HomeMy WebLinkAbout009 - SILD 685 STREET LIGHTING AGREEMENT
THIS AGREEMENT is made and entered into this 14th day of December, 2006, by and
between NORTHWESTERN ENERGY, L.L.C., A Montana L.L.C., having its principal office and
place of business at 40 East Broadway, Butte, Montana, 59701 (hereinafter Company or NWE),
and the Citv of Bozeman, a municipal entity of the State of Montana, (hereinafter Customer).
WITNESSETH
WHEREAS, Special Improvement Lighting District No. 685 has been duly created by the
City of Bozeman; and
WHEREAS, Customer desires to obtain street lighting (hereinafter the System) within the
boundaries of said District; and
WHEREAS, the Company is willing to install, operate, maintain and supply electric energy
to the System upon the terms and conditions contained herein,
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
specified by the parties, it is agreed as follows:
1. INSTALLATION AND OWNERSHIP OF LIGHTING
The Company undertakes and agrees to maintain within the boundaries of the System
the following Metal Halide (MH) units:
A. Two 175 Watt MH Lumec streetlights on 20' poles, eight 100 Watt MH Lumec
streetlights on 17.5' poles and one 70 Watt MH Lumec streetlights on 17.5 poles.
This system will serve Phases 2C&D, Blocks 9-14 of Baxter Meadows Subdivision.
Said lights shall be installed at locations agreed upon between the parties as shown on
Exhibit A, attached hereto. Company shall endeavor to accomplish installation as soon as
reasonably possible.
The system and all associated materials shall remain the property of the
company.
2. MAINTENANCE AND OPERATION
Locations and numbers of units may be modified only by mutual consent of the parties.
The Company agrees to maintain, operate and supply electric energy to the System for
the charges hereafter specified. Lights shall be turned on at dusk and turned off at dawn each
day during the term of this Agreement. These lights are non-core (non-standard) items for the
Company and, as such, the Company will not maintain an inventory of replacement poles,
fixtures or parts. If the Customer elects to maintain an inventory of replacement parts, the
Company will reimburse the Customer the cost of such components. Otherwise, the Company
will order replacement parts as the need arises and there will likely be some delay in procuring
replacement components.
The Company shall have no duty or obligation to patrol the System to determine that all
of said lights are in operating condition at all times, but will make necessary repairs and replace
lamps within a reasonable time after notice of any outage.
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3. CHARGES
a. Monthly Charges
The Customer undertakes and agrees to pay the Company for maintaining and
operating the System and for delivering electric energy thereto, as follows:
No. of Watts Type Unit Chg/Mo Total ChglMo
Units
Two 175 MH S 42.89 $ 85.78
Ei ht 100 MH �40.19 $321.52
One 70 MH $39.20 $39.20
The unit charge for electric service shown above is based upon Rate Schedule ELDS-1
and is subject to amendment or revision by the Public Service Commission of Montana.
If the number of lighting units shall hereafter be increased upon agreement of the
Customer and The Company, the then applicable rate(s) shall apply to such additional units.
b. Additional Charges
The charges specified in the above schedule are based on normal conditions and do not
cover charges for extraordinary repair and/or replacement costs.
The company shall have the right to make an additional charge to the Customer for the
cost of labor (including applicable payroll overheads) and the actual material cost for repairs to
and/or replacement of the system for damage caused by third parties and not paid by such third
parties.
4. MONTHLY PAYMENT
a. Payment for the services rendered under this Agreement shall be due and
payable in cash or valid warrants at the office of the Company when rendered each month, and
will become delinquent ten (10) days thereafter. If any bill remains delinquent for more than
twenty (20) days, the Company may discontinue its service in accordance with its standard
termination procedures.
b. In the event product availability hinders replacement of a defective or failed
facility and an outage extends beyond one (1) month, upon the timely request of Customer, the
monthly charge will be abated until the outage has been repaired.
5. INTERRUPTIONS
It is 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 failure is caused by acts of God,
governmental regulations or orders, strikes, or labor difficulties, fires, floods, droughts, riots,
destruction of property, or, without being limited by the foregoing, by any other cause beyond
the reasonable control of the Company.
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6. TERM
This Agreement shall be and remain in full force and effect for a period of 3 years from
the original date signed and shall thereafter continue in force and effect for successive 3-year
periods unless terminated by either party giving the other party 1-year written notice. If,
however, the customer terminates this Agreement before the Company recovers its installation
costs, the Customer agrees to reimburse the Company for the remaining installation costs.
7. NOTICE
Any notice to be given under this agreement may be served upon a party personally or
served by mail directed to the party at the following addresses:
COMPANY CUSTOMER
NORTHWESTERN ENERGY, L.L.C. THE CITY OF BOZEMAN
121 E GRIFFIN DR P.O. Box 490
PO BOx 490 BOZEMAN, MT
BOZEMAN, MT 59771-0490 59771-1230
IN WITNESS WHEREOF, THE parties hereto have caused this Agreement to be executed in
duplicate by their duly authorized Representative, the day and year first above written.
NORTHWESTERN ENERGY, THE CITY OF BOZEMAN
(COMPANY� (Customer)
BY: BY: �
TITLE' �� VI I N MANACiER TITLE: CITY MANACiFR
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BAXTER 1VIEADOWS PHASE 2A, 2B , �C , & 2D
STREEZ' LIGHT SITE PLAN
10/3/05
ORIGINA�LY PREPARED 8Y �O��ABORATiVE DE57Gn ARCMITECTS - MODIf�EC 8Y PC OEVELOPMENT (PHASE 2C/CJ
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COMMISSION RESOLUTION NO. 3871
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO.
685 (BAXTER MEADOWS SUBDIVISION PUD, PHASES 2A,2B, 2C AND 2D)
DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE
THE DISTRICT FOR THE PURPOSE OF INSTALLING AND MAINTAINING
LIGHTING(MPROVEMENTS AND ASSESSING THE COSTS FOR INSTALLATION,
OWNERSHIP, MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED
PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT.
BE dT RESOLVED by the City Commission (the °Commission") of Ihe Ci4� �f 3�zeman (the
"City"), lvlo�t�na, as follows:
52ctior+ 1. Intention o Create District� Pro osed In�,�•�ve��er,ts. !! is c�ie inte;�t�on of this
Commissior�t�cr�atP and establish in the City under Montana Cc1 e A.n�ctat�ci,Tit!��%, L;h?atQr +2, Part
43, as amer�de�. a s�ecial improvement lighting district to serve the Eaxter��i�a�ow�cubcti�i�ion PUD,
Phases 2A, 2�, 2C:a►�� 2D(the"District")for the purpose of instaltiri�cs�t�ir� ;i,c3i�:in�`ixturss a�d paying
annual awrership,;naintenance and energy costs. Pursuant t�an�gr�em��t�the"A.c���c�er����")between
theCityar.c'�1�_rthwestem Energy(the"Company'),theCompany��rii!��st�l�,mGi.�ta�na�c'prcvideenergy
fo;th;rty-se�e� (�7) Domus Series light fixtures with segmented cut-o�f ootic� (the'`Fixtures"), of which
five (5;will be 175-watt fixtures mounted at 20 feet; thir�y-on (3''; will be 10�-��att fixtures mounted at
17Yz�eet; and ene(1)will be a 70-watt fixture mounted at 17'/z feet ai the loc?;ions shown on Exhibi
(the"Improvements"). The initial monthly charges per fixture per month (the"Nlonthly Charge")are as
follows: $41.58 for the 175-watt flxtures, $39.05 for the 100-watt flxtures and $38.13 for the 70-watt
fixture, for a total of $1,456.58 per month. The initial Monthly Charge is based on price of Fixtures
quoted by manufacturer as of the date hereof, wfiich are subject to increase on 30 days notice prior to
piacing an order.
The Monthly Charge is composed of an ov+mership charge for the Fixtures,an energy charge and
a charge for operatfon and maintenance of the Improvements. The Monthiy Charge may be increased
as approved by the Montana Public Service Commission, the rates for each component of which will be
shown on the Company's Schedule No. ELDS-1. The costs of the Improvements will �g payable from
special assessments to be levied against property in the DisUict.
Section 2. Number of District. The District, if the same shall be created and established,
shall be known ancJ designated as Special Improvement Lighting District No. 685 (Baxter Meadows
Subdivision PUD, Phases 2A, 26, 2C and 2D) of the City of Bozeman, Montana.
Section 3. Boundaries of District. The limits and boundaries of the District ara depicted
on a map attached as hi i B hereto(which is hereby incorporated herein and made a part hereof)and
more particularly described on Exh'b' hereto (which is hereby incorporated herein and made a part
hereof), which boundaries are designated and confirmed as the boundaries of the District. A listing of
each of the properties in the District is shown on Exhibit D hereto (which is hereby incorporated herein
and made a part hereo�.
Section 4. Benefitted Proaertv. The District and territory included within the limits and
boundaries described in Section 3 and as shown on Exhibits B, C and D are hereby declared to be the
special lighting district and the teRitorywhich will benefit and be benefitted by the Improvements and will
be assessed for the costs of the Improvements as described in Section 1. The Improvements, in the
opinion of this Commission, are of more than local and ordinary benefit. The property included within
said limits and boundaries is hereby deGared to be the property benefitted by the Improvements.
Section 5. Assessment Methods.
5.1 Property To Be Assessed. All properties within the District are to be
assessed for a portion of the costs of the Improvements,as specified herein. The costs
of the Improvements shall be assessed against the property in the District benefitting
from the Improvements, based on the actual area method of assessment described in
Sections 7-12-4323, M.C.A., as particularly applied and set forth in this Section 5.
5.2 Actual Area. All properties in the District will be assessed far their
proportionate share of the costs of the Improvements. The annual costs of the
Improvements at the initial Monthly Charge is $17,478.96 per year, and shall be
assessed against each lot, tract ar parcel of land in the District for that part of the costs
that the area of such lot, tract or parcel bears to the total area of all lots, tracts or
parcels of land in the District, exclusive of streets, avenues and alleys. The total area
of the District to be assessed is 23.01 acres, or 1,002,524.68 square feet, exclusive of
parks and open space. The initial costs of the Improvements per acre shall be$759.62,
or $0.017435 per square foot.
Section 6. a ment f ••essments. Special assessments for tt�e annual costs of the
Improvements in the(nitial amount of 17,478.96, plus any increases, as may be permitted by the Public
Service Commission, and any additional auihorized charges shall be levied each year against all
properties in the District and shall be payable i� �qual semiannual installments.
Section 7. Extraordinary 2eqair or Reolacement. The costs of the Improvements and
assessments set fonh in Section 1 and 5.2 are based on normal conditions and do not cover ch�rges
for extraordinary repair ancl/or re�lacemen# pursuant to the Agreement. The Company may mak� �n
additional charge to the City for �.os�ts cfi la6�r and actual material costs for repairs and/or replacement
of the fixtures for damage caused by third��arties and not paid by such third parties. The City will as�ess . .
such costs and charges against ttj� properties (n the District in the same manner as the other
assessment is made. � �
Section 8. Discontinuation of District. The City is obligated under the Agreement to
maintain the District for seven yeass. If at any time after the initial term of the District a petition is
presented to the City Commission, signed by the owners or agents of more than three-fourths of the total
amount of property v+nthin the district, asking that the maintenance and operation of the special lighting
system and the fumishing of electrical current in the district be discontinued, or if a majority of the City
Commission votes to discontinue a special improvement lighting district, the City Cornmission shali, by
resolutlon, provide for discontinuing the maintenance and operation of the lighting system. If the
Commission has, prior to the presentation of a petition or by a majority vote of the Commission to
discontinue the district, entered into any contract for the maintenance and operation of the lighting
system, the maintenance and operation may not be discontinued until after the expiration of the contract.
Section 9. Public Hearing; Protests. At any time within fifteen(15)days from and after the
date of the first publicati�n of the notice of the passage and approval of this resolution, any owner of real
property within the District subject to assessment and taxation for the cost and expense of making the
Improvements may make and file with the Clerk of the Commission until 5:00 p.m., M.T., on the
expiration date of said 15-day period (November 2, 20Q5) written protest against the proposed
Improvements, or against the extension or creation of the District or both, and this Commission will at
its next regular meeting after the expiration of the fifteen (15)days in which such protests in writing can
be made and filed, proceed to hear all such protests so made and filed; which said regular meeting will
be held on Monday, the 7th day of November 2005, at 7:00 p.m., in the Community Raom of the Gallatin
Caunty Courthouse, 311 West Main Street, Bozeman, Montana.
Section 10. Notice of Passaae of Resolution of Intention. The City Clerk is hereby
authorized and directed to publfsh or cause to be published a copy of a notice of the passage of this
resolution in the Bozeman Daily Chronic/e, a newspaper of general circulation in the county on October
18 and October 25, 2005, in the fo�m and manner prescribed by law, and to mail or cause to be mailed
a copy of said notice to every person, flrm, corporaGon, or the agent of such person, firm, or corporation
having real property within the District listed in his or her name upon the last completed assessment roll
for state, county, and school district taxes, at his last-known address, on or before the same day such
notice is first published.
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PASSED AND ADOPTED by the City Commission of t e City of Bozeman, Montana,at a regular
session thereof held on the 17th day October 2005.
i
AN E . ETRARO, Mayor
ATTEST:
� �
R IN L. ULL VAN
City Clerk
APPROVE S TO FORM:
� G L�, , ,����
P .
�
City Attome '
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NOTICE OF PASSAGE OF RESOLUTION OF INTENTION
TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 685
(BAXTER MEADOWS SUBDIVISION PUD, PHASES 2A, 2B, 2C AND 2D)
CITY OF BOZEMAN, MONTANA
NOTICE IS HEREBY GIVEN that on October 17, 2005, the City Commission(the "Commission")of
the City of Bozeman, Montana {the "City"), adopted a Resolution of Intention to Create Special Improvement
Lighting District No.685(the"District")forthe purpose offinancing the costs of installing lighting improvements
(the "Improvements")to serve the Baxter Meadows Subdivision PUD, Phases 2A, 2B, 2C and 2D, and paying
ownership charge, maintenance and energy costs relating thereto.
A cornplete capy of the Resolution of Intention (the "Resolution")is on flle wfth the City Clerk which
more specifically describes the nature of the Improvements,the boundaries and the area included in the Districf,
the location of the Improvements and other matters pertaining thereto and further particulars. A list of Qroperties
in the District and the amount of the initial assessment accompanies this notice.
Pursuant to an agreement (the� "Agreement"} between the City and Northwestern Energy (tt�e
"Compan "), the Company wil! instalf (37) Domus Series light fixtures with se mented cut-off optics (the
"Fixtures"�,of which five(5}will be 175-wa�t fixtures mounted at 20 feet;thirty-one�31)will be 100-v�att fixiures
mounted at 17'/�feet;and one(1)will be a 70-watt flxture mounted at 17%z feet(the"Improvement5'). The initia!
monthly charges perfixture per month (the"Monthly Charge")are as follows: $41.58 for the 17b-watt fixtures,
$39.05 for the 100-watt fixtures and $38.13 for the 70-watt fixture, for a totai of $'I,456.58 per month. The
Monthly Charge is composed of an ownership charge for the Fixtures, an energy charge and a charge for
operation and malntenance of the Improvements. The Monthly Charge may be increased as approved by the
Montana Public Service Commission.
All properties in the District will be assessed for their proportlonate share of the costs of the
Improvements which wil! be payable in equal semiannual installments. The annual costs of the Improvements
at the initial Monthly Charge is$17,478.96 per year,and shall be assessed against each lot, tract or parcel of
land in the District far that part of the costs that the area of such lot, tract or parcel bears to the total area of all
lots, tracts or parcels of land in the District, exclus(ve of streets, avenues and alleys. The total area of the
District to be assessed is 23.01 acres, or 1,002,524.68 square feet, exclusive of parks and open space. The
(nitlal costs of the Improvements per acre shall be $759.62, or $0.017435 per square foot. The annual
assessments for costs of the Improvements may be increased as approved by the Public Service Commission
and may be increased to cover extraardinary expenses of repafr and maintenance.
On Monday, November 7, 2005, at 7:Oa p.m., in the Communiry Room of the Gallatin Counry
Courthouse,311 West Main Street,Bozeman,Montana,the City Commission will conduct a public hearing and
pass upon all written protests against the creatlon or extension of the District, or the Improvements.
Written protests against the creation or extenslon of the District and the Improvements may be filed
by an agent, person, firm or corporation owning real property within the proposed District whose propert�r is
liable to be assessed for the Improvements. Such protests must be delivered to the Ciry Clerk at the Municipal
Building, 411 East Main Street, Bozeman, Montana not laterthan 5:00 p.m., M.T., on Wednesday, November
2, 2005.
Further information regarding the proposed District or other matters in respect thereof may be
obtained from the City Clerk at the Municipal Building, 411 East Main Street, Bozeman, Montana or by
telephone at(406) 582-2320.
Dated: October 18, 2005
BY ORDER OF THE CITY COMMISSION
OF THE CITY OF BOZEMAN, MONTANA
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Robin L. Su ivan
City Clerk
Legal Ad
Publication Dates: October 18 and October 25, 2005