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HomeMy WebLinkAboutOrdinances Book 10, Page 769, No Resolution Number769 A RE3OLUTICId AUTiORIZIM', TTiE CITY 01' PADUCAH, BE AND THROUGH PI:RC:: LACIDEY, THE LAYOR, TO ETd'ER INTO A:ID EXECUTE i7ITH TF_E IC?IdTUCKY UTILITIES COi`.P„ TTY A PO',., -,-R 3ERVICD AGTMI,-IaidT PROVIDTIM, FOR THE SALE AIdD DELIVERY 02 ELECTRIC E'iIERGY TO `1"HE CITY OF PADUCA'-_ FOR OP'ZRATIOid OF :.AMR PUI,TPING 3TATIO),rS I=' COI.'.,';CTI OT? G'ITH TL'Ts' i-__.; :, ;CE OF T37.3 FLOOD PRO'T'ECTION .OR: S _ oil, c: -:E OI' PROPERTY ITT THE CI`T'Y 0_' r't,DUC,AH, As?D PRESC P':Ild(1 T:iE TE ;L:3 A:, -D COITDITIO:TS TO DE CO ITA _:13D .Is .;AID AOREE:11 ;T 7HE:IEA3, it is necessary for the City of Taducah to purchase electric oncrEy for operation or pu,spinU stations in conne Ition :rith the maintenance of a system of flood protection works, an the �:entucky Utilities Company, (hereinafter referred to as the IConpany) I,as a3reed to make such electric energy available for that purpose; :iOV,I, TiMEIOTIE, E IT :.'::'SOLVED 13-.0 THE_OARD O COT:III:337IOT1.RS OF THZ CITY 0 P„DJCAH, __ETITUCPY: That the City of Paducah, by and throuTh Pierce E. Lackey, its Iayor, enter into and execute with the Kentucky Utilities Comna a poser service a7reement contain'in the followinC terms, condition and covenants:- "T0';7, iE IE ORL, for and in consideration of the mutual prom- ises and undertaking*, hereinafter contained, the parties hereto are as £ollot:"s: "SECTION 1: Company.aF�rees to matte necessary* changes, rearran dements or additions to its distribution system, in order to make available and supply to City Electric enerS, at the folio:°rinT local and in the amount indicated opposite each location. These chances ai rearrangements to distribution system have been a, -reed to in a cont: between Company and "united States of America. Estimated Ilotors Total Full Pump Station Location Connected Load '_Io. 1 Idorthv:es t Corner of Noble Pari: 2 - 100 IL. P. 170 TTo. 2 Eetwcen Terrell and Flournoy 2 - 450 FI. F. 2310 Streets, Iforth of 6th Street 2 - 300 H.F. 1- �0 ".P 1 - 20 ill. P. No. 3 etween 5th and 6th StreoL-s 2 - 25 H. r 38 ITorth of Park Avenue 1 - 5 II. P. Ido. 4 PTear Intersection of Clay and 3d Streets 2 - 50 h.„ 85 No. 5 *dear Inters^etion of Harrison 2 - 150 r.p. 335 and 3d ,�trcots 1 - 75 H.P. 1 - 20 II. P. To. G Detween lot ane: 2d Streets 3 - 250 :I.1-. 772 1 - 150 ii. P. 1 — 10 FI.T'. t 770 No. 7 Near Intersection of 2d and 1 - 100 H.P. 140 Tennessee Streets 1 - 50 H.P. 1 - 15 H.P. No. 6 North of 3d Street between 2 - 3 N.P. 1.7 Husbands and Caldwell Otr-eis Extended I No. 9 North of 3d Street, Last of Husbands Street, Extended Io. 10 North of Ceor�e Street, Extended and .!est of Elizabeth Street No. 11 At Island Creel:: orth of P:eyers Street Iio. 12 ?ortheast o= Intersection of I.:illiken ^rive and Rudd Street 2 - 40 H. P. 60 2 - 10 Ii. P. 17 3 - 300 1I.P. 764 2 - 50 II. P. 85 "Comnany agrees to deliver electric energy to City at each 'of li the above locations at a nominal voltage of 7200 volts, 3 phase, I 60 cycles, _;teat that delivery to pump plant ;:o. n shall be 240 voI Its, 3 phase, 60 cycles. All transformers, switches, arresters, disconnects, or other facilities required to convert from service voltateto utilization voltage shall be installed by the Government and operated and maintained by City. "SECTIO;: 2: City ar_roes to take all of its electric requi,,e- I ! ments from Company for the operation of these numping stations and pay for electrical energy in accordance with the rat as set out In Section 5 herein. "S CTION 3: The anticipated infrequent operation of these pumping stations may not justify installation of mete'rin�_- eouipm_nt by Company at all locations, and therefore Company reserves the rijnt to determine the amount of electrical energy in kilowatt-hours used i by pumping stations, either by installation of suitable metering equipment or calculatin:r- the kilowatt-hours by multiplying the size! of the pumpin- station load by the hours operation of the load, I ta''".ing into account effeciencies, characteristics of the load, and other necessary information. The (kilowatt-hours so determined "rili be the number to be used for billing purposes by Company to City. "SECTIOtd 4: I.ietering: All metering equipment has been instal- led by the United States and shall remain the property of the Ur_ited States and/or the City. The Comnany shall, at its cost, service an('; maintain such metering equipment at the hi, -hest degree of accu= racy practicable. "Company will test the metering equipment at intervals in ! accordance with the rules of the Public Service Commission of Iientuc'.:y, '•I and if inaccuracy of any of the ::retering equipment exists, upon test, I thon adjustr:ient in the readings will be made in accordance with the' ilules of the Public .service Commission of Kentucky on this subject.' M "'Che electricity delivered to City for the operation of these pump stations shall be deterrnined on or about the last day of each month and City may have a representative present to check and exam said meter readinCs or calculations used in determininZ the kilowatt-hours. ":cCTIOD; 5: As soon as practicable after the first of each jmonth the Company shall render to City a 'hill for all electric e delivered to these locations, listed in Cect;on 1 above, durin;- the precedin5 month, said bill to be determined accordin- to the follow schedule of rates and clauses, and City shall pay such bill within twenty days after date thereof. (a) Rate: First 10,000 I::.7rs. each month 2.0r per L";TrI Excess of 10,000 c. each month 1.5g per fl7H (b) Fuel Clause: "It is understood and aCreed t?_at in case the average cost of coal delivered in storage bins of the Company at its base load generating station for the territory served, incluc:in.- f^eight, j 771 C switchirZ and car service charCec consumed at said Eenerat:in5 plant; .. I exceeds `!'r:o Dollars (1;,2.00)per ton for any month, there may be added for each such month to all net bills, basEd on the above Energy Cha�°`e an addition sum equal to one one -thousandth (1/1000) of one cent (le) per kilowatt-hour for each one cent (lye) increase in the said cost of coal above `i': -,,o Dollars (; 2.00) per ton. "It is also understood and agreed that in case the said avera� cost of coal so consumed for any month shall be less than One Dolla and 2ifty Cents (;1.50) per ton, then the Company shall, in computing the char_=e for electric energy delivered in such month, credit to CI'ty a sum equal to one one -thousandth (1/1000) of one cent (1�) per kilowatt-hour fpr each one cent (1y) decrease 7n the :.aid cost of coal below One Dollar and Fifty Cents (:,;:1.50) per ton. "The Company shall include with the monthly bill for EnerCy Charges the cha'rCcs or credits due, if any, for such month under thg terms of this clause, and City shall pay such charges or shall receive such credits within ten (10) days after date of the bill; and such I I charges or credits shall be net, :,earin� no discount. (c) Tax Clause: It is understood that the rates provided a o`re include no allowance for any new Federal or State tax which may be ir;ooced subsequent to January 1, 1942, on the :e.neration, transr___,si on, or sale of electrical enerCy on a :cilo'natt-hotLr basis, or which mayl be imposed on gross revenues of the Company ci; rived _'rom rendition b;' porter service to City. It is aCreed that, in the event of the inno::_c_en of any Federal or. --'Late tax 772 jon the generation of electrical energy subsequent to January 1, 1942, 1 !Company shall have the right to increase the energy charges, li as provided in the rate above, in an amount equivalent to the amount ,,of such tax collected on the basis of the total number of kilovratt- i i hours supplied to City subsequent to the effective date of such tax; and 'I l in the event of the imposition of any neerilederal or State tax on tt�- Itransmission or sale of electrical energy on tixe 'cilowatt-hour basis or P, ii on the rocs revenues of Company derived from rendition of po,.er service to City, the Company shall have the ri-lit to increase the rates for ;,service, as provided above, in an ariount equivalent to the total arao.int of such'nei; '.;ilowatt-hour tales on the transmission or sale of ;electrical energy or on Cross revenues of Company derived from rendition of power service su_,flied to r..ity subsequent to effective date of. such nae! taxes. "S CTIOTI 6: Liability: _,either party lr.reto will he liable for any loss or injury to the other or to any third person, companyPI or corporation not occurring, on its own lines or facilities, except; when such loss or injury is caused by its own negligence, and each psrty s1 --all and does hereby indemnify Che other against liability i loss or expense on account of any injury or damage suffered by any (third person, company or corporation on its lines or facilities :`th the exception above noted. C1'IC7 7: Continuous ;service: Company will exercise reasonable dili;ence and care to avoid interruptions of delivery or; -)ower and energy hereunder, but will not be liable to City for any i less or damage on account of non-delivery of all or any portion of 'he i rower and energy hereunder contracted for, not caused by the wilful, act or the failure to use reasonable diligence on the part of Company, its agents, servants, or employees, or for any reduction or :relay of said delivery caused by fires, floods, strilces, riots, edider:ics, acts of God or the public enemy, governriantal causes or other i causes beyond the reasonable control of Company. "3'3CTIOT? 3: Due to the anticipated infrequent operation of: );these pumping- stations, and in order to insure the best operation pupon short notice in cash of emer<ency, the City may desire to operate i the pumps periodically for test. Such test operations shall be at dries ('esi�-nated by the Local ',"anaZer of Company in order that normal loads on Company's electric Lines will be least disturbed. "City shall also advise Local I:lanager of Company when it is necessary or desirable to operate pumping loads continuously or intermittently during flood emergency, and upon advice by the Local Tanager of Company to City that it is necessary to limit the supply 773 of electrical energy to other existing customers in the City, in order to meet maximum demands required for flood pumping, City c✓illi Il pass such ordinance or give assistance and cooperation to Company to limit such supply as is necessary. "CECTI^I 9: This agreement :;hall become effective as of the date of this con�ract and shall continue for a period of one year, and thereafter automatically renewed .from year to year unless i cancelled by 130 dayst notice by either party to the other prior to the end of such nearly period, arovided, however, that should City install an electric distribution_ system of its own, or sell to another Company an electric franchise for the nurpose of d.istributd-n- I electric enerzy in the City, then Company may terminate 'this contra t upon six (6) month's ;;ritten notice. ".SECT 01-, 10: _y the execution of this aCreement the City does not vaive its option or any right oj� privilege acquired by it for purchase of the Company's electric utility system under the provisions of the electric franchise sold to said company on September 17th, 1940, and in the event the City shall become the purchaser of said properties, this Contract shall be null and void and neither party shall be bound by its teras. "In consideration and in witness whereof the parties have executed this contract; Company executing sarie by and through its duly authorized corporate Officials, and City executin- sante by authority of its 1.'ayor and Poard of Commissioners after having approved at a re,.ular rneetin„r of said Eoard, or at an adjourned moetin, of a regular meeting, thereof; the act of the City being attested by the City Clerk and the corporate seals of both parties having been affixed thereto.” SEC TT071 2. This resolution shall be in full force and effect from and after its adoption. mayo Passed by the coard of Commissioners, Jily 14th, 1942 Recorded by Rudy 3tez,Iart, City Clerk, July 15th, 1942. rim. I .".