HomeMy WebLinkAbout66- Montana Power Company Contract (2)
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THIS AGREEMENT, made and entered into this 2rl:-! day of
N~)vernb",.1.~ 196~, by and between THE MONTANA POWER COMPANY,
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a corporation, having its principal office and place of business at
40 East Broadway, Butte, Montana (hereinafter called the "Company")
and the CITY OF BOZEMAJi, a municipal corporation organi7ed under the
laws of the State of Montana (hereinafter called the "City")z
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WH&REAS, Special Improvement Lighting Maintenance District No.
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~~3 has been duly and regularly created by the City Commission of the
City of Bozeman, Montana, for the purpose of provid~n9 new mercury
vapor color improved street lights along and upon the streets and
avenues within the boundari.s of said District, and
WHEREAS, The Company is willing to supply, install and own the
facilities within 8aid District, and furnish electrical energy to and
maintenance for said District upon the terms and conditions hereinafter
Bet forth,
NOW, THEREFORE, in consideration of the premia.s and mutual
covenants of the parti.s hereto, it is agreed as follows.
SECTION 1. INSTALLATION OF HEW FACILITIES
The Company undertakes and agrees to construct and install the
street lighting facilities in said District at its own expense, and
such work shall be commenced and completed as Boon as reasonably
possible. The said facilities shall be of the type hereinafter specified
and shall be installed at the locations and according to the specifications
of the city given prior to the commencement of the work.
(a) Type of facilitiesz New mercury vapor, color improved lamps,
mounted on tapered steel poles with enclosed luminaires to be served
by overhead conductors with 13 units along and upon the streets and
avenues named in the resolution creating said District.
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(b) Locationsl There will be 13 light units, spaced and located
in accordance with the map of said lighting District on file in the
office of the City Engineer of the City of Bozeman, Montana. Type
of equipment and number of lights may be modified only by the written
consent of the parties hereto.
SECTION 2. OWNBRSHIP
The facilities to be constructed and installed are, and shall
remain, the property of the Company.
SECTION' 3. MAINTENANCE AND OPERATION
The Company agrees to install and operate said street lighting
facilities in tbe District, and to maintain said system for the charges
hereinafter specified. Lights shall be turned on at dusk and turned
off at dawn each day during the term of this agreement. The Company
will make all necesaary repairs and replacements within a reasonable
time after receiving notice of any outage or other damage to equtpment
thereof. The police officers of the city shall report any outages
to the Company's office in Bozeman, Montana.
SECTION 4.. SUPPLY OF ENEIGY TO SYSTEM
The Company agrees to supply electrical energy to said street
lighting system for the chargee hereinafter specified.
SECTION 5. CHAPGES
The City undertakes and agrees to pay the Company for furnishing,
operating and maintaining as hereinabove provided, said street lighting
system to be constructed and owned by the Company, and for supplying
electrical energy thereto, a8 followsl
FOl each 175 watt mercury vapor, 7,000 lumen, color improved
lighting unit, the Bum of $3.70 per month.
The above charge ehall apply only to each of the 13 light units
herein specified; and if additional units are 8ubsequestly installed
with the mutual consent of the parties hereto, the charge for such
additional lights shall be in accordance with the rates in effect at the
time said installations are made.
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The charge for electrical energy included in the abo~e rate is
baaed upon rate schedule SL-64P applied to the wattage of the lamp
and ballast, and it is subject to amendment or revision by the publice
Service Commission of the State of Montana.
The charges above shown for the system are baaed upon estimated
normal wear and breakage for lamps. qlassware and poles. It is within
the police power of the City to prevent or punish persons responsible
for wanton and malicious damage to street lights. In consequence
thereof, the Company shall have the right to make an additional charge
to the City of the actual cost of the material and labor for repairs
to and replacements in said system, mad. necessary by the acta of third
partie..
Billa for said services shall be due and payable in cash or valid
warrants at the office of the Company in Bozeman, Montana, when rendered
each month, and will become delinquent ten (10) days thereafter.
SECTION 6. FORCE MAJBURE
It ia understood and agreed that the Company shall not be liable
for failure to comply with any of the termS and conditions of this
agreement where such failure is caused by act. of God, goverfunental
regulations or orders, strikes or labor difficulties, fires, f 10OOs,
drollghts, riota, destruction of property, or, without being limited
by the foregoing, by any other cause beyond the reasonable eontrol of
the Company..
SBCTIOH 7. TERM
This agreemant shall bl~ and re.ain in fl.ll ~ force and eff(~ct for
a per lod of t.,,,,o (2) years and eleven ( 11) months from th.~ dat.? t,.~, I?of,
and 3hall th~rC!afte:r contin~'C! in forcl.1 and eff.'?ct for ",ucce.l!liva periods
of two (2) years and eleven (11) months, each, until and unless terminated
by either party giving to the othex: party notice in writing at least
s ixt)' (60) days prior to the expiration of the initial term hereof,
or any renewal thereof, of ita intention to terminate this agreement
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at the expiration of 8uch initial term or any renewal.
IN WITNESS WHEREOF, the parties hereto have caused this aqreemlimt
to be executed in duplicate by their duly authorized officers.
'l'liE MONTANA pOWER COMPAblY
8Y(\~< A /V1 / (?1- jj;,€AL '-1
~nagel, Bozeman Di 'i~e~
CITY OF BOZEMAN, .) Munj,c ~pa l
Corporation, ,'1
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T/ Mayor/
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ATTEST:
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City Clerk