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HomeMy WebLinkAboutResolution #2078y, RESOLUTION NO. 2078 A RESOLUTION APPROVING AN AGREEMENTP FOR THE PURCHASE OF ELECTRIC SERVICE BETWEEDt THE CITY OF CANTON AND CENTRAL TT•T•IlJOIS PUBLIC SERVICE ~MPANY AND DIREC'PING THE MAYOR TO EX®CU'I'E AND DELIVER SAID AG~tEEN~`P. W~iT~21sAS, the Canton City Council has determined that it is necessary and in the best interest of the City of Canton to enter into an agreement with Central Illinois Public Service Company for the purchase of electric service hereto attached and herein incorporated as Exhibit "A". NOM, THEREFORE, BE IT RESOLVID BY THE CITY COUNCIL OF THE CITY OF CANTON, Fulton County, Illinois as follows: 1. That the agreement hereto attached as Exhibit "A" beto~een the City of Canton and Central Illinois Public Service Company is hereby approved. 2. That the I~~Iayor is hereby authorized and directed to execute and deliver said agreement on behalf of the City of Canton. 3. That this Resolution shall be in full force and effect immediately upon its passage by the City Council of the City of Canton. PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting this 19th day of September 1989, upon a roll call vote as follows: AYES: Aldermen Zilly, Steck, Sarff, Meade, May, Chapman. ~yS; None. ~~• Aldermen Kovachevch, Bohler, APPROVED: ~ ;~~ '' Donald E. Edwards, Mayor ATTEST: Nancy i^hites, City Clerk Publication .Instructions Do not publish ^ Publish in pamphlet form only O Publish in a general circulation paper .-. ~ a ~ . ~~ City Att _ ~,~.,,,.~ Bate Rate Code _ A-1118 7-71 Service No. ELECTRIC SERVICE AGREEMENT AGREEMENT, made this day of ,19 , by and between CENTRAL ILLINOIS PUBLIC SERVICE COMPANY, hereinafter called the "Company", and City of Canton ,hereinafter called the "Customer", WITNESSETH: 1. For and during the period of not less than one years beginning when the Company begins to supply electricity hereunder, such period to begin about October 15, , 19 89 ,Company agrees to furnish to Customer and Customer agrees to take from Company all electric power required by Customer in the operation of Customer's deep well pump for Canton Lake located on Boatdock Rd. southwest of Caxtton Lake Fulton County, Illinois. 2. The power to be supplied under this agreement shall be electrical energy in the form of alternating current, 3 phase, 60 hertz, and approximately 480 volts,-and delivery thereof shall be made at the point of contact of the lines of Company with those of Customer. 3. Company shall stand ready to supply hereunder to Customer 200 kilowatts of electric energy, measured by meters or other measuring instruments to be installed, maintained and owned by Company. 4. Customer agrees to receive and pay Company for said service in accordance with the rates, terms and con- ditions of Company's valid applicable Rate 10 and Rider - , in effect from time to time and set forth in Company's Electric Service Schedule Ill. C. C. No. 9B, Section One. Neither the execution by the Company of this agreement nor anything contained herein shall limit or abridge any right or remedy the Company has or would have, if this agreement were not in effect, to change, modify or supersede any of the rates, terms and conditions which now are or hereafter may be applicable to any service to be rendered by the Company to the Customer under this agreement. The application of the Company's rates, terms and conditions, as from time to time approved or permitted to become effective by the Illinois Commerce Commission to the service to be rendered Customer here- under, shall in no wise be affected by the existence of this agreement. 5. Customer shall furnish, if necessary, without cost to Company, suitable sites for Company's transformers, meters, lines and other apparatus proper for Customer's said service. 6. Delay in commencement of service due, directly or indirectly, to injunction, act. of God or the public enemy, invasion, riot, strike, flood, fire, explosion, casualties, accidents, breakdowns of or injuries to machinery or lines, shall postpone the beginning of the term during which service is to be rendered hereunder for the period of such delay, and Company shall not be liable for any loss or damage to Customer occasioned thereby. 7. It is agreed that Company's obligations under this agreement are conditioned upon Company's securing and retaining all necessary rights, privileges, franchises and permits to enable it to furnish service as herein provided. 8. This agreement is executed in duplicate and no modification of the printed portion hereof shall be binding unless in writing duly accepted by the Customer and approved by the President or a Vice President of the Company. IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed in duplicate, in person or by its duly authorized officers, the day and year first above written. CENTRAL ILLINOIS PUBLIC SERVICE COMPANY CUSTOM1IER Submitted by J. Reinhard Division Manager Vice President City of Canton Title ,` ~-z3e9 COLLATERAL AGREEMENT AGREEMENT, made this ......................day of ................................................................ , 19 ........., by and be- tween CENTRAL ILLINOIS PUBLIC SERVICE COMPANY, hereinafter called "Company", and . City of Canton ...................... .hereinafter called "Customer", ........................................................................................... Witnesseth: WHEREAS, the parties hereto are entering into an agreement whereby the Company is to furnish to Customer certain electric energy required by the Customer in the operation of Customer's .........dE~ep.. we1.1....Pl?n?p...for...Canton..Lake ........................................................................................................................... located at southwest of Canton lake on Bc~atdock Rd. Fulton County, Illinois, ......................................................................................................................................... to be furnished under Company's Illinois Commerce Commission Schedule 9B, Rate.10.....; and WHEREAS, it is recognized and understood by Customer that the rendition of the par- ticular service therein specified will require an extension of Company's transmission lines and the installation of equipment not contemplated in the rendition of Company's usual and customary service under said rate which will necessitate the expenditure by the Company of approximately .............................................................................................................................................................................................. .............................Y.3.~.~.000 ...... , which extension and equipment will in part be useful in the rendering of service to Customer: NOW, THEREFORE, in consideration of the installation of said extension and equip- ment, Customer agrees to pay, on request, the sum of .........$5., 3,08., 80 ................................................................................. ................................................................................................................................. to Company to cover part of Company's expense of extending its lines and furnishing the necessary apparatus to provide Customer electric service required in the operation of Customer's said .....deep..wel.l...water._.punp ........................................................................... under the contract dated .October 15, 1989 Company agrees to refund to Customer the above-mentioned sum at the rate of 10% of Customer's monthly electric service bills paid for service at the above-mentioned location but in no event shall the total of refunds made exceed .......$5.,,308..80 ................................................................................................... It is further understood and agreed that in any one month no refund shall operate to reduce the billing below the minimum provided in the rate applicable to the electric service rendered. It is understood and agreed that no interest will be paid on this sum. It is understood and agreed that no refunds will be made for service beyond the ...........1.~~.?........... consecutive year of service. It is agreed that nothing, herein contained, shall be construed as conferring on Customer any title to or right of property in said line extension and apparatus, nor any right of Customer to repayment of said sum, or any part thereof, except as above specifically provided. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their respective officers thereunto duly authorized the day and year first above written. ................................................................................... CENTRAL ILLINOIS PUBLIC SERVICE COMPANY ...................City of Canton By ....:.......................................................................................................... By .................................................................................................... -~ VICE PRESIDENT .................................................................................................... TITLE