Loading...
HomeMy WebLinkAboutMinutes 05/24/1944 I I I: Proceedings of the City Commission of the City of Port Angeles, Washington MAY 24.-.J!944 19_ The Commission met in regular session at 10 A.M. and _s oalled to order by Mayor Robinson. Roll oall showed the following officers present t Mayor Robinson. C01IlIIlissioners Belllll, Attorney Johnston and Clerk Hawkins. I I , The minutes of the previous session were read and approved. ,I 'i Under the head of applioations for building permits the following _s granted. I Ed B. Taylor, build garage, Lot 16, Block 328, Townsite 200.00 JC " ., 11 Under the head Introduotion of Ordinances, the following Ordinanoe _s read in full and placed on its first and seoond readings. I Ordin~nce By Title. I An ORDINANCE providing for the issuanoe and sale by the City of Port Angeles of its water revenue refunding bonds for the purpose of refunding and retiring all of the unpaid bonds in the total prinoipal SWll of .572,000.00 of its Munioipal Water IVorks Elwha River Extension Bonds dated Januaryl, 1930, and for the oall and payment of said outstanding bonds; creating a speoial fund for the pay- ment of the prinoipal and interest of the refunding bonds herein authorized, and providing for the ,terms and conditions of said bonds, confiming the sale thereof, and authorizing the City officials *to execute and deliver said bonds to the purchasers thereof. Under the head of Introduction of Resolutions. RESOLUTION IWHEREAS, the City of Port Angeles is the owner of the following desoribed real property, to-wit., "Blook Five (5), of Glenn Addition to Port Angeles ,Wachington, ,I AND WllERF,AS various persons have indicated their desire to purohase said real property; and I !WHEREAS, the City Commiss"on of the City of Port Angeles believes it advisable and for the best I interests of said oity to sell said property for its fair valuel :i NOW, THEREFORE, BE IT RESOLVED BY TIlE CITY COMMISSION OF THE CITY OF PORT ANGELES ,that the above Idesoribed real property be sold at private sale, to the highest and best bidder therefore, provided :that the City Commission reserve the right to rejeot any and all bids for said property; provided further that all bids for said property must be sealed bids, aooompanied with ten per oent (10) of Ithe amount of the bid, and must be filed at the office of the City Clerk not later than ten o'clook ,A.M., June 14, 1944, and the City Clerk be and he is heroby instructed to gi' e notice of said sale by ,I publishing notice thereof in the Port Angeles Evening News two times prior to the 14th day of June, 11944. ,I It _s moved by COllllllissioner .' Beam'" that the foregoing resolution be adopted. Seconded by Mayor Robinson. On roll call all members voted aye. The Mayor deolared the motion oarried. The Commission then adjourned to meet at 1 P.M. I I I 'The COJmllission met pursuant to adjourment at Icall showed the following officers present:: ,and Clerk Hawkins. I :iUnder the head ,of new business t following wholesale power contract came up for oonsideration. lor 1 P.M. and _s called to order by May Robinson. Roll I!.ayor Robinson, Commissioner Beam, Attorney Johnston, IThe I I ;PUGET SOUND POYlER &: LIGHT COMPANY, herein oalled "Company", and ;." Purchasertt, agree as follows: I iThiS contract is for electrioity at wholesale for the purpose of resale. FIRST,: DELIVERY. In consideration of the mutual promises, and subject to the limitations, herein ,'contained, the Company agrees for a period of Five (5) oonsecutive years, beginning January I, 1947, ':tc reservs for and furnish to Purchaser, and Purchaser agreas during said period to buy from the Company exclusively, at the rates herein fixed, all power req1.tired or t'sed to operate Purchaser's plant or I additions or renewals thereof in the same location, and to operate said plant only with electrical rnergy purchased from the Company hereunder. S!1'id plant is located and described as follows. The distribution system operated by Purchaser to furnish light and power service to the inhabitanta "substantially in the area shown on the attached map which is hereby made a part of this contract. Non e lof said electric power and energy shall be used or Bold for use on premises for which service has been 'established or is available under the line extension rules of the Department of Public Servioe as a ,:tree extension from the faoilities of the Puget Sound Power &: Light Comapny, or any other regulated ~lectric public service company. 'Said power shall be three phase. sixty cyole, alternating electric current at approximately 66,000 volts, and Company agrees to furnish not exoeeding 3500 XW but will furnish any additional amount required by Purchaser if it has the power 'available. WHOLESALE POWER CONTRACT CITY OF PORT ANGELES, herein called 1 ,... . 2 Proceedings of the Cit~ Commission of the City of Port Angeles, Washington Mev ~.J3.w.. _ . __19__ The point of delivery .hall be at the Purcha.er' s high tension line beginning beyond the dead-ended insulators on Company's pole in Company'. Oak Street Substation. Alternate point of delivery for emer. gency u.e only shall be at first pole in Purohaser's Substation on 14th Street, located one span, approximately 90 feet we.t from the Company's pole #6, located on Broadway Boulevard. ,I The metering point shall be at the 2300 volt bus of Purohaser's Sub.tation located in Block 36% Government Townsite of Port Angele.. SECOND., RATllS., Purchaser agrees to pay each mnnth for the electric .ervice furnished, at the following rates.. Demand Cbs rge I $1.00 per K.W. of billing demand per month. Energy Charge I _ First 300 KWH per kilowatt of billing demand per month---O.51 per KWH Exce.. KWH per month:,------------u----------------------Q.3p per KWH Determination of Billing Demand., The billing demand in any mcmth .hall be the maximum demand for .uch month but not le.s than 50% of the highest maximum demand establi.hed in the previous 11 months and in no case le.s than 25 KW. I' Monthly Minimum Charge: $1.00 per IlW of contract demand plus $1.00 per XW of additional capacity requested by Purchaser a. provided in paragraph fourth of this oontract. THIRD, DEFINITION OF MAXIMUM DEMAND. fhe maximum demand for any month shall be the average KW demand during the fifteen (15) minute interval in which the con.umption of electric energy is greatollr than during any other fifteen (15) minute interval in the month. FOURTH, ADDITIONAL CAPACITY. Purohaser agree. that before making any increases in its conneoted load which will result in increasing Purchaser's demand beyond 3500 kil.....tt. it will give the Company six (6) month.' written notioe in order that the Company may make the nece.sary proparation to bke oare of the increa.ed load. FIFTH, CONSTRUCTION AND OPERATING STANDARDS. The de.ign, construction, openlltion, main1:enance and repair of lines and apparatus by the Purchasor shall conform with the generally accepted standards, including thooe contained in the Natioaal Safety Code and Chapter 130 of the 1913 Ses.ion La.... and amend- ments thereto, heretofore or hereafter made, relating to electric line. and apparatus. The Company .hall not be required to make any in.pection of Purchaser's system but if the Company is advised of any condition whioh it oon.iders to be hazardou., it shall have the right to di.oontinue service immediately and to refuse to reconnect until and unless the hazardous conditions ,are properly corrected. SIXTH, USE OF EQUIPMENT. llurchaser agree. to operate its electric equipment 50 as not to impair : the general .ervice rendered by the Comrany to it. other customers. If' Purohaser's operation shall impair, the Company'. general .ervice, the offending equipment shall on demand be d'isconnected or corrected, and the Company inay disoontinue service until .uch equipment is disconnected or corrected. SEVENTH, POWER FACTOR. If the purchaser .hall f5il to maintain an average monthly power factor of .85 in any month, the regi.tered kilowatt demand .hall be adju.ted by multiplying by .85 and dividing the re.ult by the averflge power factor of such month. If the average monthly power factor shall fall below.15 in any month, the Company may, at is option, discontinue service hereunder until the Purchaser llhall have made corrections to the extent neBessary to restore a power faotor, in excess of .75. The formula for determining the average power factor in any month is the following, Kilo_tt-hours Average Power Faotor- / { Kilo_tt-hours )"t {Reactive kllovol t- ampere-hours )2 EIGHTH, LIABILITY. The electrio power and energy supplied under this contract after it pa..es the point of delivery shall be the propert~' of the Purcha.er, and the Company shall not be liable for any loss or damage to any per.on or property whatever re.ulting directly or indi:i:ectly from the u.e thereof by the Purchaser, or its customers, or the presenoe of such electricity in the system of the Pilrchaser, or on the premises of its customers, and the Purchaser agrees to indem"lify the Company for and save it harmle.. from all loss or damage whioh the Company may suffer or incur by reason of the assertion of any sueh claim against the Company, including attorneys' fees and all costs and expenses incurred in defending against any such claim, unless such loss or damage is due to the negligence of the Company, its servants, agents or employees. NINTH, TAX CLAUSE. If any new or increa.ed federal. state or municipal tax, fee or oharge shall be imposed upon or in respect to the generation, transmission, distribution or sale of electric power , or energy furnished under this contract, or the conduct of such busine.. or any part thereof, by the Company, then in such event the Purchaser .hall pay the amount of suoh new or increa.ed tax, fee or charge properly allocable according to it. nature to the electric energy or power furnished to the Purchaser under this contract, in addition to the rate .pecified herein. If, during the term of this contract any such existing tax, fee or charlle shall be repealed or reduced, then in such event the charge made .. to the Purcha.er for the electrio energ~' furnished under this oontraot shall be reduoed by the amount of such tax, fee or charge 50 repealed or reduc:ed and allocable according to ~ts nature to the electric , energy or power furnished to the Purchaser. I II i I , '. , I , ! , , I , ,I i I I , I I I , ,I ,I I " I II I f , , I I I I I :1 Proceedings of the City Commission of the City of Pori Angeles, Washington May 24. 1944 19_ TENTH. RATE CHANGES. Rates are subjeot to ohange in accordanoe with the le."s of the State of Wash- ington and whenever a new sohedule of rates for the same olass of service under similar conditions is made effeotive, the Purchaser shall thereafter pay the new rates; provided, if the new rates are higher than those herein fixed, the Purohaser shall be entitled to oancel this oontraot. ELEVENTH, MEASUREMENT. Maximum demand, oonsumption and power faotor 6hall be measured by oommercially , accurate maximum demand, watt hour' and power faotor meters furnished and installed by Purohaser, provided, I however, that the Company may install its own metering equipment in suitable space furnished by Purohaser. The Company shall havethe right to inspect Purche,ser' s meters from time to time. and Purchaser agrees to oorreot said meter. if found to be inaoo,urate. TWELFTH. RIGHT OF WAY. In order to permit the delivery of the eleotrioal power and energy reqaired by the Purchaser, the right, privilege and authority is hereby granted to the Company for the period I' beginning on the effective date of this contract and expiring Deoember 31, 1951, to construct, recontruct, maintain. repair and operate lines of poles, with ~re5 strung thereon, and all necessary croesarms, brackets, insulators, guy wires, trfinsformers and other apparatus affixed thereto, for the transmission of electric energy on, along, over and across all of the following streets and portions of streets within the City of Port Angeles, to-wit I' Front Street from easterly city limits to Washington Street. Washington Street from Front Street southerly to Broad_y Boulevard. BroadWlt.y Boulevard from Washington Street westerly to the westerly city limits. Fourteenth Street from Broadway Boulevard west to the first pole in Purchaser's Substation bounded by Fourteenth Street, Laurel Street and Broadway Boulevard. The Company's oooupancy of the streets is for the purpose of transmitting eleotric energy to the sub.tation. of the Purohaser and to transmit slectricity to consumers outside of the City. The Company is not permitted to sell or deliver electric energy to any customers within the City unless end until permission has been granted by a proper legal resolution or ordinanoe adopted by the City. THIRTEENTH I JOINT POLE OCCUPANCY. The Purchaser shall have the right at all times to make contact with and fasten Purchaser's oirouits to the poles of the Company situated within the oity limits for the purpose of supplying electric energy; such use to be limited to the lower twenty-five (25) feet of said poles. provided, the Purohaser shall nct at any time make any change whatsoever in the voltage carried over its wires which will require the installation of larger or longer poles than those now existing on said streets. In the event that the Purchaser shall change the grade of any streets occupied by the Company, the Company shall immediately, upon notice from the Purchaser, at its own expense change its lines and equipment to conform to the change in street grade; provided. the Purohaser shall at its own expense ohange its own wires and equipment which may be affixed to or located upon said poles to such new location. The Company shall hold the Purchaser harmless from any and all damage to persons or to property which may result from any negligent act or omission of the Company, its agents, servants or employees in the C'onstruotion, reconstrLlction, maintenan 00, r~pllir and/or operation of said lines and the equipment and accessories thereof. The Purchaser shall hold the Company harmless from any and all dlllllage to persons or to property whioh may result from any negligent act or omission of the Purchaser, its agents, servants or employees, in the maintenanoe or operation of the Purchaser's lines upon said poles. FOURTEENTH. COMPANY CONSTRUCTION STANDARDS. During the term of this contract the Company shii.ll at fill times maintain its lines in a satisfactory condition and comply with all laws of the State of Washington, and reasonable regulstions of the City of Port Angeles relating thereto, and work on said lines shall be performed in acoordanoo with S+ate laws and municipal ordinances. It shall construct and/or reconstruot its lines with suoh appliances>as may oonfonn to standard modern practice for the reduction and elimination of interference with radio reception. ,I j I All equipment maintained by the Comps.ny under this contraot shall be subject at all times to inspection by the offi cars of the Ci ty of Port Angeles. FIFTEENTH, EQUIPMENT. All equipment furnished by Company on either side of the point of delivery shall be and remain i to property, and at the expiratiom or sooner termination cf this contract, or af any renewal or extension hereof, Company may remove same from the premises. Purchaser agrees to use reasonable dilie;ence to protect the Company's property from injury, and Company shall have free access to all parts of the premises where its electricity is used to inspect, repair, remove and replace its property. SIXTEENTH. SERVICE INTERUPTIONS. Company shall use reasonable diligence to furnish uniterrupted service but shall not be liable for any interruptions caused by strikes and/or other labor disputes, accidents, or acts of God, or by any cause beyond the oontrol of the Company, or by the necessity for making repairs or changes in the Company's equipment and facilities, and the Purchaser waives and shall not assert any claims against the Company for damages to the Purchaser caused by any suspension, interrup- tion. i'ailure or curtailzrent of service by the Company under this agreement attributable in any manner to national wp.r emergency, inoluding voluntary cooperation b)' the Company in any method of operation or in any program recommended or requested by civil or military authorities. vNo temporary interruption shall cs.noel this oontraot, but the r"onthly minimWll oharge shall be reduced in ,proportion to the period of any interruption of service. The Company shall have the right to canoel this contract if any part of the Company's property used for the rendition of this service is taken by eminent domain, or if such service can no longer be rendered by reason of franchise expiration and the inability of the Company to seoure a renewal thereof. SEVENTEENTH, PURCHASER'S SHUT-DOVINS. Purohaser shall not be required to accept servioe or pay the II minimum charge when it is unable to opere.te its electricity using apparahs on, account of strikes and/br other labor disputes. the acts of publio offioers or other condition. beyond its control. market conditions exoepted. Within twenty-four hour.. after any such shut-down Purchaeer 'shallrgive Company written uotioe thereof in order that meters may be read. 3 4 Proceedings of the City Commission of the City of Port Angeles, Washington 19 ~_ MaY~J9!J4_ EIGHTEENTH: CONTRACT VIOLATION. If purchaser violates any provision of this contrl'Ct the Company may. at its option, without waiving any other right hereunder, disoontinue service hereunder until such breach shall be remedied. NINETEENTH: SUCCESSORS AND ASSIGNS. The successors and assigns .of .both..parties:shall, he entitled to all the benefits and be bound by all the obligaticns of this oontract. This contract supersedes that certain', contract between the parties hereto dated February 24, 1943 provided this contract shall be without' prejudioe to any rights accrued or liability incurred under said former contract prior to the date herein above fixed for the commencement or service hereunder. Signed this 2hth DUIU:Attest. N.M. HAWKINS, CITY CLERK Witns as : R. J. ZONANCE, .A,8~ing Secretary r I I ! day of , 194-.l..... Mav CITY OF PORT ANGELES Purchaser By VERNON J. ROBINSON, MAYOR PUGET SOUND POWER &: LIGHT COMPANY By FRANK MoLAUGHL IN . ~ l I - r-;;:,J ::A? .....:u:,:: ' J,.};:A (.:;=-S:~: _.-:'.u I:: ..;;.<W.,r:.~LJNL~iY LI:i'~::;; I"CRT ~~C:::'L:,~ :l:'" ~~,:"l:r.=J./ Tl. A~:r~2:Ck ~~C:':.~~ CF ATTAC3ZL CIIT '-~::o ..;.~~HT A..:'C"::'u':' ~..:.~ ...T_,a::'T ~~..'.::,:J l\/"::B L L:'~;!T ct. (t~~~:..:.. ~:' r:::J: C~7; "'.::. PO'i:lR . CI.,'':'R1..CT BI;T';.1<;U; t.li'Y:CTIVL AUGr:~~ l J l.,j~ . 11M. I 1~--I7 POR., I I -~ I I 4NGt:' I.:.ll2',s It ':lI;,o.,tn" '" ,).,)I.},tL 'i'l<l.i.h I I +~ I I I --t- I I sc....L1.. '.2'= I MILE:. TWP 30N., RESOLUTION NO. RESOLUTION AUTBORIZING THE EXECUTION AND DELIVERY OF A CONTRACT WIT!; PUCET SOUND P011E.1J. &: LIGHT COMPANY FOR FURNISHING Wholesale Electrical Service for R sale a.nd Use (Service Furnished)" WHEREAS, PUGET SOUND POWER &: LIGHT COMPANY has offered to furnish for a period of Five (5) years. from January 1st, 1947, upon the terms set forth in the attached contract, to-wit: NOW, TllEREFORE, BE IT RESOLVED by the CITY COMMISSION of the CITY cf PORT ANGELES that a contract be entered into with Pu,'get Sound Power &: Light Company for the furnishing of ..mole sale electric service for resale and use upon the terms above proposed, and that the Mayor be and he hereby is authorized and I I .1 I I Proceedings of the City Commission of the City of Port Angeles, Washington May 24....J944 19_ directed to execute and deliver such contract on behalf ana in the name of the CITY OF PORT ANGELES, and the Clerk be and he hereby is authorized and directed to attest such contract and to affix thereto the seal of the CITY OF PORT ANGELES. Duly adopted this 24th day of May, 1944. ATTEST. N. M. HAWKINS Clerk. VERNON J. ROBINSON Mayor It was moved by Commissioner Beam that the foregoing resolution be approved and adopted. Seconded by Mayor Robinson. On Roll call members ,'oted aye. The Mayor declared the motion carried. CURRENT EXPENSE FUND The Commission examined and allowed the following olaims and ordered warrants drawn for same: H. E. Dodge CITY STREET FUND D. Ie B. Battery &: Electric Station Automotive Parts Service Middleton Motcr Part Co. ! Middleton Motor Parts Co. WATER FUND Johns-Manville Corp. Johns-Manville Corp. Johns-Manville Corp. LIGHT DEPART)'ENT FUND W~stinghouse Electric Sup?ly PARK FUND Schlager Bros. Sohlager Bros. L.I.D. GUARANTY FUND City Treasurer STATE AID FUND Automotive -Parts Service Middleton Motor Parts. Midleton Motor Co. WAR LIQUOR TAX FUND Paul Wright Lee Hotel Garage Expense Acoount 18.99 .62 l' 31.03' if. /" 4.80 4.25 31.6.44 Ii 1,091.42 It.~ 188.28 36.83 86.95 ~'f' --\ .r 157.89 yJ 87.30 ~tI. 2.86 ;..- 5.86 y1 20.76 2.06 -y; 5.t5 l 2 Sets Points Parts Rental on oxygen & acetylene tanks Patches & I'urolator Fittings Pipe Fittings Meter Mountings Seed Seed Taxes &: Assts. Parts Hose -Clamp J Hacksaw.. Blades, ete. Parts Sign Painting Tire Repairs There being no further business the Commission then adjourned. ;?i . ~-r>-<Af/~ City Clerk I ~J~ Mayor .5