HomeMy WebLinkAboutS-4 Electric Contract/Sewer PlnTOWN OF CAR24KL , INDIANA
ORDINANCE APREOVI]~G A CONTRACT FOR ELECTRIC
EN$~GY FOR POWER AND LIG~ FOR O~RAT~G A
~ICIP~ WA~ ~ING ~ SEWA~ DIS~
~S~M ~TH ~BLIC ~RVIC~ CO}~ 0F ~D~A~
~C., AN I~I~NA CORPO~IATION.
WHEREAS~ the TO%E~ OF CARMEL in Hamilton
County, Indiana~ acting by' a~d through the BOAED OF TRUSTEES of
said Town, desires t~ enter into a coutract with PUBLIC ~5~ERVICN~
COMPANY OF ~NDI.ANA, INC. , for electric energy for power aud light
for operatiug ~ municipal water pumping and sewage disposal system
which said contract is in wor'~]s ~d figures as follows, to-wit:
AGREEMENT
FOR ELECTRIC ENERGY FOR POWER AND LIGRT
FOR OPERATING A MUNICIPAL
~ of
Between
- 2_ . _, INDIANA
And
PUBLIC SERVICE COMPANY OF INDIANA, INC.
Date entered into ...................
Date service commenced .............. / '~ ~ ~ ~
Date of expiration of fixed term ....
(After last date, agreemenm continues and is binding
until 60 days' notice by either party).
48-131 Page 1
AGREF2~ENT
FOR ELECTRIC ENERGY FOR POWE~ ~ LIGHT
FOR OPERATING A MUNICIPAL
SYSTEM
THIS AGREEMENT m~de and entered into this ~o% day of
,~.~-~, 19~0, by and between the ~ of ~
a municipal corporation in ~ County and organized under
the laws of the State of Indiana, acting by and through its ~
~~ (hereinafter sometimes called
"Municipality"), party of the first part, and PUBLIC SERVICE COMPANY OF
INDIANA, IN~., a corporation organized under the laws of the State of
Indiana (hereinafter~ sometimes called "Company'), party of the second
part,
WITNESSETH:
That for and in consideration of the covenauts 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-M and attached
hereto as "Exhibit A", all such amounts of electric energy as Municipality
shall require for power and light for operating a municipal %%m~e~
~.~.~.~Em~ ~ 415~ system in and adjacent to Municipality.
~8-131 Page 2
SECTION II.. Municipality agrees to take and pay for, in accord-
ance with the provisions of said schedule WP-M, all electric energy fur-
nished it by Company For any of the above purposes.
SECTION III. The locations of servica connections and description
of electrical equipment installed at the respective locations to he covered
initially under the terms of this agreement are show~ on the list attached
hereto as "Exhibit B". Municipality may request additional ~oints 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" of the Company, which are from ~ime 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 here~.
SECTION V. The supplying of electric energy hereunder by Company
shall be in accordance with the following provisions:
i. Delinquency. If Municipality makes default in the payment,
when duej 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
no~ice 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
exptrationof twenty (20) days from the date of such aotice,
unless within such twenty (20) days Municipality shall h~ve
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.
~8-131 Page
2. Additional Points of Delivery. I~ 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 point~ shall be mutually agreed
upon between the parties. Company shall not~ in any such ease,
he required, to agree %o extend service lines to any such
additional point ofdetivery 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 bimee the annual
revenue estimated to be derived from %he service %o be rendered
at such additional point of delivery. .In every ease 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 he derived from the service to be rendered at such additional
point of delivery of Company's costs in saking such extension.
3. Should any change in the rate provided for in.Section I
hereof be ordered by the Public Service Commission of Indiana,
paymen'~e 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 aupp!y, 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 MuHicipaltty is ready to receive ser-
vi~e under the terms hereof (such date to be on or about _ i~-= ~ .- ,
19~ ). Company shall notify Municipality, in writing, as to th~ date on
~hieh 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 ~greements made by any
officer, agent or employee of either party in regard thereto shall be
binding after the effective date of this agreemenm 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
h8-131 Page 4
agreements between the parties hereto relative mo Company supplying elec-
tric energy to Munieipality for the purposes stated herein.
SECTIONVIII. 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, furnished
and properly done and performed.
SECTION IX, 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 said parties have caused quadruplicate
copies of this agreement to be duly executed and acknowledgee all as of
the day, month and year first above written.
~ of
By
INDIANA
A ST:
~~ PUBLIC SERVICE COMPANY OF INDIANA, INC.
ATTEST:
(3> Secretary
By
an Indiana corporation
Vice President
48-131 Page 5
~...~7)~._~LIC .~V~CE COMPANY OF INDIANA, INC.
P.$.C.I. No. 3 ,
RATE WP-M--SCHEDUU.~ FOR MUFIICIPA,L WATER PU~AP[NG AND/OR $~'WAGJ~ DISPOSAL
Availability
Available, under contract of not less than five years, to municipalities (hereinafter referred to as "Mufflctpaffty") fo.r the
electric energy for operation of a water pumping system and/or a sewage disposal system at such Iocation~ as ere w th n
ad ac, eat to said munidpalJ~y in which Company h~s, or can secure, a declaration of public convenience and necessity to
may be~sedduring (al peclods of emergency Cb) periods of test. provided such periods shall not exceed eight CB) hours
any calendar mot th; and (¢) per ods in w a ch he use of such auxiliary source o~ ~nergy supply is made necessary by insurance
~harc~¢~er o~ £ervlc~
Alternatlhg current having a freque,~¢y of sixty cycles a{ any s andard d sty button voltage supphed by Company and available
For the first 2,000 kwh used per month ...................................................... 3.0~ per kwh
For all over 2 000 kwh t sed n the same month ......................................... 1.25¢ pe~ kwh
Minimum Monthly BJJl
The total Minimum Monthly Bill shall be $1.00 per horsepower or fraction thereof for the first 10 horsepower of connected
]power load and $.50 per horsepower or fraction thereof for all connected power load In excess et 10 horsepower.
Connected power load shall be the sum
I. the horsepower ratlng of all connected motors, and
2. the rated input capacity of all power equipment other than motors, each kilovolt-ampere of such input rating being
considered as one horsepower of connected load.
"Power Load" is defined as electrlc energy used for any purpose other than lJghtlng.
Mec;euremen~s o~ ~ner~y
l~nergy shall be measured by suitable integrating instruments.
Bills shall be rendered and due monthly.
Terms and Conditions for Rendering Service
1. X~hen Municipality requires electr.ic energy at mere than one location for water pumping and/or sewage disposal in and
adjacent to the municipality served and all such locations are supplied electric service by ~ompany under the terms of one
contract for the combined service the sum of the measurements of all e ectrle energy d~hx;ered to such locations
used in cairn at ng the monthly b . shall bo
2, Th~ rate schedule he~eln contained is predicated upon a load factor such as is ardlnariIy developed by a .municipal water
pumpfflg system and/or a munlcipal,sewage disposal ers em, a Id~ tberefore~ contemplates serving as all ~ntegral unit the
total requirements of electric energy necessary to operate all locations tempt s ng the system: The rate hereln will nor be
available for any part of a system which obtains electric energy for the purposes stated herein from any source et er than'
Company at (1) locations designated ill the contract at which electric service is provided by Company; (2) such )carlo s
as may be added unde~ the provisions of the contract coverifig such sgrvlce; or (3) locations in territory for which Company
does ~ot have or cannot secure~ a dec arat on of public conven ence and access ty to serve, except that at tile option of
Company, the Municipality wi.Il be permitted to enter into a supplemental narc(meat with Cot~ ~an which wdl delet
provlsions under the caption ' Minimum Monthly Bill" herelnabove and sul~stitute in lleu thereof.'y ' e
/~Zinimum IMonthly Bill
The minimum monthly bill shall be an amount calculated under the rate herein for such number of kilowatt.hours
as are equal to 150 times the connected load whether or not such number of kilowatt-hours are delivered lay Company
to Mun'c'pal'ty <luring he month. In determ'h' g he k'lowatt-hours to be so b lied. tile following for uula will
be used:
Connected Load (bp) X '/4~; X 150
3. Company, where necessary~ will supply and maintain at each location required for the water pumping system and/or
sewage disposal system of Municipality, tile complete transformation equipment that is necessaly in order to make one
transformation to a standard voltage, required by Municipality, from the voltage of such available distribution llne as the
Company deems adequate and suitahl.e to serve the required cap'~clty. Nbt more than one such transformation to one
voltage will be installed at Comr~any s expense at any slnele location of Municlpalit~ provided, however, that when
the voltage required on the load side of the power transformation is approximately 460 or 230 volts and Municipality
requires approximately 115 volts 2-wlre (or 115-230 volts 3-wire) for lighting purposes, Company. at the same location.
will supply the transformation to obtain such lighting voltage.
4. Service at each location required by Municipality shall be furnished thro0gb one meter, except that~ at the option
Company, service may be furnished through not more than one meter for the lighting service and one n~eter lot the power
service whey. service is metered at 460 volts or less.
5. A 1 Wlrin¢' ,~ole i nee w re:; and o her eec r ca equ pmen and apparatus located beyold each point of connection of
.Munzc~pahty's service, hues w~th the hues of Company shall be con,stirred the dlstr~bu.on system of. Mun~czpaltt) ~nd
shall be furnished, owned, and maintained by Municipality, except in the case of ~lctering,equlpment and other
equipment incidental to the rendering of service, if any, that is furnished, owned and maintained by Company and
installed beyond each said point of connection.
6. In case fire or other casualty shell ren~ er a part of the equipment of I~Iunlc pa y temporarily incapa,ble ofuse sure portton
of the mi ~ mum charge as apl}lies to t e equlpmen ncapahle of being used shall, commencing w~th the first full billing
month thereafter, be suspended untli t ~e beg n ng of ae b ng month in which said equipment shall have been rest6red
to service hy Mun c pa y, bu: Municipality shall be llable for ~tl electric energy act~ally used by sa d equipment during
such period and shall be billed d~erefor on the basis of the energy rate prey c ed for herein.
issued April 2, 1958 Issued by Effective April 10,
D. P. P~.RDEI:, Executive Vice President
~8-131 page 6
~ - 2 E,P. M,~mrs 6. B.P,
and
WHEEEAS, all acts, conditions and things precedent to the
execution by the TOWN OF CAt~EL of the contract
hereinbefore set forth have happened and been properly done in
regular and due formas required by law.
NOW, TH~BEFOBE, Be It Ordained bY the BOARD OF TRUST~i~S of
the TOWN OF CARMEL in Hamilton
County, Indiana~
as follows~ to-wit:
1. That the TOWN OF CARMEL do make and enter into
the aforesaid contract with the PUBLIC SERVICE COMPANY OF INDIANA, INC.
for electric energy for power and light for operating a municipal
water pumping and sewage disposal system, and that the 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 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 con-
tract isexecuted either by the President or a majority ef the BOARD OF
TRUSTEES, and attested by the Clerk-Treasurer, and is duly executed by
the PUBLIC SERVICE COMPANY OF INDIANA, INC., it shall be in full force
and effect.
2. This ordinance shall be in full force and effect from and
after its passage.
Passed, approved and signed this ~O~ day of
President of BOARD OF TRUSTEES
Town of Carmel, Indiana
ATTEST:
Clerk -Treasurer
~8-115
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(
This ,-<..,linance in full force 'and effectf rom and.. her i'passage
and publication as required by law.
Passed and adopted by the Board of Trustees of Carmel, rnctiana in
speCial session this 7 th day of December, 1960.
"---. .....
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"
O. M. BUCKLES
LEO C. PFOlENHAUER
1HCMAS D. WIlSON
FRANK APPLEGATE
E. K. HINSHAW'
Attest:
BOAR D OF TItUS :ruES
CARMEL, INN ANA
MNl:THA FERRIN
CLBRK- 'IREASlRER
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~,
THE TOWN OF CARMEL
CARMEL -:- INDIANA
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
Marvie Myers, being first duly sworn, upon his
oath deposes snd says:
That he is the duly appointed, qualified and
acting Marshal of the Town of Carmel; that he did,
on the 15th day of December, 1959, deliver to each
member of the Board of Trustees of said Town, or
leave at the residence of such members as he was
unable to serve personally, a copy of the attached
notice of the special meeting of the Board of
Trustees of said Town.
To wn~Ia r shal
of
Subscribed and sworn to before me this 15th day
December, 1959.
Clerk-Treasurer
My term expires:
Dec. 31, 1959 _
To the ~
~.~embers of t~.~e Board of
of the Town of Carmel: Trustees
You are n~reby notified that a Special meeting of
the Board of TrUstees of the Town of Carmel Will be held
in the auditorium of the Carmel Grade School, Carmel, Indiana,
on the 21st day of December 1~,
' , ~ at the hour of 7:00 P.M.
(CST) for the purpose of-oldm~ a public hearing on the mattem
h ·
of -~ ~
~a~e~ and charges for service to be rendered by the Sewage
works to be constructed by the Town and taking final action
on an ordinance establishing SUch rates and chamges.
Dated this 14th day of December, 1959.
E. ~. Hinshaw
~re.stdent Board of Trustees