HomeMy WebLinkAboutSILD 699 Contract with Northwestern Energy STREET LIGHTING AGREEMENT
THIS AGREEMENT is made and entered into this 22nd 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 the State of Montana, (hereinafter Customer).
WITNESSETH
WHEREAS, Special Improvement Lighting District No. 699 has been duly created by the
City of Bozeman for streetlights in Bozeman Gateway Subdivision along Fowler Ln.; 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. Seven (7) 200 watt HPSV fixtures mounted on round steel poles at 35' along Fowler
Lane.
B. This system will serve part of Phase 1 of Bozeman Gateway 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
r:leslstltcantr
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 Chg/Mo
Units
Seven 1200 HPSV 44.68 312.76
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
r:leslstttcontr
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 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 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.
NORTHWESTERN ENERGY, L.L.C. THE CITY OF BOZEMAN
(Customer
BY: BY:
TITLE= CLJSTnMFR ADynCATE TITLE: CITY MANAGER
3
r:leslstltcontr
COMMISSION RESOLUTION NO. 4045
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO LIGHTING DISTRICT NO. 701 (FLANDERS
CREEK SUBDIVISION); 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") af-ff�e City-9 Bozeman,
Montana(the"City"),as follows: -
Section 1. Passage of Resolution of Intention. This Commission, on July 2, 2007, adopted
Resolution No. 4037 (the "Resolution of Intention"), pursuant to which this Commission declared its
intention to create a special Iighting 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 local improvements described generally
therein (the "Improvements") and paying costs incidental thereto, including costs associated with the
creation and administration of the District.
Section 2. Notice and Public I Iearin . 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. Within the Protest Period, no protests were filed with the City Clerk.
Section 4. Creation of the 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 findings
and determinations made in the Resolution of Intention are hereby ratified and confirmed.
Section 5. Preparation and Levying of Assessments. It shall he 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 conformance with
Section 7-12-4328, M.C.A., on or before the first Monday in October.
The 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 and 7-12-4330, M.C.A., and upon final
passage of such resolution deliver it to the City Treasurer.
Section 6. L iahting District Fund Established. There is hereby created a fund to be known as the
Special Lighting 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 pay costs
of the Improvements.
PASSED AND ADOPTED by the City Cornmissiort of the City of Bozeman,Momana,this 23"
day of July 2007.
J ' F US
ay r
ATTE-ST;--`
C THIA J AN DELANEY
Acting City Clerk
APPROVED AS TO FORM:
APAULJ. y
CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE
I, 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 TO LIGHTING DISTRICT 701 (FLANDERS CREEK SUBDIVISION);
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.4045(the"Resolution"),on file in the original records of the City in my legal
custody; that the Resolution was duly adopted by the City Commission of the City at a meeting on July 23,
2007 and that the meeting was duly held by the City Commission and was attended throughout by a quorum,
pursuant to call and notice of such meeting given as required by law; and that the Resolution has not as of
the date hereof been amended or repealed.
I further certify that, upon vote being taken on the Resolution at said meeting, the following
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.
WITNFSS my hand nfficially this 23`d of July 2007.
C THIA JO AN DELANEY
Acting City CIerk
— C74227^
t L s. YZ25
•224 _ --
L SS2__1a.Pz-�'� t !). / ,J4i 5 t a•r ��t ..
St�d':�� •�5�22:3 '� .. -
223 —..____•• t; �+ �e8 - .
trl,305 R1
�: i.I: _ -1• -------'—'--' _. .r• ��� gib'. --_. — --
�
2 f � Ii�stG$sce _
1 S 7 RE ! �IGEi+ l PLAN
IJ
i
k