1979-041 OrdinanceORDINANCE 1979 - 41
Offered by Councilman Krause
AUTHORIZING THE ~YOR TO ENTER INTO A CONTRACT WITH OHIO
EDISON COMPANY FOR STREET LIGHTING SERVICE FOR THE CITY
OF FAIRLAt~N, AND DECLARING AN FAtERGENCY.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF FAIRLAWN,.OHIO'
Section 1' That the Mayor be and he is hereby authorized to enter into a contract
with Ohio Edison Company on behalf of the City for lighting by electricity the
streets, ~ays and public places of the City.
Section 2' The contract shall contain the following terms and conditions'
This contract between the City of Fairlawn, an Ohio municipal corporation (hereafter
referred to as the "CITY") and Ohio Edison Company, an Ohio corporation (to be
referred to as the "COMP.%NY"),
WITNESSETH'
WHEREAS ," the Council of the City of Fairlawn, by Ordinance 1979-41 authorizes and
directs the Mayor to make, on behalf of the City, a contract with Ohio Edison Company
for lighting by electricity the streets, ways and public places of the City.
NO'..':, T~gTREFORE, THE PARTIES AGREE AS FOLLOWS'
1. This contract shall become effective as of July 1, 1979, and shall
remain in effect and force for a period of two years from such date.
2. The Company shall furnish, operate and maintain the street lighting
system on the streets, ways and public places of the City. The Company shall
perform maintenance on the street lighting system as needed in order to maintain
continuous, maximum public lighting from all fixtures, and to maintain the
facilities in proper working order and in a neat, clean and presentable manner.
The City shall have the right to request repair or maintenance of the facilities
covered by this contract when necessary. The City shall pay for the same at the
following monthly net rates'
RATE SCHEDULE
MERCURY LIGriTS - COMPANY OWNED
Rating In Nomina 1
Watt s Lumen s
Net Monthly Rates Per Light
Overhead Service Underground Service
Wood Metal Post Po le
Pol es Pol es Type Type
100 4,000 $4.23 $7.43
175 7,700 S.06 8.25
2S0 12,000 6.14 9.33
aO0 22,500 7.78 11.18
700 40,000 11.66 15.84
1,000 60 ,SO0 14.89 19.06
2 - 1,000 2-60 ,SO0 -- 33.7S
$8.16 $10.62
8.75 13.40
9.34 14.49
_- 18.15
_- 22.88
__ 26.10
5121179
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1979 - 41
ORDINANCE 1979 - 41 {Cont.
HIGH PRESSURE SODIUM LIGHTS - COMPANY OI~NED
Rating in Nominal
Watts Lumens
Net Monthly Rates Per Light
Overhead Service Underground Service Bridge or
Wood Metal Post Pole Underpass
Poles Poles Type Type ~Nal lpack
70 S, 800
100 9,S00
1S0 16,000
200 22,000
250 25 ,SO0
310 37,000
400 50,000
2-400 twin 2-50,000
1,000 140,000
$ 6.77 $11.54 $ 8.09 $12.59 $11.14
6.98 11.75 9.41 12.95 11.62
7.57 12.92 1:5.08 13.86 12.16
...... 15.32 --
9.21 14.56 -- 15.79 13.85
...... 28.29 --
11.07 17.28 -- 29.21 --
...... 59.79 --
21.56 27.77 -- 39.72 --
SPECIAL HIGH PRESSURE SODIUM LIGHTS - COMPANY OWNED
RELAMPING OF EXISTING MERCURY LIGHTS
Rating in Nominal
Watts Lumens
Net Monthly Rates Per Light
Overhead Service Undergroun'J.'Sezvice Bridge or
Wood Met a---1 Post ...... P0i&' Underpass
Poles Poles Type Type Wal lpack
FOT 7,700 Lumen Mercury
1S0 15,000
$6.58 $10.95 -- $12.25
For 12,000 Lumen Mercury
215 20,000
7.19 11.91 -- 15.58
2. (A) Commencing in January 1980 and at the beginning of each calendar
year thereafter, the average fuel cost per kilowatt-hour (K.W.H.) charged during
the previous year shall be increased or decreased during the succeeding year to
reflect the change in fuel cost from 1.16746{ per kilowatt hour; provided, that
no such change shall be greater than 15% of the average fuel cost per K.W.H. in
the preceding year.
The monthly adjustment per light shall be determined by multiplying the
average wattage (K.}I.) per light (including energy consuming devices and
accessories) by 555.5 burning hours to determine the monthly K.W.H. usage, to
the nearest whole cent, then adding or deducting this amount from the monthly
rates per light. The average annual fuel cost shall be the arithmetical average
of the monthly fuel adjustments calculated' 1. pursuant to Sheet 45 of P.U.C.O.
No. 10, as the same may be amended or modified from time to time; or, 2. pursuant
to the majority of the retail customers of the Company as may be in effect from
time to time.
REPLACEMENT
2. CB) Where an existing mercury street lighting system has been installed
for less than 25 years and the Company is requested to replace all or part of
it with a new high pressure sodium system, the municipality shall reimburse the
Company for the remaining life (original cost less accumulated depreciation) of
each mercury street lighting unit replaced. This section shall not apply in
situations where it is necessary for the Company to remove or relocate, either
overhead or underground, existing mercury street lighting system as the result
of a public improvement project undertaken by the City or any other agency of
government.
5/21/79 1979 - 41
ORDINANCE ~979 - 4! (Cont.
EXTENSIONS
2. (C} No extensions of overhead lines or underground cables will be
required when the cost thereof is unreasonable in relation to the annual
revenue to be derived therefrom.
3. On or about the first day of each month, the Company will present to
the City a bill for the lighting units furnished, operated, and maintained
under this contract during the preceding month. The bill shall be due and
pay'able ~ithin t~enty days following its presentation.
4. During the term of this contract, upon written order of the City,
the Company ~ill furnish, operate, and maintain additional equipment similar
to that described above at the rates herein set forth' provided, however, that
no extension ~ill be required ~hen the cost thereof is or ~ill be unreasonable
in relation to the revenue to be derived therefrom, or so long as any signifi-
cant number of' units of the then existing installed system are out of service
at the request of the City.
$. The City may, by' written order, make a change in the location of any
street lighting unit. The total cost of making such change shall be paid by
the City.
6. Lights shall burn on the established schedule for street light service,
~hich means from approx-imatel¥ one-half hour after sunset to one-half hour
before sunrise for an annual operation of approximately four thousand hours.
7. The terms, provisions,~ covenants, and conditions of this contract shall
extend to, inure to, and bind the successors and assigns of the parties hereto.
8. There are no understandings or agreements either written or implied,
in relation to street lighting service other than those contained in or referred
to in this contract, and the same shall be in £ull force and effect ~hen signed
and approved by' authorized agents of the parties hereto.
In witness whereof, the parties have caused this contract to be executed
by' their duly authorized officials this day of , 1979.
Section 3' Ail prior ordinances in conflict herewith are hereby repealed.
Section 4' That it is hereby found and determined that this legislation complies
with Section 121.22, O.R.C. regarding notification of meetings and all deliberations
of this Council pertaining hereto have been conducted in accordance therewith.
Section 5' This ordinance is declared .to be an emergency measure necessary to
the health, safety and welfare of the residents of Fairlawn, Ohio, for the reason
that the present contract for street lighting expires as of June 90, 1979 and a
new contract has been negotiated with Ohio Edison Company to become effective as
of July 1, 1979 for a period of two' years, and it shall therefore be in full force
and effect from and after its enactment and approval by the Mayor, or at the earliest
period allowed by law.
:
..
Enacted' May 21 , 1979
William F. Reed~
Clerk of Council
Michael V. Markel
President of Council
Approved' May 22 ,
1979
Approved as to Form'
!'" ....
Robert H. Maxson '
Director of Law
1979 - 41
S/21/79 - 3 -