Loading...
HomeMy WebLinkAbout0877ORDI11AIICE 110174 An Ordinance confirming and ratifying an adjustment made between the City Conission of the City of Port Angeles, acting on behalf of the 41/said City,and the Puget Sound Power & Light Company, a corporation com- promising and nettling certain matters heretofore in dispute between the said City and said Corporation. "' AREAS the City of Port Angeles on the 23rd day of Decc• ber, 1913, passed Ordinance Ito. 428 entitled " An Ordinance granting to the Olympic Power Company, its successors and assigns, the right to construct, maintain and operate an electric distribution system by means of poles and wires to be erected in the streets, alleys and public places of the City of Port Angeles, for the purpose of furnishing to said City electric current for the operation of its municipal electric light and Porer plant, and for the further purpose of furnishing electric power for other purposes, excepting lighting and domestic use, and to furnish said current for lighting and domestic use When and where permitted by resolution of the •Council of said City ", under the terms of which the said Olympic Power Company, its successors and assigns, was given the right to furnish to the said City electrical current for the operation of the municipal electric light and power plant for a twenty -five (25) year period, at a price fixed and set forth in said Ordinance tio. 428; and 7.13EEEAS by an instrument of assignment dated on or about Lecember tat, 1925, Puget Sound Power & Light Co_-pany, a corporation acquired the right under said ordin nce to furnish the City with electrical current •therounder; and VHEREAS a dispute has arisen between the City and the said Pu,;et Sound Potter & Light Company as to the proper rate horetofor charged and hereafter to be charged by the said Puget Sound Power & Lig'it Company to the City for electricity furnished to the City under said Ordinance, and w:aich dispute involves other minor items relating to service under the said Ordinance; and :"1iEhEAS an adjustment of the matters in controversy between the City end the said Puget Sound Power to Light Company has been reached, in pursuance of which the said Puget Sound Power & Light Company has made written offer to the City Commission of the City of Port Angeles, and which offer has been accepted by the said City Commission, the terms of which compromise, are as follows: 1. The Puget Sound Power & Light Company will pay to the City in cash with its acceptance of the terms of this ordinance the sum of nineteen thousand three hundred and fifty -six dollars (:19,356.00), which amount is the difference between the amount paid by the City to the Company for power between December let, 1925 and February 1st, 1929, and the amount agreed upon by said parties according to formula in the franchise or contract, with a decimal point therein; it being understood that the period covered by the adjustment shall co.ence at the time Puget Sound Power & Light Company commenced operation and rendered bills to the City. 2. That the Puget Sound Power & Light Company shall discontinue the Tumwator Sub - station, and that the City will provide for the measure- ment of all current at the City Sub - station; and that the i=uget Sound • Power & Light Company will pay to t'-e City in cash, at the time of its acceptance of the terms of this ordinance the sum of forty seven hundred dollars (04700.00), being the equivalent of the cost of a power lino on City poles from the City hub- station to the site of the Tumwater Sub- station, together with regulators therefor+; the Company also, at the same time, to pay to the City the sum of ei,_;hteen hundred dollars (61800.00) in lieu of 300 K.U.A. transformer capacity. 3. That the said Puget Sound Power & Light Company pay to the •City in cash, the num of forty -five hundred dollars (04500.00), for all lines, with additions, outside the City limits of Port Angeles, not including transformers and meters, at such time as the said Puget Sound Power & Light Company can make suitable arrangements with the customers now being served by said lines outside the City limits; also that the Puget Sound Power & Light Company will pay to the City the sum of thirteen hundred and forty dollars (01340.00) in cash for the City's interest in the County Farm Line and its additions, not including trans- formers and meters, if and when the said Company makes arrangements with Clallam County to take over the County's interest in said line; J it being the intention of the City to withdraw from all service outside of the corporate limits of the City of Port Angeles, if and when arrange - "rents for taking over said service shall be effected as between the Puget Sound Power & Light Company and the consumers outside the City limits. 4. In the event that any portion of the territory outside of and contiguous to the present City limits should hereafter be legally incorporated within the City limits of Port Angeles, the City shall again have the sole right to distribute currant in such territory so incorporated within the City limits, and the Puget Sound Power & Light Company, its successors and assigns, in such event, at such time as the City shall request, shall withdraw its service from such territory, the City paying the said Company for its equipment therein suitable for the City's use. 5. The City will permit the Company to install in the City Sub - station suitable graphic and intergrating instruments to check the City's meters. 6.., "Tith respect to the period from February let, 1929 and dur- • ing the remaining life of the power contract, the price to be paid by the City for electrical energy shall be as provided in the formula in said Ordinance No. 428 Frith the decimal point. 7. The City has paid the Company since February 1st, 1929 on the basis of the formula set forth in said ordinance without the decimal point, and will now pay to the Puget Sound Power & Light Company the difference between the amounts thus paid and what the charges would have been under the formula with the decimal point. Further charges and pay - •ments will be on the basis of the formula with the decimal point. NOV " TITEHEFORE IHE CITY CUL'. nISSIOf ON PORT ANGELES LO ORDAIN AS FULLO.S: Section 1. That the action of the City Commission of the City of Port Angeles in accepting the terms of the offer of compromise, settle- ment and adjustment made by the Puget Sound Power & Light Company, as hereinbefore set forth, be and the same is hereby in all respects ratified, confirmed, approved and accepted. Section 2. The said Puget Sound Power & Light Company shall file with the City Clerk within fifteen (15) days following the passage and approval of this ordinance its written acceptance thereof; and upon the filing of such acceptance and the payment of the sums hereinbefore *referred to, the agreement of compromise between the City of Port Angeles and the said Puget Sound Power & Light Company shall be complete and binding upon both parties for the unexpired period of the time provided in said Ordinance No. 428. Section 3. This ordinance shall take effect and be in full force thirty (30) days from and after its final passage and approval and lawful publication. Passed first reading by the City Commission July /3929. Passed second reading by the City Commission July /,/1929. and adopted Passed third reading/by the City Commission July/7 1929. • ATTEST Approved and signed by the Mayor Approved as to form %AM, bity Attorneys e,y Published July X929. : z •