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Home My WebLink AboutSILD 701Contract with NorthWestern Energy STREET LIGHTING AGREEMENT THIS AGREEMENT is made and entered into this 31 st day of October, 2007, 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 City of Bozeman, a municipal entity of Montana, (hereinafter Customer). WITNESSETH WHEREAS, Special Improvement Lighting District No. 701 has been duly created by the City of Bozeman for streetlights in Flanders Creek Subdivision; 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 high pressure sodium vapor(HPSV) units: A. Twelve (12)250 watt HPSV fixtures mounted on 35'fiberglass poles along Cottonwood Road, West Oak Street, and Durston Road. B. Nine (9) 100 watt HPSV fixtures mounted on 25'fiberglass poles along the local streets. C. This system will serve Flanders Creek 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. 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. 1 rAeslstltcontr 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 Twelve 250 HPSV $ 41.23 $ 494.76 Nine I 100 JHPSV $36.25 $326.25 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. 2 raeslstltcontr 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. 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 it's 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.A. Box 1230 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. NORTHWES ERN ENERGY, L.L.C. THE CITY OF BOZEMAN BY: WNY (Customer) , BY: TITLE: CUSTOMER ADVOCATE TITLE: CITY MANAGER St Lt# WMS Rate Premise# MPC Use Only 3 raeslstltcontr COMMISSION RESOLUTION N'0.4045 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO LIGHTINiG DISTRICT NO. 701 (FLANDERS CREEK SUBDIVISIO\);CREATING THE DISTRICT FOR THE PURPOSE OF INSTALLING AND MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR INSTALLATION, MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT. BE IT RESOLVED by the City Commission (the "Commission") of-tfre. City-of Bozeman, Montana(the"City"), as follows: - Section 1. Passage of Resolution of Intention. This Commission, on July 21, 2007, adopted Resolution No. 4037 (the "Resolution of Intention"), pursuant to which this Commission declared its intention to create a special lighting district,designated as Special Lighting District No.701 (Flanders Creek Subdivision ) of the City (the"District"), under Montana Code Annotated, Title 7, Chapter 12, Part 43, as amended(the"Act"), for the purpose of financing costs of certain Iocal improvements described generally therein (the "Improvements") and paving costs incidental thereto, including costs associated with the creation and administration of the District. Section 2. Notice and Public I Iearina. Notice of passage of the Resolution of Intention was duly published,posted and mailed in all respects in accordance with law,and on July 23,2007,this Commission conducted a public hearing on the creation of the District and the making of the Improvements. The meeting of this Commission at which this resolution was adopted is the first regular meeting of the Commission following the expiration of the period ended 15 days after the first date of publication of the notice of passage of the Resolution of Intention (the"Protest Period"). Section 3. Protests. 'vVithin the Protest Period, no protests were filed with the City Clerk. Section 4. Creation ofthe District, Insufficiency of Protests. The District is hereby created on the terms and conditions set forth in and otherwise in accordance with,the Resolution of Intention. The tindines and determinations made in the Resolution of Intention are hereby ratified and confirmed. Section 5. Prep-ration and Levving of assessments. It shall be the duty of the City Clerk to prepare all necessary schedules and resolutions for the levying of assessments in the District necessary to finance the Improvements and present such resolution to this Commission for adoption in conformaisce with Section 7-12-4328. M.C'.A_ an or before the first Monday in October. -rhe City Clerk is authorized to provide notice of the resolution of assessment and schedule a public hearing therefore in conformance with Sections 7-12-4329 ant! 7-12-4330, y1.C.A_ and upon final passage of such resolution deliver it to the City Treasurer. Section 6. Liahtine District Fund Established. There is hereby created a fund to be knor n as the Special bighting District No. 701 Fund (the "Fund"). All money- derived from the collection of the assessments as provided in Section 5 herein and the Act shall be deposited in the Fund and used to pa- costs of the Improvements. PASSED AND ADOPTED by the City COITITtliSSIOfl of the Citti of Bozeman, Montana,this 23"' day of July 2007. J —Vr L`5 Ia ATTEST. 1 C 'THIA J AN DELANEY Acting City Clerk APPROVED AS TO FORM: PAUL J. Lt) E C it) Attor ev CERTIFICATE AS TO RESOLUTION AND ADOP'T'ING VOTE 1. the undersigned,being the duly qualified and acting recording officer of the City of Bozeman. Montana (the "City"). hereby certify that the attached resolution is a true copy of Resolution No, 4039. entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,RELATING"I'O LIGHTING DISTRICT 701 (FLANDERS CREEK SUBDIVISION); CREATING THE DISTRICT FOR THE PURPOSE OF INSTALLING AND MAINTAINING LIGIITING IMPROVEMENTS AND ASSESSING THE COSTS FOR INSTALLATION, MAINTENA.N CE AND ENERGY THEREFOR TO I3E EFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT.4045(the"Resolution").on file in the original records of the City in my legal custody;that the Resolution was duly adapted by the City Commission,of the Citv at a mceling on July 23, 2007 and that the meeting vv'as duly held by the City Commission and was attended throughout by a quorum, pursuant to call and notice oFsuch meeting given as required by lain;and that the Resolution has not as of the date hereof Been amended or repealed. I further certify that, Upon vote hieing taken or, the Resolution at said meeting, the 1'611o%vitng Commissioners voted in favor thereof:Crs.Jacobson,Rupp,Kirchhoff;and Mayor Krauss;voted against the same: Cr. Becker: abstained from voting thereon: none; or were absent: none- WITNESS SS my hand officially this 23 d of.luly 2007 C THIA JO AN DEI.ANEY Acting City Clerk jI . , f Li r Pl „I ter- , I•,1 .I.. r II•, I.I. �� i + Ini- I tl IT ., _ I r �1 r I r Inr: I !"fl , I