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HomeMy WebLinkAbout0384 OrdinanceORDINANCE No. 384 AN ORDINANCE authorizing and directing the execu- tion and delivery in the name and on behalf of the City of Pasco of a contract with Pacific Power. & Light Company, a corporation, providing for the furnishing by said Pacific . Power & Light Company to the City of Pasco of electric energy required and used for lighting the ornamental street lighting system of the City of Pasco for a period of ten (10) Nears from and after the 1st day of January, 1930, -the provisions of such contract being set forth ir this ordi- nance; and determining that the execution and delivery of such contract is for the best interest of the City of Pasco and its inhabitants and is essential to their safety and welfare. THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN AS FOLLOWS: Section 1. That the Ci -'U -,,r of Pasco stake and enter into d contract with Pacific Power & Light Company, a corpor- ation, providing for the furnishing by said Pacific Po -,,ver & Light Company to the City of Pasco of electric energy for lighting the ornamental street lighting s�rstem of the City of Pasco for a period of ten (10) years from and after the 1st c:ay of January, 1 30, which contract shall be signed by the Mayor, sealed with the corporate seal of the City, and at tested by the City Clerk and shall provide as follows: Paragraph 1. The Company agrees to furnish to the City for the terms of ten (10) years from and after the 1st day of January, 1930, except when prevented by accident or other causes beyond its co)Arol, and the City agrees tc take S from the .Company and to pay for under the terms hereof all electrical energy required for the operation of the City's ornamental street lighting syste-t, which system -at present coBsists of : 74-4000 lumen incandescent lamps in series, located along and upon the following streets and avenues, tom -wit: 40 lamps on Lewis Street between Tacoma Ave. and Fifth Street; - 1 - 0 28 lamps on Fourth Ave. between Alley north of Bo.zneville and Columbia Street; 2 lamps on Columbia. Street bet¢,veen Third Ave. and Fourth Ave.; 4 lamps on gest side of Tacoma Ave. Between Lewis Street and Clark Street. Paragraph 2. The City shall have the right at any time during said tern:,, except the last six months thereof, upon. thirty (30) days' notice to the Corr,pany, to re -lace any lamp or lamps in its Ornamental street lighting s-ysterr with other lamps or larger candlepower or greater wattage; and to acid additional hips to its system. and to install additional orra- me:ital ' syste-ms. In such case or cases the Ccrpany agrees to furnish the electrical energy for the operation of such replace- mrent lamps, additional lamps and additional ornamental systems at the rates herein mentioned and all the terms and provisions of this agreement shall be ap-r,licable to such replacement lamps, aaaitioual lamps and additional ornamental systems. Paragraph 3. The trzsforrrrers reducing the primary voltage shall be furnished and maintained by the Company; ex- cept for said transformers, all costs, lamps, globes, wiring, switches and ar_y and all other equi-orr:ent used or required in the operation of said street lighting system or any additions thereto or replacements thereof, from their points of cornee- tion with the Ca,pany's systew, shall be insi--fled and at all tirr,es maintained by the City at its own cost and exrense, and shall at all times be and remain the property of the City. Tine City shall at all times hereunder main+,ain its lighting system: and equipr,ent in gooa oraer ana condition, making the necessary lamp and other renewals fram tirve tc- time. The City furthdr undertakes to cause the lamps of its ornamental sy,;terr, to be lighted at nightfall and turned off at daylight during each and every night of tine year during the full term hereof exdept ashen prevented by accident or other causes beyond its control, ana except that a part of the lamps may be turned - 2 - out at or about midnight. Paragraph 4. All poiri is of conr_ec tion. between the Company's aistribuing system ana the City's ornamental • lighting systeiL shall be clearly mark ---.d by suitable marks. The Co:n.oanv does not assixme the cuter of inspecting the City's electrical apparatus or apr'ia,oes or any part thereof, and shall not be responsible to the City or to any other person for any loss or aarr:age to person or property ocr-asioned by electricity delivered to the City hereunder unless caused by the delivery of excessive voltage or an.pera,ge. T�ie control and responsibility of tre Company in respect of electricity shall oeas� at the points of delivery to the equipment of the City; the City will protect and save the Coiiipany harmless ap�a.inst and from any and all actions, suits, claims or de- mands brought or asserted for loss or injury to persons or property arising from or on account of the presence of elec- tric current beyond tiie points of delivery hereunder unless -paused by the delivery of excessive voltage or amperage. The Company agrees to make reasonable provision to provide satisfactory -arid continuous service hereunder but does not guarantee a constarja supply of elevtricity and shall not be liable for any interruptions or failures to supply contin- uous service due tC; any cause or causes which the Co=mpany in the .exercise of reasonable foresight arra dill er-ce coula not have prevented or avoided, or when such interruptions are necessary for repairs or changes in the Company's generating equipment or ais,�ributing systeii:. Tne Company s hall riot be liable for or an account, of any failure of service hereunaer beyond or ot'rier thai: a Lroportionate c.reait upon the monthly Paragraph 5. The City will and hereby agrees to pay to the Corr. --any for all energy furnish hereunder at the rate of t,,ao cents (2f) per kilowatt hours, and to pay for - 3 - electric energy for all additional lights or lamps that way hereafter be installea or operated by the City at tne same rate. Paymer t for service rendered hereunder shall be :rade by the City to the Company each month within ten days from the receipt of bill for service furnished during the pre- ceding month. In the event the Company, during the terra hereof, shall establish and maintain a geLeral tariff sched- ule of charges for furnishing electric energy for street lighting purposes in mAnicipalities in the State of Washing- ton at rates lower than the rate herein provided to be paid by the City for periods of time applying to the remainder of IN MAS - , the term hereof t o the benefit of suchhariff schedule and thereafter the, cervi ce to be furnished hereunder shall be furnished at the rate provided in such tariff schedule rather than at the rate herein provided for. Paragraph 6. It is understood ana agreed that the service to .be furnished hereunder and the rates and charges therefor and all of the terms and provisions hereof shall be tit all times subject to any lawful orders or regulations of the Department of Public Works of the State of Washington. Section 2. It is hereby aetermined by the Council of the City of Pasco that the service specified in the contract hereby authorized is necessary to enable the City of Pasco to -provide proper protection for itself and tne iL abitants there- of ana is essential to the safety and welfare of the City of Pasco ana its inhabitants. Section 3. The :layor of the City of Pasco is hereby authorized and directed to make, execute and deliver such con- tract with Pacific Power & Light Company in the name and on behalf of the City of Pasco, and the City Cler> is hereby authorized and aire3ted to affix the seal of the City of Pasco - 4 - E to said contra -.t �tnd to attest the sane upo_� execution thereof by the Mayor as herei.ii provided. 'S'e--tion 4. This ordinance shall be inforce and effect five Bays after its passage and purl ication. Approved as to fora: City Attorney Passed by the City Coul�icil / It; 1930. Ap,,roved 1?30. By ` fayjjyl r()7e.17) 'h -z of the City of 'Pasco. JillpropoSod an' Tv". 00. lm4i.r44'. to you Tor vj-,lproval - C; to forn Oto. yon L,-,vo urtow aooltt will jor. 'Anfllr Rr. c3l 1�3 171A -Ti rc, Copy —Jco Rov ng boe4q Ulork,