Loading...
HomeMy WebLinkAbout04-15-41244 Council Minutes Pulaski, Virginia, April 15, 1941 The Council of the Town of Pulaski, Virginia met on April 15th, 1941 at 10 o'clock A. i~. at the Mayor's Office, in pursuance to an adjourned meeting held on April 8th, 1941. PRESENT There were present, Messrs: E. Ws C,gl~'~e Mayor T. J~ i~al~.ner ~,,. C. Hall J. E. Bunts F. A. Seagle_ L..E..VEh~t~sgll Councilmen There were absent, ~dessrs: A= T? Eskridge A. I~.~ ~ushongi T. L. Jams Councilmen. BIDS The Mayor announced that this meeting was an FRtiNCHISE adjourned meeting of the regular meeting of the Council held on April 8th, 1941, for the specific purpose of receiving bids for a franchise offered for sale by the. Council of the Town of Pulaski in pursuance to an ordinance directing the advertising of said franchise adopted by said Council at a regular meeting held on the 4th day of March, 1941. Thereupon, the Mayor called for written bids for said franchise. (con'td) 24 ._. A. E. POWER CO. BID r ~~ ..,,~, ~-~ 1 J Council Minutes Contd. Pulaski, Virginia, April 15, 1941,, The Appalachian Electric Power Company presented.a bic~i in writing offering the sum of Two Hundred and ~`ifty Dollars, 0250.00) for said franchise, which was received and read alou~fl before the meeting. The Mayor then inquired if any other bids'; were offered and none being offered, he declared the bidding closed. The bid of the Appalachian Electric Power Company, as dub witted, is appended, page 257 of these minutes. After due consideration by the Council of the bid of the 6ppalschian Electric Power Company far said franchise, and~i upon motion of Councilman T. J. Y~allner, seconded by Councilman J. E.Bunts, and on a recorded vote of the Council, voting as follows: Yea: T. J. Wallner J. E. Bunts F. A. Seagle L. E. VYhitesell G. C. Hall Nay: None said bid was accepted, and the following ordinance was adopted: BE IT ORD~iINED by the Town Council of the Town of Pulaski, Pulaski County, State of Virginia, and it is hereby ordained by suth.ority of the same that SECTION I The A palachian Electric Power Com any, its successorsg' and assigns, (hereinafter called +~Grantee~~~, is hereby granted! the right, privilege, franchise and authority to acquire, construct, maintain, and operate in, above, under, across and along the streets, thoroughfares, alleys, bridges and public places, (as the same now exist or may hereafter be laid out), gj of the Town of Pulaski, Pulaski Count;T, State of Virginia, ~ likes for the distribution of electric energy either by means of overhead or underground conductors, with all necessary or desirable appurtenances for the purpose of supplying electric ,. energy to said Town thereof, for light, heat, power or a~ other purpose or purposes far which electric energy is nova or may hereafter be used, and for the transmission of the same through or across said Town. SECTION II ~F Said lines and appurtenances shall be constructed so P as to interfere as little as possible with the proper use of °~ the streets, alleys and public places. The locat~.on of all poles or conduits shall be made under the supervision of the w (cont(d) `f 24s Council Minutes Conttd. Pulaski, Virginia, sprit 15, 1941 Commitee on Streets of the Town Council. In the location and erection of the poles, conduits and other structures and fixtures-and the stringing of wires, herein suthori2ed, the said Appalachian Electric Power Company, its successors or assigns shall avoid all unnecessary damage to shade. trees in and along the streets, alleys and public places of said Town and shall not cut or otherwise inure said trees to any greater extent than is necessary, in the judgment of the Committee on Streets of the Town Council. SECTION III The rights, privileges and franchise hereby granted shall be in force and effect for a period of thirty (~0} years from the date of the passage of this ordinance. The .rights, privileges and franchise hereby granted shall not be construed to be exclusive and the Council of said Town hereby reserves the right to grant similar rights, privileges and franchises to any other person or persons, firm or firms, corporation or corporations. SECTION IV The granting of this franchise is made upon the express condition that the exercise of the same shall be subject to such regulations as may be adopted by the State Corporation Commission of Virginia or ouch other body upon which said State may hereafter confer regulatory powers over like corporations for the purpose of securing efficiency of public service at reasonable rates from said company, its successors and assigns, in said Town of Pulaski, and the maintenance of the property and works of .said company in good order throughout the term of this franchise. SECTION V The Grantee shall indemnify and save harmless the Totm from any and all claims for damages that may be asserted against it by any persons, firms, or corporation whatever, arising from the construction, operation, or maintenance of the Grantees works, or out of the exercise of any right, privilege, or franchise granted herein, or the performance of any duty hereby imposed, and in the event any action or other proceeding shall be brought against the Town of Pulaski, either independently or jointly with said Grantee on account thereof, said Grantee upon notice to it by the Town, shall defend the Town in any such action or other proceeding at the cost of said Grantee, and in the event of final judgment being obtained against the Town, either independently or jointly with said Grantee, then the Grantee will pay said judgment with all interests and costs, and will hold the Town harmless therefrom; but nothing .herein contained shall be construed as recognizing on the part of the TOR-n or the Grantee claim or right of action growing out of this ordinance in favor of any third person.. SECTION VI i~henever said Grantee shall begin the erection of any lines or equipment it shall promptly and diligently prosecute the work to completion and leave the streets, alleys and public places where such work is done in as good condition of repair as before such work was commenced. (cont~d} 24i Council Minutes Contd. Pulaski, Virginia, April 15,141 SECTION VII Whenever, in this Ordinance, either the Town or the Grantee is referred to, it shall be deemed to include the respective successors or assigns of either and all rights, privileges and obligations herein con- tained by or on behalf of said Town or by or on behalf of said Grantee, and shall bind and inure to the benefit of;l the respective successors or assigns of said Town or of said. Grantee, whether so expressed or not. SECTION VIII The Grantee to whom this right, privilege and franchise is awarded shall execute a bond with good and sufficient security in favor of the Town of Pulaski, Virginia, in the sum of One Thousand Dollars, 01,000.00), conditioned upon the construction and putting into operation and maintaining the equipment provided for in the .right, e~ privilege and franchise hereby granted. ' ~- ~ SECTION IX In consideration of the benefits which in the judgment of said Town will accrue to it by reason of the construction and operation of said electric light, heat and power system and as an inducement to said company proposing to construct, maintain and operate said system, the Town of Pulaski hereby agrees with said company that '` no franchise or specific pole or wire tax shall be imposed or charged agains said company, its successors or assigns by said Town during the life of this franchise, but said Town of Pulaski hereby expressly reserves the right of assessing or charging any other valid tax of any other nature whether ad valorum or otherwise which is now i authorized or which may be hereafter authorized by the gene~i~l laws of the State of Virginia. SECTION X This ordinance shall be accepted by the Grantee within .sixty (60) days from the date of the passage of the same. Passed in the Council- this 15th day of April, 1941. (Signed} E. ~4. Calfee %ayor. Attest: (Signed) Lottie R. Bunion Clerk. Approved this 15th day of April, 1941. (Signed) E. W. Calfee ~dayor. 24 S Council ~dinutes Contd. Pulaski, Va., April 15, 1941 On motion Wade, duly seconded and unanimously passed, the Mayor and the Clerk were authorized to ex- ecute on behalf of the Town of Pulaski, the following contract for furnishing street lighting service: STREET THIS AGREEMENT made and enterec~.nto this 1st LIGI3TING day of April, 1941, by and between i~PPALACHIAN ELECTRIC CONTRACT PO~Eg COMPANY, a corporation (hereinafter sometimes called "Contractor~T), and the Town of Pulaski, state ofVirginia, (hereinafter sometimes called t~Municipality"). W I T N E S SET H The parties heretq,each in consideration of the covenants and ~reements of .the other as hereinafter set forth, agree as follows: 1. Contractor agrees to provide and maintain a street lighting circuit in the Municipality, con- silting of the following number, candle-power and type of lamps, viz: Candle-Power Type Number of Lamas Manufacturers Rpt~ng 600 Standard Overhead ._ 99 ... 400 ~ " 5~5 , .. 250. _ " n 17~ 100 n n 80 " " ~r... - ~ ..:::. Candle-Power Type _ Number off, Lamas _ ~~~~c~pg~ ~ p ~~~8 600 Standard Overhead :400 ~ n 250 n nn 100 n n 80 t' n together with electric energy through a general system of overhead distribution, sufficient to operate said lamps continuously from one-half hour after sunset until one- half hour before sunrise, every night and all night, approximately Four Thousand (4000) hours per annum during the term of years hereinafter set forth. Said lamps shall be so maintained and operated that they will give the maximum amount of illumination obtainable under commercial conditions. y 1 r (cont~d) 249. Council Minutes Conttd. Pulaski, Va., April 15, 1941 2. Contractor agrees to install such additional lamps of respective candle-power and types above specified as the Council of the Municipality may on its written order, from time to time, require, payment for the service of such additional lamps to be at the rate hereinafter specified, provided, however, that one additional lamp of not less than 00 , candle-power shall be installed for each extension of 300 feet from the street lighting mains of the Contractor. Whenever additional lamps are so ordered, the minimum number of lamps to be furnished throughout the remainder of the period covered by this contract shall be increased accordingly. Temporary lamps, if ordered, shall be furnished under special contract. It is further agreed that the location of the minimum number of lamps contracted for, as specified in "l~f above, -shall be as shovrn on the blue print on file in the office of the Clerk of the Municipality. 3. Contractor shall keep es.ch and every lamp `~^ * contracted for ire operation during the time provided and ?~ the Munbipality may Hake deduction for failure to operate ="= any one or more of said iamps•in the following manner: ~~ ~ For all outages which shall be reported daily in wiitin to the Contractor b the B y proper officers of the Municipality, the Municipality may deduct from the Coal monthly amount which would have been .paid for any lamp had no outage occurred, a sum bearing the ratio to such total as the period of outage bears to the tota~ time the lamps should have been lighted in any month; provided, however, that should the lighting of any lamp or lamps be stopped by unavoidable accident, the Contractor shall be allowed twenty-four (24) hours after notice of the ' outage in which to again light such lamp or lamps without being liable to deduction as above provided. 4. It is further agreed that lamps shall be moved by the Contractor to such new locations as the Council of the Municipality .may, by writing, direct, subject, howe~-er, to the following conditions: Such moving of lamps shall be completed within ten (1~~ days after receipt by the Contractor of written notice from the said Council (Sundays, legal holidays and stormy days not to be counted), provided that the number of such ~' removals shall not exceed one per day and provided, further, that such removals of such lamps shall not be required on Sundays, legal holidays and stormy days. Notice that the work of such removal of lamps has been completed shall be given by the Contractor to the said Council within ten (10) days after the completion of the work. ~.'he actual cost to the Contractor of making such relocations shall be paid b the Municipality to the Contractor within thirty (30~ days after such notice has been given. 5. The Municipality agrees to accept the service herein contracted for during the term hereof and to pay therefor at the following rates: (cont~d) 25a _ Council Minutes Contd. Pulaski,Va., April 15, 1941 LA~dPS N0~1 INSTALLED ON EXISTING FACILITIES For each 600 Candle-power Lamp, ~ per month. For each 400 Candle-Power. Lamp, ~ 2.45 per month. For each 250 Candle-Power Lamp, ~ 1.x,5 per month For each 100 Candle-Power Lamp, ~ 1~ per month. For each 80 Candle-Power Lamp, per month. For each Candle-Power Lamp, per month. For each „_ Candle-Power Lamp, ~ per month For each Candle-Power. Lamp, ~ . per month.. BPS REQUIRING NEW FACILITIES OR ADDI TIONS TO PRESEN T '~ILITI " For each 600 Candle-Power Laz~p, ~ ner month. For . each . . 400 Candle-Power Lamp, ~G ,x.65 per month. For each 250 Candle-Power Lamp, $~„~_,per month. For each 100 Candle-Power Lamp, ~C ~_gp per month. For each 80 Candle-Power Lamp, per month. For each . Candle-Power Lamp, per month. For each. ... Candle-Power Lamp, ~ per month. For each .Candle-Power Lamp, ~ per month. It is understood and agreed between the parties hereto that during the term of this contract, the above rates shall not be increased, and further that if there is a reduction in said rates, applying generally to other municipalities or ordered by the State Corporation Commission of Virginia,. the said Town of Pulaski shall have full benefit of any reduction in rates so made. .Bills are due and payable on or before the 10th day of the month succeeding that in which the service is rendered. The above prices are subject to a discount of 29~ if payment in full is made within thirty days of date of bill. The Municipality agrees that in case any additional lamps are ordered it will pay for the same at the rates and in the manner above specified for and during the period from the date of the installation of such lamps until the termination of this contract. 6. The Contractor shall, at its on cost, furnish all lamp renewals during the term of this contract. 7. This contract shall be and remain in full force and effect for a period of ten (10) . years from and after the 1st day of April, 1941. 8. CANCELLATION 0~' CONTRxCT BY OPTION OF CONTRACTOR If the Municipality shall make default in the payment of any bills as hereinbefore provided, the Contractor may at its option, of ter having given ten (10) days written notice of its intention so to do, discontinue the service herein contracted for and con- tinue to withhold the supply of electric energy for street lighting until such time as the Municipality has made payment for all bills in which it is in arrears. Any such suspension of service by the Contractor shall not terminate this contract unless Contractor so elects. Otherwise, upon payment by the Municipality of the amount it is in arrears, the contract shall remain in full force and effect for the period herein specified. 1 €E~nt ~d) r x`51 Council Minutes Contd. Pulaski, Va., April 15, 1941 9. The ~dunicipality as for the promises and agreements herein set forth, hereby grants the privilege of the use of the public places of said Municipal placing its poles and equipment contract. a further consideration made by the Contractor to the said Contractor streets, alleys and ity for the purpose of for carrying out this 10. The Municipality agrees that during the life of this contract it will provide in its annual budgets and estimates and levy of taxes sufficient funds to pay the Contractor a ~r amounts due it. 11, All and singular the terms and conditions of this contract shall be binding upon and inure to the benefit of the parties hereto, their respective successors and/or assigns. ~~ ~~ ~-- n I i '~ L IN WITNESS WHEREOF, APPALACHIAN ELECTRIC PO~niER COMPANY has caused .these presents to be signed by its President and its seal hereunto affixed, attested by its Secretary and the Municipality of Pulaski has caused these presents to be signed. in its name by its Mayor and Clerk and its seal hereunto affixed, attested by its Clerk on the day and year first above written. APPALACHIAN ELECTRIC POVdER COMPANY (SEAL) gy x. ~. Sawyers (Signet) TTEST: Vice- President Signed) J.r .~dcMillan Asstt - Secretary TO~iN OF PULASKI, VIRGINIA By (Signed) E. W. Calfee (~ayor) (SEAL) By__ (8i~ned~ Lottie R.Runia~Clerk}`' ATTEST: (Signedl Lottie R. Bunion Clerk. (cont~d} ', yl 252 Council Minutes Conttd, Pulaski, Va., April 15, 1941 On motion made, duly seconded and unanimously passed, the Mayor end the Clerk were authorized to execute on behalf of the Town of Pulaski, the following Power Contract: POWER THIS AGREEMENT made and entered into this 15th day CONTRACT of April, 1941, by and between APPALACHIAN ELECTRIC POWER CO~dPANY, a corporation (hereinafter sometimes called t~Companyn, and the Town of Pulaski, Virginia, by and through its Mayor, (hereinafter sometimes called nCustomern); W I T N E S S E T H For and in consideration of the mutual covenants and agreements hereinaf ter containe@, the parttes hereto agree with each other as follows: 1. The Company agrees to furnish to the Customer during the term of this agreement, and the Customer agrees to take from the Company, subject to the following terms and conditions, all the electric energy of the character specified herein that shall be purchased by the Customer for the operation of Customeris Water ~lorks Plant located at Town Reservoir, Pulaski, Virginia. 2. The Company is to furnish and the Customer is to take electric energy and pay therefor under the terms of this agreement for a period of one (1) year from and after the 1st day of April, 1941, and thereafter in successive periods of not less than one (1) year each,. until either party shall give the other not less than sixty days notice in writing, of its or his election to discontinue the service at the expiration of any said specified periods. Subject to strikes, litigations, or other causes beyond the reasonable control of the parties hereto, the Company shall make delivery of electric energy hereunder and the Customer shall begin to take such electric energy not later than the aforesaid date. (contd.) ~, 25 3~~~ Council Minutes Conttd. Pulaski, Va., April 15, 1941. 3. The ~leCtric energy delivered hereunder shall be alternating current at approximately 220 volts 3 phase and it shall be delivered at pumping station which shall constitute the point of delivery under this agreement. The said electric energy shall be delivered at a reasonably `' close maintenance to constant potential and frequency and it shall be measured by a meter or meters owned and install~-d by the Company and located at pumping station The Company shall provide and install in a suitable place to be provided therefor by the Customer at the point of delivery of such energy, the following equipment, viz: ='~ One standard, polyphase, integrating, ~.-. '~ watt-hour meter to measure the energy d delivered to Customer. Customer further agrees to operate its pyimping equip- went in such s manner as will maintain an average monthly power factor of not less than 85~. 4. The Customer hereby agrees to pay the Campany monthly for electric energy delivered hereunder at the rate off' 1-1/4¢ per kilowatt-hour. The above tariff is subject to a minimum monthly charg~¢ as folows:_ 51.50 yer horse-pov~er of connected load (based ._,,. 4~_manufacturer~s rating) M _ All bills for such electric energy furnished by Company to the Customer shall be computed on a monthly basis in accordance with the foregoing charges and shall be due and payable by Customer within a period of 15 days from the date thereof. 5. The energy furnished hereunder shall be devoted exclusively to the operation of Gustomerts said water works plant and Customer shall not in any event use the energy !' supplied hereunder for any other purpose. ~. {cont~d) ~~ X54 _ Council Minutes Conttd. Pulaski, Va., April 15, 1941 6. The Company will use reasonable diligence in furnishing a regular and uninterrupted supply of energy, but in case the supply of fails by reason of an act strikes, legal process, S breakdowns, injury to the distribution lines of the such energy is interrupted or of God, the public enemy, accidents, tats or municipal interferences, machinery, transmission lines or Company, extraordinary repairs or other causes beyond the reasonalbe control of the Company, the Company shall not be liable for any damages due to such interruptions or failure in the supply of energy to Customer; for interruptions occasioned from any causes other than as above set forth, the liability of the Company shs.ll be li~aited to 5 times the amount the Customer would have paid for energy during the period of such interruption. 7. It is further understood and agreed that the Company assumes no duty or obligations to furnish or guarantee any supply of water for any purpose whatsoever and it does not guarantee continuous or uninterrupted power service. The use by Customer of power furnished under this contract for pumping water for the purpose of fire protection shall not in any case subject the Company to liability to Customer or to any taxpayer, property owner, or inhabitant of Customer for damages due to failure in water supply resulting from an interruptionof or deficiency in the power service supplied. from whatsoever cause such interruption or deficiency may arise. The Customer hereby undertakes and agrees to indemnify and save harmless the Company from and against all loss, costs, damage and expense end from and against any and all claims or demands therefor on account of injury to persons or property which may be caused by failure in the water supply of the Customer due to interruption or deficiency in the quantity of energy supplied by the Company. (cont~d) ., 2 ~. 5 =r Council Minutes Contd. F Pulaski, Va., April 15, 1941 ' ~., ., 8. The Company hereby assumes all risks of and liability for injury (except such as is caused by the negligence of the Customer and/or persons, firms and corporations to whom water is supplied by Customer} to persons and property occasioned by electric energy on its own lines up to the point of delivery fixed as above provided, and shAll indemnify and save harmless the Custome~i from and against all liability so assumed by it; but it shall not be liable to any extent whatever for any injury (except such as is caused by its own negligence) to persons or property which may be caused by the energy delivered by i~t ,~,~, ,~,~ beyond the point of delivery ~f such energy. ~ The Customer hereby assumes all risks of and liability for all in~uj'y(except such as is caused by the negligence of the Company) to persons and property occasioned by electric energy on its own lines and equi-pment beyond the said point where such energy is delivered to it by the Company and shall indemnify and save harmless the Company from and against all liability so assumed by it; but it shall not be liable to any extent whatever for any injury (except such as is caused by the negligence of itself and/or persons, firms or corporations to whom water is supplied by it) to persons or property which may be caused by the energy delivered to it up to the said point of delivery. 9. The Customer .agrees that properly authorized agents of the Company shall. at all reasonable hours have free access to any premises owned by or under the control of Customer wherein or whereon any equipment of the Company is located, for the purpose of examining, repairing or removing any such equipment of the Company. i All such equipment of the Cor.-pany shall be and ' remain the personal property of the Company and be subject to removal by it upon the termination of this contract. (conttd) 256 Council ~dinute~Cont'd. Pulaski, Va., April 15, 1941 10. If the Customer shall make default in the payment of any bills as hereinbefore provided, the Company may at its option, after having given ten (10) daysf written notice of its intention so to do, discontinue the service herein contracted for and continue to withhold the supply of electric energy until such time as the Customer has made payment for all~~bills in which it is in arrears. Any such suspension of service by the Company shall not terminate this contract unless Company so elects. Otherwise, upon payment by the Customer of the amount it is in arrears, the contract shall remain in full force and effect for the period herein specified. 11. All and singular the terms and conditions of this contract shall be binding upon and inure to the benefit of the parties hereto, their respective successors and/or assigns. IN ~ITNES5 ~'VHEREOF~ the parties hereto have caused these presents to be executed in duplicate by their duly authorized officers on this the day and year first above written. (SEAL) Attest: ,~Sianed,~F. W. Uraeer .Assistant Secretary (SEAL) ATTEST: ~Siuned) Lottie R. RuniQn Clerk Appalachian Electric Power Company Hy (Signed) H. M. Sawyer Vice President Town of Pulaski, Virginia By (Signed). E. ~I. Calfee Mayor 1 fl (cont'd) 257 t ~~- r~+ 1 Council ~inute~s Contd. Pulaski, Va., April 15, 1941 ~~ Mr. E. W. Hogg, on behalf of the Appalachian Eloctr~c OLD P04dER MOUSE LOTnPower Company, offered to sell to the Town of Pulaski for the sum. of Five Hundred 0500.00) Dollars, a certain lot on Jefferson Avenue and First Street, North, known as the ~~Old Power House L©t", fronting 84 feet on the west side of Jefferson Avenue at the corner of First Street, North. On motion made, duly seconded and unanimously passed,; this proposition was accepted, and the Appalachian Electric Power Company was directed to have executed to the Town of Pulaski, a deed for said property. Pulaski, Virginia. ~-pri1. 15, 191+7.. BID OF .~+PP~LbCHI~N ELECTRIC PO~~R C09dP1tNY FOR PBOPOS~ FR1~ICHISF,. To the Mayor, and as such President of the Council of the Tom of Pulaski, Virginia:. The undersigned, ~ppalaa3iian Electric Power Company, hereby file this, its bid, for the franchise as advertised and proposed to be sold and approved by the ~[ayor of the Torn of Pulaski, Virginia, on the ISth day of bpril, 191,1, under an ordinance of the Co~;ncil of the Town of Pulaski, Virginia, entitled: "fin Ordinance proposing to sell and grant a franchise for an electric light, heat and power transmission and distribution system in the Town of Pulaski, Virginia., and invitin ids ther ors, and hs y %~~ offers to gay for such fra.nchiss the sum of ~ i~~ 2 c~-, p o ~~ 0 `~ for which certified check payable to said Town of Pulaski, Virginia, is herewith enclosed, and the undersigned agt~ees to accept such franchise, if granted, and to comply with the terms and provisions thereof as the same has been .advertised. ~PP.bL~C.~Ii~N ELECTRIC i'O~R COMP~bTY w .~~ District Manager I i ~5$ Council Minutes Contd. Pulaski, Va., April 15, 1941 The following is a certification of publication of the ordinance for the franchise of the Appalachian electric Power Company: I, T~ , a Publisher of the SOUTH3~EST TIl[ES, a newspaper published in the Town of Pulaski, Pulaski County, Virginia, do hereby certify that the annexed ordinance proposing to sell and grant a franchise for an electric light, heat and power transmission and distribution system in the Tom of Pulaski, Virginia, and inviting bids therefor, hae been published in said paper voce a creek for four consecutive weeks, commencing; on the ,~~ day of _ 19~,(,,, and ending ;..with the issue of ~ 19~. Given under my hand this ~ S d4y of ~ lg~, Editor or Publisher. There being no furhter business to come before the meeting, it was upon motion, adjourned at 10:45 A. ~I. Attest: Clerk of Council kPPR ED day