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HomeMy WebLinkAbout04-13-1949 Special MeetingSTATE OF,ALABAMA County of Baldwin The Town Council of the Town of Fairhope met,in special session at the Town Hall Wednesday, April 13, 1949 at 10:30 A.M. with the following members present: M.-par, T.J.Klumpp, City Manager C. B. Niemeyer, Councilmen: M.O.Berglin, J.T.Bradford, E.B.Overton and Ira Steele. Motion by Councilman Bradford seconded by Councilman Berglin that the Town be in accord with the proposal of the Fairhope Single Tax Corporation for employing Surveyor at its expense to make plans for general street improvements. Motion carried. The following Ordinance was introduced by Councilman Steele it being read in full the same being as follows: ORDINANCE # 191 . BE IT ORDAINED BY THE TOWN COUNCIL OF .� FAIRHOPE, ALABAMA AS FOLLOWS: FIRST: Every person, firm or Corporation or motor transportation company which unloads, delivers, distributes or disposes of any goods, wares, merchandise or produce in the Town of Fairhope, Alabama, which said goods, wares, merchandise or produce was transported from a point with- out the Town of Fairhope, Alabama to a point within the Town of Fairhope, Alabama, shall be required to secure from the Town of Fairhope a license for such business, which license shall be twenty-five Dollars per year or Five Doll'ars per week. This section is not to apply to,far- mers selling produce which they have raised, nor shall it apply to businesses which are other- wise licensed by the Town to do business in the Town of Fairhope. SECOND: Any person, firm or Copporation violating any provision of this Ordinance shall be subject to a fine of not more than Fifty Dollars for each offense. THIRD: Each trip made by said person, firm or Corporation without a license shall be considered a separate offense. FOURTH: This ordinance shall be effective May 1st, 1949 and licenses payable annually in ad- vance. It was moved by Councilman Overton and seconded"by Councilman Bradford that all rules and regulations of the Statutes of the Town Council of the Town of Fairhope which might prevent; unle'ss,suspended, the immediate consideration and final passage and adoption of said Ordinance at this meeting. The question being put upon the adoption of said motion and the suspension of the said rules and regula- tions, the roll was called with the following results: Voting Aye: Mayor Klumpp, Councilmen Berglin, Overton, Bradford and Steele. Voting Nay; None. The Mayor declared the motion carried. Pay Roll Cont'd. Raymond Stapleton J.P. Bailey Marvin Nichols Earl Howes George Dyson E. G. Rickarby Jr. W. C. Beebe Donations: Organic School Public School Country Club Red Cross Bldg. Commings Hall Public Library White Way Lights Ele c . W & S Elec. W & S Elec. Water Elec. W & S Elec. W & S Elec. W & S $220.00 220.00 215.00 190.00 220.00 50.00 50.00 27.96 7.10 10.38 4.50 1.32 1.50 9.03 2.00 16.o8 3.40 5.03 2.00 63.05 Wharf repair was discussed for final consideration. Motion by Councilman Overton seconded by Councilman Steele that City Superintendent C. B. Niemeyer and Mayor T.J.Klumpp be guthorized to investigate the various proposals;to put the Golf Course in operation. Motion carried. Yk�����ts��.�,,� Motion by Councilman Steele seconded by Councilman Bradford that Dan Brown be employed to build tables and benches for the beach park as per price and specifications on file. Motion carried. It was duly moved and seconded that the meeting adjourn. Motion carried. Approved T.J.Klumpp, Mayor Attest R.C.Yohn, Clerk The Foregoing contract having been read and dis- c ed, thp following resolution was introduced by Councilman R E a 0 L U T I 0 X BE IT RESOLVED by the Town Council of the Town of Fairhope, Baldwin County, Alabama, that the Mayor be, and he is hereby empowered, authorized and directed to execute the fore- going contract in behalf of the Town of Fairhope, Baldwin County, Alabama. BE IT FURTHER RESOLVED that all the terms and condi- tions of said contract and agreement for the purchase of electric energy be and they are hereby approved, and that the execution of said contract and a�reemont is hereby ratified and confirmed. Councilman moved for the adoption of the foregoing res ution, which said motion, eing regularly and duly seconded by Councilman all members voting aye, was approved. /--)�Town Clerk of the Town of Fairhope, Baldwin County, Alabama, hereby certify that the fore- going is a true and correct copy of the resolution authorizing the execution and approving the terms and conditions of that certain contract and agreement for the purchase of electric energy from the Foley Municipal Electric Utilities Board, which said resolution was regularly and duly adopted at a meeting of the Town Council of the Town of Fairhope held at the usual place of holding same on the llth day of April, 1949. N r � FOLEY YUNICIPAL ELECTRIC UTILI't IES BOARD C �NTRIXT FOUR 7�T ECTFIC ER�IICE cam:-'.taSrtLE By THE TOWN OF FAIRHCPE9 ALARA"A : AGRFEVENT made this 19th day of April 1949, by and between the Foley �. Municipal Electric Utilities Board, a lef.al instrumentality of the Town r; of Foley, Alabama, a municipal corporation orF,anized and existing; under the laws of the State of Alabama, hereinafter referred to as the "Board" and the Town of Fairhope, Alabama, a municipal corporation organized and existin under the laws of the State of Alabama, hereinafter referred to as the 'Consumer". IN CONSIDERATI17;" of the mutual agreements hereinafter contained it 13 aapreed that during the term of ten (10) years beF inning on the 19th clay of April 1949 and (unless notice to terminate this aFreement at the expiration of _=aid ten (10) year period be eiven In wrlt'_np by either party to the other party at least six (6) months pr'or to the last day of s<-,i.d ter, (10) year term:) con-11-inuing t.-_er. eafter until the expiration of at le.;«t: six (6) months written notice b\= either party to the other party of its retention to terminate this aprtam. ent, as foIlows: 3 TH RV,S 1. The Poard aprees to sell an6 deliver to the Consumer and the Consumer agrees to purchase and receire from the Roars, all of the elec- tric energy as hereinafter descrited, xh ich the Consumer may require or the purpose of sun, plyinF� electric power from :its system, includInF- extensions therefrom anc a:dditi.( ns thereto, located witl-i{n theIncorpor- ated 111.mits of Fairhope, ilabsa:ra; excel:t tb e Consumer reserves the right to operate its 640 kilowatts of diesel generating capacity in the event of power failure cr emergency but, is not obligated to the F.oard to main- tain said generating capacity in operating condition beyond the completion a of the Board's proposed new transmission line from Silverhill to Fairhope. Prior to the completion of the Board's proposed new transmissicr_ line, the Board may request t:,e Consumer to operate said diesel F�eneratinp equip- ; meat during peak load periods, In which event the Consumer drrees to oper- ate its two largest diesel generators for tract account of the Foard ::nd the Poard ar-re -s to pay the consumer actual coat of labor, fuel and lubric:ati.ng oil including miscellanious production expenses, plus 15% for such operation. The energy generated dur�InF- such operation :Dill be recorded through meters f:rni::�hed by .the, Fa:a;rd an6 will then be billed along with energy normally supplied from the Bo&rd's system at the rates and charges hereinafter provided. It is understood and aFreed that any- time after the execution of this contract the Consumer may at its option cisno.Fe of the two (2) smaller reneratinp units and after the completion of the ]'card's said proposed new transrr;saion line the Consumer _4 at: i option free to dispose of all four (4) of its generating: units. The Consumer agrees that in the event it increases the capacity of its p-n— , sting plant beyond the present installed' capacity, said Fener�.tinr, plant 1=nd capacity w' ll not be used to generate and supply the electric e _�r -f ' requirements of the system - of the Consumer providing sufficient elec' .c - 2 - power as contracted for herein is available for all the needs of the Consumer from the system of Board. SERVICE ---- . The Roard shall deliver and the Consumer shall receive, electric energy at the existing terminus of the Consumer's 14,000 volt three phase transmission line located near the north '_neorporated limits of Fairhope which point will be <,nown as the celivery point. 'Said electric enerj y shall '-e what is com.Tonly '.mown as alternating current of approxi- mately 60 cycles per second, three phase, and will be delivered and metered at approximately 14,000 volts. Said meterinp equipment shall be located at the delivery point or on the primary side cf the Con-<umer's substation which ever location 3s preferred by the Consumer. 3. The Foard agrees to deliver to the Consumer at said delivery point 1,100 kilovolt amperes dur•inF the first year after the execution of this contract, 1,300 kilovolt amperes during the second year and 2,500 kilovolt amperes during the remaining tbn (10) ,year terry,, Realiz- ing the F,rowth of electric loads car. not accurately be determ'ned for a ten year period the Poard further agrees that in the event the Consumer's capacity requirements exceed the capacity provided hereunder this portion of the contract �tiill be renefotiated in order that actual capacity requir- Tents of the Consumer %vill be provided. SUBSTATION �— 4. 'ihe Consumer shall. install, own, and mainta'r, the necessary substation equipment at each point of connection. The Consumer shall own _,nd maintain the necessary switching and protective equipment which may be reasonably nece, sary to enable the Consumer to take and use the electric energy hereunder and to protect the system of the Foard. The Foard shall install, own, and maintain the necessary -peters and rr etering equipment and :Hake all .final connections to its system at the point of delivery. A suitable location for rnete,s and metering equipment shall be provided by the Consumer If requested by the Board. RATE 5. The Poard shall supply the Consumer fro*r, the capacity to be su Iplied hereunder, at the said 6elivery points and voltages, anc the Consumer shall take and pay for said electric energy it accore.ance with the follorcl nF rates and charges: Rr�TE PER "OUI E FOR 14,000 VOLT RVI^- AT F'AIRHGPE DELIVEhY POINT For the first 100 'kilowatt-hours per K''A of billing derr_and: 1.5� per kilowatt-hour for first 60,000 kilowatt-hours, plus 1.3¢ per kilowatt-hour for over 60,000 kilowatt hours For the next 150 kilowatt-hours per KVA of billing (errand: ,8¢ per kilowatt-hour for first 100,00G kilowatt-hours, plus ,7¢ per kilor;att-hour for over 1CO,000 kilowatt-hours - 3 - For all over 250 kilowatt-hours per KVA of billing demand: .7¢ per kilowatt-hour for first 100,000 kilowatt-hours, plus .6� per kilowatt-hour for o-er 100,000 kilowatt-hours. * Provided, howeverre, that not less than the number of KWH equivalent to 50 t!-es the number of actual customers of all classes served for the preceding month (bated upon mor_thly statements to be furnished the Pcard by the Consumer) shall be 11lled at .45¢ per KNIT. DETERV ,"'!ATION OP PIL ING DE* -.'A TD The kilovolt -ampere demand used for billinf purposes shall be -based on the Consumer's maximum integrated f'_fteen-minute demand ciur`_nr each oervi ce n-orth, provided that such demand shall not be less than 75% of the demand established during, any of the eleven preceeding months, nor less than 40% of the capacity actually required to be maintained to meet the Consumer's capacity requirements hereunder. ,.^TNIMUM BILL The total monthly charge for service hereunder shall not be less than i`1.50 per KVA of billing demand, nor less than APS per kilowatt-hour. "PECIAL PROVISIONS It is the Intention under this contract and rate that the respective territories of the Consurr.er and Poard will be respected by c,oth parties. T�-e Territory within the incorporated limits of Fairhope shall be ccnsid- ered the territory of the Consumer and the ter-itory outside the incor- porated lir its of Fairhope shall be considered the territory of the Board, .,either party will serve any customer in the territory of the other party without the consent of the other party. In the event either party is serving customers in the territory of the other at this time it will be considered that said customers are being served subject to the knowledge ane' consent of the other party. Ho,-vever, subsequent to the date of this contract tr e r'oard w' ll not serve any additional customer i n the territ- ory of the Consumer without written consent of the Consumer and the Con- sumer will not serve any additional customers in the territory of the Board without written consent of the Poard. In the event the Po rd is serving customers in tl.e territory of the Cons ?mer, or the Consumer is ser--ing custc—mers in the terr:itery of the Board the party in whose tern-'. tory said customers are locateO may, If so desired, purchase the distribution facili.ties of the other party utlltzed In s�_aeh service, :.nO the Other party agrees to sell said distrib,Aion facilities within 90 days from receipt of written notice. The purchase price to be paid by the Board to the Consumer or by the Consumer to the Board for said facilities will be the greatest amount when calculated t'.y the following three (3) methods: - 4 -• 1. Original cost less depreciation 2. Reproduction cost less depreciation 3. Four (4) times the annual gross revenue These special provisions will take precedence over any previous Ablerstanding or any conflicting provisions that may arise under an interpretation of the DUPLICATION clause paragraph 16. In the event the level of the cost to the Board of electric power furnished hereunder is lowered the rates and charges herein will be re- duced accordingly, similarly if the level of the cost to the Poard for said electric power is rased said rates and charges will be increased accordingly, The Board agrees to notify the Consumer of any changes in the level of the rates ant charges it pays for the electric energy supplied hereunder. TAX PROVISIONS In addition to the rates and charges stated above, there shall Ve added any new or additional tax or cost that may be imposed directly or i nQ irectly upon the Board subsequent to January Ist, 1949, by any governmental authority upon the service or upon the electric energy rendered under this contract provided however, that the form and level of any increased charge shall not be greeter than the actual additional cost to the Foard. PAYV ENT OF TILLS 6. Meters shall be read by a representative of the Foard regu- larly at intervals of approximately thirty days, and bills for energy furnished hereunder shall be renderer: by the Board to the Consumer monthly. Payment for all electric energy which shall be delivered under the provisions of this contract shall be payable at the office of the Foard in Foley, State of Alabama, within fifteen (15) days after the bill therefor shall have been mailed to the Consumer. If such due date falls on a Sunday or Holiday, the gill shall be due on the next day following such Sunday or Holiday. Whenever the Consumer has violated any of the terms of this contract, or has failed to pay any bill accru.ing under this contract on or before the fifteenth day after the due date of such bil.l_ing, the Poard may discontinue the supply of electric energy, provided at least fifteen days written notice has been liven of such intention to discon- tinue the service, unless the Consumer shall correct such violation, or shall pray such bill, before the expiration of such fi.fteen days notice. 7.�'Eaci meter used in date rrr=lnI­F n, c'e,!-And t'or or amount of electric anercy supplied hereunder shall, by compar"sor: with accurate standards, be testes: anc calibrf�ted 'cy- the �=oard at 1� tervals of not to _xcer:d te:elve (12) :ncriths. if a 7,eter shall he f-unc. Incorrect or ;na7c arate, It shall be restored to an accurate condition or a new p tr:ater -hall be subztit.uted. B.�t e GonQu�er sruli have I;::c: ri, ht to reque4t that a special tr, iiz)ter test be r ade at any tire. If any test made at Consumer's re- quest ctisclosec tr-,at the �,eter tested is re&isterlrF correctly, or $` wl t'r l.n 2% of normal, Gv. sumer shall ':.ear the expense of such test. The expense of all otr:er teFt.a shall he rorne t•y the Board. `a 9. `'.he results of all such tests anr cal,L.rations shall be open Y to exarrz.nati-n r-,y the Gonsu:r:er anc a rez)ort of eevery test gP4all be furnished im,red1ataIy to t}-.e Consumer. Any meter tested anc found to t � r.ot fr,ore than 2% abo,=e or ` elow normal shrill be considered to ne ^orrect and accurate insofar as correction of 1:ill'nF, is concern- edif as a rr:moult of any test, anT meter ;s found to repIster in excess of 2% either abo. e or 1-elow r.orral., `i:en the readings of such -peter prev'.. c-;n1 r t.,, cen for '-I i 1`.nF purposes shall bt; corrected ;n accord' ng to tl-, ;:,scent _ pe of Inaccurt cy r,o `'r unc', `.ut no 4ucr cor- rect'_ n sh,,all extend t:evond ninety dtiyr previous to t11-.F3 day on which k' Inaccuracy i s dl ar`overe-r by such test. 10o t''ar ts.n ;-er I od t.t at a meter i s fnurcj to have f;it lee' to .:. r`- Ister, it shall be as=urned tl',at the c.e.-narc. Or alec- r trlc aner y del'vered, sett tt,,� ca3e may be, uur.nE said per.-e is the sal,:,e a l that for a period o^ 11'ce open ation to t e agreed upon by the ,r J part.!l.s Bert_ o dur_nf DIY ('.l ic�`' Tr:eter %. �1 :3 11l iir� lye anr, Q`�'e r[3t.in�..• 11. "lip �'()ns'.imer a6•rees that it •J Il-raintaln unity power fUct- x or a rle 3r1y ..es practicable, un6 Lurther agrees to construct its dis- i:. r, trit• tion lines in accordance vitY 5EA requirements taut nct less than spec`.ficattons at least equal to those ::rovideu r y the Nlationel Elec- tri c �'ufet^ Code of tr,© U. S, Pureau of Mane �rdG, . ' lu. =:ach party will ire ull necessary perml.ssi on to each other to enablQ the af=ents of t: e other party to carry out this contract, 'anei r..ill Five each other the rit't.t ty their Ouly authorized agents ,n and e-.Nloyecs to enter + � e� ; rNu:' ses e ' the other tit all r- onat-le times meter �'or' �r �urpo^ce of rc dinF or chec'{ink, , fr,r i,,s }ect•' ". •j 4. 6 - testin£, repair'np, rene,w:inf or exchanp'ng any or all of its equip- ment , lAch Tray to located' on the property of the other; or performing any other •.;orlr ' neident to rendering the I-ervice hereby contracted !'or. C- '-r ["'UITY 0' FRVICE 13. In the event that the `,oars is delrarec in the deliver y of electric energy herein contracted for by. strike, riot, lnva.-I-n, fire, flood, explosion, breakdown, act of God, or public enemy, or any cause beyonc< its control, the t i-me fixed for the commence- ment o�" r.elivery of electric energy hereunder shall be correspondlnp- ly extended. "ne hoard shall not h,• liable to the Consumer here- ,..nder, nor shall the Consumer be liable to the Foard 'hereunder, by the reason of failure of the Tloard to deliver, or the Ccr:sur:er to receive electric energy a^ the result oC fire, strike, riot, ex- plosion, flood, accident, brea<down, acts of trod, or ti,e pudic enemy, or other acts beyond the control of the party affected, it beInF the intenti.c-n of each party to relieve the other of the ob- lipation to supply energy or to receive and pay for anerfy when, as a result of any of the above renti?ned causes, either part- r.;ay be una'le to deliver or use in whole or in part the electric energy he-ein contracted to be delivered or received. ' oth parties sliril.l be prompt and diligent in reTorinV find overcoirinp the cause or causes of said interruption, nut nothtnp hereunder contalne6 shall be construed as per?r.ittinF the r'oarc: to refuse to deliver, or the Consumer to refuse to receive electric energy after t,e cau?e of interruption has teen removed. 144 The oard does not guarantee that the supply of electric energy rercuneer wi l be free fror interruption, and It is agreed that .'..nterruption of the Boards sere-!ce, occfjsioned 'cy any of thF; c,;uses -r.entioned in the foreF,olnET paraj-rraph, shp.11 not C:on- st'.tiate a ~-reach o" th, s contract on the part of "oard:, ..n(i the T7 o ro shill hot NQ liable to the Consumer for damages resultlnp tijerefron:. In the event of interruption to service the roard will restore the servl.ce as soon as It can reasonu!-ly -lo so, and: will at all ties exert itself toward tho end o" 9uprlying as nearly cons-fant service as is reasonably practicable. In case of impaired or aefeetive service, the Consumer shall irrkr:ediatdy give notice to the nearest office of the 'oard by telephone, confirYinE• such notice In writing on the su-r.e date such notice is p-ivon. LIAPILITY i:*017 DVAGE 15. "he electric energy supplied under th, s aireemtint is ',urpliec: upon the express Condition that after it passes the n.eterink equirr: )rit of the Board or other point of delivery, tecomes the propert, of the Consumer Inc the Poard shall not be liable "or loss or damaF e to person or property whatsoever, resulting directl- or liLCIrectly from 11 •- 7 the use or misuse or presence of the said electric energy on the Con- sumer'= premises, or elsewhere, after it passes the point of delivery to the Consumer, except where such loss or datmage shall be shown to haT7e been occast-Med by negligence of the Board, its ap-ents or employ- ees, in operating and maintalntng the Company's property used in supply- inp- service her�i�under. The Consumer agrees to keep its lines, appar- Rtua, appl=lances and all other equipment in a safe condition and will and does hereby agree to erdemnify and save harmless the Board from the payment of any sum, or sums of money to any person whomsoever, includ- ing attorney's fees and court costs, which it may ';_e called upon to pay on account of damages to property or fatal or personal injuries to individuals resulting from or which may be in any way caused ry the cnndi tion, operation and rr,a'.ntenance of the Lr'es, apparatus, appliances and other equipment belonging to the Consumer. DUPLICATION 16. Neither party, unless ordered so to do by a properly con- stituted regulatory authority, shall duplicate the other's facilities, except in sc far as such duplication shall he necessary in order to transmit electric energy between unconnected points on its lines. When such duplicating facilities are so constructed they shall not be used by the party owning them to serve existing customers served by, or prospective customers immediately adjacent to, the exist'ng facilities of the other party. Neither party, unless ordered so to do by a properly constituted regulatory authority, shall distribute or furnish electrical energy directly or indirectly to anyone who, at the time of the proposed service, is receiving electric service from the other party, cr to any farm, residential or commercial customer, whose prem- ises are in the territory of the other except as provided herein above under "Special Provisions". 17. Should the capacity required by the Consumer exceed the capacity or under this contract by 25% omore, the Foard at its -ption may upon written notice to the Consumer, decrease said capacity Y,y the amount of such excess. After such decrease said capacity shall be subject to in- crease ;again only as above provided,, The Board may interrupt service without notice at any time a momentary overload shall exceed 25,% of the capacity to be mai.ntained if this is necessary to protect the equipment of the Board or the Consumer. However, the Poard will not be liable to the Consumer should It fail to do so„ le. Except to the extent herein expressly provided, the Board's rights, duties and obligations with reference to the service fur- nished hereunder to the Consumer shall in all respacts be determined and governed by the rules and regulations approved or prescribed for the Board by a properly constituted regulatory authority, - B - 19. All previous eom7:unications between the parties hereto, both vernal and written, with reference tc the subject matter of this agreement, will be abrogated when the parties execute t'r_is agreement. 20. To insure an adequate and economical supply of electric power for the esential requirements o" the Consumer; the Board agrees that after the expirati-r of this contract, the Consumer may negotiate directly with the Alabama Power Company for the electric power requirements to serve the needs ,;ith1n the corporate li.rrits of Fairhope Alabama. Any agreements as to territory to be s(:�rved in force between the Alabama Power Company and the Foard not withstanding. In consideration of which, and in consider- ation of this contract anc agreement, the Consumer aerecs that before any contract wi tti any other supplier is executed, that there shall first be deliverer to the Board a firm offer from the other proposed supplier, shoving thereon the total cost of electric energy computed as delivered to the present delivery point of the Consumer within the corporate limits of the Town of Fairhope, evidencing their readyness to sere and their present ability to adequately serve the requirements of the Consumer. The Board shall then have thirty days within ,tih'ch to study the rates, charges, etc, and if, within that period of tire the Poard agrees to serve the Con- sumer with the required energy at a cost not in exEess of the total cost of energy to be other^uise purchased, then, in that event, the Consumer agrees to execute a contract for the purchase of electric energy from the Board under the same terms and conditions as those appearing herein$ except that the amount of electric energy to be delivered, shall be adjusted to meet the then requirements and the cost, to meet the total cost of energy which could be otherwise purchased. 21. ThIs contract shall not be binding upon the parties hereto, until approved by the Town of Foley. IN '%�,ITNE`.'S "`IEREOF: The parties hereto have caused this instrument to be executed by th,'° respecti-e authorized officials. ATTEST FOLEY 'TUNICIPAL ELECTRIC UTILITIES POAPD By hairma Town Clerk of Fairhop APPROVED BY TO''.T OF' F'OLEY By OF FAIPHOPE ATTEST: l . &C"_ :4 1_ Town Clerk of Foley