Ordinance #229
An ordinance providing for a contract for supplying electricity to the City of Troy, Kansas, and authorizing the execution of said contract.
Be it ordained by the Mayor and Councilmen of the City of Troy, Kansas, as follows:
Sec. I. The Mayor and City Clerk of the City of Troy, Kansas, are hereby authorized and directed on behalf of said City of Troy, Kansas, to execute a certain contract hereinafter set forth with the Atchison, Railway, Light and Power Company, providing for the furnishing of electricity and providing for the terms and conditions of said contract, which is in words and figures as follows:
This agreement made and entered into this 10th day of October, 1924, by and between the Atchison Railway Light & Power Company, a corporation organized under the laws of the State of Kansas, its successors or assigns, hereinafter called Power Company, party of the first part and City of Troy, a municipal corporation organized under the laws of the State of Kansas, hereinafter called City, party of the second part.
Witnesseth:
Whereas, the Power Co. is a corporation engaged in the manufacture, sale and transmission of electric energy in the State of Kansas; and
Whereas, the City is a municipal corporation doing an electric light & power business and in the business of the distribution system in the City of Troy, Kansas, and is the owner of an electric transmission line extending from the City of Troy, Kansas, to the City of Atchison, Kansas; and
Whereas, the City desires to secure from the Power Co. the electrical energy necessary to carry on the business of supplying the City of Troy, Kansas, the inhabitants thereof with electricity for light, heat and power; and
Whereas, the Power Co. is equipped to and is willing to supply the City with the electricity required by the City;
Now, therefore, it is mutually agreed by and between the parties hereto as follows:
Article I
This agreement shall be in full force and effect for a period of ten years from the 1st day of November, 1924.
Article II
Without unnecessary delay after the execution of this agreement the Power Co. will install cause the electric transmission line extending from the City of Troy, Kansas, to the City of Atchison, Kansas, to be put in repair and thereafter and during the life of this agreement the Power Co. will at its own cost, maintain the said transmission line in serviceable operating condition, efficient and adequate service in accordance with the terms of this agreement. Replacements, except transformers, shall be made by Power Co.
Article 3
The City agrees to take its entire supply of electricity for resale and distribution from the Power Co. and Power Co. agrees to furnish such electric current as said City shall demand for the use of said City, the inhabitants thereof and customers in the vicinity of said City. The electricity to be furnished by the Co. over the transmission line aforesaid is from 3 phase, 4 wire, alternating current, having a frequency of approximately sixty cycles and a pressure of approximately twenty-three hundred volts. The charge for this service shall be based on the Maximum Demand plus an energy charge hereinafter set forth.
Article 4
The Maximum Demand of electrical energy supplied in any month shall be the greater load or the greatest average number of kilowatts indicated or recorded in any fifteen minute period in that month. A demand type meter shall be used to measure and record the maximum demand taken and used by the City, and its reading shall be the basis of settlement for the Demand Charge.
Article 5
The City shall pay to the Power Co. a monthly primary charge of Two Dollars and Seventy-five Cents ($2.75) per kilowatt of the monthly Maximum Demand taken, and in addition shall also pay the Power Co. an energy charge to cover the amount of kilowatt hours used each month as follows:
First 5000 K.W.H. at 4 cents per K.W.H.
Next 5000 “ “ 3 cents “ “
“ 5000 “ “ 2 cents “ “
Over 15000 “ “ 1½ cents “ “
Article 6
Sec. 1. The electrical energy hereunder shall be considered as delivered and shall be measured both as to maximum demand and as to kilowatt-hours by suitable meters, installed by Power Co. at its own expense at the City limits of Troy, Kansas, at or near the point where the said transmission line is joined to the City’s distribution system; said metering shall be.
Sec. II. The City or the Power Co. may at reasonable times, require that the meter or meters used be tested for accuracy. If such test shows the meter or meters to be registering more than two per cent fast or more than two per cent slow, then the Power Co. shall pay the cost of such test; otherwise the City shall pay thereof. In either case, a charge for the current included for the previous month and for the current month up to the time of test shall be adjusted to agree with the correct reading and registration; provided however that if the error be due to accident or other cause, the exact time of which be known, the correction shall be figured to such time. Should the meter or meters fail to register, the City shall pay for consumption based on the average consumption of the previous months for such period as the meter or meters failed to register. Said meter or meters shall at all times be kept under the Power Co.’s seals.
Article 7
The Power Co. will at the best of its ability give continuous service but shall not be held liable for loss or damage occasioned by interruptions to service by reason of fires, floods, storms, accidents, strikes, acts of Providence, acts of Courts, governmental interference, or other causes beyond the reasonable control of the Power Co. Interruptions to service for the purpose of making repairs to lines or doing maintenance work shall be made at such times as are least inconvenient to the City, and, except in cases of emergency, the times of such interruptions shall be mutually agreed upon. The Co. agrees that in case of interruption to service it will immediately send sufficient linemen out to locate the trouble and restore service.
Article 8
The City agrees to save and hold the Power Co. harmless from all damages and costs and claims for damages to persons or property due or claimed to be due to the negligent maintenance or operation of the electrical distribution system within the City of Troy, Kansas.
The Power Co. agrees to save and hold the City harmless from all damages and costs and claims for damages to persons or property due or claimed to be due to the negligent maintenance and operation of the electrical transmission line extending from the City of Troy, Kansas to the City of Atchison, Kansas.