HomeMy WebLinkAboutD-35 Street Light Contract/PSCTOWN OF ~Jt~MEL
INDIANA
ORDINANCE APPROVING A sTEEET LIGHTING CONTRACT WITH
PUBLIC SEEVICE COMPANY OF INDIANA, INC.
WHEREAS~ the TOWN OF cAP/~EL ~ in H~411;on
County, Indiana, acting by and through the BOARD OF TRUSTEES of said
To~n, desires mo enmer into a con%ract with PUBLIC SERVICE COMPANY
OF INDIANA~ INC., for ornamental stree~ lighting service, which said
con%ract is in words and figures as follows, to-wit:
AGREEMENT AND CONTRACT
FOR
ORNAMENTA5~ STREET LIGHTING SERVICE
b~tween
PUBLIC SERVICE COMPANY OF INDIANA, INC.
Date entered into
Date approved by PUBLIC SERVICE
COMMISSION OF INDIANA .
Date service commenced .......
Date of expiration of fixed term .
(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 successive term of five years.)
AGREEMENT FOR ORNAMENTAL STREET LIGHTING SERVICE
THIS AGREEMENT made and entered into this .............. J..2..Say of .............. ---~- .............. , 1~-5,
by and between the....~.~.. .............. of .................................... ~ .......................................................... , a municipal
corporation in ......... ~!.~...0~. .............. County and organized under the laws of the State of Indiana, acting by and
through its ............ ~.....0~....~ ......................................... (hereinafter called "Municipality"), patty 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 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 equipment
to provide, operate and maintain an ornamental street lighting system, and Company will furnish electric energy,
all for the purpose of furnishing ornamental street lighting service to Municipality.
SECTION II. A detail of the locations of the lamps to be supplied for said ornamental street lighting system
and the resl:~tive sizes of such lamps is set forth on the print hereto attached, bearing print No...~:...~,~01~[ ...............
marked Exhibit "A" and made a part hereof the same as if incorporated herein.
The original installation, as shown on said Exhibit "A", provides for the minimum number of lamps of the
respective sizes that shall be operated hereunder during the term of this agreement, said number and sizes being as
follows:
SCHEDULE OF LAMPS
6000 hmle~ 0 - 10,000
SECTION III. Except as otherwise provided in this agreement, Municipality shall pay Company for the oper-
ation of said ornamental street lighting system, and for the electric energy supplied therefor, an amount determined on
the basis of the following rates per lamp per annum:
SCHEDULE OF RATES
Payments for said service and energy supplied shall be made by Municipality monthly in accordance with the pro-
visions of SECTION V, paragraph (8), as hereinafter set out.
SECTION IV. Outage credit hereinafter provided for in SECTION V, paragraph (I0), shall be in the roi-
lowing amounts:
Size
6000
10,~0
SCHEDULE OF OUTAGE CREDITS
Outage Credit
1~ l~r lamp pe~
48,102
SECTION V. The operation of the said ornamental street lighting system, and the supplying of electric energy
therefor, shall be in accordance with the following provisions:
(I) Ownership of System~ervke Lines. Company will, in accordance with the terms of this agreement,
furnish, provide, install, own, operate and maintain the necesstay transmission and distribution lines, wires, con-
duits, conductors, cables, masts, towers, poles, posts, transformers, lamps, fixtures and other appliances and struc-
tures for furnishing ornamental street lighting service to Municipality. The ownership of the property compris-
ing said ornamental street lighting system is and shall remain in Company, and the termination of this agree-
ment 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.
Company shall erect the service lines necessary to supply electric energy to the said ornamental street light-
ing :system within the limits of the public streets and highways of Municipality or on private property as mutual-
ly agreed upon by the parties. Municipality shall assist Company, if necessary, in obtaining adequate written
easements covering permission to install and maintain any service lines which it may be desirable to install
upon private property.
Company shall not be required to pay for obtaining permission to trim or re-trim trees where such trees
interfere with any service lines or wires of Company used for supplying electric energy to the ornamental street
lighting system. Municipality shall assist Company, if necessary, in obtaining permission to trim trees when Com-
pany is unable to obtain such permission through its own best efforts.
(2) Lighting Hours. The lighting hours for the said ornamental street lighting system shall be on an "all-
night" schedule which provides that lamps are to be lighted from approximatel7 one-half (1~) hour after sun-
set until approximately one-half (1~) hour before sunrise each day in the year.
(3) 3{dntenance of Lighting System. Company will repair and/or replace and maintain all equipment
owned by Company, including lamps and glassware, which may be necessary to provide continuous operation
of the ornamental street lighting system.
(4) Contlnu~ty of Service. Company does not guarantee uninterrupted service from the ornamental street
lighting 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, insurrections, war,
acts of the public enemy, fire from any cause, explosions, accidents, restraint of government, state or municipal
interference, breakdowns, injuries to machinery, transmission or distribution systems, necessary repairs and
renewals, or acts of God; but Company shall make al/reasonable efforts to renew promptly the operation of
the ornamental street lighting system in the event of any interruption to the service.
(5) L~b~llty. Company shall protect and save Municipality harmless from any and all loss, damage or lia-
bility proximately caused by the negligence of Company in the installation and/or maintenance of the oma-
mental 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 proper~y caused by the failure of any lamp or lamps to operate.
(6) Changes in Lamp Location. Company will change the location of any lamp or lamps constituting a part
of the ornamental street lighting system, which are, or may be, installed and/or operated under the terms of
this agreement. Any such change in lamp location will be made only upon written order from Municipality. The
actual cost and expense of making each such change in lamp location shall be borne by Municipality.
(7) 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 connect-
ing to and/or furnishing of electric energy to such additional ornamental street lighting system, lamp or lamps,
shall be subject to a separate or supplemental agreement for any such additional ornamental street lighting sys-
tem, lamp or lamps.
(8) Payments/or Service. Munidpality 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 out in the
"SCHEDULE OF LAIvlPS" of this agreement: provided, however, that, whenever Municipality shall order
Company to increase the size of any lamp supplied hereunder, payments thereafter shall, because of such change,
48-102 PAGE 3
$]/CTION VIII. All terms and stipulations heretofore made or agreed to in respect to ornamental street light-
ing service by Company to Municipality subsequent to the commencement of service 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 rece/v-
ing of ornamental street lighting service hereunder unless contained herein.
SECTION IX. Municipality represents and covenants that all things required by law precedent to the lawful exe-
cution by Ivlunidpality of this agreement have been prepared, given, heldi submitted, furnished and properly done
and performed.
SECTION' X. This agreement shall be binding upon and inure to the benefit of the parties hereto and their
respective successors or assigns.
IN WITNESS WHEREOF the par~ies hereto have caused quadruplicate copies of this agreement to be duly exe-
cured by their respective duly authorized proper officers, and their respective corporate seals to be affixed to such
quadruplicate copies, and properly attested, alt as of the day, month and year first above written.
~ of ~ , Indiana,
By
ATTnsT: ~ ~)
~,6~.~-~ PUBLIC SERVICE COMPA~ OF INDI~A, INC.,
~%~ (~ Indima cor~ration),
ATILT: Vice Presider
48-102
; and
WHEREAS, all aczs, conditions and things precedent to the
execution by the TOWN OF CAI~4EL of the said convract 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 ~AIIMEL , in t;am~lton County~
Indiana, as follows, to-wit:
1. That the TOWN OF CARMEL do make and enver
in%o the aforesaid contract with PUBLIC SERVICE COMPANY OF INDIANA, INC.,
for the inszallation, operation and maintenance of the ornamental svreev
lighting sysvem more particularly described in said conzracz, and for the
street lzghting service zo be rendered in accordance with the zerms 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 and BOARD
OF TRUSTEES of said Town are authorized vo execuze the same in the name
of~ and for, and in behalf of said Town~ and the Clerk-Treasurer is
authorized ~o attest the same with his signature and affix therezo the
corporate seal of said Town; and that when said contracz is executed either
by the President or a ~ajority of the BOARD OF TRUSTEES and attested by the
Clerk-Treasurer, is duly executed by PUBLIC SERVICE COMPANY OF INDIANA, INC.,
and has been approved by PUBLIC SERVICE CO~4ISSION OF INDIANA, as provided
therein, it shall be in full force and effect.
2. This ordinance is passed on the same day and az the same
meeting at which it is introduced and it is passed by the unanimous consent
of all members of the BOARD OF TRUSTEES presenv, and there are present and
voting at least two-zhirds 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 day of
19 65
ATTEST:
Clerk-Treasur