The Independent-News, Volume 116, Number 19, Walkerton, St. Joseph County, 4 October 1990 — Page 2

- THE INDEPENDENT NEWS - OCTOBER 4, IWO

2

LEGAL NOTICE

ORDINANCE NO. 1990-08 AN ORDINANCE AMENDING RATES CHARGED FOR THE USE OF AND SERVICES RENDERED BY THE MUNICIPAL ELECTRIC UTILITY OF THE TOWN OF WALKERTON. INDIANA. BY CREATING A SPECIAL "OFF PFAK" RATE. WHEREAS, a review of the rate schedules and budget of the Municipal Electric Utility reveals that the Municipal Electric Utility is able to provide service to certain large power customers at a reduced cost due to certain economics in serving them; and WHEREAS, it will be necessary to modify service rates in order to more properly bill the actual costs of this service; and WHEREAS, the Town of Walkerton is no longer subject to the regulatory authority of the Indiana Utility Regulatory Commission: NOW. THEREFORE. BE IT OR DAINED BY THE TOWN COUNCIL OF THE TOWN OF WALKERTON. INDIANA: Section 1. That the rate schedules of the Walkerton Municipal Electric Utility are hereby amended to include and conform with the schedule attached hereto, made a part hereof, and marked "Exhibit "A". Section 2. All ordinances and parts of ordinances in conflict herewith are hereby repealed. Section 3. This ordinance shall be in force and effect from and after its passage, approval, recording and publication as provided by law. Passed and adopted by the Town Council of the Town of Walkerton. Indiana, on the 4th day of September. 1990. TOWN COUNCIL TOWN OF WALKERTON. INDIANA Margaret Gaddis. Member Walter L. Heil, Member Leonard Jaske, Member Cheryl Rizek. Member Gregory A. Williams. Member ATTEST: Judith R. Hiler, Clerk-Treasurer RATE FOR “OFF PEAK” ELECTRIC SERVICE METAL MELTING SERVICE TO WHOM AVAILABLE This is an experimental rate for customers who have substantial requirement for electric metal melting and/or holding. Rate is available to industrial customers with electric metal melting and/or holding facilities located adjacent to existing electric facilities adequate to meet the customer’s requirements. A customer requesting service hereunder is required to contract for a specific amount of electrical capacity which shall be not less than 200 kilowatts. The Town shall not be obligated to supply capacity in excess of that specified in the contract, or which exceeds the existing installed capacity. Customers with small power production facilities and/or peak shaving generation equipment are prohibited from taking service under this rate schedule, except when, by mutual agreement, such facilities may be used as set forth in the Contract (See Contract 1. paragraph 3). CHARACTER OF SERVICE The Town will supply service to the extent of the capacity available from its electric supply lines at such frequency, phase, and regu lation and one standard secondary voltage of 480 volts or above or the available primary or transmission voltage at the location where service is required. The Customer will supply in accordance with plans and specifications furnished by the Town and at a mutually agreed upon location on the Customer's property, suitable buildings, structures, and foundations to house and support any protecting, switching, relaying. or metering equipment that

may be supplied by the Town. HOURS OF SERVICE Off-Peak hours of service arc those not included in the On-Peak hours, and shall be expressed in Central Standard Time (CST). and twenty-four (24) hours on Saturday. Sunday. New Year’s Day, Memorial Day. Independence Dav. Labor Day. Thanksgiving Day and Christmas Day. The Town may, by written notice, at its option, make available from time to time additional Off-Peak hours of service which would immediately follow and/or precede those enumerated above if conditions on the Town’s system so warrant. The additional Off-Peak hours of service may be reduced or withdrawn in their entirety upon notice by the Town to be given not less than four (4) hours before the start of any Off-Peak period. On-Peak hours of service are to be no less than six (6) consecutive hours, varying to cover Walkerton System Demand Peaks. For this experimental period they shall be as follows, unless modified by mutual agreement and indicated by daily and monthly data on Walkerton System Demand: August: 10:00 a.m. to 4:00 p.m.; September: 10:00 a.m. to 4:00 p.m.; October 9:00 a.m. to 3:00 p.m.; November: 8:00 a.m. to 2:00 p.m. RATE The electric service and energy supplied hereunder shall be billed under a two-part rate consisting of a Demand Payment plus an Energy Payment subject to the adjustments herein provided, said rate is as follows: Demand Payment $1,500.00 per month for first 200 kilowatts or less of Billing Demand per month. $7.38 per kilowatt per month for all over 200 kilowatts of Billing Demand per month. Energy Payment $0,043 per kilowatt hours used per month. ADJUSTMENTS Purchase Power Tracking Factor. Fuel Cost Adjustment. (See Exhibit "A’’ of Standard Rate Ordinance.) MONTHLY MINIMUM PAYMENT The Customer’s Monthly Minimum Payment under this rate shall be the sum of the Demand Payment plus the Energy Payment, subject to the adjustments herein provided; however, in no case shall the Monthly Demand Payment be less than $1,500.00. NOTIFICATION OF CURTAILMENT The Town shall provide twentyfour (24) hours of advance notice before curtailing or interrupting service during Off-Peak periods. DEFERRED PAYMENT All bills under this schedule shall be rendered and due monthly. If not paid within seventeen (17) days after the bill is mailed, there shall be added to bills of $3.00 or less, ten percent (10%) of the amount of the bill; and to bills in excess of $3.00 there shall be added ten percent (10%) of the first $3.00, plus three percent (3%) of the amount of the bill in excess of $3.00. DETERMINATION OF AMOUNT OF ELECTRIC SERVICE SUP PLIED The electric service to be supplied under this rate shall be measured as to Maximum Demand. Energy Consumption and Power Factor by suitable meters to be installed by the Town. DETERMINATION OF MAXIMUM DEMAND The Customer's Maximum Demand in any month shall be determined by suitable maximum demand instruments. The Customer's demand of electric energy supplied shall be determined for each half-hour interval of the month. The phrase "half-hour interval” shall mean a thirty (30) minute period beginning or ending on a numbered dock hour as indicated by the clock controlling the metering equipment.

DETERMINATION OF BILLING DEMAND The Billing Demand for the month shall be the greatest of the following demands: (1) The maximum metered On-Peak half-hour demand, adjusted for Power Factor. (2) 40% of the maximum metered Off Peak half-hour demand, adjusted for Power Factor. (3) 200 kilowatts. DETERMINATION OF PEAK POWER FACTOR The Power Factors shall be calculated. using the maximum OnPcak demand and the maximum Off-Peak demand, each expressed in kilowatts, and the lagging reactive kilovolt-amperes supplied during the same half-hour interval in which said demands occur. POWER FACTOR CORRECTION For Power Factors of less than 95% lagging, the applicable demand shall be corrected by multiplying said demand by .95 and dividing by the Power Factor for the same half-hour interval in which said demand occurs. If a Power Factor is equal to or in excess of 95% lagging, then no Power Factor Correction is made. GENERAL TERMS AND CONDITIONS OF SERVICE 1. Contract Contracts under this rate schedule shall be made for a term to be agreed upon between the Town and the Customer considering the amount of the electrical load, the location of the electrical load, and the facilities to be furnished by the Town to serve the electrical load. In such contract it shall be proper to include such provisions. if any. as may be agreed upon between the Town and the Customer with respect to special terms and conditions under which service is to be furnished hereunder including but not limited to. the electrical capacity to be supplied, voltage to be supplied, and facilities to be provided by each party. This section allows the special agreements and special provisions requested by Customers. This would be an addendum to the Basic Rate. 2. Metering The electric energy to be used under the terms of this schedule shall be measured at the delivery voltage as to maximum demand, use of electric energy and power factor determination through meters to be located in a building or buildings approved by the Town, and furnished by the Customer on the Customer’s premises. The Town shall own. furnish and install the necessary metering equipment. All bills, other than bills for the minimum payments, shall be calculated upon the registration of these meters. The meters installed on the Customer’s premises, by the Town under this schedule, shall remain the property of the Town and shall be safely kept and protected by the Customer. The Town shall, at all times, have the right to inspect and test meters, and if found to be defective and inaccurate, to repair or replace them at its option; provided that notice shall be given to the Customer before testing the meters so that the Customer may have its representative present, if desired. Anv meter tested and found to be not more than one percent (1%) inaccurate shall be considered accurate and correct but shall be adjusted to be as nearly correct as possible. If. as a result of any test hereunder, any meter shall be found inaccurate or incorrect in excess of one percent (1%). such meter shall be adjusted to be as nearly correct as possible and the reading of such meter previously taken shall be corrected to the percentage of inaccuracy so

The Independent News Publication Number 261460 ROBERT E. URBIN, EDITOR & PUBLISHER SUSAN R. URBIN, ASSISTANT EDITOR INDEPENDENT-NEWS CO., INC., PUBLISHING CO. 601-03 Roosevelt Road, Walkerton, Indiana 46574-1294 Telephone (219) 506-3139 PUBLICATION TIME: Thursday of Each Week COPY DEADLINE: Tuesday, 1:00 p.m. Second Class Postage Paid At Walkerton, Indiana 46574 SUBSCRIPTION RATES: 25* Per Copy; SB.OO Per Year (SI.OO Extra If Mailed Out Os State)

found, but no such correction shall, without the consent of both parties, extend back beyond one-half of the period between the date of such test and the date of the last prior test showing the meter to be within one percent (1%) accurate. nor more than forty-five (45) days, after discovery of such defect or inaccuracy. During the time there is no meter in service or the meter in service is not registering, it shall be assumed that the energy consumed is the same as the daily average for the most recent period of similar operation with respect to usage of energy preceding the time the meter is out of service. The Customer shall also have the right to require a test of meters at reasonable intervals upon giving notice of its desire to have such test made bv the Town. The properly authorized agents of the Town, displaying the official badge of the Town, shall at all hours have access to said premises for the purpose of examining, repairing, or removing its meters and other property and delivering notices hereunder, and no one who is not an agent of the Town shall be permitted to handle, remove., or tamper with the same, except in an emergency. 3. Additional Load The Customer shall notify the Town in writing of any substantial additions to or alterations in the equipment to be supplied with electric energy by ’he Town, and such additions or alterations shall not be connected to the system supplied with electric energy by the Town until such notice shall have been given by the Customer and received by the Town. 4. Discontinuance of Service The Town shall have the right to cut off and discontinue the supply of electric energy and remove its metering equipment and other property when any bill is in arrears, overdue or in default, or upon violation by ’he Customer of any of the terms or conditions of the contract. 5. Curtailments for Emergency Repairs of Line Extensions The Town reserves the right to interrupt service at any time when necessary to make emergency repairs. For the purpose of making other than emergency repairs or extensions to its lines,

’he Town reserves the right to cut off the Customer’s supply of electric energy for eight (8) consecutive hours of any Sunday. or such other day or days as may be agreed to by the Customer and the Town, provided forty-eight (48) hours’ notification previous to the hour of cut-off is given the Customer of such intention. 6. Rules and Regulations The Town’s General Rules and Regulations Applicable to Electric Service are applicable to service hereunder. 7. Force Majeurc The Town will use resonabale ' diligence to provide a regular and uninterrupted supply of electric energy but does not guarantee such supply. Neither the Town nor the customer shall be liable to the other

for damages caused by the interruption. suspension, reduction, or curtailment of the delivery of electric energy hereunder due to. occasioned by. or in consequence of. any of the following causes or contingencies. viz.: acts of God. the elements. storms, hurricanes, tornadoes, cyclones, sleet, floods, lightning, earthquakes, landslides, washouts or other revulsions of nature, epidemics, accidents, fires, collisions, explosions. strikes, lockouts, differences with workmen or other industrial disturbances, vandalism. sabotage, riots, inability •o secure materials, supplies or equipment, breakage or failure or machinery, generating equipment. electric lines or equipment. wars, insurrections, blockades. acts of the public enemy, arrests and restraints of rules and people, civil disturbances, federal, state of other governmental laws, orders, decrees, restraints or regulations, and anv other causes of contingencies not within the control of the party whose performance is interfered with, whether of 'he kind herein enumerated or otherwise. The Town reserves the right •o limit or interrupt service to 'he Customer when a shortage of capacity and energy exists and when its plan for load reduction is initiated to comply with Northern Indiana Public Service Company’s request for curtailment of power usage under such conditions. Settlement and lockouts shall be wholly within the discretion of the party having the difficulty. Such causes of con'ingcncies affecting performance shall not relieve the Town or Customer of liability in the event of its concurring negligence in •he event of failure of either to use due diligence to remedy 'he situation and remove the cause in an adequate manner and with al! reasonable dispatch. nor shall such causes or contingencies or any thereof relieve cither from its obligation •o pay amounts due hereunder or to pay Demand Charges or Minimum Bills accruing during such interruption or suspension of service. WHERE AVAILABLE AU TERRITORY FURNISHED ELECTRIC SERVICE.

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