HomeMy WebLinkAbout1964-OR-1623ORDINANCE NO. / ~ ~ ~
CITY OF ~ ~'FERSONVILLE
AN ORDINANCE RATIFYING, CONFIRMING AND APPROVING THE ACTION OF THE
BOARD OF PUBLIC WORKS AND SAFETY OF '1'~ CITY OF ~'~'ERSONVIIJ.E ,
INDIANA, IN ENTERING INTO A C05~fRACT FOR ELECTRIC ENERGY FOR POWER AND
LIG~K~ FOR OPERATING A MUNICIPAL SEWAGE DISPOSAL
SYST~ WITH PUBLID SERVICE COMPANY OF INDIANA, INC., AN INDIANA
CORPORATION.
W~EAS, ~ETOFORE, to-wit: On the day of
19~, the BOARD OF PUBLIC WORKS AND SAFETY of the CITY OF ~E~'~'ERSONVILLE
INDIANA, acting for and in behalf of said CITY OF JE~'FERSONVILLE
entered into the following contract for electric energy for power and
light for operating a. municipal Sewage Disposal
system with PUBLIC SERVICE COMPANY OF INDIANA, INC., which said contract
is in words and figures as follows~ to-wit:
~8-116
AGREEMENT
FOR ELECTRIC ENERGY FOR POWER AND LIGHT
FOR OPERATING A MUNICIPAL
OITY of
And
PUBLIC SERVICE COMPANY OF INDIANA, INC.
Date entered into ...................
Date service commenced ..............
Date of expiration of fixed ~erm ....
(After last date, agreement continues and is binding
until 60 days' notice by either party).
48-131 Page 1
AGREEMENT
FOR ELECTRIC ENERGY FOR POWER AND LIGHT
FOR OPERATING A MUNICIPAL
SYSTEM
THIS AGREEMENT made and entered into this day of
, 19~ , by and between the OIT~ of ~,
a municipal corporation in , ~lmr~k County and organized under
the laws of the State of Indiana, acting by and through its
O~ P~Iio ~rk~ ~ud Safety (hereinafter sometimes called
"Municipality" ), party of the first par~ and PUBLIC SERVICE COMPANY OF
IiIDIANA, INC.~ a corporation organized under the laws of the State of
Indiana (hereinafter sometimes called "Company"), party of the second
part~
WITNESSETE:
That for and in consideration of the covenants and agreements
of the respective parties hereto, hereinafter set forth, the parties
hereto do hereby covenant and agree as follows:
SECTION I. Subject to the terms and conditions hereinafter
set forth~ Company shall furnish to Municipality, and Municipality shall
take from Company~ under and pursuant to the provisions of the attached
schedule of tariff, rules and regulations designated WP and ~ached
hereto as "Exhibit A", all such amounts of electric energy as Municipality
shall require for power and light for operating a municipal
~ system in and adjacent to Municipality.
~8-1~i Page
SECTION II. Municipality agrees to ~ake and pay for, in accord-
ance with the provisions of said schedule WP, on electric energy fur-
nished it by Company for any of the above purposes.
SECTION III. The locations of service connections and description
of electrical equipment installed at the respective locations to be covered
initially under the terms of this agreement are shown on the list attached
hereto as "Exhibit B". Municipality may request additional points of de-
livery for electric energy under the provisions of Section V, Paragraph 2
hereof, and the rate herein referred to shall be applied to electric energy
used at all locations actually in operation during the period for which pay-
ment is to be made. Municipality shall issue a legal order in writing to
Company covering all such alterations in the original list of locations and
descriptions.
SECTION IV. The "General Terms and Conditions Applicable to
Electric Service" o~'~he Company, which are fr°m time to time filed with
and approved by the Public Service Commission of Indiana, shall be deemed
a part of this agreement and the conditions of service provided for herein
the same as if such terms and conditions were specifically set forth herein.
SECTION V. The supplying of electric energy hereunder by Company
shall be in accordance withthe following provisions:
1. Delinquency. If Municipality makes default in the payment,
when due, of any bill for service hereunder, or violates any
other term or condition of this agreement, then, upon such
default or violation, Company shall have the right, after due
notice to Municipality, to discontinue service to Municipality
hereunder. A written notice of the intention of Company to
discontinue the supply of electric energy hereunder at the
expiration of twenty (20) days from the date of such notice,
unless within such twenty (20) days Municipality shall have
made good the default or violation specified in such notice,
shall be considered due notice. Discontinuance of the supply
of electric energy for any such cause pursuant to any such
notice, shall, at the option of Company, have the effect of
terminating this agreement. Whenever this agreement shall be
terminated for any cause whatsoever, Company shall have the
right to remove its meters and other property.
g8-131 Page
2. Additional Points of Delivery. If, from time to time, it
becomes desirable to add to those points of delivery herein
specified additional points of delivery for electric energy,
the location of such additional points shall be mutually agreed
upon between the parties. Company shall not, in any such case,
be required to agree to extend service lines to any such
additional point of delivery if Company would thereby be required
to expend, in order to supply electric energy to such additional
point, any sum of money in excess of five times the annual
revenue estimated to be derived from the ~ervice to be rendered
at such additional point of delivery. In every case where such
cost is in excess of five times the estimated annual revenue to
be derived from the service to be rendered at such additional
point of delivery, and Company, nevertheless, extends the.lines
to such point, Municipality shall reimburse Company for the
full 'amount in excess of five times the estimated annual revenue
to be derived from the service to be rendered at such additional
point of delivery of Company's costs in making such extension.
B. Should any change in the rate provided for in Section I
hereof be ordered by the Public Service Commission of Indiana,
payments for service by Municipality to Company as provided for
in Section II hereof shall thereafter be made upon the basis of
such new rate as changed and approved by the Public Service Com-
mission of Indiana.
SECTION VI. The obligation of Company to supply, and of Munici-
pality to accept and pay for~ electric service under the terms of this
agreement shall commence when, and as soon as, Company is ready to supply
electric energy to Municipality and Municipality is ready to receive ser-
vice under the terms hereof (such date to be on or about S~pte~oer 1 ,
196~ ). Company shall notify Municipality~ in writing, as to the date on
which service hereunder will be commenced. The fixed term of this agree-
ment shall be five (5) years from the date when service is commenced here-
under, and after said original fixed term this agreement shall continue in
full force and effect until one of the parties hereto gives to the other
sixty (60) days' written notice of its intention to discontinue the fur-
nishing or receiving of electric energy hereunder.
SECTION VII. All terms and stipulations heretofore agreed to,
in respect to the supplying of electric energy by Company to Municipality
for the purposes stated herein are merged into this written agreement and
no previous or contemporaneous representations or agreements made by any
officer~ agent or employee of either party in regard theremo shall be
binding after the effective date of this agreement unless they are written
herein. From and after the date when service is commenced under the pro-
visions hereof, this agreement shall supersede any and all existing
~8-131 Page
agreements between the p~rties hereto relative to Company s~plying elec-
tric energy to Municipality for the purposes stated herein.
SECTION VIII. Municipality represents and covenants that all
things required by law, precedent to the lawful execution by Municipality
of this agreement, have been prepared, given, held~ submitted, ~nlshed
and properly done and performed.
SECTION IX. This agreement shall be binding upon and inure ko
the benefit of the parties hereto and their respective successors or assigns.
IN WITNESS WHEREOF, the said parties have caused quadruplicate
copies of this agreement to be duly executed and acknowledged all as of
the day, month and year first above written.
~!TT of J~'~I~E ~ INDIANA
Ai"I'EST:
PUBLIC SERVICE COMPANY OF INDIANA, INC.
an Indiana corporation
ATTEST:
By
Vice President
A~slstaB%Seeretary
~8-131 Page 5
PUBLIC SERVICE COMPANY OF INDIANA, INC.
RATE WP--SCHEDULE FOR WATER PUMPING AND/OR SEWAGE DISPOSAL
Availability
Minimum Monthly Bill
Terms and Condilion$ for Rendering Service
Issued September 11, 1963
48-131 ~ee 6
EXHIBIT B
Location
Magnolia Avenue
Avenue A, Bldg. 95
First Street, Bldg. 68
Guard Road, Bldg. 69
1433 Plank Road
Plank Road
Louise Street
Rolling Fields
Hopkins Lane
Ewing Lane
Ninth and Illinois
1216 Cedar View
48-131 Page
List of locations and descriptions
of Electrical Equipment installed
in connection with a municipal
Sew%ge Disposal
system in
Number H.P. Phase Volts
2 3 3 208
2 10 3 230
1 ~ i ll5
~ 7½ 3 230
1' ~~ 1 115
I 2 3 230
2 ½ 3 230
1 1 1 230
1 1 115
1 ~
7½ 3 230
10 3 208.
2 3 208
3 3 230
5 3 208
7½ 3 208
10 3 ;~" ~ 230
15 3 230
3 3 230
2 3 230
3 3 ~'"~ 230
5. 3 230
l'~ 3 230
I 3 23o
3/4 3 230
6~ 3 230
Total H.P.
6.0
20.25
15.25
4-.25
15 .o
20.0
h.O
6.0
10.0
15.o
199.o
EX~IB1T B (Cout.)
TOTAL ORIGINAL CONNECTED HORSEPOWER
199.0 H.P.
Service for lightiug shall be furuished provided such lightiug is
iucideutal to the disposal of sewage aud is Used for no other purpose.
; and
WfIEREAS, all acts~conditions and things precedent to the
execution of the contract hereinbefore sez forth have happened and
been properly done in regular and due form as required by law;
and
WHEREAS, said contract has been submitted by said BOARD OF
PUBLIC WORKS AND sAFETY of the CITY OF JEFFERSONVIIJ~ INDIANA,
to the COMMON COUNCIL of said City for its consideration and action
thereon;
NOW~ THEREFORE, Be It Ordained by the cOMMON COUNCIL of
the cITY OF ~'FERSONVI~J~ in Clark County, Indiana, as
follows, ~o-wit:
Section 1. The foregoing convracv made and entered inzo on
the day of , 1964., between the BOA_RD OF
PUBLIC WORKS AND SAFETY of the CITY OF JEFFERSONVIYJ~ 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
az the same meeting at which it is inzroduced and it is passed by
the unanimous consenz of all members of the cOMMON cOUNCIL presenv
and there are presenz and voting at leasz %wo-zhirds of the members
elect of said COMMON COUNCIL.
48-116
Section 3. This ordinance shall be in full force and
effect from and after its passage.
Passed by the COMMON COUNCIL this
~ , 19 64 .
day of
ATTEST:
PRESIDING OFFICER OF TNE CO~40N
COUNCIL OF THE CITY OF ~'~ERSONVILLE
~rk-Treasure
Presented by me vo the Mayor this
day of
19 64.
Approved and signed this
day of
Ma~or of the ' y
Indiana
48-116