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HomeMy WebLinkAboutD-79 Street Lighting/Public Ser ORDINANCE NO. D-~? TOW~ OF CARMEL ~ INDI. gBIA ORDINANCE APPROVING A STREET LIGHTING CONTRACT WITH PUBLIC SERVICE COMPANY OP INDIANA, INC. WHEREAS, the TOWN OF CARMEL in Hamilton County~ Indiana, acting by and through the BOARD OF TRUSTEES of said Town, desires to enter into a contract with PUBLIC SERVICE COMPANY OF INDIANA, INC., for ornamental street lighting service, which said contract has been executed by said PUBLIC SERVICE COMPANY OF INDIANA, INC. and as so executed is in words and figures as follows, to-wit: AGREEMENT AND CONTRACT FOR ORNAMENTAL STREET LIGHTING SERVICE BETWEEN PUBLIC SERVICE COMPANY OF INDIANA, INC. AND t Indiana Date entered into ..................... ~ -/~J"- ~"'~ Date Rate approved by PUBLIC SERVICE COMMISSION OF INDIANA Date service commenced ................. Date of expiration of fixed term ............ 2-13-74 (After last date, agreement continues for successive terms of five years and is binding until 60 days notice by either party prior to expiration of initial fixed term or any sucessive term of five years.) LF 48-102 Page 1 R 8/72 AGREEMENT FOR ORNAMENTAL STREET LIGHTING SERVICE THIS AGREEMENT made and entered into this II day of '/})I:t)(-e"'- 1.9.2..1, by and between the Town of Carmel a municipal corporation in Hamilton County and qr9.anized u~d~r th~ law~ o~ tt:'e State of Indiana. acting by and through its Board. of Trustees. ,. . (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"), party of the second part, WITNESSETH: That for and in consideration of the covenants a~d agreements of the respective parties hereto, hereinafter set for~h, the parties here~o do .hereby.mutually c::ovenant and ~gree as follows: SECTION l. Company will furnish, in accordance with conditions hereinafter set out, all necessary equipment to provide, operate and maintain an ornamental. street lighting system, and G,ompany will furnish electric energy, all for the purpose of furnishing ornamental street lighting serv,ice to Municipality. SECTION II. A detail of the locations of the lamps to be supplied for said ornamental street lighting system and the respective sizes of such lamps is set forth on the pri~t hereto attached, bearing print No. B"':26692 ., marked Exhibit "A" and made a pit:,t hereof the same as if. incorporated herein., ,_ . SECTION 111. Except as otherwise provided in this agreement, .Municipality shall pay Company for the' operation of said ornamental street lighting system, and for the electric energy supplied therefor, an amount determined on the basis of the rates per lamp per month set forth in Rate PSL..Schedule for Public Street Lighting Service marked Exhibit "B" and made a part hereof the same as if incorporated herein. SECTION IV. The operation of said ornamental street lighting system, and the supplying of electric energy therefor, shall be 'in accordance with the following provisio~s: (1) Liability, Company shall protect and save Municipality harmless from any and all loss, damage or liability proximately caused by, the n~gligen.ce.of Company in the i~stallation and/or m.~intenance ~f.the ornamental street lighting system, but this shall not be construed as any assumption of any liability for injury to or death of any person or for damage to any property caused by the failure of ?Iny.lamp or lamps to oper.ate. (2) Additional System or Lamps, The installation of an additional ornamental street lighting system or the installation of an additional ornamental lamp or lamps to the system herein contracted for, and the connecting to and/or furnishing of electric energy to such additional ornamentalstreetlighting system, lamp or lamps, shall be subject to a separate or supplemental agreement for any such additional ornamental street lighting system, lamp or lamps. (31 Rate Changes, Should any change in the rates provided for herein be lawfully ordered by the Public Service Commission of Indiana, payments for..serv~ce by.Mu~icipali!y to.C<?!T'panyas provi~ed for herein shall thereafter be made upon the basis.of such new rates ~s ~~anged and approved by th~ .Public Ser~ice ~ommission of Indiana. SECTION V. This agreement shall become effectiv~ and.binding upon the p~rtie~ heret9 when and as soon as it is approved by the Public Service Commission of Indiana. Service under this agreement shall commence as soon as practicable, and Company shall notify Municipality in writing as to the date on which service hereunder will commence. Unless and until otherwise ordered by said Commission, the initial fixed term of this agreement during . which Municipality shall take and Company shall render service hereunder shall ~e five (5) years from the said date when service commences hereunder, and after the said initial fixed term of five (5) years this agreement shall' . continue in force and effect for 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 agree~ent at the expiration of said initial fixed term of .five (5) years or at the expiration of any successive five-year term. LF 48.'02 Page 2 R 8/72 SECTION VI. From and after the date when service commences under this agreement, this agreement shall supersede any and all existing agreements between the parties hereto under the terms of which ornamental street lighting service is supplied by Company to Municipality for the system or part of a system hereinabove described, and al~ such other agreements as to ornamental street lighting service, or insofar as they cover such ornamental street lighting service, shall be deemed terminated and cancelled as o~ such date: provided, however, that such termination or cancellation shall not preclude or destroy the right of either party hereto thereafter to commence an action, and recover, for any unpaid bills or other damages resulting from any breach of such other agreement during the time the same was in force and effect. SECTION VII. All terms and stipulations heretofore made or agreed to in respect to ornamental street lighting service ,by Company to Municipality subsequent to the commencement of sert, ice hereunder are merged into this written agreement, and no previous or contemporaneous representations or agreements made by any officer, agent or employee of Company or Municipality shall be binding upon either party in connection with the rendering or receiving of ornamental street lighting service hereunder unless contained herein. SECTION VIII. The "General Terms and Conditions For Electric Service" of the Company, which are from 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 IX. This agreement shall be binding upon and inure to the benefits of the parties hereto and their 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. Town of Carmel , Indiana, By Board of Trust~s PUBLIC SERVICE COMPANY OF ~t~DIANA, _ ~ ,~"-'~ an indiana corpoj'ation~ Assist~nt Secretary INC. LF 48-102 Page 3 R 8/72 PUBLIC SERVI§~E COMPA~-~OF INDIANA, INC. ~ RATE PSL-SCHEDULE FOR PUBLIC STREET LIGHTING SERVICE (OTHER THAN STATE HIGHWAY LIGHTING SERVICE) PSCI No. 4 First Revised Sheet No 24 Canceling Original Sheet No. 24 EXHIBIT "B°~ Availability Available for public street lighting service at such locations as are within the Company's service area and are adiacent to a[~ electric power line of Company that is adequate and suitable for supplying the service requested. Rate For Standard Overhead Public Street Lighting Service Lumen Rated Incadescent Lamps Rate Outage Credit per Lamp per Lamp Size of Lamp per Mon th per Nigh t 2,500 lumens $ 3.90 13¢: 4,000 lumens 4.45 15¢ 6,000 lumens 5.25 17¢ 10,000 lumens 6.95 23¢ Mercury Vapor Lamps Rate Outage Credit per Lamp per Lamp Size of Lamp per Month per Night 8,000 lumens 175 watts $ 4.45 15¢ 11,000 lumens 250 watts 5.25 17¢ 22,000 lumens 400 watts 6.95 23¢ 40,000 lumens 700 watts 9.70 32¢ Sodium Vapor Lamps Rate Outage Credit per Lamp per Lamp Size of Lamp per Month per Night 150 watts $ 5.40 18~ 250 watts 6.30 21~ 400 watts 7.40 24~; For Other Public Street Lighting Service When a Customer hereunder requests public street lighting service for an overhead ornamental public street lighting system or for any other overhead public street lighting system requiring special poles, fixtures Qr lamps, or for an underground public street lighting system instead of an overhead public street lighting system, the foregoing schedule of rates shall be increased and the terms and conditions of the contract with the Customer shall be varied to cover Company's additional cost to install, own, operate and maintain such special facilities. Ownership of System-Service Lines Company will furnish, provide, install, own, operate and maintain the necessary transmission and distribution lines, wires, conduits, conductors, cables, masts, towers, poles, posts, transformers, [amps, fixtures and other applicances and structures for furnishing public street lighting service to Customer. (Continued on Sheet No, 24-A) Issued February 18, 1974 Effective March 20, 1974 PUBLiC,SERVI~ COMPANY OF INDIANA, INC. Sheet Ncl. 24-A RATE PSL-SCHEDULE FOR PUBLIC STREET LIGHTING SERVICE (OTHER THAN STATE HIGHWAY LIGHTING SERVICE) (Continued from Sheet No. 24) Lighting Hours The lighting hours for the public street lighting system shall lion an "all night" schedule which provides that lamps are to be lighted from approximately one-half (1/2) hour after sunset until approximately one-half (1/21 hour before sunrise each day in the year. approx:mately 4,000 hours per annum. Maintenance of I.ighting System Company will repair and/or replace and maintain all equipment owned by Company, including lamps and glassware, which may be necessary to ~rovide continuous operation of the public street lighting system. Changes in Lamp Location Company will change the location of any lamp or lamps constituting a part of the public street lighting system which are, or may be, installed and/or operated under this schedule. Any such change in lamp location will be made only upon written order from Customer. The actual cost and expense of making each such change in lamp location shatl be borne by Customer. Additional Lamps Standard Overhead Public Street Lighting Service Company shall install, at its own expense, any additional lamp or lamps included in the rates for standard overhead public street lighting service when ordered by Customer. Company shall install any additional lamp or lamps as soon as practicable after receipt by Company of the written order from Customer. Such order shall not require Company to install additional tamps at any time prior to thirty (30) days nor later than ninety (90) days after receipt by Company of such order. Other Public Str~?t Lighting Service The installation of an additional street lighting system other than a standard overhead street Hghting system or the instaUation of ,~n additional lamp or lamps to such other street lighting system, and the connecting to and/or furnishing of electric energy to :;uch additional street lighting system, lamp or lamps, shall be subject to a separate or supplemental agreement for any such additional street lighting system, lamp or lamps. (Continued oq Sheet No. 24-B) Effective May 11, 1972 Issued May 11, 1972 PUBLIC SERVICE COMPANY OF INDIANA, INC. 1000 East Main Street plainfield, Indiana 46168 RATE PSL-SCHEDULE FOR PUBLIC STREET LIGHTING SERVICE (OTHER THAN STATE HIGHWAY LIGHTING SERVICE) (Continued from Sheet No. 24-A) PSCI No, 4 Sheet NO. 24-B Payments for Servi~e Public Authorities Bills for public street lighting service as supplied under this schedule will be submitted by Company to Customer monthly. 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 immediately following the date for the next regular meeting of the proper authorities having authority to approve such bills. Other than Public Authorities Company may require from applicants for public street lighting service a deposit equal to five years estimated charges before the public street lighting system is constructed. Such deposit can be made with Company or under terms of an escrow agreement with a bank subject to an agreement permitting Company to draw against such funds, annually and in advance, the estimated charges for electric service to be rendered to Customer hereunder during the one-year period following the date of such draft. Deposits mede with Company will draw interest at the rate of four per cent (4%) annually. Such interest will be credited to Customer's account at the termination of each 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 the commencement of service hereunder except that all bills for service hereunder shall thereafter be paid annually and in advance. Deduction for Outage Credit Customer or other authorized agent shah make a report of any lamp or lamps which are out of service during proper lighting hours. A copy of such report shall be delivered to Company's local or district office, or to such representative as Company may designate to receive such reports. Company shall restore any lamp or lamps to service before the proper hour for lighting on the same day as reported if the report of lamp outage is received before the hour of 12 o'clock noon, or Company shall restore any lamp or ~amps to service before the proper hour for lighting on the next succeeding day if the report of lamp outage is received after the hour of 12 o'clock noon. In the event of the failure to restore any lamp or lamps to service as hereinbefore provided, 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 in accordance with the "Outage Credits" provided in th[s schedule. Such deductions for outage credit shall constitute the only liability that Company assumes or shall have because of the failure of any lamp or lamps to operate during lighting hours, and Company shall not be liable either to Customer or to any third party or parties for any claims for damages directly or indirectly attributable to such lamp outage. 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 persons 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. Effective May 11,1972 Issued May 11, 1972 ~ amd ~. WHEREAS~ all acts~ conditions and things precedent to the'execu- tion by the TOWN OF CARMEL of the said contract have happened and been properly done in regular and due form as required by law. NOW THEREFORE~ Be It Ordained by the BOARD OF TRUSTEES of the TOWN OF CARMEL .~ in Hamilton Cozmty, Indiana~ as follows~ to-wit: 1. That the TOWN OF cARMEL do make and enter into the aforesaid contract with PUBLIC SERVICE COMPANY OF INDIANA, INC.~ for the installation~ operation and maintenance of the ornamental street light- ing system more particularly described in said contract, and for the street lighting service to be rendered in accordance with the terms and conditions of the said contract~ and that said contract, in the form set forth, be~ and the same is hereby~ approved~ that the President or BOARD OF TRUSTEES of said Town are authorized to execute the same in the name of, and for, and in behalf of said Town~ and the Clerk-Treasurer is authorized to attest the same with his signature and affix thereto the corporate seal of said Town~ and that when said contract is executed either by the President or a major- ity of the BOARD OF TRUSTEES and attested by the Clerk-Treasurer, and has been approved by PUBLIC SERVICE COMMISSION OF INDIANA, as provided therein~ it shall be in full force and effect. 2. This ordinance is passed on the same day and at the same meet- ing at which it is introduced and it is passed by the unanimous consent of all members of the BOAi~ OF TRUSTEES present~ and there are present and voting at least two-thirds of the members elect of said BOARD OF TRUSTEES. 3. This ordinance Shall be in full force and effect from and after its passage. Dated~ passed and approved this // dayof ~~/~ ~ ~ ~ Cle~Sttr er President of BOARD OF TRUSTEES Town of Carmel ._~ Indiana . PUBLIC SERVICE COMPANY OF INDIANA, INC. 1000 East Main Street Plainfield, Indiana 4616B PSCI No.4 Second Revise(! Sheet No. 24.J Canceling First l~evised Sheet No. 24-J "-/ RATE PSL.SCHEDULE FOR PUBLIC STREET LIGHTING SERVICE (OTHER THAN STATE HIGHWAY.L1GHTlNG SERVICE) (Continued from Sheet No. 24-11) Rates included in Special Contracts for Ornamental Public Street Lighting Service (It the following locations: Size of Lamp Number of Lamps Rateper Lamp per Month Outage Credit per Lamp per Nigh t Bri'ar Wood Mobile Home Park Westport 175 watts 6 $5.00 16~ Woodland Springs Carmel 175 watts 45 $4.45 15V Holiday Mobile Home Court Kokomo 175 watts 19 $4.45 15~ Sandy Hook North Columbus 175 watts 8 $5.60 18~ "-..I Issued February 21.1974 Effective March 25. 1974