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HomeMy WebLinkAboutRESO 33-02 COPCO - Electric Service Contract . (, ",i RESOLtJ'l' ION YlHEREAS, the California Oregon POVl()r Company has submitted to the City of Ashland an offer and recommen~ation as folIous: CONTRACT FOR ELT>C"'PI(' SFRVIrE. - - 'nus AGREE!.tFr;T~_ made th1s day of' II) by am .", - ._~ -~- bety;een THE CALIFOinJf~ OREGOn PWPR CmJi>,,\.l'Y, a Cnl1fot'nia ('ot'porat1on, hereinafter called th0 Compol'ly,ana the CITY OF .Af\v.T.Atn:-, (lP1:'(;m1, 9 municipal corporation, hereinafter called the ritv. \'!ITllF.!'81!.'1'lh That for. lll'll'l in' considerat!t'ln of the promises anA the mutual covenants and promises herein cor.talnad. to be k0~t an~ PP.t'- formed by each of' the parties heT'ato. the said pat'Ues do a~e as follOl'lIH 1. The City a~raes to purchase from the Company. and the rcmpany aFrees to sell and deliver to the City. continuously n~ ~or (l t\'1enty-four (24) hour Iilervice. such quantity or Q!lll"'l1'1t of el~ct,..1c - I . onergy at the substation of the rempal"y on l'Tev1;lda ..treet 1. n Elaid City of ^shland, Oregon. os may be necessary to ~otinfv and fUlfill all of the demands of the City for its use ~nd sale in exeens of t~a quantity of electric energy p.enaratod by the hyllro-eleot'r1c 'POWEll' plant of soid City on Ashland rreek. of a capa~itv of epnrox1~atelv 300 tro; and the City agrees to pay therefor at the fnllouina 'rat.en and prices, to-\'11t: FrlERGY CHr.i10E The First 50.000 Tho Next 50,000 All averIOO.OOO Kllouatt HourA tt 0 " " per ~rnth 0. 9.0 mills n n ~ 9.0 n " " @ 7.5 n pn!' F."l.H. n n " " Provided thot 1n Q~ month tho mnnt~ly lond factor of the Com~any'apO\'1er deliveries to the City ooucls or exceeds 50 per cent. ther. 1n that month the pouer delivered shall be at. the f'ollcu1nll rates = . . , The first 50.000 XilO\'1ott Hours per month P 9.0 lnills per ~. Allover 50.000 " " " " @ 7.5 n n n . ';' I ,- . r.!lNltlUll CHJ\RGFS 'I'M anmUll mInimum charP.a hereunder sho'll b0 tho summat'tJn of the monthly rea!timum demands. expressed 1 n kilowattl'1. U1!'es $1.00 pOl' kilowatt, but not less 1n any event than ^a,ooo per annum, payable at the rnte of r!ot lesa than f\400 monthly. Artf adjustmento in bUUfli'1 to be moele at the end of each COl3tt'sct year. DEr.1ArlD The mWtimum demand in any month wUl be the over~e kilOwatts delivered in the fifteen minute interval 1n which the consump- tion of electrio ener~ is greater thon in any other fifteen minute interval in the month. LOJ\D FACTOR _ The 10no factor in any montb ahall be the ratio of the overage load or demand inkllowatte of the rompany's 'PewSI' deliveries to the mWtimum demand 1n kilowatts as nhove defined. 111. It ie the intention of the contractinA' DorMen to mutue,l1v undertaka and cooperate in n sales and rnerchandis1n/:j' effort to sell more kilooatt h~rs in lIahlanc"1 by means of the sale of 100.6 rond- . tng appliances am said contracting parties herehy G~e 110 to do. 2. All electric energy delivered h" the Company to tbe cony at said substation shall he metered by ens or more suitable meters installed therein for such oorpose by the Oompany, al'lil if the rity shall GO deoire it shall have the priVilege of lnBiallin~ an additional mate~ or meters at said SUbstation, and maintain the sme at iis own e:npense for the purpose of meorilurin(.l: and ehecl:inR the meter measurerr.ents of tho Com~any. An officer, agent, or employee of the Company and an officer. agent, or employee of the City appointed for the purpone shall meet at the-said eubstation on the f1rst day of eoeh-nnd ev~~ mQnth during the partod of this contract, and then and there read the respective rr.~ters herein pY'ovidO~ for. If' there shall be a material difference between the rr.eter registers of the parties hereto (~rovided the City sholl Inatall n mete~ or meters), then said meter shall lwmediatelv he tested anti upon such test the readi~ of that l1'eter fOUl'll! to CO!TeC~ Iv resister shall be accepted. If both meters sholl UPN! sueh test. be found to incot'l'0ctly register. then the amount, of' the eleoM'ie \'" e r el'lSrsY fOll" the previous month shall be mutuaUy ng!'Ged upt\n. ot' 6ete~ine6 by three eleotrical oxperts. one to be sf'lacted by the Comp~~ one by the City. and the said experts 00 selected to-select a third, and the decision of the ma30rity of Bai~ experta shall be find binding on. the parties hereto. 3. All of the electric 0nergy to be 6elivere6 by the Comptlft7 at ita substation as aforesaid to the City shall be delivered only by whet is commonly !mOwn as 4000 volts Stal' or Y connected; thl'ee phase, aixty oycle, aUst>nQUng currant. 41. '1'b:l City shall, at the City's own riok and expense. rut'- niah. install and keep in Sootl and safe condiUon all electMc Unss. machinery and appnratua which may be required for receivint.! eleotr'c energy fl'O!n the COmpany at the point ot del1very, and for apply!nr;t and utilizing such energy, and '11111 indemnify tbeCcmpany against any an6 011 lose, damage and liability, including ltabiHty to third pElraone, occaoione6 or caused by any defect in the eondition 01' eonstl'Uction of ouch lines, maChinery or o:PPllro.tus, or Q!1Y part thereof, or by !'Gason of any negligence on the part of the City in installinG. maintaining, using or ope~atih~Erltch lines. machinery or apparatuso 5. No liability E1he.l1 attaCh to the Company 1'01" ony 1'ailure to deliver eleetrie energy he!'Gunder, due to acts of Clod, 01.' any other causea whatsoever except its O\7n voluntat'y' net 01" the neglect to ElXe:reio 0 reasonable care and C1iligence in the pet-fomance of the covenants herein contained. Q.nd the Company shall hn'l7l'l t.he right to euspend temporarily the delivery of electric energy bere- under for the purpose of making repairs or improvements in its system. , 6. Upon determining the amount of electric enargy -del1vEll"9d to the City during any and every month as aforesaill. the City hereby ~ee to pay to the Company in cash at thl:! orf10e of the f1seI!lrdeY' , . ( of the City. on or before the fiftAenthday of ea~h and every month, the amount Vlhich may be fount! to bQ due fot' tbe JlrevtouB month. '1. turing the life of this 3f1!'E1ement the Ccmnany herel'ly agrees not to sell electric enorgy to any eonsume~ within the limits of the City of Mhlant! other than the City, v,fthout t,he conSElnt of the City ~ nor otherwise enter irto 6ompeUt1on with it. and the City. on ita part, agress for oucb periOd not to purChase electric energy from any person, firm O~ co~~oration. other than the Company for any purpose, and furtber ll!"'Oes not to e%tend its lines for the eervi,ce of' electric energy to- third pal"ties beyond tM limite of the City of Ashland \'/bon sucb B<$rv1ce may ina~ manner Interfere or be in oompetition oith the serv1ne of tho Company in sucb outside territory, but tbis prc)vision nhall ,-- not be oonstrued as preventing the City fr~ generat1r~ electricity at its generatins plant on Ashland Creek. 8. The City's Hydro-eleotric plant on'lIshland Omek as of present capacity ~ay be oporated in multiple with the Cem~anyls system; provided that when so operated, the pooer factor of tbe load taken by the City's plants shall-be adjusted in n~eo~ance \'lith the despatching.inetructions of the Com~any, and pr~i6ed. further,!-hat the Company shall not reqUire the City to opet"ote ita said plant at a power fact.or below eighty -per cent, 9. The Company agrees to allow thE> Citv to S6I1"VEl eustemers from the Company's distribUting l1net'l on !levaes stroet, l'ouflt.etn . ~ Avenue and- the Eoulevar81 the City to furnish and own all tt'ons- formers, aervice leaCle. and meters used il'l connec.tion with El\lch service. The sum of the readings of these meters shall be added to the readings of the substation lI'eters of the Company 1n deter- mining the total electric energy taken and to he paid for by t~e City. '10. 'This contract shall be in force during the psriod of throe years from and after November 1, 1933, and thereofter until terminated by ninety days written notice of one party to the other j . . of their intention to cancel AllllleJ except. Mll:lt if durin/? the life of this contract, the City requests and the Company consente to themutunl establishment of II merchandiain~ store in Ashla~ to better accomplish the salea reSUlts, then 1n that eVQ~t the life of this contracts~IilU automa,tically be ey.te~edfrom tht'0o vellt"S to five yenrs~ 11~ This contract ahall bt all times be SUbject to such change or modifications by the Publio Utilities Commlsoione~ of the State of Oregon as Goid Commieaiener may, from time to tiwe. oireet in the 0zsroise of its jurisdiction. 12, 1\11 prev10ue cOl1'munications between the parties hereto, either verbal or VJt'itten, with reference to the subjoct matte!" of this oontractare hereby abrogo.ted, and this cont.ract, duly accepted ana approved, constitutes the agreement between the parties hereto, and no mod1ficntions (If tMs o~ernent shall be - - binding upon the parties hereto or either of them unless such modifications shall b0 in v~1t1ng. duly acoepted bv the City one executed by an executive officer of the Company. IN WITNESS TJHEREOF. the r.ity hoe caused these 'P!'esento to be executed by iteMnyor aml Recordsr by !'eol')luMon of the Common Council duly Eluthorizing tho some, am! the ComPD1W has oaused these p!'esents to b0 executed by its President OJ" Vic~-Praetde"t ar:tl Secretol'1 by resolution of He Board of Directorl'l flulv author- izing the earne. interchangeably 1 n dupUeate, the day and ~1lJ' first herein writteno . EXECUTED I H PnESEtJCE OF: , (:ITV' OF JlC:f1t."ND BY ~~.- ~eeordel' .- OR'r.'OC'll~ l'~ r-CYWAWY APPROVED BY v'!ca-l'T'eslillont--- -- - BY_ !'leereta'lY-- , t , ~ . . '- ACCEPTANCE NOW \'9HEflEAS D the above offer has been t'eoommer.8ed - !ltld approved by the Electric lieht Committee of' the Common Couneil, now therefore p be it resolved by the Mayor ar:d Common Council that said agreement be accepted with the Callf~~1n Oregon Power Company, effective as of November ll!l't, ,.-':1933.-_ -- - The fONgoing Resolution was ndopted - at Q meat1ng of the Mayo!' end COlmllOn Council of the City of AShland. held on the day Qf November. 1935. Approved: Nol1'ember , 1933. - MQ?OI>~ To all. of which I hereby ceI>ti~. 1:2~- C/ ReCOrder. - -"