HomeMy WebLinkAboutApproving an Agreement between City of South Bend and Indiana & Michigan Electric Co. to Provide and Mainstain a Street Lighting SystemORDINANCE No. 43 29 - - -60
Passed by the Common Council of the City of South Bend,
AUGUST 8,
Clerk
Of Common Council
Acting
Presented by me to th�Mayor of the City of South Bend,
AUGUST 9,
Approved and signed by me AUGUST 9,
Clerk
11
-dM07
ORDINANCE N0. -3 1? /?_ fi e
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN
THE CITY OF SOUTH BEND, INDIANA AND
INDIANA & MICHIGAN ELECTRIC COMPANY
WHEREAS, heretofore on the .9 5 rA day of
1960, the City of South Bend, Indiana, by
and through its Board of Public Works and Safety, pur-
suant to a resolution duly adopted, made and entered
into the following agreement with the Indiana & Michigan
Electric Company, its successors and assigns, to -wit:
THIS AGREEMENT entered into this 1st day of
August , 1960, by and between INDIANA & MICHIGAN ELECTRIC
COMPANY, hereinafter called the "Company ", and BOARD OF PUBLIC
WORKS AND SAFETY OF SOUTH BEND, INDIANA, hereinafter called the
I�Customer",
W I T N E S S E T H
For and in consideration of the mutual covenants
and agreements hereinafter contained, the parties hereto agree
with each other as follows:
1. Company agrees to provide and maintain a street
lighting system for the Customer, consisting of the following
number, size and type of lamps, viz:
A. NUMBER AND TYPE OF LAMPS NOW INSTALLED ON EXISTING FACILITIES:
Number
of Lamps
W
30
87
650
2341
71
101
48
365
135
54
99
733
167
Size
15,000 Lumen
10,000 Lumen
6,000 Lumen
41000 Lumen
2,500 Lumen
1,000 Lumen
15,000 Lumen
Incandescent
Incandescent
Incandescent
Incandescent
Incandescent
Incandescent
Incandescent
10,000 Lumen Incandescent
6,000 Lumen Incandescent
4,000 Lumen Incandescent
2,500 Lumen Incandescent
1,000 Lumen Incandescent
40,$00 Lumen Fluorescent
Type
Overhead -All night service
Overhead -All night service
Overhead -All night service
Overhead -All night service
Overhead -All night service
Overhead -All night service
White -Way (U. G.) All night
service
White -Way (U.G.) All night
service
White -Way (U.G.) All night
service
White -Way (U.G.) All night
service
White -Way (U.G.) All night
service
White -Way (U.G.) All night
service
White -Way (U.G.) All night
service
NUMBER AND TYPE OF LAMPS TO BE INSTALLED AND THEREUPON
CLASSIFIED AS ON EXISTING FACILITIES:
Number
of Lamps
.•
Size
40,800 Lumen Fluorescent
Type
White -Way (U.G.) All night
service
together with electrical energy through a general system of
distribution, sufficient to operate said all night lamps
continuously from one -half hour after sunset until one -half hour
before sunrise, every night and all night, approximately 4,000
hours per annum during the term of years hereinafter set forth.
Said lamps shall be so maintained and operated that they will
give the maximum amount of illumination obtainable under
commercial conditions.
The number of lamps reflected in Paragraph A of this
Paragraph 1 of 15,000 Lumen Incandescent White -Way (U.G.) All
night service and the number of 10,000 Lumen Incandescent White -
Way (U.G.) All night service shall be reduced by twelve (12)
and fifty -seven (57) respectively upon installation of the
sixty -nine (69) lamps of 40,800 Lumen Fluorescent White -Way
(U.G.) All night service under Paragraph B of this Paragraph 1,
as the latter is set forth in Appendix A.
2. It is further agreed that the location of the
minimum number of lamps contracted for as specified in Paragraph 1
above shall be those existing on the 5th day of July , 1960,
plus those authorized by the Customer prior to the date hereof,
within the corporate limits of the City of South Bend, Indiana,
(See Appendix B -Map) with the exception of such changes as are
provided for in Paragraphs 5 and 7 hereinafter.
3. All material furnished by the Company shall remain
the property of the Company and may be removed at the termination
of this contract, if the Company so desires.
4. Company shall keep each and every lamp contracted for
in operation during the time provided and the Customer may make de-
duction for failure to operate any one or more of said lamps in
the following manner:
For all outages which shall be reported daily in writing
to the Company by the proper officers of the Customer, the
Customer may deduct from the total monthly amount which would
have been paid for any lamps had no outage occurred, a sum
bearing the ratio to such total as the period of outage bears
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to the total time the lamps should have been lighted in any month;
provided, however, that should the lighting of any lamp or lamps
be stopped by unavoidable accident, the Company shall be allowed
twenty -four hours after notice of the outage in which to again
light such lamp or lamps without being liable to deduction as
above provided.
5. It isfurther agreed that lamps shall be moved by
the Company to such new locations as the proper officer of the
Customer may by writing direct, subject, however, to the
following conditions:
Such moving of lamps shall be completed within ten (10)
days after receipt by the Company of written notice from such
proper officer of the Customer, (Sundays, legal holidays and
stormy days not to be counted), provided that the number of
such removals shall not exceed one per day and provided, further,
that such removals of such lamps shall not be required on
Sundays, legal holidays, and stormy days. Notice that the removal
of such lamps has been completed shall be given by the Company
to the proper officer of the Customer within ten (10) days after
the completion of the work.
The actual cost to the Company of making such re-
locations shall be paid by the Customer to the Company within
thirty (30) days after such notice has been given.
6. The Customer agrees to accept the respective
services herein contracted for during the term hereof and to
pay therefor with reference to the lamps specified in Paragraph 1
above at the respective rates and prices set out in the accepted
bid, to wit:
15,000 Lumen Incandescent
109000 Lumen Incandescent
6,000 Lumen Incandescent
4,000 Lumen Incandescent
2,500 Lumen Incandescent
11000 Lumen_Incandescent
15,000 Lumen Incandescent
(U.G.) Lamps
10,000 Lumen Incandescent
(U.G.) Lamps
Overhead Lamps
Overhead Lamps
Overhead Lamps
Overhead Lamps
Overhead Lamps
Overhead Lamps
White -Way
White -Way
-3-
4.90
per
lamp
per
month
4.00
per
lamp
per
month
3.20
per
lamp
per
month
2.60
per
lamp
per
month
2.00
per
lamp
per
month
1.50
per
lamp
per
month
$5.40 per lamp per month
$4.50 per lamp per month
60000 Lumen Incandescent White -Way
(U.G.) Lamps
41000 Luman Incandescent White -Way
(U.G.) Lamps
2,500 Lumen Incandescent White -Way
(U.G.) Lamps
12000 Lumen Incandescent White -Way
(U.G.) Lamps
40,$00 Lumen Fluorescent White -Way
(U.G.) Lamps
$3.70
per
lamp
per
month
$3.10
per
lamp
per
month
$2.50
per
lamp
per
month
$2.00
per
lamp
per
month
$12.05
per
lamp
per
month
Upon receipt of written order of the Customer therefor,
the Company will increase the lamp size in any foregoing
existing fixture (but no other) wherever (but only where) the
existing fixture and size design so permits without entailing
any alteration of the facilities and the Company will charge
therefor, and the Customer will pay therefor, the particular
rate applicable for the size of lamp furnished in accordance
with the schedule as set forth immediately above.
Bills shall be due and payable on or before the 15th
day of the month succeeding that in which the service is rendered.
7. Upon receipt of a written order from a duly
authorized representative of the Customer, the Company agrees:
a. To install additional lamps and fixtures
served from the overhead distribution system
of the Company of the respective sizes and
types specified on the schedule attached and
marked for identification Tariff S.L. -N.
which is made a part hereof by reference
thereto; provided, however, that one additional
lamp shall be installed for each extension of
not more than three - hundred (300) feet from
the street lighting mains of the Company.
Whenever additional lamps are so ordered,
the minimum number of lamps to be furnished
throughout the remainder of the period
covered by this contract shall be increased
accordingly.
b. To remove any lamps and fixtures served
from its overhead distribution system and
replace with any fixtures and lamps of
greater lumen capacity reflected upon said
schedule attached and marked for identifi-
cation Tariff S.L. -N. If this occurs then
the minimum number of lamps specified in
Paragraph 1 above shall be deemed modified
and embrace such changes.
Payment for the service of the specific type of replaced
lamps and additional lamps and /or fixtures specified, if any,
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shall be payable on the date provided in Paragraph 6 above and
at the particular rate applicable for the given lamp and /or
fixture under the provisions of the schedule attached made a
part hereof and marked for identification Tariff S.L. -N.
Temporary lamps, if ordered, shall be furnished under special
contract.
8. The Company shall, at its own cost, furnish all
lamp renewals during the term of this contract.
9. This contract shall be and remain in full force
and effect for a period of ten (10) years from and after the
1st day of August, 1960, and thereafter in successive periods
of one year each, but not more than an overall term of twenty -
five years from the date of execution hereof, until either party
shall give at least sixty days notice in writing to the other of
its intention to discontinue the service at the end of any of
said periods. Upon the aforesaid effective date of this Agreement,
this Agreement shall cancel and supersede the Agreement
dated July 1, 1949 and July 16, 1959 between the City and the
Indiana & Michigan Electric Company, provided, however, that such
termination shall not relieve or release either of said
parties from any obligation or liability incurred under such
Agreements prior to such termination thereof. In no event shall
this Agreement cancel, supersede, or affect the Agreement between
the City and Indiana & Michigan Electric Company dated
April 15, 1957 relating to the supply of service therein referred
to, which latter agreement shall continue in effect according
to its terms.
10. If the Customer shall make default in the payment
of any bills as hereinbefore provided, the Company may at its
option, after having given ten (10) days written notice of its
intention so to do, discontinue the service herein contracted
for and continue to withhold the supply of electric energy for
street lighting until such time as the Customer has made payment
for all bills in which it is in arrears. Any such suspension of
-5-
service by the Company shall not terminate this contract unless
Company so elects. Otherwise, upon payment by the Customer of
the amount it is in arrears, the contract shall remain in full
force and effect for the period herein specified.
11. The customer agrees that during the life of this
contract it will provide in its annual budgets and estimates
sufficient funds to pay the Company any amounts due it.
12. All and singular the terms and conditions of this
contract shall be binding upon and inure to the benefit of the
parties hereto, their respective successors and /or assigns.
IN WITNESS WHEREOF, the parties hereto have caused
these presents to be executed in duplicate by their duly
authorized officers on this the day and year first above written.
ATTEST:
/s/ E. A. Luhman
Assistant Secretary
ATTEST:
INDIANA & MICHIGAN ELECTRIC COMPANY
By /s/ R. E. Doyle, Jr.
Vice President and General Manager
CITY OF SOUTH BEND, INDIANA
Bye /� �5 alai �r
By
ByZ6ZZ .T .Sort ,-7A
0 RD OF PUBLIC WORKS AND SAFETY
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