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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 - 1 - 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 -