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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