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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.