HomeMy WebLinkAboutORDINANCE 0018-1961A~.~ 0KDI~ANOE oPJ~rrI~IO A FRANCHI$£ TO THE F~.IAI P~,~
OORPOP~rIO~I, 1TS 5UCCE$$0R5 A~ID A$510~5, TO 0P£P~TE
AI~D ~IAI~[rAi~I A,~ £r,~,CTRIC UTILITY $¥$T~ I~! THE CITY;
AI~D sErTI~O FO[fI~ THE TF, P~4S T~IEREOFo
BE 1T 0~DAINED BY THE COU}ICIL OF Ti".'-:. ~;'-i'Z 5F ~BAI,
Se~ion 1. Short Title. T~is Ordin~ce s~ll be ~n and ~y be
~te~ ~s ~ "~nai Po~er Corporsti~ Fr~cbise Ordinance,"
Se~ion 2. ~finitions. For the purposes of this Ordinance, the
foll~i~g te~, phrases, gords and their derivations s~ll h~ve the
gfv~ herein, i'~ n~ inconsistent ~ith the contel, words ~ed in ~he
preset te~e i~lude the ffuture, words fn t~ plural n~ber include the
~ul~ n~ber, ~d ~ords in She singular number include the plural n~ber.
The vor~ "shall" is al~ays ~nd~ory and n~ ~erely girec~ory.
~1) "City" is the City of ~i, Alaska.
(2) "Ccnp~n? is the K~ai Po~er Corporation, an
corporati~, gr~tee of ri~ts ~r this fr~hise.
{3) "Co~cil" is the ~ouncil off ~he City of Ken,i,
(4) "Sy~em" is the ele~rfc~l utility ?o~erSfe~ ~ff ~h~
used and us~ul in co~eetion ~i~h ~he generati~ ~d distribution
ele~rfc e~rgy.
(5) "5treecs" s~ll include streets, sidewalks, alleys and ~r
public thoroug~res and places in the City.
Se~ion 3. Gr~t off Authority. The City does hereby gra~ ~o the
Conp~y, its successors and assigns, the ri~, privilege ~nd fr~nchise to
ecnst~ct, acquire, o~, operate, and maintain a system for the distribution
and sele of electric energy for ~ny ls~ul purpose, and for these purposes
grantee ah211 have the right, privilege and franchise to erect, ~aintatn, operate,
use and replace a distribution system of poles, steel lattice towers, underground
conduits, wire and necessary app~rtenanca~ for the trans~fssion and distribution
of electric current under and upon the streets of the City.
(1) Non-Exclusive Grm~t. Nothing herein shall be construed as
granting an exclusive privilege for the use of any street, or any pert
thereof; provided, that the grantee of similar rights and privileges shell
not in the exercise of the same unreasonably interfere with the exercise
of the rights a~t privileges granted herein.
(2) ~xclusive Franchise. To the extent now permitted by law, this
franchise shall be and is exclusive, for the aforesaid purposes, and a
franchise for the same purpose or purposes shall not be granted to any other
person, firm, corporation or entity; provided, however, in the event of the
annexation to the City of areas in which there is already located a public
electrical utility this franchise shall not be exclusive as to such areas
which ate provided electric service by said other utility. Provided,
h~es~r, the above shall ncr be construed as Rrohibittng the Homer Electric
Asso~la~Imi fro2 continuing to £uzntsh service to its presen~ customers.
hereunder, the City agrees not to engage in the business of distributing
end selling ele~ric energy during the term of this franchise in competition
~ith the ¢o~pan¥, it~ successors or assigns.
Section 4. ~ompliance with Ap~licabl~ [$ws and Ordinances.
(1) The Company shall at all ti~es d~flng the term off this franchise
be subject to all ls~ful exercise of the police po~ of the City.
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(2) Th~ ter~ of thi~ franchi~e ~e hero,by ~ub.leeted to all valid
enactment9 of '~h~ Legislature of Alaska and of an! properly created or
empovered Public Service Co~i:~icn of the 5~ate.
Section 5. ~o~a~[ L~ab~lt~_t~ - Inde~nffication. The Company shall
save the City harmless fro~ all los~ ~u~tained by the City on account of an~
suit, ~udg~er~, e~ecutien, clsi~, cr ~e~sn4 ~ha~soever, re~ultfng from negl~-
ina he con~cruction, operation or ~aintenance of its electrical
City, ant1 operations appurtenant thereto. The Company shall maintain public
liability insurance for bodily injury in the amount of $100,000/~500,000 and
proper%7 damage insurance in the a~ount of $250,000.00, eontainin~ such
de~uc~ible a~ounts as ~ay be approved by the City.
Section 6, Service Standards and Controls. The Company agrees to
provide sad =sintain its entire plant and system in such condition that it ~ill
furnish safe and adequate service~ and agrees to construct and perform replace-
· en$s.mid conduct operations in co~pliance ~!th the National Electric Safe~y
Code of She U. $. Bureau of Standards.
(1) _l~pairs, ~otice of Interru~tions. ~enever it is n~cessary ~o
shu~ ~ff or interrul~ service for the purpose of making repairs or
ins~all~ions~ the Company ~t!l s~teml~C to do so a~ such reasonable ti~es
as will es~se the least amoun: of inconvenience to its patrons, and unless
such repairs are unforeseen and tm~ediately necessary, it shall give
reasonable no~ice thereof to the customers consistent v~th safety to the
Company personnel.
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(2) Restoration Afte~ Des:ruction. In c~se :he system at' the Company
s~,all be partly or ~holly destroyed or incapacitated, :he Company sha[l
restore or repair said system ~fthtn the shortest practicable
(3) :4eter Accuracy. All electric current shalz b~ supplied through
meters ~hich shall accurately measure the a~ount of electricity supplied
any ~er. An exception ~ay be made by the Co~pany fn the ease of
electrical energy sold to the ~ity for street l~ghts or to other users,
e~ther for similar purposes or under circumstances ~here the load is so
nearly c~stant as to be reas~ably ~easurable ~tthou: the e~ense of
i~stalling and maintaining ~eters. ~e C~pany ~hall at ant :t~e ~hen
re~ested b~ a co~m~r test the accuracy of ~ meter. If upm test
is fo~d that ~ch meter ove~uns ~o the e~ent of ~ or more, :he
shall pa~ the cost of such tes~ and shall refund overcharges collected, or
give credit flor overcharges bil~ed, at the rate ffound ~naecurate, for the
la~ ~o billi~ periods or, if poss~ble to deter~ine vhen th~ meter
bec~e ~ccur~e, ~hen fro~ th~ date. If the meter is found to be
ae~rate or 51~ or less than ~ fas~ the customer shal~ pay the reasonable
cost off s~h tegt~ng. A report giving :he result of each such tes~ shall
be ~de to the cobuyer. ~y ~e~er found inaccurate up~ test beyond
tolerance of 1~ s~ll no~ be retu~ed to ser~ce ~til properly
(4) Pir~ Power. Electrical ~nergy, ~o!d, suppliir and delivered under
this franchise, shall be m~intained to vary not more than an average, plus or
· inus, of five percent (5~) at any company service drop, and such voltage as
s~ll be e s~e ~d assured suppl~ for alt custo2ers. The Compan~ shall equip
i~self ~ith complete, standard measuring devices to maintain a continuous
reading o~ the voltage at the point entering the distribution syste~. A cop~
off t~e voltage ~eadings shall be ffiled monthly ~i~h the City.
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e~ts~li~h reas~ble rule~ and reguia~i~ for the conduct of the Comp~y~
~o conoumer~ ~ai~h the Cily ~d pregcribing ~he for~ of a~licati~ ~d c~racto
to be e~e8 by a~llc~9 before ~hey are entitled ~o recel,~e ele~rtczl
service fro~ the Company. Provided, h~ever, the Co~pa~,~ ~t~all f£~t file ~i~h
the CiW Cl~rk~ or o~her tesigna~ed giW offici~l, ~ cop~ of ~h rule%
lotion~ a~ ~her do~t~ shc~i~ ra~e~, te~s a~ c~iti~, ~g all
not be in conflict with the provi.~ion~ hereof or of the lawo of the S~ate of
Alaska an/ sh~ll be ~ubject to t~ ~pproval of the hblic Servic~ ~i~i~
~her r~gulstor[ body of the StaSe ~ Alaska having Juri~tialon i~ ~
I~ i~ ~gers~ood that t~ Comp~y 9h~11 h~ve $he ri~ and p~or
~s~o~re~ ~or~ies ~g~ ~11 re~o~ble hour~ for ~he ~rpooe ~
ex~mi~ng or in~ecting e~erior ele~rical c~ec~ion~ if end ~ tho
$~ction 8. Coniitiono of Street ~c.cupanc~. All c~no~ruction o£
structure= ant replacements and ~aintenance of s~ructures and r~place~ents sh~11
be porfor~d in a safe and ~ar~anlike m~r o~ occording to tha ninim~
st~dard~ or be~ter of t~ ~oressid
(1) ~cati~. Subject ~o City Approval. ~I~n such co~truc~ion or
repl~oe~en~ of ~oles, ~o~ers or ~her
~y street, ~le~s an emergency exits, previou9
loo~ion of such c~structi~ or replace=~ ~hall be giv~
reasonable time to a?rprove or reject the proposed construction or replace-
ment and its location. If the City does not re.~ect the proposal ~ithin four-
t~en d~ i$ sh~tl ~e dee~ed to hsve been ~roved b7 the ~ity.
rejected ~ithin fourte~ d~ys the ~i~y ~nd Compri sh~ll cor~er ~nd
· lSe~ive m~thod ~11 ~e ~greed upon. Iff no ~gree~ent un the re~on-
sblene~s of t~ plsn for ezc~v~tion c~ be re~ched, the p~rtles shsll
~b~it the ~ter ~o arb~tr~tion.
use, and u~zcefisary ~lay in re~torang to ~obstructed use, of ~:reets
(3) ~s~or~tion ~e~u~red. ~[t~hin a reasonable time and as earlF as
pra~icable upon the e~pletton o~ any :on~tructi~ or repair ~ork,'the
Ce~y s~I1 restore ~r street to as ~ood or better c~diti~ th~ ~tsted
prevlou~ to its being di~urbed by it or its agars. The CiW and the '
~y shall co.eraSe ~h~n~ver ~asibl~ by agream~s re~ul~i~
be~~s ~ in~erch~e of 9er~s.
(4) ~v~nt of Facilities. ~en~ver in t~ Judgm~t of ~he Co.oil
t~ ~lie interes~ requires a c~e in loc~tion of any pole or rover, or
aerial line, or the change off an '~rial line to ~ undergro~d line. :he
C~y up~ re.est ~hall determine and advise the Council of tha overall
oos~, ~hereupon the Co.oil in t~ case off ff~asible proJect~ may
lesol~ia require the Co.ant to efffec~ such change~ provided that
ra~e base of the Company is increased b~ the actual cost off
mt~ after alliance ~s been made flor :he valu~ off salvageg
equicor.
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5action 9o Preferences Prohibited. The Company she11 not as to rates,
charges, service facilities, rules, regulations, or in any other respect ~ake or
grant any preference or adrcnt&g~ tc any person, fi~, corporation or other entity,
nor subject Shy such person, firm, corporation or other entity to any p~ejudtce
or disadvantage; provided, however, nothing herein contained shall be construed
to prohibt~ the establishment from time to ti~e of a graduated scale of charges
end classified fete schedules to which any customer qualifying for such scale
or classification shall be subject°
Section 10o A~proval of Transfer. The Company shall not sell or
· rensfer its system to another or transfer ~n~ rights under this franchise to
anther unless ~he Council shall approve such sale or transfer. Approval of the
Council shall be withheld only upon reasonable grounds, ~htch shsii be stated to
t~s C~psny° It is understood that the Company may either ~wn or construct its
~nplant or ~orks for the generation of electrical energy sold ~nd distributed
in its $Tstem hereunder, or it may cause such co~truction by ~ncther corporation
£~hich it may purchsse the electrical energy so sold and distributed, and
~his generating plant and ~orks may be ~th~n or ~ithout the corpor~e limits of
the City. Notlttng herein contained shull be construed to require consent for or
to prevent the Co~panyfro~ ~nclud~ng this franchise or any of its property in
Shy mortgage or trust deed executed for the purpose of obtainin~ ~oney for cor-
porate objects or prevent any transfer or sale of this franchise or Shy Company
propert~ by foreclosure of such mortgage~ deed or trust. No sale or tr~nsffer
shell be effective until the vendee, assignee or lessee has filed in ~he office
~ the City Clerk an instrument duly executed w~ch r~=ites the facts of such
s~le, a~s~gnment or lesse and accepts the terms of the franchise and agrees to
perform ell the conditions thereof.
5eetlon 11. Ci,y Rights in Franchise. The riaht is hereby reserved
to the City to adop~ I'rom %ime to time, in addition to the provisions herein
contained and contained in existing applicable ordin2nces, such additional
repulsions ss may be deemed necessary fn ~he exercise of f%s police
provided, ~hs~ such regulations, h~ ordinance or otherwise, shall be reasonable,
and no~ in conflic~ wi~h ~he tfghgs herein granged, ~d shall no~ co~llc~
~be laws of ~he S~e of Alaska.
(1) 5upet~sion and IgspeCti~. The City reserves ~he ~igh~ ~o
supermac all con~tuc~ion, in~slla~ton or repair work fnvol~ng or
affecting ~bltc streets subject to the pro~st~s of this 0rdfn~ce
m~ ~ke ~ch inspection ss it deems necessary ~o insure compliance with
the ordt~nces of the City end the rules and regul~ions of shy Public
Ser~ce Co~issi~ or other regula~o~ body of the ~tste of Alaska
Jurisdi~ion ~ the premises.
(2) For the purpose of re~lstion and c~tral of rates for ser~ce
wi~in the City, ~here ts hereby reserved ~he right of ~he City to approve
in 8dw~e major capital t~rovements and property purchases or s~les by
the Co. any ss well as the ~1~ for fin~ncing ~he same, tf -~he costs
associated with said improvements, purchases and sales substantially alter
the r~e base.
5cction 12. Term of Franchise - Purchase by, City on Expiration.
T~e rivet, privileges and franchise hereby granted to the Company shall extend
for a team of twenty years from the effective date hereof, unless sooner
surrendered by the Company, ~nd upon expirmtion or termination thereof may be
renewed, modified or ex%ended as may then be agreed between the City and the
Company and in the manner and method then provided by law. Upon the expirstion~
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termination or surrender oF this franchise, the Company shall have the right to
salvage all of its works, pl~n~ and f~cilitie¢ s£ter pos~a~ reasonable bond
satisfactory to the City to insure the restoration of City streets and alleys
damaged by such salvage operation.
Provided, however, at ~he termination of this franchise, the City at
its election and upon-the payment o£ the fair valuation thereof may purchase and
take over to itselff the system, works, plant and other property of the Company
in the City in its entirety. In such even~, the Council may require upon ninety
days notice that the Company submit a ~tatement settin~ forth the value of all
its property used under this franchise and stating the sum which the Company is
willing to accept as the price thereof upon sale to the City. Provide further
that the Company shall not discontinue the furnishing of electric energy to the
City by reason of surrender of this franchise except upon one years notice to
the City.
If the Council deems the price stated by the Company to be unduly high
and disadvantageous, it may require that the question of fair valuation, including
going concern value, be referred to a board of appraisers compowed of three
professional engineers, each off,bom shall hav~ had at least five Toots e..~er!ence
in the design, construction and operation of electric utilit~ systems in cities
and in addition thereto five ~ears experience in the valuation of public utility
properties of equal or greater magnitude then that to be appraised. One of said
appraisers to be selected by the Ctt~, one by the Company and ~he t~o ~hus
chose, ~o select the third. The third appraiser shall not be otherwise employed
by or connected directly of indirectly ~ith th~ City or the Company. Yn case
the two appraisers chosen by the parties cannot agree upon the third appraiser,
he shall be appointed by the Presiding Judge of the U. $. DistrAct Court for
Alaska. 5uc4 a Boar~ of Appraisers shall inspect and make inventory of the
1
property proposed to be purchased by the City ~nd for such purpose shall have at
all times unrestricted ~cc~ss to allp. ep~..~,~ o~+,, prc~e~, ~"'~, records and
reports of the Company. The Board of Appraisers shall hear any evidence presented
by either the C~ty or the Company, and shall fix a value on t~e property ~o be
purchased by the City as such proper~y existed st the time ~hen notice ~as given
of the intention of the City to purchase. The Board shall file with the Council
a full and detailed report recommending a fair price to be paid by the City for
the proper~y tc be purchased. Tho ~v e~8 ~he Company ~o~ ~- ~--~.- :ha;~
and share alike, the cost, including fees and expenses of the third appraiser,
and the cost and the expenses of the Board, but the costs, including fees smd
expenses of the o~her two members of the Board of Appraisers shell be paid by
their re~ect~ve nominators; the cost and expense of the introduction of evidence
before the Board of Appraisers shall be raid by the parties by or on ~hose behalf
such evidence is introduced. If the Ci~/ Council determines that the purchase at
such price would be advantageous and Just to the citizens of the City, it shall
proceed ~ith such purchase in the manner provided by la~. Provided, however,
that if either party is dissatisfied ~ith the valuation fixed as above set out,
it ~ay file in the Superior Court having Jurisdiction over the City of Kensi the
appropriate type of action for Judicial determination of the value of said system.
Section 13. Yranch!se Tax. As a consideration for the granting of
this franchise and for administering the same, the Company agrees to p~¥ the City
one percent (1~) of its gross revenues reoeived from the sale of electric energy
within the corporate limits of the City, and as such limits may hereafter be
axe, ended. The Company shall file by April 30th of each year ~ith ~he City a
written verified statement of all gross revenues arisin~ from all sales of
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electric energy by ~he Company wit ..... the City for the calendar year immediately
preceding and pay the franchise charge to th= City for ~uch year.
TMs franchise is granted subject to any City ordinance imposing on
the Co=pany the duty to collect end pay to the City any consvmer sales or other
taxes imposed on the consumer by the franchise tax above provided for, but shall
be in lieu of any regulatory tax that may hereafter be levied by the City on any
classification of business in which the Company may be classed or any advalorem
tax on distribution facilities (but not generating facilities) located within
· kh,~ Ci~y.
Section 14. Re'ce of Return - Savings to Customers.
(1) R~te of Return. Rates will be determined and set in the manner
prcv!4ed by law but shall be such as to result in 2 reasonable rate of
re~urn not exceeding eight per cent (~) on such rate base as may be
determined from time to time and such return as tn allow ~he Company to
maintain its credit and attract new, borrowed and equity capital.
Reasonable sums shall be allooed for contributions to civic and charitable
organizations. The City shall have the right at reasonable times to
examine the books, vouchers and records cf the Company £or the purpose of
verifying co,ts and investmants, statements of gross annual revenue from
sales ~ithin the Otty, and for any other reasonable purpose connected with
~he rights, duties and privileges under this ~ranchise, ~nd a~ the end of
each year may audit said books, vouchers and records. Each year the
Company shall file with the City the annual statements required by
Section 49-1-4 ACLA 19a9 as amended.
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II
I Il
~'he electric po~er ,_old un.~,or
to the Company o ., !ranchise tz deer~,a?rd b'!
valid order of tho Public Service Comnd~ion nr any other body havXn~ conpoten't
~urtsdiction, the Compony agrees that comnencind ~tth :he first day of the
calendar year thereafter succeeding such change, it ~itl pass on to its
,-~ential and commercial customers and consumers any s~vin~s %esulting
therefrom.
Section 15. Joint Use AEreements.~. For the purpese of public betterment
and improvement and relievin~ the streets of undue obstruction, the Company agree~
to Joint use of portions of its overhead and under,round system structures with
other utilities by Joint a~reements and for reasonable compensation, which afroo-
merits shall be filed with the City not less than thirty dmys before the proposed
effective date thereof.
5action 1~. Penalties and Forfeiture of Franchise. Any person, firm or
corporation found guilty of willfully violating any provxsio~ of this ordinance
shall be fined not less than Ten Dollars ($10.00) ncr more than One Hundred Fifty
Dollars ($150.00) for each offense. In case of failure by negligence or willful
act of the Company, its successors and assigns, to comply with any of the provis-
ions of this ordinance, or if the Company, its successors and assigns, negligently
or willfully do or cause to be done any act or thing prohibited by, or in violation
of the terms of ~hts franchise ordinance, the Company, its successors and assigns,
shall forfeit all rights and privileges created by this ordinance and all rights
hereunder shall cease unless such non-compliance or prohibited act or thing is
corrected within forty-five (45) days after receipt of ~ritten notice of forfeiture
durected to the Company at its Kenai office by regist~red U.S. mail. The rights of
'~he C~mpany hereunder shall not be forfeited unless suc~ notice is given and unlcss
such non-compliance or prohibited act or thing is not corrected by the Company with-
in forty-five (g5) days after receipt of such written notice of forfeiture. Pro-
vided however, the running of the forty-five (45) days period shall be suspended
when non-compliance is prevented by Governmental orders, Public enemies, fire, flood,
quarantines, epidemic, strikes, embargos, severe weather, default of contractor or -12-
acts of Ood.
Section 17. Arbitration. I./hen agreements required by this Ordinance
or respecting interpretation of same cannot be reached between the City and the
Company, the matters in dlspu:e shall be submitted to arbitration and the
decision of the arbitrators shall be final, subject to the right of Judicial
~. The City and the Company shall each nominate one srbxtratcr
and they shall select a third.
Section 18. Election costs. The rea~onab~r costs of the election to
ratify this Ordinance, including publication and legs! costs, will be borne and
assumed by the Company and paid to the City.
Section 19. Effective Date and Acceptance. This Ordinance shall take
effect as soon as it shall have been duly passed, adopted and published and
approved at a referendum elec~ion, as required by law, and the sccel~ance thereof
duly filed by the Company as herein provided for. The Company, its successors,
lessees or assigns, shall within thirty days after the result of said election
has been canvassed publicly by the Council and spread upon the records of the
minu~es thereof and the result declared and certified, file with the City Clerk'
its acceptance of the same in writing, signed by its proper officers and
attes~e~ by its corporate seal; otherwise, the provisions of this franchise shall
be null and void; the date of such aCCel~ance being the "effective date" of this
franchise.
Section 20. SeparabilityI If ~n¥ section, subsection, paragraph,
sentence, clause or phrase of this Ordinance is declared unconstitutional or
invalid for any reason, such decision shall not affect the validity of the
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resaintng portions of this Ordinance, the City Council hereby declaring that
it would have passed ~he remaining parts of this Ordinance if it hsd known that
such other part or parts thereof would be declared unconstitutional or invalid.
PASSgD
APPROVED
this
_~.__~. do), of ~~-', 1961, in
Kenai, Alaska.
Attest:
~{ty Clerk
CITY OF KE~AI
Passed la1; Reading: ~eP~'o ~ Iq&!
Passed 2nd Reading: /I/~V. ~ ~/~/
Passed 3rd Reading: /~eNK
Referendum: ~. ~-~ ~
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HULF. g t~ ~PiC4JI.~ Jii$ ~;" T:i~
!ol Rates .~ud Co~iti~us:
t[
voted ~o fA~e publ~, use sro ~ub,~ ,'~, t~. caange in :,c,.orda~z~',. '~J.t,h ~ri~ ;.l~k:
Compiled Lawu~ or m~Y amondm~t +_ ,.-eof.. All r; r,c~r., for e~e' ~ri,: ~orv~oa appl~
te c~8~mra located on e~tabiiat d o%ectrlc %in-~a of th~ L'omp~y.
1,2 ~t~pany To l&~ke It. ul~e and ReEut].,'lt ,'m~
The ~ompany~ with the appr<~al of
~a~ m~r~ for sepax~
1o3 l~f~itiona ~
1~o1~ Wherever ~he ~ord "Company La ..oed ~n t~:~e r',zlca ara/ ~,galation~ ~£
shall mean the Konai Po~ Oorpor,.~aon,. ;'ln~-,ewr t;~ dor~ ."~t~a~or" ie uued
i~ ~heso rale~ and regula~iow,~, ~ .mall m~nu Zhc pn':,?o e~ployed b~ ~he City
of Kenai who i~ charge~ wl~h ~he .~,~:oremnon~ of tho ~: ,.~ :trial l~,m ~ rules
appli~able ~
Person" /s or~ ~n~ll~': adh ~,he (.o: .... z.l lion arr~ operabion
"Aecess~ble": Cal~ble of ,'tng reached qul~'k.L2 for operatJ~n~ renewals,
removal mr J~e~z~ction~, witho~ re ' ~ing those to wh~m ~c~ems ~ requisite
over ~xr remove obatacle.~ or : :sort to J:~,~m~rz or ,.o. va ~ t'rD. ook doors,.
l_~..o~ The term "wemlse" as uued ,~,:reln~. meez~:,, ail c,~;d p_r~.;~.;rty and apparatu~
employed in a siagla caterpris~ o, m tn','r.~ ..~*~ .... i.arc~A of bn~d undivided by
pubi~ streets,: allgys~, public h~ 'm~,m:, ~al]ws,t,~ -r '~ight~-of.-w~y ,:,pen to
public_ travel.
A2]. rat,~a on f'.ib~ vdtL thc;
for lees t}mn tt~el~ meet, · ~y ho e'l~,~m.~ .... t+~,,,a,r.~ ff~r which
arrar~nmenta uha~ be made.,
wif, hJn the on~ 2~,c.r
tho aot&~al coat of
on t, ne b~h~ outli:~,l above ['ut ia die.m-.
;, ae~Jee cqar. g~ o[' nor..lc~ns tho~ ~25.,~) nor
tranru.ort~t,'~:m~ a.r;cl cmerhead for ~l~o )~lat~.
r,nt,, ~
1o7
~1 Uf~e;m t)thezwise provi~ ,~. for 1~ c~ract~ the eu~?~mer oh~-~l not ro-
am'if' ~e el¢~;r~ cerv~,e fur. ,i~had urger thi~ b~rL~ fn.~ u~e on t~e pre-.
~es oc~up~d ~y tho c~m'~c~Jr c~er~2 ouch ~ervico,
IM~ ~o ~ ~0~ ~ realdo,.t.~ ~ ~tip~ tmLt ren~a~ a~oe ~ ~
so.eSe cbirge~ fee~ ~oit ,t ~her pre~ J~ ~o ~ ~e r~r f~
ree~ ~ e~r~ty by ~v p' rr~a~ ~cmp ~ ~e~s ftm ~r ~ tho
C~ ~ op~if~.ly p~h~/ted ~,re~ ~ the v~t~n their ~ ~
Temporary service n~LY b, ~pplied ur. trot special a~ee~,,
~ ro~ of ~ n~s:' ~7 f.~lit~e~ loss tl-~ v~ of
~ ~k~ ~ ~Iti~ ~ tho ~pl~ ~r de~eit~ ~ch o~ges
~ ~d~t~ ~ ~e ~,' ~ do~ c~e~ accord t~ the
e~ct~ o~ ~ ~te..~d u~or the appl~ rate
Rates az~
of ~e~vioe ai'o ~e~ u~', t,~ au~ of aerie ~ or~ ~ ~o~e
t~a~ a a~ ~liv~ ~ ~,~t, or~ ~t~. ~e~r~t~ ~pp~ for ~e
~r at ~h~ ~o of ~r~m~on oh~l ~ oo~ra~ ~red
8~ p~m~o bo ~rm~tted ~,:~ut t~ p~or ~tton co~e~ of tho
of t~
re~te~ f~ ~ ,~.e ~f o.J ectr~it,~ aa set f~th ~ ~ie ooho~ oh~l
Dolive~lr Point ~
b Ttm dolivory pol~ for ,Qi o'ver~d oe~ee~ from ~ ~erh~ e~s~p
a a~ tho ~ of att~,ant Of ~ otto~or~r~ uorv~o ~f~O ~ t~
C~Z~e eerie drop,, ~ ~d~.tely at t~J f~st emtaa~ of th~ C~
p~y ao~e ~ v~ the hom,~ o~ ~!dt~.
~ ~ Co~y ao~el)~a ~ ~nsib~l~y for tho f~ o~ ~ho ~o~er'o
~o ~ ~ doft:~d as ~ b I~!On of t~ ~e:-;4,~,) ~t~o~ the ~t off
doltve~ ~md the euo~r',o ~]v~e Otl;ii~~ no~ will ~m Gomp~ be r~
aponsiblo fo~ ~ago to a o~:~r~a ~emiM~. appl~o~ ~ w~ ~ ~vom-
t~nt~n ~ve~ ~ha$ t~ ~ao~m~r'~ w~8 is n~ ~]~d aoo~d~ ~ the
la. at odftlon of t~ Natio:~ ~3~obr~ ~e~y O~o of t~ U,.~,. B~eau of
5t~o~de ,,
t
fraudulent u~e o~ to pre
right to ~..h~t off the ~upp~.V of eleeZrtc
t~ ~er~ tho ~to~r sY~ f~ ~ ~mp~
of~ it~ ~opo~y.
for default
w~v~ of tho
2ol Interruption of Ser~co:
The Compm~ shall exez ;~je diligen-.e ~nd care to finnishand ~tive~
co~tim~ds supp34~ of eleotl ~ ~no~F to tho customer but wall not be liable
~ w~ ease t~ Xe;~ ~o~' ~t~e ~ the ~~
~o CUSTOMER,S OBLXGATIC~
Ino~ed Uses
l_~ ~ o~de~ to p~.*,ven~ d~ .,.ge to th~ compan~,~ oquipmen~ or ~tr~ of
· ~er¢.co, th~ t./--,~~~r sh~ L Sve tbs Oompan~ notice boform makA~ a~
~ddittons to his ~,~octed :~ ~ so tha$, t~m ~~ at ~a option; m~y ~
vide such faoiltt~ au ~Y b, nccossary for the furniehing of ~m~ea~md
service° Such add,tions inel~,m~ ba~ a~e ~ot lim, t-t~ to~ olootrio ~attago
~ .Any d~ma~2, omtm~t by ~ ,:~.eased load being added b2 a ~to~or without
and ol~r~ed tm 0he ou~to~r,~
Compan~ ~;,',r sour~ avatlabl~ at m~ time during working hours for the
pose of in~,oet~on and load el
6o!
b~.ls ~ ~J. ut~ity c~u~r~-s for utlligy
~ig~t~ theban ~u ~ (lat. n ar~ p~ment ~r~ ~-].~aod hefo~ a dei~4~n~
&., SL~VIG~ II{5TALLATXO~
e Applic~t[on will bo ~.~.~e by %.h~_ cuui~_~r ~n ..~r£ting to the ~ompau~
o~e$ locat ~on,,
5,, RA'~,~ LIO;~ ~ PftN2 (effective as of March 30,, 1961)
Where the consumers are ~dividually metered; l~sidenceo (not all electric)
Ft,,s% 50 l{%'tH ..... J,5,,O0 mirdtaum cha~go
IIoxt, 50 ~,~l ....... 05 per ZV,'H
over !00 KqH ..... 0~, per F, WH
~J.1 electric ro~{don¢oztt TYmee major app!taacee, must include ~ el~trlc
N~xt 50 ~ ...... O~ ~r'
cha~ge
nub Jeer to a ton per cent d~ccunt ~f
cur~ont ~onth: A~ accounts not
~ubJect %a~ dise~nnec~n.,
Ail meoident~a~ o~lingu ~l be
bLll ia p~id by U~e tenth of t~
h~j the 25th of the ~nth will be
Depootts~ The following minimums shall appl~ under no~mal cona£tiona
of ~stollationl Restdential~ $20.00; Corm~er~,~X,, g~O,,O0~ Se~e
C.harge~ S15,,00; Service Oh~rgo (now;) $25,00; and/~ an~r othor ~c~mrity
or service charge that may be required under unusual circumstances..
INBTALI, ATIOI{ OF [~3IDI,;NTiaL SI,;{VICE BLYONI3 200 FEJ,;T
lns~al/ation of residential service co~aectlons of up to +,we mltea from
existing distrtbut~on l~u of the Ccmpa~V ~sll b~ made within ninety deye
nfte~ prope~ application with necessary deposits a~d eerv~se chargee~ ~nd
m~Ject to availablo eaoements and/or righ:~s of wa~,, are made to the Ccmpan~o
(~ont.)
6_~.~ Ho applicat~rm ~l~ be accepted under tl~ ~ection between November
FL"~t and th~ following ~cn F~rst
vided,
~ Zn~te~lation of ~uporery z~sidential .gerv£¢c b~yond 200 feet from any
(g~e ~d ~) per m~ f~m ~e ~ti~ ~ut~ 1~ of the
Oe~ ~ad for
hair ~~o
~ The customer shall deposit with the Company~ in addition to
costs of installation u~der the cost and ir~remsr~ formula of Sect~
_6o1~ Additiomal customer hook-ups to existing t~mporary residential sereice
c~mections shalX nottotal more tha~ six per ~ of ea~h ~e from f~e e~Ae~ia8
d~stribution line of the Compaa~ and each o~ the o~x customers e~ll have de-
Posited ~Ith tbs Oampa~v its service charge accordin~ t~ the formlal in
3ect~n //6 (lo3)p m~t th- Company in ~urn shall balance out the coots per mi~
of Amstallation of sa~d temporary residential service among the addittonsX and
u.u to slx serviced customers and theroby ~.9func or credit the first h~heot
service charged custo~rs according to Seoti~,~ #6 (lo3) ~mong the six mstame~s.
n a tampo~ary residential so.vice oon~eetion of oze male or mo~e has
of six customers hook~ups on the first mile from the Company distrib-
ution line ana in equal custa~r co~ecticna for each addif~.on~i mt~m~ $~
Compa~ shall replace the temporary service transmission line witJ~ en~ ~f
superio~ load factor suitable to the. nm~ load factor requ~ed of i% withia
90 4~eo
All ~orar2 or permanent residential service conflectierz~ and costs
sub,oct ~ av~le e~e~s ~/or ~s of w~ bet~en the ~
~tri~t~n 1~ ~ ~ ~st~r ~e~ioo drop,,
6o~o8 Looat~on of m~stomer servtce drop conneotiorm ahaZ1 be b~ approval of
~ All temporar~ reside~tial .ervice connec~ions made under Se~ti~z~u ~6
its ~Ab~sections .h~!X bo chard, ed tho same oZe~z~e~ rat~s as h~rein
submit%ed and p~blishedo
The Oompen~ hereby su~aits the~,e "Rales and Res~la%icns"
to the City Clerk of the Ci~v of ~,enai on this
of ...... ~
1
I