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HomeMy Public PortalAbout11-19-1928 T Office of Board of Public Works - 20� City of Richmond, Indiana, Monday November 19th, 1928. The Board of Public Works of the City of Richmond, Indiana, met in regular session at the office of said Board Monday November 19th, 1928, at 9 o 'clock A.M. All the members of said Board,Messrs, Reid, McFall and Henley being present. The following proceedings were had, to-wit : .i The Board met to hear all persons interested or whose property is affected under Improvement Resolution No.881-1928, for the improve- ment of South 22nd Street, •by constructing cement sidewalks, C.& G. center parkway including curbs,grading & paving the roadway with one of the modern city pavements,to-wit : Sheet Asphalt , Rock Asphalt, Reinforced .Concrete or Bituminous Macadam; also planting of trees, from Reeveston Road to South "E" Street . After hearing all persons interested who appeared and no written remonstrance having been filed The Board ,deaide that the benefits to the property liable to be as- sessed forsaid improvements are equal to the cost of same as reported by the-City Civil Engineer and thereupon take action on said resolu- tion, the same being confirmed without modification. The Board met to hear remonstrances, of persons whose property is primarily assessed and damages awarded under Declaratory Resolution No. 223-1928, for the opening & extension of West Avenue; also the opening of Southwest "B" Street, from Easthaven Avenue to Gilbert Avenue. A remonstrance was filed signed by Mrs . Harriett F. Wright claiming damages in amount of $800.00, whereas, her property has been awarded nothing for the ground taken. . The Board decide tha.t as the School City has given the major part of the ground for said openings, Mrs. Wright 's, remonstrance was on motion overruled, and the Board unanimously approved a final assessment roll of benefits .assessed and •daanages awarded under said resolution as heretofore ap- proved, and now direct the same be forthwith transmitted to the De- partment of Finance. And said streets where declared widened, opened and extended as provided for under said resolution. The. Board received bids for the removal of city's collection of, garbage from the Crematory bins and the disposal of the same as follows, to-wit : " V. S. Wagner, bid; Indianapolis, Ind. , To remove garbage for period of one year - $560.00 per annum; II • " it is " " two years- 520.00 " " II II " " " " five years 480.00 " " " George Kircher, bid; To remove garbage from Crematory bins 1 year - $6-l-8. 50 per annum. The Board take all bids under advisement, for more information. The Board received communication from Metropolitan Police Commission- / - ers, requesting the Board to purchase six (6) bullet proof vests for Police Department, after a demonstration given, the Clerk was instructed to prepare an appropriation ordinance in sum of 3600.00 to purchase said bullet proof vests. • 206 Monday November 19th, 1928. Realest for light on Henley Road north of National Road was referred to Supet. , of Light Plant . The Clerk was instructed to prepare an ordinance for appro- priation out of light plant moneys in sum of '012, 000.00 to purchase new truck and- beautify west river bank, The following order from Public Service Commission was received, to-wit : State of Indiana Public Service Commission of Indiana - In the matter of joint petition of the Terre Haute, Indianapolis and Eastern Traction Company and the City of Richmond, Indiana, A Municipal Corporation, with respect to the purchase and sale of excess current generated by the City of Richmond in its Municipal Electric Lighting & Power Plant . (No.9545, App.Nov.9, 1928) Electric Utility - Excess Current Sale. Contract entered into between the petitioners in this cause for the sale and purchase of excess electric current was approved for a limited period of one year. Appearances : - For th-e City of Richmond, Indiana, - WaIter V. Reid Fred Bates - Clarence M. Brown Dan Hess, Supt . of Municipal Lighting Plant . For Terre Haute, Indianapolis - and Eastern Traction Company - D. E. Watson H. Schlessinger. Harmon, Commissioner: On October 23, 1928, the joint petition of the Terre Haute, Indianapolis and Eastern Traction Company and the City of Richmond, Indiana, p, municipal corporation, both organized pu--rruatt to the laws of the State of. Indiana, filed their joint petition in which the petitioners asked that the Public Service Commission of Indiana approve a contract, which contract was a made a part of the petition, under the terms of which the City of Richmond, which operates a municipal electric light and power plant agreed to sell to the Terre Haute, Indian- apolis and Eastern Traction Company, and the latter company agreed to buy from the municipal plant of Richmond excess cur- rent of the municipal plant for a period of one year. Pursuant to proper notice, the matter was heard in the office of the Commission at 11 AM. October 26th, 1928, with the above named appearances. The proposed contract was offered and received in evi- dence, and states clearly the intention of the parties with respect to the contract . ( see next - age) Monday November 19th., 1928. 207 The evidence showed also that the traction company desired this service for a temporary period of one year, and that the City of Richmond, through its Board of Public Works, its Common Council, its Citizens Committee, and the people generally, was willing to enter into this temporary contract. The evidence further showed that the City of Richmond, in entering into this one year contract, desires that it will not be bound to continue to furnish this service under any circumstances beyond the period of one year named in the contract and this position of the City was made completely plain at the time of the hearing. The city officials stated furhter that if the enter- • ing into this temporary contract by the City would in any way bind the City to continuance after the temporary period, or tend to bind the City after the temporary period, the City was at this time un- willing to enter into said contract. - The evidence further showed • that the traction company desired to enter into this temporary con- tract well knowing that it would have no rights after this temporary period4of one year, and that the utility did not expect to insist upon any continuance of the service provided in this contract after the termination of the temporary period. The Commission, having considered the evidence, including the terms of the contract sought to be approved, finds that the contract should be approved by the Commission, and it will be so ordered. The Commission further finds that it is the clear intention of both parties that the City is to he bound to furnish the service covered by this contract, for ahperio d of not longer thatthat pro- vided in the contract, and that at the termination of said temporary period the City is to be freed to terminate said contract in each and all particulars. IT IS FURTHER ORDERED BY THE PUBLIC SERVICE CO.uMISSION OF INDIANA that the following contract .heretofore entered into between the Terre Haute, Indianapolis and Eastern Traction Com- pany and the City of Richmond, a municipal corporation of the State of Indiana, be and is hereby in all things approved. "THIS AGREEMENT entered into this day of ' 1928, between the CITY OF RICHMOND, INDIANA, through its Board of Public Works, FIRST PARTY, and the TERRE HAUTE, INDIANAPOLIS AND EASTERN TRACTION COMPANY, a public utility organized and doing business under the laws of the State of Indiana, with its general offices at Indianapolis, Indiana, SECOND PARTY, WITNESSETH:- "WHEREAS, the seconparty owns and operates the City street car service in Richmond, Indiana, and a traction line between Richmond, Indiana, and Terre Haute, Indiana, and has been for a period of years producing current in its plant at Richmond, Indiana, located south of the Main Street bridge and east of the Whitewater River; and, "WHEREAS, said plant ,now consisting of two engine driven units, has heretofore been sufficient to operate its said city street car service and the second party 's first substation west of Richmond, Indiana, known as the Jackson Park substation; and, WHEREAS, one of the units of said plant have recently become so damaged beyond reasonable repair as to be unable to furnish the sec- ond party the electrical energy needed by it; and, "WHEREAS, the said second party does not at present desire to re- place said generating capacity at its Richmond, Indiana., station be- cause of the contemplated merger with other utility corporations, sai merger now being pending before the Public Service Commission of Indiana; and, ( see next page) 208 Monday November 19th, 192g. "WHEREAS, said second party desires to purchase from the first party for a period of one year and no longer, certain electrical energy at a certain price as hereinafter defined; and, "WHEREAS, the first party owns and operates a plant in Rich- mond, Indiana, for the generation -of electrical energy with a capacity over and above its present needs; and, "WHEREAS, the first party is willing, for a temporary period of one year and no longer, to sell electrical energy to the said second party as requested by said second party under the terms and conditions and at prices hereinafter named; - "THEREFORE, be it agreed by and between the two parties, that, in consideration of the mutuality of the promises herein contained, the said first party will sell to the said second party electrical energy for a period of not -to exceed one year from this date, under the following terms and conditions: "1. Said first party agrees to furnish three phase, sixty cycle, 4100 volt service to said second party to a point on the north wall of the plant owned by the said second party, first party here- by agreeing to build the necessary lines to said point at the plant of the second party and furnish and install without cost to the second party metering equipment to meter the current at 4100 volts; provided, however, that the first party reserves the right at any time without notice to discontinue said service in case of equip- ment trouble at said first party s plant, or in case its regular demand is such that it has no excess of electrical energy to furnish said second party. "2. First party agrees to give reasonable advance notice to second party whenever possible before interrupting service to the second party. This agreement contemplates the use of the current of the first party for the operation of the railway service of xmmm second party as hereinbefore stated, the second party, however, reserving the right to operate other equipment in its plant for the purpose of generating and supplying current for this service, if additional capacity is required or when it becomes necessary to discontinue the operation of the equipment (motor generator set) receiving current from the first party, as may be required in con- nection with the normal operation of such equipment . The second party further reserves the right to receive direct current from the Dayton & Western Traction Company or from its Jackson Park substation. "3. Said first party further stipulates that its contract is to be for a period of not to exceed one year from date and no longer, which contract, in any event, at the conclusion of the year, will be discontinued by the said first party without notice other than herein contained, said first party now stating that its contract with the second party and the service to the second party will be discontinued at the end of the year provided herein, entirely irrespective of the conditions under which the second party is then operating, and entirely irrespective of any excess mf of electrical energy that the first party might have at the con- clusion and the end of this one year term as herein provided. "The party of the second part agrees as follows : "1. That it will recognize and does hereby recognize that this is a contract for a period of not to exceed one year from date, and will not use this contract as the basis for attempting to enforce the continued sale to the second party by the first party at the end of said one year term, regardless of its necessities. Monday November 19th, 192g. 209 "2. The second party hereby agrees that it will limit its maximum demand under this contract to one thousand (1000) kilowatts , and during the term of this contract the second party hereby agrees to keep its 300 K.W. generating unit ready for operation during .any failure of the first party to furnish electrical energy. "3. In the event the first party is unable, for any reason to furnish all the electrical energy demanded by the second party up to the one thousand (1000)- kilowatts demand above referred to, said firs" I/ party shall not be responsible in damages to the second party for the failure so to furnish electrical energy; provided, however, that during such a period when first party fails to furnish electrical energy, there shall be no charge against said second party. "4. Its is understood by booth parties that the amount of cur- rent to be furnished by the first party shall not exceed 1000 kilo- watt demand, at any time. "The second party agrees to operate its equipment at at least 85% Power Factor, so far as it is practicable so to do, and shall not use electric current in such manner as to cause unprovided-for voltage fluctuations or disturbances without the consent of the first party. "5. Second party further agrees to pay for said current on the basis of Schedule "C!' now in effect and now offered to all power consumers within the City of Richmond, Indiana, with the understand- ing however, that any changes in the " C" rate which may be authorized by the Public Service Commission shall accrue to the benefit of the second party, and the second party agrees that it will not, either directly or indirectly, petition the Public Service Commission for any change in the rate schedule, which rate schedule is as follows : First 500 K.W.H. ®-.04 - 32 net Next 500 K. U.H. (0 .02-i net Next 9000 . K.W.H. _ a .1i net All over 10,000 K.W.H. (0 .01* net Monthly minimum under said schedule to be $1.00 0.90) net) for 4 Horse Power connected, and .25¢ for each additional H.P. con- nected. Five per cent of the K.W.H. used each month to be deducted before billing because of the fact that the current is metered at 4100 volts.. second party agreeing to pay for current used in any month within ten (10) days after the reading of the meter and the rendering of the bill by first party; provided, however, that if such payments are not made as above, the first party shall have the right to discontinue service without notice, and the second party herein -waives all claims of any character for damages thereby sus- tained. "This contract shall be binding upon the two contracting parties when the same has been signed and approved by the proper officials of both parties and by the Public Service Commission of • Indiana. CITY OF RICHMOND, a Municipal Corporation, By Walter V. Reid Frank R. McFail R. M. Henley Constituting the Board of Public Works of the City of Richmond, Indiana. PARTY OF THE FIRST PART. (see next page) 21 0 Monday November 19th, 1928. TERRE HAUTE, INDIANAPOLIS AND EASTERN TRACTION COMPANY By — John J . Appel Vice—President . Attest : Joseph A. McGowan, Secretary. (Seal) PARTY OF THE SECOND PART." ****************************** IT IS FURTHER ORDERED BY THE PUBLIC SERVICE COMMISSION OF INDIANA, that this contract is to be considered as a temporary contract for the period of one yea.r named in the contract, and that the City of Richmond shall not be compelled to furnish this or any other service to the Traction Company beyond the temporary term included in this contract, and that the traction company shall be estopped from asserting any right to any such service based upon the temporary contract herein approved. SINGLETON, McINTOSH, CONCUR. Approved November 9th, 1928. Attest : (Seal) J. Reid McCain, Secretary. On motion the above contract and order of the Public Service Commission where ordered spread on the minutes of this meeting. Claims in amount of $29,304.04 were allowed; The Board approved -the avrious payrolls to November 16th, 1928. The Board then adjourned, Prest . of Board Attests (42 " Clerk of Board.