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HomeMy WebLinkAbout51- Street Lighting Contract between the Montana Power Company and the City . . ,( . ..,. I - . STREET LIGHTING CONTMC! BETWEEN THE MONTANA POWER COMPANY Mill THE ill! OF BOZEMAN, MONTANA THIS CONTRACT, !lade and entered into thi.~ day or/~~, l~, by and between THE MONTANA POWER COMPANY, a corpora(ion having its principal office and place of business at 40 East Broadway, Butte, Montana, (hereinafter called the IlPower Company"), and the CITY OF BOZEMAN, a. municipal corporation organized under the laws of the state of Montana (hereinafter called the IICityn), WITNESSETH: WHEREAS, the street lighting system in the City of Bozeman, Montana, consists of a total of four-hundred one (401) street lamps, of which one- hundred fifty-seven (157) are owned by the City, and two-hundred forty-four (244) are owned by the Power Company; and WHEREAS, the City desires the Power Company to furnish electric power to said en.tire system. and maintain the same; ani, WHEREAS, the Power Company is willing to furnish electric power to said system and maintain the same: NOW, THEREFCRE, in consideration of the premises and of the mutual covenants and agreements herein specified to be kept and performed by the parties hereto, it is mutually agreed as follows: 1. OWNERSHIP OF SYSTEM: The City shall continue to own that portion of said street lighting system which it now owns, as hereinafter designated in paragraph numbered 4, and the Power Company shall continue to own that portion of said street lighting system which it now owns, as hereinafter designated in paragraph numbered 4. 2. MAINTENANCE AND OPERATION: The Power Company agrees to furnish, maintain and supply electric energy to said street lighting system for the charges hereinafter specified. Company assumes no responsibility for maintenance of underground cable on City owned portion of system. Lights will be turned on at dusk and tumed off at dawn each day during the term of this agreement. The Power Company shall have no duty or obligation to patrol said street lighting system to see that all of said lights are in - 1 - . , .' , . , ' '.. . . . operating condition at all times, but will make necessary repairs and replace light globes and glassware on said system within a reasonable time after receiving notice of any outage. The police officers of the City shall report any outages at the Company's office in Bozeman, Montana. 3. SUPPLY OF EIECTRIC mERGY 12. SYSTEM: The Power Company hereby agrees to supply electric energy to said system for the charges hereinafter specified. Service to the City owned portion of the system will be delivered at a single point of delivery, which is located in the rear of the Power Company's office at 18 East }~n Street, Bozeman, Montana. 4. CHARGES: The City undertakes and agrees to pay the Power Company for furnishing, maintaining and delivering electric energy to said street lighting system as follows: Unit Charge Total Charge No. of Lights Watts Current Lumens Per }l..onth Per Month Owned ~ Power Company: 75 310 6.6 amp. 6000 $2.31 $173.25 72 295 20 amp. 6000 2.25 162.00 75 310 Multiple 6000 2.31 173.25 3 143 Multiple 2500 1.61 4.83 21 61.5 6.6 amp. 1000 .91 19.11 Owned BI: City: 33 UG 310 6.6 amp. 6000 1.96 64.68 21 UG 540 6.6 amp. 10000 2.94 61.74 103 UG 143 6.6 amp. 2500 .96 j 98.88 Total Charge Per Month - - - - - - $757.74 Note: (The last item above "103 UG lights, 143 watts, 6.6 amp., 2500 lumens, at 96~ is a"frozen rate" and does not apply to any new lights to be added in the future.) The charge for electri c energy included in the above monthly charges is based upon Rate Schedule 51-50. Lamp wattages are in accordance with the manufacturers' 1947 ratings, and changes in efficiency will not be reflected in the electric energy cost unless manufacturers' ratings show a change in wattage of five per cent (5%) or more. The charges above shown for said system are based upon normal wear and breakage for lamps, glassware and poles. It is within the police power -2- . ~ . . . . '. .. , ... . .. . . of the City to prevent or to punish persons responsible for wanton and malicious damage to street lights. In consequence thereof, the Power Company shall have the right to make an additional charge to the City at the actual cost of material and labor for repairs and replacements in said system made necessary by the acts of third parties.. If the number of lighting units shall hereafter be increased upon the mutual agreement of the City and the Power Company, the above charges shall apply to such additional units of the same style, size and character as shall be installed. Bills for service hereunder shall be due and payable in cash or valid warrants at the office of the Power Company in Bozeman, Montana, when rendered each month, and will become delinquent ten (10) days thereafter. If any bill remains delinquent for more than twenty (20) days, the Power Company may discontinue service without further notice. 5. INTERRUPI'IONS .Qf SERVICE: It is understood and agreed that the Power 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 acts of God, governmental regulations or orders, strikes or labor difficulties, fires, floods, droughts, riots, destruction of peoperty, or, without being limited by the foregoing, by any other cause beyond the reasonable control of the Power Company.. 6. TERM: This agreement shall be and remain in full force and effect for a period of two (2) years and eleven (11) months frem the date hereof and shall thereafter continue in force and effect for successive periods of two (2) years and eleven (11) months each until and unless terminated by either party giving to the other party notice in writing at least sixty (60) days prior to the expiration of the initial tenn hereof, or any renewal thereof, of its intention to terminate this agreement at the expiration of such initial term or any renewal. - 3 - . ~ . " . . . . .. . . '" ".~ ... . . . IN WITNESS WHEREOF, the parties hereto have caused this agreEment to be executed in duplicate by their reepective officers thereunto duly authorized, the day and year first above written. THE MONTANA PCWER COMPANY, By fJ/~t / Manag'~r, zeman-Livingston Division / / / / --- -,- Mayor ATTEST: ~~~ ~Clerk7~~ - 4 -