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HomeMy WebLinkAbout12-28-1956 Regular MeetingSTATE OF ALABAMA County of Baldwin The City Council of the City of Fairhope met in regular session at the City Hall, Monday, December 2871953 with the following members present: Mayor T.J. Klumpp, City Manager C. B. Niemeyer, Councilmen: M. 0. Berglin, L. E. Blatchford, R. C. Macon, J. D. Mason and E. B. Overton. The minutes of the pregious regular meeting were read and approved as read. Motion by Councilman Berglin seconded by Councilman Mason that Mr. J. E. Wooley be employed to supervise construction of Colonial Inn fill according to plans and specifications of the State. Motion carried. Motion by Councilman Blatchford seconded by Councilman Berglin that the following Insurance Policies be cancelled: Hartford Fire Ins. Co. # 1145 on 225 HP Diesel Engine & Equip. Gen. Ins. Co. of America # 217CI361 - 450-F.M. Diesel Motor and Generator Unit & Equip. Providence Washington Ins. Co. #2745 - 450 horseppower Diesel Engine & Equip. Motion carried. Motion by Councilman Mason seconded by Councilman Macon that the bill of Mr. H. S. St.John be approved for payment. Motion carried. Motion by Councilman Mason seconded by Councilman Overton that the following Resolution be adopted. Motion carried. R E S O L U T I O N WHEREAS, negotiations have been entered into between the City of Fairhope and the Utilities'Board of the Town of Foley, relative to the purchase by the City of Fairhope of electric energy from the Utilities Board of the Town of Foley at 44,000 volts rather than at the present voltage, and, WHEREAS, a contract and agreement has been prepared and submitted by the Utilities Board of the Town of Foley and has been examined and approved as to form by the engineer employed by the City of Fairhope, and, WHEREAS, it is believed to be to the best interest of the City of Fairhope to enter into the contract and agreement, NOW, THEREFORE, be it resolved by the City of Fairhope, Alabama, that the Mayor"and Clerk be, and they are, hereby authorized and directed to execute and deliver on behalf of the City of Fairhope that certain contract and agreement dated } December 28, 1953, whereby the City of Fairhope agrees .to pur- chase and the Utilities Board of the Town of Foley agrees to sell electric energy, a copy of which is,spread upon the minutes of this meeting. Done this the 28th day of December, 19530 ATTEST: ayor Clerk The foregoing resolution, having been read and discussed, on motion made by Councilman Mason and seconded by Councilman Overton, all Councilmen voting 11aye", was unanimously adopted. C. G. C. lk THE UTILITIES BOARD OF 'THE MIN OF FOLFY CONTRACT FOR ELECTRIC POWER SERVICE AT 44,000 VOLT DELIVERY FOR RESALE WA THE CITY OF FAIRHOPE, ALABANiA 1,�SQLUT Ql�, the City of Fairhope, Alabama, has requested re. negotiation of a contract for electric energy being, furnished by the Utilities board of the Town of Foley, and has requested electric energy at ".000 volts, and, Ark.EASt it is the desire and aim of the Utilities Board of the Town of Foley to meet the desires and service requirmionts of its customers and of all the citizens of South zAldwin County, and 9 contract and agreement has been prepared for sub. misaion to the City of Fairhope,, a copy of which is spread upon the minutes of this meeting, NuW; THMEFUL-B, be it resolved by the Utilities Board of the Tuim of Foley, Alabama, that the Chairman and secretary of the Board be, and they are hereby authorized and directed to execute and deliver this said contract on behalf of the Utilities Board of the Town of Foley, if and when said contract is approved by the City of Fairhope. Done this the 22nd day of December, 1953. ATTEST: o/ I;hairman �;ecr�t�dry The foregoing resolution, having been read and discussed, on motion made try Board member Harding, and seconded by L-bard member Lawrenz, all members voting "ayes', it was unanimously adopted. I, Sherman F. Lemler, Secretary of the Utilities Board of the Town of Foley, hereby certify that the foregoing is a true, correct and literal copy of a resolution of said Board adopted at a regular meeting of the same, held on the 22nd day of DecembQr, 1953. Secretary TIC UTILITI S HARD OF TIM TOWN ?T FOLEY 0 CM Of ]PAIFsHOP$, ALABAtIA THZS AGRENMR made and emteeread into this 28 day of Dooemberjp 1953: by and between THE UTILITIES HOARD OPIX, T 0k~.M OF FOL , hsrrdMfter referred to as the "Bowdw, a corporation orgo-niseed and a odstiM under and by virtue of the laws of the ftat* of Alabama, and THE ,'IT'Y OF FAIRHOPEI, a owdolpeal corporatism organized under the laws of the State of Alabama, hereinafter referral to nee► the "Consumer". WITNEWVMt That in owAideration of the matual soMmote and agree- ments herein contained, the parties hereto aeantraot and agree with each other as foil nee: nanslr, FICT " It i s�+a+w betweet tho parties hersto that there is in fvU force and effect, a acatiast and agrommint for the use and sale of electric power at 14,E volts, whift said contract wane entered into an the IM My at April 15 9,end shall be sad rsnain In full tam and effect until *a* time as, the pasties hereto are prepared to serve and to receive electric pager is accord- a►nse with the teeraerac and conditions ho rect. Notification shall be give© in writing by the Consumer to the Board or its Wwage r of its pareparwlness to reeeeeeiv7 e10e- trie: pewerr at 440000 volts under this sentraat. This noti.fisation doM. be given not lace than 15 +ems prior to the date service hereunder is desired. The time of a of ssrtvice, hereby provided,* 9h&U be the effective elate herreoof and f*m that date the contract of April 19, 1%9 shall be wal and void and shall_ be oansoAd+wed terminated by mutual as oeormemt. The Board agrees to sell and deliver to the Consumer and the Consumer agross to Aso and rsosivc from the Board, all of the ateotrier, snsrCr as haerei: described, which the Commer mar requi" fre the purpose of o pplyi ng electric power frrrra its eyetao, an atuldt tercet oeted within the in aced 1 is of-' eopmi►# �l wc000 the Gonsuaeer re- serves the r4ft to ate diesel rwrating eeapasi ty in the oveet of peer faLtwre or esergmrwrrir but, is not obligated to the Board to Main, said gen- eeratirag capacity in operating condition, The olootrie imm--, to be supplied by the Board hsrounder shall be wbAat is cam' 'ling -a as current o*4 60 W*Us per second, three phase and delivered at approeimatoly 44#000 volts at the delivery point. 3. The -Roard agroes to deliver 3750 kilovolt -des of said electric energy at the fapwAng delivery point whieeh shall be the oonne ction with the f`aeoi'hiss of the Cmsumiw: At the terminus of tho Board's 44y004 vat trano- mdssion line 1000414 near the ft scorner of the BcrtImeat quarter of the d1 dhest qmsftsr 9eotice 9, TwAnUp 6 South, I&W 2, lasts, HaUMs Co=iW, ALOmm. ».' 4. Me Qad=ow shall install, oft arul maintain the noee#eaamrpr substation ecpAyr NInt mead "SON volt line to the deliv0ee7 point. The QQWQMW shall aware and maintala the nenegceary std tahing and protective equt~ which my be I a I.11nrnably 1100eeeeazry to an lkU the Consumer to take and use the slastrie sneror ham and to protest the eptam of the Hoard. The Hoard shall Justaa3l, own and xvista art tho neaerteary meters and Ong equi pawrt and make f1=1 oaaaestions to tts met at the point of 441ver7. A suitable location for *04m and metering •gatpnanat "I be provided by the Commr er if required by the Board* M 5. The Consumer hereby agrees to pay to the Hoard monthly* for each month the teem of this contrast, and every renosal thereof, for electric wargkr delivered to the C+snsmmer by the Hoard at the r atees and charges and under t2or terms and ooadi.tions set forth in than rate sabo ule magrieed IxhibdLt aAe and attediet to and amdee a part of the Ag roeereh. shall be road by a isposentative of the Board regularly at in- tor"Is of appatwcndscate3, r th arth days, mid bills for energy fundsked herounder shall be rendered by the Board to the onsuaer monthly. Fayraaat for all electric ,q l which shall be UILVW44 WdW VO pWKsUM oft his ewArmR Abell b* at the office of the beard in p' is 9%4* of :Alabomas within fifteen (15) days after the bill therefor shall have boon moiled to the Consvreo r. If such date falls an jlhday or Holidays the bill ihall be &n an the bait day following ouoh 3un4sy or Holidays M AWUMM 79 Each .per used in determining the daand for or emomit of electric en r$V rapplied he wavier shall„ by coeqxmision with aeourate standards, be tested and ealibrated by the :oard at intervals of not to d tw4vo (U) ems. If a muter thall be food incorrect or imescuratos it shall be restored to an accurate condition or a rmen materer shall be substituted* B. The C,onsom r shall have the right to rust that a spooisl sorter test be made at ataxy ti s* If mW teem made at Conn wanes request disclosed that the motor tested is registering earrootlys or within B% of rnvmwIt C onavow shall beer the qxponsq, of rrh tests The expense of sl other tests shall be bonne br the ftwds 9s Ths results of all eveh tests and rral3.brst3.oane shall be open to Maim, nxtim by thn Canomm sad a report of even toot shall be furnished iweediato�l to the Cecnsaftw. A#W tester tested and fo ►d to be not no" than 9% abe" or below awsal shall be eansi4ored to be correct grad AMMMAO insofar as Correotiah of bd.IMM is weds If as a mwIt of any test arm neater Ii f*wA to rogister In of either abovre or loela s than the rosdtags of such meter prsvioa4r taken for billitag shale. be meted according to the p tagr of i ewracy so foueadr *A eves core ion shall extend beyarA pernus to the day on AUk iaaeouracy is 000vered by smash test. 20s fear MW PWI*d tbat a aMtser is rowed to have fail" to registers it stall be Assomod that the wblisiiedt or elestrie onargy deliveroAs as the Woo aeaY 'bat *WIN saki A is the sans as that for a period of Blue opustio n to be armed upon by the parts hereto dwftg vhioh svioh meter me In serviee and vperstiag. Ile, one COW"er agross that it Will mAdnwn with' power factor as nearly at p�raabiee'blss and, furtzw &grow to constr4st its distribution butio n linen in accordance with the National IUA*tr c Safety Code of the tl.B. Bureau of Standerides Rion or A` �7 12, Rath party will SLY* all necessary peveii.ssion to ea4b other to amble the agents of the other party to carry out this cantrect, and will give cash other the right by their der amthorised agents arA emplqpse to enter the pro~ erases of the other at all amble tin" for the purposes of reading or checking motors I f or inspost#nsa s ropstrim *owing or iawhw4ft a9 or all of its equ pawnt whidi mo be legated an the property of the o'ibwj or perfuming aW other w4wk incidw4al to raukerring the service hereby contrasW for* s ThO DOUG Shall Wt be liable to the Consm r heremwde r, nor shall the Conamw be 11abLe to the Board to rma3der, by the Vosseft of frr►ilure of the ilcabd to doitver, or the Oonsumorto remora el octric ink► as the result of fires strikes riots aalerrsiaaas-fty do aacidont, breakdw4as acts of God, or the public ea'eW# or other acts boyond the control of the jorV offeateds it losing the intention of cash party to relieve the dear of is obligation Lo supply onergr or to receive and W for anion whons as a result of m W of the aboro to nt and cansores ewer party m' be unablo to 4WIiVW or use in whole or in part the *1r *Wo amwV heroin contracted to be delivered or rosoLved. Both partios shell be and d ii..gmb in rase wbo and overeastAg the eaw o or souses of said intearrnptioug, bat noiridiaeg h+srocmWo r eonta lmd *aU. bs oerostrued as per - sitting the Soul to r fvuw to 44Uver, or the Cam* to reftme to receive eleotr o onrie V after the saww of interruption have bow roAn►wwols, 14. Thar 94ard dom not gwuw% * that the supply of electric wwa her * - under - under will be frare ftm interruptions and it is agaraed that irate rn4t on of the 8e►ardes services, oes"imed by OW of the cue mentioned in the foregoing paragraphs shall not oions tote a breach of this eatelt an the part of the Board�+� and the Board shall not be liable to the Ca ear for s resulting Z;;;L; N. In, the event of intomption to service the Board will restore the ser d are soak: as it oarn reasonably do sos grid will at all time QxWt itself towed the end of supplying as nearly taut service as is reasonably practicable. .. 3 1 06" off` isatrrAIVd Or dsrfersU" +r ao, the Oessawn, ahsttt rnr ,ie1 U three 00014" offto of the Osort by tolephones 1 notcha�a� rlelalt stern os 5. TbO ee 404RV +a►VPU sd Undw this afrouJim mt J. s."died qM the IMEND Aeft tat aiiww it psaw" the gAering oodpant of the Bard other po►lft a 4suvarablowas the plopoplow of the caars ua, +sad the 4004 shag. rsot be liable fhex* 14140 oer dwase to aw or pry 1 snort .� dir"ttp star isstro*Ur frogs the Wo or MXWO or at s said OWV OR UM Cif s per, or elseAmmo after it p sa we Vw p" ve datlne W to the Cis moo *wo on* tots or draw sh, be shoo to bans been e04aa3,aeeed bV llama �teato-oft he V*W4 Its &#"a ears Arrm&dLi me". in S"Mtbw am tine dosed! s I No" to smkyuw ;eiv ►M h� VO4wo Us COMMOM OWN* to bw its r N, Anmeows %VU&N as and sat otlt" esldpwa is st soft oftwaian, Bard trill sad dma �► �r to jssmmdj�, and we* hiMAM wr the the psgpawatt of MW am or irsraor atWOW to asw bpalm irlurrrsrNreri1s a s toss � wr, rirLerlt it my vM to pep► on i We at at darawyierr to P*W.W or lioW or P to 3aadtn dnamb re"Uf*ft or rhieit MW be in air myaooMsodbw tite Mem epwWon UA t�boXenjift to of the .masers d er stpp3,taneuo e d Cam, i tbw * w0waod so to 40 btr a�uq�s eweastttrttiod tag r stat�,ttr„ dw" +das Uftto the iss rsoaaopb In oar tar as a tors assreen0"27 in to tatstassit ar go, b IMIMiOr<'o e. Usasiss *a4utiss, an No *mwwnt d they 4MU set be wed by tip po i theSto N as Latin 01100leare NNE by# w Ps'IMP001,10 SINUMM srsMsdtett r 643"w* tee$ the wdottft of the other WAVII X dtbw PWW, 103,400 ardwod a* to do by a V%Mdr �► am r' MMIAWAY, shy l d s + or fur tee even a at, the tss of the pMpMd to rec"VINa It +s osty .er owwAertr gwft t1w 6"M piw % ro 4r OW falw* or �+ 3 ao�rtrs�rsr„ *000 p"Mis" we Is s TW Wit► 4au not "U the " f ► the no" bww e too pea r rim* on PO am=W*"or iw am"" frra rorinto W th t 10 written I on 0% at the 17- It N the lion wAw We s t and roe irbat a* rerspewlti►rro t4larit 40 Of the 00neftW smd WUI be vewpostetd tr bob pst>flrsr * rm tao rif MW Or beft4tor within the ivaorpw a►tsd lots or ? hope shalt be 111011111tarsetthe WMU027 of the Convow and titstwvitwy 0"91do of the in- e�r IlrlrMta�d t tt* of lit er tt be erWAehr"A thN t4rtIt4V7 at the Ostend, prt sM 00 06 er r in the to rritort of Vw other Am - WA this of Other, pr�rt�r. TA the erre "at either, r, ter; s►� a ol— ♦osrasrrar in t10 t4Vftt0v7 of the o#thw at this time i trriU be dersroeeri that a" ersrratarsar M ears boLvg ear"mi aarbjserirt to�tho WwAo#p ##A oammitst of the errt srr► parwo %weNo* to the date at M& r 0ate+terst the aw" VIII 04 Sam sw ad"►tt+mnal **It~ in the terva traarir of tk• Caotrsvonsar wi "Ilttt" oess" of t he CMWMW erg the CarrMerrr w wJU not SWV* arrgr aftt wrastt SUSterasM IS the t arrrM► ftdrr of fto, 0 1 111 a withaeat wrrrittstt owwwwo, *f the beast, in o the is r ers"rs wo in the tonattew of the Cone- NAMws err the Caeaarsw is oe In the towit *t this Dowd for tar 0my add arse we r ss" ttWv at so dodsvA, p Aft the Astari►bWan at the partr stt M Is vw& Caro errrrd the 010W pea r 48mas to Kali "14 d strlbation fasi .tbo %jtitiar► go Mara of Witten SALOON ?be pm also �' ti prays* to der 0 Bout to hire Cora rwrNt or 'brg the � to thetsar Moo tettl be the ~�rirrt womb when aahsaststtesd Irir thee ad" � (3) arrr'l arlaom" *at Issas at3 Z. asproasp oast low dste#iara 3. Am (4) ors the aural ip, i - is vsvi sswr for 1 1 d 11M let and eaosraw Ni va et'tanss 4tismiewts Vbw three, (3) for indoft ri.at a'taer fiesstiesds. spesrial provi lime -411 take precedence over arW previous vDAM. standing or any conmotirag provislans, that say arise under an interpretation of the DUPLICATION clause paragraph 16. 19* In the event the rates to the Board for eleptAt pww funda tewd hsrowWar is lowered the crates hesei.n will be rsdused a ccorMiqly', s#,W3Arjp if the rates to the 3mrd for said electric poww is raised, the e+tes bereft wLli be increased accordfngly. T1 fib,TAX UM rs 196 In add ion to the sitar and charges stated abce ",p these #hall added aA r nett or additional tax or coat that =�y be sd diredetly or in- directly upon tho Board subesgtaent to 0souaber 28# 1953 by a:W govere�t�sl, authority open the servio* or upon the eleotr►ics Mery relAared m6or this contract, provided ice, that the fom and l.e v*1 of ai r La"vessed charge shall not be 6m" ' than the actual additional cost to the guard. r{r-; 1 This add shall boxcare, effective on the Otte of eei.een+eMant► of ser7i.ce as prividaA in pa` l obo" titled fli'to*tive Detol, and shall re in in offset for a period at teat Years* thwoattor free year to year., wasom and =til at least six months prior to the OmAration of the tenth year or aaray year, either part' shall notify the other in vrri.ting, of itv desire to terminate the agreemwt at the expiration of the said year. 21* Whenever the Conamer has violated auVr of this terms of this eontreat, or has railed to pelt coals bill isccowing under this contract on or before the fifteenth dW af"tetr the flee date of such billing, the Ord my dissoontinc a the suipplyref siectria eawe Wo prov6W at lease fifteen Uys written seotio* has bow given of sw& iutsmt an to discontinue the e+srvise, miss* the Cons'swrr shall correct vook vi i tia7e9tj or shall. W such bi.11., before, the ea rati+an or su*h f'! E"testert disys not c*o 22. All previous "awadaeatio ns between the parties hersto, both ♦extal and utit:tm# with reteresesee to the subject aaaeattaeer► of this agreement, will be abropt sd when this agreement become effostive, not including, however, any a areecaaaerr►ta: for serviao to the Gonstmeaer at W rather delivery points. 23. To insure an adeq+rasto and seawa deal supply of +elfe .c pwar for the essential iwants of the Chi the Board agrees that after the aVirati.on of thin contract, the Convater my negotiate directly with the Al&bua Psi Company for the electric pmw reqLtromts to serve the *so& wit ngthe ' ltzaitar of ape*, Alm AW ar eeumts as to tom- trey to be served Ji force bob000n flea Al.abam ftwar GompW and the ward not wal t arsdfO-9, In era tsiai+erar d►n of which, and 3e es-Untion of this own- treat szd .. Yt.0 the � r e that before asap contract with any OtAh r' -.- axpo ctsd, that the ehiall first be delivered to the Hoard a fitat a the ether died arqrplisr, shawing theme tjw total cost Of 024SM60 WWVW 0e14"rt" AS &ALT4040d to the de►l tremy point of the C� 0vtdwwaag their readinaw to searve and their pares ability to a`degatrat serve the requirosimts of the 0ansam r. The Board shall then have WAY doe within w* eb to stuJ7 the rates, oharps, sto. and if , within that Period Of tim the fib sgrssss to som that Gewomw with the required alaeeara at a carat 04 in of the total stoat of 4MW so 00PA04, to be Other. +raise panhiaseds tbons in that eveawt* the Crum &PON to easectn a con - treat for tho purdis ee of Olostris snera frets the Ord under the sam terms and conations as ttsar" appearing hersin, stag that the sumt of electric to be deUversk shall be ad4usted is met the thane rand the +cwest, to Weak the "at of snerM7 ,which +eovi d be otherviso purda od. I I'Pti WX&Wi The pwties herete have caused this instrummit to be executed by their roepeotive authorised of oisls. ATTEST. ATT& Ti CIT'f' OF FAMOPE, ALABMM Rate Schedule Attached To Contract With kl RATU For the first 100 kilowatt-hours per KVA of bilking deand t 1.5# per KWH for the first 50 Oil?? ; plus 1.30 per KWH for all over 50,600 KWH. For the next 100 For all over 200 kilowatt-hours per KTA of bill ng demand: .+6# per KWH for the first 1001, 000 MM; plus .5# per KWH for all over 100,000 Kk'H. kilowatt-hours per KTA of billing demands .40 per INH for all such excess.* *Provided, however, that not less than the number of KVH equivalent to 50 times the number of actual customers of all classes served for the preceding; math (based upon monthly statements to be furnished the Board by the Consumer) shall be billed at .4# per KWH. When the substation required for reducing the voltage below 44,000 volts is owned, operated and mintained by the Consumer, the monthly bills for service rendered hereunder shall be subject to a discount based upon the Consuserls billing demand for the current month of 400 per KVA for the first 150 KVA; luq . " 20# per KVA for the next 150 KVA; plus $_ 10# per KVA for all over 300 KVA. The kilovolt -supers, demand used for billing purposes shall be based on the Consmsor s maximum integrated fifteen -minute demand during each service sonth0 provided that such demand shall not be less than 75% of the demandestablished during any of the eleven preceding months, nor less than 50 KTA. The total monthlp charge for service hereunder shall not be less than one mill above the Boards average purchase power cost per KU of electric energy from its suppliers for the ssme month. - fte board at its option aid expense may meter the energy supplied under these rates amd charges at the delivery voltage, or at the voltage of the Conswesr+e systm in uhich event the Board may install compensators so that electric energy transferred at the delivery point specified will be recorded thereby. Motion by CouncdIman Berglin seconded by Councilman Mason that the meeting adjourn. Motion carried. Approved 22�� "; •Mayor Attest: 113, City Cle k