereunder, and after the said initial fixed term of five (5 years this ag~'eement shall continue in force and effect £or successive terms of five years. Either one of the parties hereto upon at least sixty (60) days prior written notice to the other may terminate this agreement at the expiration of said initial fixed term of five 5) years or at the expiration of any successive five-year term. SECTION- VI. From ~nd after the date when service is commenced under this agreement, this agreement shall supersede any and all existing agreements between the parties hereto under the terms of which overheau street light- ing service is supplied by Company to Municipality, and all such other agreements as to overhead street lighting service, or insofar as they cover overhead street lighting service, shall be deemed terminated and cancelled as of such date: provided, however, that such termination or cancellation shall nor preclude or destroy the right of either party hereto thereafter to commence an action, and recover, for any unpaid bills ar other damages resulting from any breach of such other agreement during the time the same was in force and effect. SECTION VII. Ail terms and stipulations heretofore made or agreed to in respect to overhead street lighting service by Company to Municipality subsequent to the commencement of service hereunder are merged into this written agreement, and no previous or contemporaneous representatmns or agreements made by any otticer, agent or employee of Company or Municipality shall be binding upon either party m connection with the rendering or receiving of overhead street lighting service hereunder unless couramed herein. SECTION VIII. Municipality represents and covenants that all things required by law precedent to the lawful executior~ by Municipality of this agreement have been prepared, given, held, submitted, furnished and properly done and performed. SECTION IX, This agreement shaI1 be binding upon and inure to the benefit of the parties hereto and their 48-104 R 7/67 PAGE ! BACK respective successors or assigns. IN WITNESS WHEREOF the parties hereto have caused quadruplicate copies of this agreement to be duly executed by their respective duly authorized proper officers, and their respective corporate seals to be duly affixed to such quadruplicate copies, and properly attested, all as of the day, month and year first above written. CITY of. 0E.t~'.~'.eR~ONV]'T,LR , Indiana, BOARD OF PUBLIC WORKS & SAI~ETY By- ATTEST: Clerk-Treasurer ATTEST: PUBLIC SERVICE COMPANY OF INDIANA, INC: - (an Indiana corporation) By_ Vice President Secretary 48-104 PAGE 2 FRONT SCHEDULE OF 0VERHF~D STREET LIGHTING LAMPS Exhibit "A" Exhibit "B" Rate SL Rate PSL Size of Lamp (Lumens) Size of Lamp ~Lumens) Incandescent ~92 1,000 2,500 4,000 6,000 10,000 15,000 2,500 4,000 6,000 ..... 10,000 ...... 15,000 Mercury Vapor 15 7,000 20,000 40,000 Mercury Vapor 51 8,000 11,000 22,000 40,000 PUBLIC SERVICE COMPANY OF INDIANA, INC. 1000 East Main Street, Plainfield, Indiana EXHIBIT C RATE SL--SCHEDULE FOR PUBLIC STREET LIGHTING SERVICE (OTHER THAN STATE HIGHWAY SAFETY STREET LIGHTING SERVICE) This Schedule~ P~te SL~ is in the process of elimingti6n and is withd~awu except for the present installations of lamps served hereunder prior to June l~ 1966, and will not be applicable to additional or converted l~.mp units. If service hereunder to an existing size or type of lamp is at any time discontinued at the customer's option~ this schedule sh~ll not again be available. Availability Available for public street lighting service at such locations as are within the Company's service area and ate adja- cent to an electric power line of Company th~at is adequate and suitable for supplying the service request~i. Rate For Standard Ooerhe~d Public Street Lighting Seswlce L~men R~ted Incandescent L~ps ' R~e Outage Size o! L~mp . ~ l.~mp p~' (l~m~s) p~ A~m ~ Night 1~ S14.S2 2,~ 20.52 4,~ 27.~ ~c 6,~0 }4.56 10,~0 ~.56 15,~ 62.16 17c W~tage R~ted Inc~esc~t Mercury Vapor L~nps Size of I~mp (watts) 100 150 2OO ~00 500 750 1,000 Outage Credit per I.~np per Lamp p~r Annum p~ Night $16.92 5c 2632 7c 47.88 7~.20 2~ 2~c Size of ~tmp l~te Outage Credit per L~np per (lumens) (watts) ~er dn~m p~ Night 7,~ 175 $~.~ 13c 20,~ ~ 75.~ 21c ~,~ 7~ I05~ For Otb~ Pubic Street Ligbtlng S~ira When a Customer hereunder requests public street lighting servic~ for an overhead ornamental public street lighting system or for any other overhead public street lighting system requiring special poles, fixtures or lamps, or for an underground public street lighting system ingtead of an Overhead public street lighting system, the foregoing schedule of rates shall be increased and the terms and conditions of the .con.tract with th.~ Cust.?.m.er shall be varied t? cover Company's additional cost to install,.own, operate and maintain such special faczlmes. Ownership of System-Service Lines Company will furnish, provide, install, own, operate ~nd maintain the necessary transmission and distribution line, wires, conduits, conductors, cables, masts, towers, poles, posts, transformers, lamps, fixtures and other applhlnces and structures for furnishing public street lighting service to Customer. Company shall erect the Service lines necessary to supply el~. tic energy to the said public street lighting system within the limits of the public .streets and hig.hways or on private p.ro. pen'y as mumall~ agreed upon by Corn .peuy and Customer. Customer shall s~sist Company, d necessary, in obtamm, g adequate written ea,~.meuts covering per- mission to install and maintain any service lines which it may be desirable to install upon private propean?. Company shall not be required to pay for obtaining permission to trim or re-trim trees w.here such. trees, interfere w/th any service lines or wires o.f Company u.sed for ?.pplying ?l.ectric energy to the public street lighang system. rain such permission through its own best efforts. April 4, 1966 HUOH A. BARKER, Financial Vice Prelidlllt Effective June 1, 1966 PUBLIC SERVICE COMPANY OF INDIANA, INC. 1000 EaU Main Street, Plainfield, Indiana RATE SL--SCHEDULE FOR PUBLIC STREET LIGHTING SERVICE (OTHER THAN STATE HIGHWAY SAFETY STREET LIGHTING SERVICE) Lighting Hours laT~e lighting ,hou,.rs. foc..the public street lighting system shall be on an "all-night" schedule which provides that amps are to ~e lzgnteo rtom appeoximately one-half (V2) hour after sunset until approximately one half (~) hour before sunrise each day in the year, approximately 4,000 hours per annum. Maintenance of Lighting ~ysmm . Company will repair and/or replace and malr~min all equip, ment owned by Company, including lamps and glass- w~re, which may be necessary to provide continuous operation of the public street light~ng system. Changes in Lamp Location C.,o.mpany will change the location of any lamp or lamps constituting a part of the public street fighting system whico are, or may be, installed and/or operated under this schedule. Any such change in lamp location will be ,made. only u.,l~,n ,written. ord~er from Customer. The actual cost and expanse of making each such change in htmp Additional Lamps Company shall install, at its own expense, any additional lamp or lamps ordered by Customer, provided, however, that the cost of installing any such additional lamp or lamps does not exceed five times the annual amount to be paid by Customer (at the rates provided herein) for public street lighting service from the additional lamp or lamps ordered. If the cost of installing any such additional lamp or lamps shall exceed tire times the annual amount to be paid by Customer for p~blic street lighting service from such ~dditional lamp or lamps oedeted, then such excess cost of installing such lamp or lamps shall be paid for by Customer. Co.mpany shall install any additional lamp or lamps as soon as practicable after the receipt by Company of the ~or,t~tvoc~d.e,.r, fr~om Customer. ,Such o. rder s~ not require Company to install additional lamps at any time prior roy ~auJ oays nor ~ater man mnety I~)o) days a~ter receipt by Company of such order. Payments for Service Pub~ Authorities Bills for public street lighting service as supplied under this schedule to be submitted by Company to Customer for any month shall be in an amount equal to one-twelfth (1/12) of the annual charges herein provided. After such bills have been presented for public street lighting service rendered during the preceding month, Customer shall make full payment within ten (10) days irm~ediately following the date for the next regular meeting of the proper authorities having authority to approve such bills. Other than Public .~uthor~ies Company may require from applicants for public street lighting service a deposit equal to five years estimated charges befure the public street lighting system is constructed. Such deposit can be made with Company or under ?rms, of an escrow, a. greement with a bank subject to an agreement pgrmitting Company to draw against such a h Ually .o ,n th? t,mated char s for el tric service to be r dered to Customer g t e one-year per:on rollowmg the date of such draft. Deposits made with Co, mpany will draw interest at the rate of three per cent (3%) annually. Such interest will be credited to Customers account at the termination of e~ch contract year. No further deposit shall be required to secure payment of bills for such service to be rendered hereunder for any year after the fifth year after thc commencement of service hereunder except that all bills for service hereunder shall thereafter be paid annually and in advance. Deduction for Outage Credit Custon~..r ,or. osh, er authorized ag?nc ,shall nmke a report of any lamp or ,lamps which are oat of service during proper ugntmg hOUrS. A copy ot SUCh report shall be delivered to Company s local or district ottfice, or to such tepee. sentative as Company may designate to receive such reports. Company shall restore any lamp or lamps to service before the prope~, hour for lighting on the same day ns re- puet~d if the report of lamp outage is received before the hour of 12 oclock noon, or Company shall ressot~ any lamp or lamps to service before the proper ho~tr for lighting on the next succeeding day if the report of lamp out. .age is ,recei. v,ed.after the.ho,ur of 12 oclock noon. In the event of the failure to restore any lamp or lamps to aery. :ce ~s neremDetore prowoeo, after receipt of the report hereinbefore provided for, Customer shall, for each such lamp outage, receive a deduction for outage credit from the payment for street lighting service for the current month m accordance wxth the "Outage Credits" prowded m thts schedule. ot any imp or Imps to operate during lighting hours, and Company shall not be liable either to ~u~e~t~or to any third party or part~es for any claims for damages dlrectly or indirectly attributable to soth lamp Contract for Service A Customer seeking service under this schedule shall make and enter into a contract with Company for a term of not less than ten years in the case of a new ornamental public street lighting system or in the case of contracts for new systems with parsons other than public authorities, and not less than five years in the case of any other public street lighting system, containing other appropriate terms and conditions not inconsistent herewith. I~ued by I~ued April 4, 1966 HUGH A. fiARKER, Financial Vice Presidem Effective June 1~ 1966 PUBLIC SERVICE COMPANY OF INDIANA, INC. · 1000 East Main Street, PlaiflSeld, Indiana RATE PSL-.S~HEDULE FOR PUBLIC STEEET LIGHTING SERVICE (OTHER THAN STATE HIGHWAY LIGHTING SERVICe) Availability Available for public street lighting service at such locations as are within the Company's service area and are adja- cenl to an electric power line of Company that is edequam and suitable for supply!pg lhe..sgry~ic~e~ requested. Rate Lumen Rated Incandescent ~mps Ra~e Outage Credit Size of Lamp per Lamp per Lamp ~lumen~) oer Annum oer Ni~h~ 2,500 $42.oo z2.¢ k,ooo 48.00 13¢ 6,000 57.oo t6¢ LO,OOO 75.oo 21¢ 15,ooo 93.00' 25~ Mercury Vapor Lamps Rate 0utageCredit's Size of Lam~ per Lamp per Lamp (lumens) (watts) ~er ~nnum ~-~er Nigh~ 175 1Be 22,000 400 75.00 ....... 219 ~0,000 7OO 105.00 29¢ ~gn~ sySt~"O[ ¢or'any O~K overbid public str~ hSnun$ or {or ~ Under~onnd public S~t ~$htlnS system inst~ to~soin$ '~hedule o{ ~t~ shall be incr~ .~nd the ~ thai ~ v~i~ to c~er '~m~'s iddition~ cost '~ ins~, ~, o~ite' (~d ~n~n suc~.s~sl t~um~. Ownership of System-Service Lines Company will furnish, provide, install, own, operate and m~intsin,the necessary tr, snsmissio_n;'l~_n?u.d=is.~i..~..u.t?.nn lls~~ wlrm, conduzu, ~on.d,u.~o~s, ce.hies, ma$~, to.wets, p~.les, po?, transtorm~rs, lam?, nxtote'i ..l_t~u~ ~ for fu~r~l~ha~s pub. hc .street hghtms se~ace tq.~u~to..m~-.. ................ .~ ,..t.:_. -.stem ~fiyshall erect the service lines neres.si..ry to supply el .e~c enerr/ K) the tat?. pu~mlc, !~c~l~!.[~_s_~; sad within the limiu of the pu~)!i~ ,s}r~e~.~..fld.,~ighwsys or on p?,,tte p.ro. per~ ? mumauy, a~reea upon ~i~ .tO nltall '~fid mali{taih~ifiy'¢i'ervice lines which~ .n~.y be desu-able to install upon prays p perry. Compeny' shall n6t ~be' reqlii~d topay ~or ob/ii~ih~ '~r~i{siz6n i0 /ri~.~i~r~e:r~'.~[ufi~.~ W~h.e$~e..}~c~h,.~t~..~? in.t.~, fere with anfiervice lln~s%r wi&es of Company teed lot ?.pplying .el.ectnc en?Sy 'to ~e, pu~!c street .agh.t!_n.~- '"shall'iss~t'Cdm n';'if'tiiL--~ss~iT in ore, nine permamon to trim trees wnen Customer pit y. . ............... ~sln such permission through its own best efforts. The .lighting hours"for the public stret, t lighting system shall be on an "all-nighf' schedule which pr0v.ld..~ that Imps are to be lighted from approximately one-half (Ii) hour after sunset until appr~-Imnsely one-half (Ii) ho~: bL/rore sunrise each day in the year, approximately 4,000 hours per annum, . ...... ~ Maintenance of Lighting System v,~.~, which m~y be ( C ontin~d ) Issued April 4, 1966 Effective June 1, 1966 PUBLIC SERVICE COMPANY OF INDIANA, INC. 1000 Emt Main Str.e~, Plalnfi.ld, Indiana P~rFE PSL-SCHEDULE FOR PUBLIC STREET L£0HTINC,,ERVZCE~ (OTTTER THBi~ STATE HIGHWAY LIG~YI~C SERV~CN) (C~t~ed) Changes in Lamp Location Company will change the location of any lamp or lamps const luting a part of the public street lighting syste~ which aze. or may be, installed and/or operated under chis schedule. Any such change in lamp lo~ation will he Nit, .o, er from Customer. co. and ,xp,n of king ea,h ,uch h nge lddit ion~l Lamps S~nd~rd Overhead Public Street Lighting ~ervice Company shall install, at its cmn expense, any additional l~mp or lamps included in the rates for standard overhead pu$1ic street lighting service when ordered by Customer. Compa~ sha~J ~n~tall a~ additional lamp or l~mps as soon as practicable after receipt by Com!~ny of the ~itten or,er £r~ Customer. Such or,er sh~ll not require Co~pany to ins~ll additional et any t~me ~rior to thirty (SO) ~ys nor l~ter th~n nina~y (90) ~ys after receipt by cf ~uch or~r. 9ther ~blic Steer L~htl~ service ~e ineta~ion of an add~tlo~Z street lightinE eye~m o~her ~u a ~tmn~rd overhead Zlgh~l~ ~y~m or the ln~tion of an additio~l ~ or l~s to s~ch o~her street Zlgh~P eye,em, and the co~c~l~ ~o end/or ~lehi~ o~ electric ener~ ~o ~uch ~dditZo~l ~treet li~ting eye,em, ~ or l~e~ e~ll be subject to a ~e~arate or suDplemen~al a~ee~ent fo~ such a~ltio~Z at.et liEhting eye,em, ~ or Peyments for Service Bills for p~hlic s~eet llghtin~ ~J~e .~ mpp~ ~de~ ~l* ~h~a~ co ~ submi~ed bY Core,ny ~o Cu~om~ ~o~ ~n~ month sh~ ~ in ~n ~mounc ~u.~ m one-~we~fch (~/Z2) cE Che .nnu~ ch~tl~ heedn p~ov~d~. such bills have ~n pr~t~ for public s~eet li~ting service render~ during the pr~ing month, Customer ~hall make full ~yment wi~in ten (10) days i~ediately following the date for ~e next resist m~t~ng of · e proof ~uthori~ h~ving ~u~ori~ to npprove such biRs. 0~ tb~n Public ~ ~mpaay ~y r~e from applic~n~ for public ~tr~t lighting ~rvlce ~ d~it ~a~l m five y~ c~ ~ore ~e public ~ lighting ~tem i~ con~truc~. $uch ~t can be m~de wi~ ~mPany or ter~ of an ~row air.eno wi~ a ~ank subj~t to an ~gre~ent ~rmi~in$ Core.ny ~ d~w J~inst such fund~ ~nually and in advanCe, t~e ~ti~ted Charges for ef~ic ~rvice to ~ render~ to Cugomet h~und~ during the one-year ~ri~ following the date of such draft D~si~ ~de w th Core.ny w [dfew interest at · e tare of thr~ ~r rent (3%) annua y. Such merest will ~ ct~it~ to Cust0met'~ ~count ~t the termination of ~ch c0nttg~ y~r. No further de.it shall be tequi~d to ~te payment of bills for Such ~ig~ to tender~ heteRndet for any y~t after the fif~ y~r after the commencement of service hereunder except thgt ~1 hills for service hereunder shall ther~fter be ~d ann~Hy ~nd in advance. Dedu~ien f~r Outage Credit ~T?L~ °t~er .uthyriz~ '~t .sh.ll ~ke a re~rt of .ny l~p or t~ps which are out of ~rv~ce ~ ~ ~,mg noun. ~ copy or such report shall ~ deliver~ to Com~ny's 1~1 or distri~ 0~ee~ ~r t0 ~a~6ve ~ ~m~n~ m~y dedgn~te to ~eive such ~m~ny ~1 r~m~ any llmp 0r lam~ t0 ~ice ~fore the Pro~r hour for lighting 0n the ~e day ~ if ~e re~n of lamp ~m~ is r~eived ~fore ~e h~r of 12 o'cl~k n~n, or Company sh~U r~to~ any ~ or lm~ m ~ice ~fore the proof ho~ for lighting on the ne~ succ~ing day if ~e ~e~ 0f lamp out. ~ ~y~..fc~ me,~o?r ?f 12 O'c)~k.n~n. In *e event of ~ f~lur. ,o r.tore .ny I.mp or ~ampa to ne~m~e proving, a~r ~e,pc or ~e ~ he.in.fore provid~ for, Customer sh~l. for ~h tach ~p ~, ~ive a d~u~i~n for ~ cr~ t from the ~ym~t for su~ lighting ~ice for tbe ~rreat ~ m ~an~ wi~ ~he ~tage C~i~" provid~ in ~ ~h d~u~onl for ou~ cr~it sh~ll cons~mre the only liabili~ ~at ~mpany ~es or ~dl ha~ ~ of ~e f~e of inF l~p or 1~ m o~te during l~h~ng h~r~ and Com~ny shall not ~ ~ble eith~ m C~ ~ m m ~y ~ ~ or ~i~ for any cl~ for dnm~ di~y or in~y a~/bUmble Cont~ ~or A C~m~ ~ng ~ice under ~is ~h~e ~1 ~ke tnd ~Mr ina t ~ntra~ wi~ ~ny f~ a t~m of n~ ~ ~n ~ ~ in &e c~ of a n~ orn~en~ ~blk ~ li~fiflg syst~ or in ~e ~ of cofltr~ for n~ ~ wt~ ~m ~er than Public nuthorifi~ and n~ 1~ than five y~s in ~e ~ Of afiy ~die} ~ ~n~ ~sm~ con~ning o~ approprh~ Mrms sfld c~fions not /n~n~t her~i~. I#ued April 4, 1966 Issued by HUGH A. BARKER, Financial Vice PreSid,n't ~. ~,, =~Ge~*:v~ J',~,/e h ] hi,, WHEREAS, all acts, conditions and things precedent to the execution of the contract hereinbefore set forth have happened and been properly done in regular and due form as required by law; and WNEBEAS, said contract has been submitted by said BOAPD OF ~IC WORKS AND SAFETY of the CITY OF JEFFERSOEVIIJE , I~DIANA, to the C0~ON COUNCIL of said City for its consideration and action thereon; NOW, TBEREFOBE, Be It Ordained by the C0~94ON COUNCIL of the CITY OF J~JFFERSONVITJR , in Clark County, Indiana, as follows, to-wit: Section 1. The foregoing contract made and entered into on the ~ day of ~/~ , 19~.., between the BOARD OF PUBLIC WORKS AND SAFETY OF TEE CITY OF INDIANA, and the PUBLIC SERVICE COMPANY OF INDIANA, INC., be and the same is hereby in all things ratified, confirmed and approved. Section 2. This ordinance is passed on the same day and at the same meeting at which it is introduced, and it is passed by the unanimous consent of all members of the C0~0N COUNCIL present and there are present and voting at least two-thirds of the members elect of said COMMON COUNCIL. Section 3. This ordinance sb.ll be in ~11 force and effect from and after its p~ssnge. Passed by the COMMON COUNCIL this day of P~ESIDING OFFICER OF THE CO~ON COUNCIL OF THE CITY OF ~":RSONVILTR, INDIANA. ATTEST: Presented by me to the Mayor this 19 Approved amd sig~ed this ~ , ~ of ~z~