HomeMy WebLinkAbout73- US 449(2) City Agreement
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CITY OR TOWN
A G R E E MEN T
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THIS AGREEMENT, made and entered into, by and between the State of Montana,
acting by and through its Department of Highways, hereinafter called the State, and
the City or Town of Bozeman , a Montana municipal corporation, here-
inafter called the City or Town.
WI T N E SSE T H:
THAT, ~mEREAS, the State proposes to construct and/or reconstruct a certain
highway in and through the City or Town, said construction being known as Federal Aid
Project No. US 449(2), The South Eleventh Avenue - Bozeman Section of the Lincoln
Road-South Eleventh Avenue in Gallatin County and
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WHEREAS, said construction will be over and upon South Eleventh Avenue begin-
ning at the intersection with West Curtiss Street, Station 0+00.0 and extending north
0.197 miles to the intersection with West Main Street, Station 10+44.0, thence at Sta-
tion 11+10.0 begins the North Eleventh Avenue Connection and extends north on North
Eleventh Avenue to Station 13+72.8 at point south of the intersection with West Menden-
hall Street.
, and
WHEREAS. the State is desirous of receiving Federal funds for said construc-
tion of said highway, and
WHEREAS, the Federal Highway Administration of the U.S. Department of Trans-
portation will not participate in the construction of said street (avenue) lm til and
( unless the City or Town will agree to certain conditions, hereinafter set forth. 2nd
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WHEREAS, this document must be duly executed and on record with the State
and Federal Highway Administration before the work contemplated can be awarded to con-
tract, and
WHEREAS, the City or Town, under the provisions of Section 32-2407, Revised
Codes of Montana, 1947, hereby concurs in the designation of the above designated
highway, and
WHEREAS, the City or Town is desirous of having said construction done, the
City or Town deeming such construction to be a valuable and beneficial consideration,
NOW, . THEREFORE, for and in consideration of the premises and of the covenants
herein contained. the parties hereto agree as follows:
(1) That the City or Town will pay to the State within ninety (90) days af-
ter date of billing, the amolli1t of one-half (1/2) of th~ Stat0's share of the COGtr~ct
cost of the curbs ~nd gutters, exclusive of bridac ana/or Bedian curbs, lying withb
the city liuLits of the City or Town, plus seventeen and one-half percent (17 1/2%) of
the amount for preliminary .and construction engineering.
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(2) That the City or Town agrees to conform in all manners and respects to
Chapter 21 of Title 32, R.C.M. 1947, and hereby adopts as a part of its ordinances all
of the provisions of the Uniform Traffic Code as outlined in Chapter 21 of Title 32,
R.C.M. 1947, with specific reference, but not limited to the following matters:
(a) That the City or Town will not pass any ordinances or laws estab-
lishing a speed limit less than twenty-five (25) miles per hour in
any urbml district, as defined in Chapter 21 of Title 32, R.C.M. I
1947, on the above-mentioned street (avenue) . i
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Further, that the City or Town will not establish a speed limit of I
less than thirty-five (35) miles per hour outside an urban district
as defined in Chapter 21 of Title 32, R.C.H. 1947 on the above-
mentioned street (avenue); and
The City or Town will modify or alter such established speed limits
on the above-mentioned street (avenue) after a traffic and engineer- C",;
ing investigation at the request of the State. uI !
(b) That the City or Town will not erect any sign, signal or traffic ~
control device that will give preference to local routes which in-
tersect with the above-mentioned street (avenue) ; and no sign, sig-
nal or traffic control device will be ere~ted or constructed nor
shall the establishment or modification of any speed zone, parking
regulation or traffic marking which will affect traffic on the
above-mentioned street (avenue) be made without express written
permission of the State and then only after proper traffic and engi-
neering study indicates that such a sign, signal or traffic control
device is required; and
Further, such said sign, signal or traffic control device shall be
erected or constructed in accordance with the "Manual on Uniform
Traffic Control Devices for Streets and Highways", and subsequent )
amendments' thereto.
(c) That the City or T~Yn will not erect any lighting on above mentioned
street (avenue) without express written permission of the State and
then only after proper traffic and engineering study indicates that
such lighting devices are required; and \
Further, that plans for such lighting installation shall be approved
by the State before erection.
(d) That the City or Town will service, maintain and pay the cost of
operating all traffic control devices including traffic signals,
flashers and signs (excluding guide signs and route markers); that
are within the bonnclaries of, or are related to, the said street
(avenue) and which mayor may not have been constructed with Federal
Aid tmd/or State fllilds.
That the City or Town will adhere to the following policy of the
State:
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Maintenance and Operation of Highway Lighting Projects
A. Interstate System
The State will pay the cost of operation and maintenance of the
lighting within the limits of the control of access on all In-
terstate Highways within or without the incorporated limits of
municipalities.
B. Primary, Secondary and Urban Systems
For lighting projects inside of incorporated municipalities,
the cost of operation and maintenance of the lighting shall be
paid by the State; however, where an existing lighting district,
which is paid for by a city, town or special improvement dis-
trict is replaced or upgraded, the city, town or special improve-
ment district will be expected to continue paying the amount of
( the previous payments toward the cost of operation and mainte-
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'- nance of the new or revised lighting system. If and when the
cost of energy or maintenance is raised by the utility company,
the city, town or special improvement district will be expected
to pay their proportionate share of the rate increase.
(e) That the City or Town shall require the stopping of all traffic at
all intersecting streets, alleys and driveways before entering the
above-mentioned street (aven ue) , and where the City or Town considers
that such traffic control creates a hazardous situation, they will
request a traffic and engineering study by the State, and that the
State, after such a study, may authorize express written modifica-
tions in the traffic control devices as may be in the public interest
from a safety and convenience standpoint.
(f) That the City or Town will pass the necessary ordinances or laws to
require parallel parking on the above-mentioned street (avenue) ; and
That the City or Tm-ffi will pass the necessary ordinances or laws to
forbid stopping, standing or parking a vehicle on a sidewalk, in
front of a public or private driveway, within an intersection, on a
crosswalk, or within twen ty (20) feet of a crosswalk on the above-
mentioned street (avenue) ; or within twenty (20) feet of the crosswalk
of any intersecting street at its intersection with the above-mentioned
street (avenue) ; and
That the City or Town will pass the necessary ordinances or laws to
forbid stopping, standing or parking a vehicle within thirty (30)
feet upon the approach to any flashing beacon, stop sign, or traffic
control signal located at the side of the roadway of the above-
mentioned street (avenue) ; or within thirty (30) feet upon the approach
to any flashing beacon, stop sign or traffic control signal loclted
at the side of the roadway of an intersecting street at its int~r-
section with the above-mentioned street (avenue) ; on the roadway side
of any vehicle stopped or parked at the edge or curb of the 2.bo\'c.-
mpnticmed street (avenue); or upon any bridge or other elevated struc-
ture upon the above-mentioned street (avenue) or within any higl1\'/ay
tunnel that is a part of the above-mentioned street (avenue) .
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(3) Further, that the State, after a traffic and engineering investigation of
any speed zone, parking regulation or traffic control device, may require the City or
Town to modify or remove such existing speed zone, parking regulation or traffic control
device upon said named street (avenue) . I
(4) That the specific signs, signals and traffic control devices to be erected
and the locations thereof and the restriction on stopping, parking, turning and curb
openings are enumerated as follows and further shown on the attached plan or plans,
labeled "Exhibit A" and "Exhibit B" , which said plan, or plans are by this
reference, incorporated into and made a part thereof:
(5) That the City or Town will remove or cause to be removed or modified, any
existing encroachments encountered as may be directed by the State and at any future time
will not permit nor suffer any encroachments on the right-of-way of the said street
(aven ue) , except upon the execution of the encroachment application and permit as issued
by the State.
(6) "",
The said City or Town shall require any person, persons, firm, partnersh: ~
copartnership, corporation, association, or any other entity, before making any opening i~
said street (avenue) as covered by this agreement to secure a permit from said City and/or
Town Council who in turn will advise the representatives of the State the issuance of such
permit and require that all such work shall be in strict conformity with specifications
that are furnished by the State to govern such operation. In' addition, the following min-
imum requirements shall be strictly complied with:
(a) Any such applicant for permission to make a street opening in any of
the said streets (avenue) must first post with the Clerk of the City
or Town, a bond as follows:
For trenches not exceeding 2,000 square feet of surface area,
$2,000.00.
For trenches exceeding 2,000 square feet of surface ,area or in unusual
cases, a higher amount as mutually agreed between the City and Statf "
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The bonds shall be made payable to the City or Town and the State, as
their interests appear according to their expenditures, to guarantee
that all work shall be done and completed in a good, competent and
workmanlike manner; and in compliance with the specifications hereto
specified.
(b) Any such applicant, simultaneously shall with the posting of the bond,
file with the Clerk of said City or Town a certificate of insurance,
or its equivalent, providing for public liability coverage in the sum
of not less than Twenty Thousand Dollars ($20,000) for each person and
not less than Forty Thousand Dollars ($40,000) in the aggregate for
anyone accident and not less than Ten Thousand Dollars ($10,000)
property damage, to protect, indemnify and save harmless the parties
hereto and their servants, agents and employees from any expense, costt
damage and liability of any kind or character whatsoever resulting from
or which may arise as a result of said app1ica~ts opening any of said
streetRt (avenu(~s) , or which may in anywise or manner be connected ~oli th
or related thereto.
(c) The work shall be subject to inspection by the engineers of the State,
and any work fonnd to be unacceptable shall be removed cmd S2t ic;fa~.-
torily corrected before the bond covering such work is released.
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(d) If unsatisfactory work or materials are not corrected within a
reasonable time after written notice by the State to the City, then
the City shall complete the work.
(7) Should said City or Town incorporate beyond the present city limits, and
8uch newly annexed area include portions of this Federal Aid Project not now within the
city limits, then this agreement, except for the participation required in paragraph (1)
above, by reference herein, will also apply to the newly annexed area.
(8) That the City or Town has reviewed and approved the plans and on behalf
of the City or Town the Mayor has subscribed his name on the first sheet of said plans.
(9) That the City or Town will maintain and enforce the ordinances and/or
regulations necessary and essential for the operations of the improvements as planned.
(10) The City of Bozeman shall provide water for the operation of the sprinkler
system during construction of the landscape portion of said project at no cost to the State
or State's contractor.
(11) Upon completion and acceptance by the Stat'e of said project, the City of
Bozeman shall be responsible for providing perpetual care of the planting material and
sprinkler system at no cost to the State. Replacement planting of damaged or dead plants,
by the City of Bozeman, shall be of the same or similar variety to that which was origi-
nally planted and shall not hinder the sight distance of the traveling public, as deter-
mined by the State.
(12) The City of Bozeman shall provide electricity for the operation for the
sprinkler system of said project at no cost to the State or the State's contractor.
iN WITNESS WHEREOF, the Director of Highways or his authorized representative
has hereunto subscribed his name on behalf of the State of Montana and affixed the seal
of the concurring S'-ate Highway Connnission, hereto, and the Hayor of 1:he City or Town of
Bozeman on behalf of said City or Town of Bozem?~ , has
subscribed his name and affixed hereto the seal of said City or Town.
Dated this 2 day of January 19 73 .
,CONCURRED IN BY /....----( \ STATE OF MONTANA
\MONTANA STATE HIGHWAYCOHmSSION '. / DEPARTMENT OF HIGHWAYS
.",-.-,..--\..--,j.- ,,/ ,//..- . "'-'-~~>J//
. '"'\ ,V - "-_._~'-- H.J. ANDERSON
~ \- "Chai== . Direeror of Highway,
ATn\sro ~L 7) I{
~~"':~~-='-'(7"/C'( .,-~< -.- ~ " A '//, ;:; ~ I!c~
/ /' ,secretary Administrator
/ Engineering Division
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I. ei\L ,-- F. {'f'L, , Clerk of th(;",^"'II""'\ of "Y)" ,/;, I:', " do
he ,~J1Y cert! that the above-mentioned agreement was regular.j,y' adel ted by t,he 'S~.-;:~Lof
),(';,v:.~ at a meetjr;l/ thereof held on the , ,7 ~ day of --12.:t.\/:" jJ;~ ....
19 ':::;1,..: ~.alld th3t the ~o-mrd:1: of ';";["'1 :_"',"\, autA" ri", d t,he Mayor totign this
agreement 00 behalf 6f<~'iifa- ~H. .j }-f- Y /, /
(('mM'J))',^,- . " KJI /'! / "~I '
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Signature
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RES 0 L UTI 0 N
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C~V'lI?7't''\..-
It is hereby resolved by the C€H:m-c-il of Bozeman that
the City or Town agreement of Federal Aid Project No. US 449(2)
with the State of Montana. acting by and through the Department of Highways, is adopted
by this )kraflal; and the Mayor of Bozeman is hereby empowered and
authoriie'(r'''t8'':~ecute said agreement on behalf of the Caum::il of Bozeman .
{O>>t .r/::>;>, "''\..
Dated this d (,irk... day of t\< u:',".L,,~ 19-:,1:k-'
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THIS AGREEMENT, made and enured into thi. (J-! day of
~ j)"-~fYl._6f:~.1 q 7 3,. by and batweon:
THB .7ATB OF MO~ANA, aoting by and throu9h the
Montana State Department of Highways, Helena,
Montana, hereinafter d..siqnatad "STA'1"ElI and
THE MONTANA POWER COMPANY, a corporation, Butte
Montana, hereinafter referred to ae "COMPANY",
WIT N E SSE T H:
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That the State in the development, construction and maintenance
of public highways desires to establish at various locations on said
highways a system of hi~hway illumination or such design aR required
for the purposes herein stated:
WrrGREAS, the State has 9 -400 watt, 20,000 lumen meroury vapor
lights and 20 - 1,000 watt, S3,OOO lumen mercury vapor lights within
the city limite on Project U 203(10) and on U-449 (2), Elevent:h
Avenue between ~est Curtis and ~ieBt Mendenhall and West Main Street
. bet,,'r~en ~'~ort.h l5thil.venue and the T,"est cit,..r llmlts at Bozeman,
Montana, all as shown on attached Exhibit "A", and desires to have
electrical power and maintenanoe furnished therefore and that the
Co1Ipany in 11:8 oooperat.ion wit.h the State is \.lil1ing and d..irous
of a8siatin9 and furnlahinq electrioal energy materials and servioe.
for the purposes stated under the following specific conditiona,
oovenants" and considorations, and none other.
NOW, ~nERBPORE, in consideration ot the premises and mut.ual
covenants hereto, it i8 a9reedt
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/ 1. Thatt the Statte .hall at it.. 0Wft Clxp.n.. pveha.., GOn..not,
locate, and es~ablish hiqhway lighting systems at suoh places and
looations a. in its sole judgment shall best serve the purpose. of
the State, and which systems shall be looated and established upon
the right of way of the S-tate, and which systems and appurtenances
Bhall remain the exclusive property of the State from the initial
point of energy delivery,and the State shall retain and aooept all
re.ponsibility and liability for such lightinq system.
2. The State shall consult with the Company at all times prior
to the establishment of any system 80 that the same may be best
desiqned for the energy available at eaoh location, it being under-
stood that economic and effioiont operations of both parties hereto
are dependent upon proper adaptation and use o~ the resources of
the parties.
3. The State shall hold the COMpany harmless from any liability
incurred or resulting from the construction, o?0.ration or rnaintenanC8
of the highway lighting systemr excepting, however, any liability
incurred whioh is the direct sole result of the negligence of the
Company, its agents, oremployeen. This :shall not b~ considered as
a waiver of the State's immunity as to third parties.
4. The State shall, insofar as consistent with its ability
cause said liqhting system established on the right of way to be
patroll~d for the purpose of preventinq vandalism or malicious
mischief and keeping the maintenance at a minimum.
s. rthe Company, in addition to the furnishing of electrical
energy as hereinafter Bet forth, to the point of delivery for the
Sta~. l1qhting system, shall upon notification by the Stat. of
breakage or autaqes, replace all glassware and bulbs and clean
the same .s hereinafter .et forth during the regular working hours
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at ita 80le expense' provided, however, the replacement of such
specific items shall not exceed the normal replacement as hereinafter
provided.
The Company has no obligation to patrol saId system. Lights
shall be turned on at dusk and turned off at da'~.
6. The Company 9hall charge and the State agrees to pay for
the electrieal energy and the normal maintenance for the RYAtem
on the following rate schedule;
$4.07 ger unit ?er month for each 400 watt, 20,000
lumen mercury vapor lamp.
S8.83 par unit per m~nth for each 1,000 watt, 53,000
m~rcury v~por lamp.
It i9 expressly understood that the rates above set forth are
based upon the current ~ffective rate schedule and upon normal wear
and breakage. The Company shall notify the State if breakage becomes
excessive, and thereafter the Stat. agrees to aesumo all coats in
excess of normal or usual annual breakage of glassware and bulbs.
It is mu~ual1y understood and agreed that normal or uanal breakage
of glassware and bulbs averages $11.50 per lurninaire per year. The
State agrees to pay the Company for replacing excessive breakage at
store's cost of materials and labor plus a peroentage equivalent of
the Company's current fringe benefits.
The Company agrees to provide additional repairs for the system
(other than the normal wear and breakage of glassware and bulbs) on
request of the State, and the State agrees to pay to the Company the
cost of such repairs. The coat of such repairs shall be th~ total
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~/- coat of materials and. labor plus a percentaqe equivalent of the
Company's current fringe benefits.
The rates and terms of this agreement apply only to each of the
lighting units herein specified and indicated on the attached
Exhibit -A", and if. additional unIts are subsequently installed, the
charges for suoh addit.ional lights shall be in aocordance with t.he
rates in effeot at the time suoh installations are made. All energy
charges herein set forth are SUbject to amendment or revision in
accordanee with approved sohedules aa published by the Motnana
Public Service Commission from time to time.
7. Th~ Company, in consideration of the payments t.o be made in
accordance with the sohedule above set forth, shall in addition to
the normal replacem.ent of glassware and bulbs, clean all qla8sware
and replace &.11 bulbs or other illuminating devices used thereon so
that all such devices shall provide suitable and adequate lighting
hereunder. Bulbs shall be replaoed not later than at the expiration
of manufacturer's recommended economic life thereof. All bulbs
replaoed or renewed shall be of equal quality or color oorrected as
-">.,~.,~,,gz;J..qiuaJ.. ,inata.llatioM .aqreed upon. Cost of cleaning of all
glassware and group replaoement of bulbs or other illuminating
device. a8 above set for~h shall be included and be a part of the
above .et rate 8chedule.
9. The City of Bozeman, Montana, hereinafter called "CITY~,
and the State are sharing the cost of electrical energy and main-
tenance of a portion of the facilities described in this agreement.
City is oontraotlnq directly with Company for payment ot City's
share ot the costs and expenses provided. for in this aqreement.
A oopy of the current contract is annexed hereto as Exhibit "B".
4.
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liI.,j:,~,/, 1. ft.... .ocell.R * lIhan to be bone byCU~y, 8~_ .hall be
al10t1l1d._en4it. of '.0.14 pH' _tb ..,.11l8t. the ....tal aaouat ct_
....ly under t]wa. bna, rat.e.. and coa41i:lona 8pecified 1n 'thIs
........t..
al11e to. ..t4 ..ni._1lbe11 _4_ aa4 payabl. 1ft oaah oS'
yaU4 ';'.1'1''''. at 'tHOI'l.. .of the c.pan,laBo..an, MOat.ana,
...... na4eh4 ..c:hllOllth,aa4 will _ooae ael1nqcaent. 'ten (10) 4ar.
,'-ber..".:&" . xt _:t.bl~l _1a. 4eliaqueDt. fOJ:IIO_. than ~~J'
(10) '4&"., th.eo.pany..y 4"'ao.t.iD,*1t.'..n.loe".Lth01lt: farthu
,t..:
notltt6.
9. It1au'n<14cat.0q4 and at.1t'Md tbat. the COII.pany ahallnoi:. be
..', 1101e lo:-fa!lure t.C)coiAplywi~ .ftyO! the tems and 001\41t.108.
" of this agre...nt vl\ereallOhfailure i. caus.d by acta of G04,
. .9Oft:rnm.n~al requlation8, or. order., .i;:rlkes or labo~ d1fflcnt1t.le.,.
fire., flood., 4co\1g'ht.a,elots, de.tACIt.ion ot.p:r:operty, ol'wl~ut
"
be1Dq 1.1m1 tell by tbefor':'J'l}o1ng I. by any other aause beyond the
n..onablecont.r:Qloft.heCompany.
10. lit lti.UD4erst:0e4 and' aqr..4 t.hAt a tert:1.1nat1on, DOll-renewal
~:;Ir;f,~H!""~;'r"":tIII"~ofW .!'~I"!,"~'t.~:".;"., :"'~ .",:,1 " " ,"~:':"J,:"",, ."",';',I~ " . ,. , . ',' "" " ,,',,~,,' .
, OJ: h801#418qol the C1t.y oon~;t'.ct. .hall be sufficient qZ'Oaa4afor
Company' to't8xm1natAt _._cind thlaoontract;. .Further, any br..ell
ol.tha Ct.t.ycon.t.ca., vbere" COMpany II1qbt discontinue .oniaa OJ:
MY ot;h~u: reaecu..., exc1114iat'...usy 4Map.,.al1 be abnach..
of this oontraotal1ovlng .coaparay. .___.,end the ..zovloe henWlder
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OJ: t.avoke '~. ~J:..-41.-.. ..01u41n, olaiae fOJrlll&ODftt;ar:y
. daaa<<J.. again8t. 8u_.
11. Thi. I!fr_nt.ah&11 ban a ~ of .en (10) 4aya froa 1:be
da~ benof, an4 aha11lMi..naewe4 "or an .a41ti.al un (lOl,.at'
period unl.... IU_ 9i...writ........loe ~o tth. .COIapUf. atl...t
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nln.'y (90) days befoZ'e 'the eXpirat.ion date of this contract ot its
1ntention not to renew t.he 8ame.
12. Any no~lee to be given hereunder may be served upon a party
personally Or served by mail directed to the party to be served at
the following addresses:
The Montana Power Company
P. o. Box 490
Boseman, Montana 59715
Department of Hiqhwaya
North Rouse
Bozeman, Montana 59715
IN WITNESS WHEREOF, the parties hereto have caused this aqr..ment
to b. executed in duplicate by the duly authorized otficers and aq.nte
and affix their official seals.
THE: liQNT1\.NA POWJl:R. CO-"fP.1\NY
ATTEST: ~ ( By'-ta.nagef. ~~~on
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A~'.n;.s'J,'; By
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. STATE OF MON'I'ANA
HIGHWAY COMMISSION
ATTEST: By sf George Vucanovich (6-8-73)
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Cha irman
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CONTRACT
w.:..................
THIS CONTIACT. .... ..4 .ter.' I.to thl. :J-6 day of ,) U /1€:-
" . 1915, by ..4 betv...TfU! MONTANA POWIt,a COMPANY, a
cewporatt... with offlce' .,Iutte, Moatana (herelaafter called the
"Co.,..y"); .... the CITY 0' tollMAN, Moat.D. (herelnafter called the
"Clt.y");
WIT HIS SaT HI
....... .... ... -- ... .... .... ,- .... ~
,WHlRlAS. .for the purpos. of ,.cuI'1.. hi.h level str..t 11,hting
on an operating-cost basis along the 5t1'..t' and avenues within the
blDurularies oltheare. d..ianate. Oil 8xhlhlt A hereto attached and
.ad.. part h.ereof, and
wnEREAS, the COT1pany i.willing to' fUl'nish. and. supply electTle
.-1'0 to operate hiah level stT.et ligh'ting facilitios within .ald
ar.. upon the teras and conditions heroinaiter set -r(')rtb~
NOW, TnEREPORIi. in c.orasidel"atton of the premises and of the
autual covenants and a.gr.e~ents herein s'Pacified to be kept ad
perfonaed by tlleparti..heret:ot it is "greed as follows:
1. OWNERSHIP OP 'ACILtTI.S A.'tfD OPE.RATION' 1'UEREOP:
'IIi~~_"';__~'~"~1j. III 'I ~ ~_~_""JI'___ -~
.;;!..,:.".~.,.,:,,'~., ."I,,,,,,,,.~"{"'""f"""~"f:'i.1,,',,.::':" :', ;iI' '~~" ",,:, :!. ": " ,:. ,'1,'. , .".
n. street It'gh'tlnl facilities and $yt.tem, hcrreinafteT ...,e
.pecifically "e,er-lheel. are ..4 .hall remain the proporty of the
Mont... Depart..nt of HlI1\1I&78. .... 'he Company agree. to furnish
_4 supply electric 811el'l1' to ..iel facilities and 'yste. for the
charl..and l.bJecttotheccna41,ltml her.lnafter .peed.fleally
let forth.
1. INSTALLATIONS TO II MADII
I' . .... . r ~
(a) Bln_th A._. bet.._ W..t Cu.rti. ......t ......ball
W.,t Mala Stl'..tbet...ta North lSth AYeaue ..4 W.., Clt,
Lt.lt.. .
. ---- .-..-.. ..~..".._-----
,
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(b) Type of 1..ta1.1ati.. Ualt Char,. Total Charge
'.1'_ Moftth ,- ...!_. r lIlo.n. th ,._..
f .. 400..tt ..I'C\lty ...,.1' S 4.0'1 $ 36 . 63
uat.t'.....'e'OJl .t..lpol..
21 4> ,1000 .att,..l'cu1'1 ...apor S 8 '. ~~
uat's ....ted Oft st..1 pol.. !~"!~l~~,
TOTAL MOMTlILY CHAlGI........................... $213.23
Of tb. .b... ,ot.llM1ltlaly chari., the City vill l'ay $.0.14 per
,... ...th on the b,,,i. .f'". char,..'heretofol'e '....., for; th. lh-
.tall_tion as it existed pYlor to,th. chutes aade therein by tbe
"
hp'l"tment ofHtlhways.to-"i ~,:
Unit Charlc Total Char,.
Per Mont Per Month
.
S -40;0 \ffttt1!\el'cu-ry vapor on $ 6.92
At,..1 poles S 34.60
2 .. 6000 lu..ntncandeseent on
wood pol.. t_~ ~77.. $ S~S4
TQTAL MONTHLY CHARGn.......~.................. $ 40.14
s. OPBRATION:
~'Io.oIII""11I1jo.j"lI'.
Liahtlshall be turned Oil at dusk and turned off at dawn .ach day
,HI"..wltt,.".........:..,tJti....ne...t. The Ctm1'any ,ball ha.eaodutyo!'
obl1,atloR to patrol .al.4 .treet 11'l!htl111 system to see that all of
.at4 light. an i.ope.,..tla. coadttloa at all times. butwi.l1 replace
1...,. aft4 Ile..war.withl.e 1'......b1. tl.. after recelYiaa notice
., ., outag.,whl.c:h "naoth.alled fr_ act. of the City. 01' the
Stat., their .,..t., ..ry.."., ..4 ..,loy.... or fro. the act. of
0111.... pe'l"OIl'. n. police offlceraatlol...n.hal1 ..eport any out..
_... ,. the C..,..., at It.offlce in 101.....I<<o.t.8&. TI\. faciliti..
. 2.
f', i . ...\:.,\. . .~.
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. ,,'.; ,"::,:',:,:".,' ........':.:" a
~.,.I.'::!'. ~~' .,':.~,:" .. _,~.l," ,_
.. .,..".., h.i.ta......l'.t..ft.r t.ferr.. to ..41 the chari.'
relattlll ,!t.....to." .. follow.:
4. CHARGBS.
. TlutClt1'UIl4.l'take..,.4';"'1'eelto p.,.the C.,.yfor operatlftl
.aiel .tr..t li.lat f..tlltt.....4 for. 011.er11l, .l.ctric eneray
. ther.forth., .atbly char,.. '.peelll.' .1. prece.in.'S.ctlo. I.
All ......IYUIII'I.....r.in..tferth.... .ubl.ct to ".nelaent or
" ;"..".1...6It.' l.'.cc.......c. 1ft n.pp....... .cheaute" al' "11ih.."r th..
Publlc'SftYlc. Co_i..ioa.' ...t_.ll"OIItl.. .to t1...
;
Billi,!o!' .ervl<<ehehUll4.l'u.11 b. .... a.el payable i.ca.h ot
" '
val_.' -warr&1lt. at,th. of.flce .f the Co.,..,. in JOI..... Mont...
whe. n.d.r.. ..ch...th.... w11.1 bee... ..11IUlU8.t ten (10) day.
there.fter. " If_,. bill.......t.. ..1Ia4......t for ..re tll..twe.ty
,'(:%"day., th. C.....~'i..y cU,c01ltlaue"..rvlce without further aotlee.
5. IN'fIDUPTtONSOP DavIClI
I
It 1. ..Clerstoo4ancl.,"",hat.theCn,aay .h.all .ot be ltable
for f.ilure to c.plyvltll ..y'of tb.et,.,.. aIld'coadttl01l8 .fthis
agr....nt where such failure 1. cauedby .ctl of G04. loyem...tal
'^";: ,~i~;~,'>~H.'~i'",,,.~~l':.~"',";~";:'<>, ';. '..','~:.: - ':'". ..1".. '.
regulation.orora.JlI. .trik.. or1abor 41'fflcultl.., fir.., fl'-ods.
d.rou.hts, riot., "Itructloa of prop.rty, or. withe.tbetn, 11.it.4
,by the for.,ob,.. by.., .t"'l'~ cau.. '.yoa4 the r.uo.able control
o lthe.Coapaay.
6.TBRMS:
'~ .
Tlll..ar.....t "lla11b. azul 1'._111 ill fUll force _4 effect for
. p.rlod of, ,two (2) y.ars and.l.ven(lll .OJlth, froa the date hereof,
jD'..h*11tll.ftafttr con tinIM lafetc.aud,.ffectfor .ue'l.it'.
S.
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pert.else' t1ro(Z)ye.I" a4.1e.ea (ll).oaw atl1 ... _le..
te11llnated Itl either ,uty 11Yll11 to the other party Dotice in
"ritla, .t le.st .ixty (60)ia.,. '1'101' to the 8sp1..atloDof the
l,dtl.1 'ara".r.of,or .., r......l uenof ,of 1 U int..t1n ~.
terataate this alreea.atattbe .xpir.tl~ of .uch initial tera or
., l'eJu...l.
'IN WITHBSS1ftOUmO', the,a1'tl.' hereto have ca..edth!. .,1'8.-
...t to 'e execute. in tr1pl1cate ~y their re.pective officer.
ther..to duly authortz.d,ne 4&1 ad the Y.." first above ",I"lt'ol1.
THI MONTANA POWBR COMPAMY
ATTlST: 'Y (l~
Mana,o.,- loa.... D1Vl.lOD
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AnBST: By
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