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HomeMy WebLinkAboutApproving a Contract between City of South Bend and Indiana & Michigan Electric Co.ORDINANCE No. 5711 Passed by the Common Council of the City of South Bend, Pl • 9 Presented by me to the Mayor of the City of South Bend, Approved and signed by Clerk of Common Council '400-7 U . Clerk r ORDINANCE NO. ..i? 71/ AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF SOUTH BEND, INDIANA, AND INDIANA & MICHIGAN ELECTRIC COMPANY. WHEREAS, heretofore on the 1st day of July, 1949, the City of South Bend, Indiana, by and through its Board of Public Works and Safety, pursuant to a resolution duly adopted, made and entered into the fol- lowing contract with Indiana & Michigan Electric Company, its successors and assigns, to wit: Ost a W RMIN6 7-11- j CMMEE OF THE WhU PU£i10 HEARN -�L 9 /9 WT A�+►rtOYEP ' WFUM PAW %a s, 9 �; THIS AGREEMENT entered into this first day of July 1949, by and between INDIANA & MICHIGAN ELECTRIC COMPANY, hereafter called the Contractor, and BOARD OF PUBLIC WORKS AND SAFETY of South Bend, Indiana, hereafter called the City, 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. Contractor agrees,to provide and maintain a street lighting system for the City 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 zize TvAe 15 10,000 Lumen Overhead- All night service 48 6,000 Lumen Overhead - All night service 869 43,000 Lumen Overhead - All night service 40 2,500 Lumen Overhead - All night service 167 1,000 Lumen Overhead - All night service 37 6,000 Lumen White -Way (U.G.) All night service 46 4,000 Lumen White -Way (U,G.) All night service 107 2,500 Lumen White -Way (U.G.) All night service 799 13000 Liumen White -Way (U.G.) All night service B.' Ni1MBER AND TYPE OF LAMPS TO BE INSTALLED 196 15,000 Lumen White -Way (U.G.) All night service 359. 10,000 Lumen White -Way (U.G.) All night service 107 6,000 Lumen White -Way (U.G.) All night service 407 6,000 Lumen Overhead - All night service 221 4,000 Lumen Overhead - All night service together with electric energy through a general system of distri- bution, 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 43,000 hours per annum. Said lamps shall be so maintained and operated that they will give the maximum amount of illumination obtainable under commercial conditions.: It is understood and agreed by the parties hereto that I some time will necessarily elapse before the completion of install- ation of new lamps provided for in this agreement. Certain lamps, not specifically described herein, now in service will be continued in service hereunder, until they are replaced by lamps described In Paragraph 1B. 2. Contractor agrees to -install such additional lamps served from the overhead distribution system of respective sizes and types above specified as the City may, from time to time, require upon receipt of a written notice from a duly authorized representative of the City. Payment for the service of such additional lamps shall be at the rate hereinafter specifieds provided, however, that one additional lamp shall be installed for each extension of 300 feet from the street lighting mains of the City. Whenever additional lamps are so ordered, the minimum number of lamps to be furnished throughout the remainder of the period covered by this agreement shall be increased accordingly. Temporary lamps, if ordered, shall be furnished under special agreement. It is further agreed that the location of the minimum number of lamps contracted for shall be in accordance with locations shown on plans and specifications heretofore adopted by the Board of Public Works and Safety of said City on May 31, 1949. 3. All material furnished by the Contractor shall remain the property of the Contractor and may be removed at the termination of this agreement, if the Contractor so desires. 4. Contractor shall keep each and every lamp contracted for in operation during the time provided and the City may make deduction 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 Contractor by the proper officers of the City, the City may deduct from the total monthly amount which would have been paid for any lamp had no outage occurred a sum bearing the ratio to such total as the period of outage bears 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 Contractor shall be allowed twenty -four hours after notice by the City of the outage in which to again light such lamp or lamps without being liable to deduction as above provided.` 5.' It is further agreed that lamps, after having been installed in accordance with said plans and specifications, shall be moved by the Contractor to such new locations as the proper officer of the City may by writing direct, subject, however, to the following conditions: Such moving of lamps shall be completed within ten days after receipt by the Contractor of written notice from the proper officer of the City (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 Contractor to the proper officer of the City within ten days after the completion of the work. The actual cost to the Contractor of making such reloca- tions shall be paid by the City to the Contractor within thirty days after such notice has been given: 6. The City agrees to accept the service herein contracted for during the term hereof and to pay therefor at the rate and price set out in the accepted bid, to wit: 10,000 Lumen Overhead Lamps 60000 Lumen Overhead Lamps 4,000 Lumen Overhead Lamps 2,500 Lumen Overhead Lamps 1,500 Lumen Overhead Lamps 15,000 Lumen White -Way (U.G.) Lamps 10,000 Lumen White Way (U.G.) Lamps 6,000 Lumen White Way (U.G.) Lamps 4,000 Lumen White -Way (U.G.) Lamps 23,500 Lumen White -Way (U.G.) Lamps 1,000 Lumen White Way (U,G.) Lamps -3- - $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 - 5.70 per lamp per month - 5.10 per lamp per month - 2.:50 per lamp per month - 2,00 per lamp per month Except as follows: All lamps of types and sizes provided for in that pertain agreement between the parties hereto, dated July 17, 1944, shall be billed at the rates and prices agreed to in the said agreement dated July 17, 1944 until ninety -five percent (95 %) of the new overhead lamps specified in Paragraph 1.:B above and seventy - five percent (75%) of the new underground lamps specified in paragraph 1.'B above, are placed in service, then from and after such date, and for the duration of this agreement, all lamps (specified in 1.A and 1.B above) then and thereafter in service, shall be paid for by the City at the rate and price therefor hereinabove specified.: Bills shall be due and payable on or before the fifteenth day of the month succeeding that in which the service is rendered.' The City agrees that in case any additional lamps are ordered it will pay for the same at the rates and in the manner above specified for and during the period from the date of the installation of such lamps until the termination of the agreement.:. 7. The Contractor shall, at its own cost, furnish all lamp renewals during the term of the agreement: 8.' This agreement shall be and remain in full force and effect for a period of ten (10) years from and after the first day of January 1950s, and thereafter in successive periods of one year each, 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: 9.' If the City shall make default in the payment of any bills as hereinbefore provided, the Contractor may at its option, after having given ten dayst 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 City has made payment for all bills in which it is in arrears. Ani such suspension of service by the Contractor shall not terminate this agreement unless Contractor so elects.'. Otherwise, upon payment by the City of the amount it is in arrears, MIM the agreement shall remain in full force and effect for the period herein specified.: 10. The City agrees that during the life of this agree- ment it will provide in its annual budgets and estimates sufficient funds to pay the Contractor any amounts due itthereunder: 11. All and singular the terms and conditions of this agreement shall be binding upon and inure to the benefit of the parties hereto, their respective successors and /or assigns.' IN WITNESS WHEREOF, the said City of South Bend, Indiana, has caused its corporate seal to be hereunto affixed and this agreement to be signed by the Board of Public Works and Safety of said City and attested by the Clerk thereof, and said Indiana & Michigan Electric Company has caused this agreement to be duly executed in triplicate, this day and year first above written.' (Corporate Seal) ATTEST: Al 0.' G.' Harry Asst.' Secretary INDIANA & MICHIGAN ELECTRIC COMPANY By lsl C. V.' Sorenson Vice President CITY OF SOUTH BEND, INDIANA --- lsl R. S. Andrysiak By (sL Frederick K, Baer By /sl Frank J. Bruaener (Seal) Board of Public Works and Safety ATTEST: lsl Freda G. Noble Clerk M] WHEREAS, said contract is now submitted to the Common Council of the City of South Bend, Indiana, for its due approval by ordinance; SECTION 1. BE IT THEREFORE AND IT IS HEREBY ORDAINED by the Common Council of the City of South Bead, Indiana that the foregoing contract made and entered into on the lst day of duly, 1949, between the City of South Bend, Indiana, by and through its Board of Public Works and Safety, and Indiana & Michigan Electric Company, its successors and assigns, be and the same is hereby in all things ratified, confirmed and approved. SECTION 2. This ordinance shall be in full force and effect from fy6r its pas cocoon Council Passed b`y the Common Council of the City' of South Bend, Indiana, this 25th day of duly, 1949. Maym uMont, Clerk, City of South Bend, Indiana APPROVED this 26th day July, 1949. George A. Schock Mayors City of South Bends Indiana Attest: Ma DuMont, City Clerk