06-09-1954 HUCM258
(228)
SPECIAL MEETING OF THE LIGHT AND POTHER
COMMISSION OF THE CITY OF HUTCHINSON,
HELD ON JUNE 9, 1954s, at 5P.M.
A special meeting of the Light and Power Commission of
the City of Hutchinson was held at the office of Dr. R. I. Sheppard
on Wednesday, June 9, 1954, at 5 o'clock P. M. The President, Dr.
R. I. Sheppard, called the meeting to order and the Secretary,
R. W. Dahl, announced that all members of the Commission were present
in person.
The attorney for the Commission presented to the Commission
a letter and request from Nordberg Manufacturing Company, signed by
Mr. C. W. Foster, Treasurer, requesting a meeting of the minds of the
parties to the contract dated May 21, 1954 as to the meaning of the
provision that time is the essence of the contract, in the light of
the elimination of the liquidated damage clause in the specifications,
based on the bid of Nordberg Manufacturing Company and other bidders
who are members of DEMA. The request of Nordberg Manufacturing Co.
reads as follows t
*It is, therefore, the purpose of this letter to
request assurance that although this said Paragraph
was modified otherwise, it remains the sole intention
of your Commission to have the privilege of assessing
actupal damages, if any, only in the event the failure
to complete the contract within the agreed time limits
is caused through our fault or by an avoidable cause.
To this extent, we would appreciate receiving your
early assurance.'
After discussion of the matter, it was moved, seconded and
unanimously carried, that the President and Secretary sign the memo
at the bottom of the letter agreeing to the interpretation of the
contract asset forth in the letter from Mr. C. W. Foster, Treasurer,
and that the signed agreement be attached to the executed contract
held by the Commission, and that the attorney be instructed to for-
ward a signed agreement to Nordberg Manufacturing Company.
The Commission then discussed in detail the contents of a
letter from Herbert Thorsen, accountant, relative to the change in
method of billing customers for electric service. All phases of the
matter were discussed, but the Commission found itself reluctant to
change the present method of billing, having in mind the very find
record of payment of bills by consumers, and having in mind that the
consumers were now so familiar with the methods used, showing gross
and net billing.
Having in mond the various advantages of the present method
of billing, and believing that the collections under the present
method would be kept up to the high record achieved in the past by
the persons handling those collections, the Commission determined
that at the present time no change in the method of billing customers
would be made.