HomeMy WebLinkAboutSILD 697 Contract with NorthWestern Energy STREET LIGHTING AGREEMENT
ALDER CREEK SUBDIVISION, PHASE 3
THIS AGREEMENT is made and entered into this 8th day of.tune, 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. 697 has been duly created by the
City of Bozeman for streetlights in Alder Creek Subdivision, Phase 3; 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. Three (3) 150 watt HPSV shoebox style fixtures mounted at 35' on round fiberglass
poles along South 11th Ave. and four(4) 100 watt HPSV shoebox style fixtures
mounted at 25' on square fiberglass poles along local streets.
B. This system will serve the Alder Creek Subdivision, Phase 3 in Bozeman, MT
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.
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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 Chg/Mo
Units
Three 1150 1 HPSV $ 35.61 $ 106.83
Four 1100 1 HPSV 1 $29.61 J $118.44
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.
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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
(COMPANY) (Custome )
BY: BY; C"It
TITLE: (VISION MANAGER TITLE: CITY MANAGER
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Time: 06/08107 15:58:51
Session: J:\COMMON—I\GTVIEW—I\BOZEMA—I.GTS
North Western Energy Map Extract
This information is proprietary and confidential data of North Western Energy
Center: (1571441.5, 513343.3) ,Zoom: 117.4
COMMISSION RESOLUTION NO.4015
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN,MONTANA,RELATING TO LIGHTING DISTRICT NO.697
(ALDER CREEK SUBDIVISION,PHASE 3);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 the City of Bozeman,
Montana (the"City"), as follows:
Section 1. Passage of Resolution of Intention. This CommissiW on APP 9,2007,adopted
Resolution No.4011 (the "Resolution of lntention"), pursuant to which tliis Commission declaied its
intention to create a special lighting district, designated as Special Lighting-Disifc- N-c. 697 (Alder
Creek Subdivision, Phase 3 ) of the City (the "District"), under Montana 39 ;Adnz1ated, Title 7,
Chapter 12, Part 43, as amended (the "Act"), for the purpose of financlnz-.costi of certain local
improvements described generally therein (the "Improvements") and paying cdaxs indcrEtal thereto,
including costs associated with the creation and administration of the District.
Section 2. Notice and Public Hearing. Notice of passage of the Resolution of Intention was
duly published, posted and mailed in all respects in accordance with law, and on April 9, 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 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
conformance with Section 7-12-4325,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. Lighting District Fund Established. There is hereby created a fund to be known as
the Special Lighting District No.697 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 Commission of the City of Bozeman,Montana,this
7`b day of May 2007.
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ATTEST:
YR
BRrrFONTFXOT
City Clerk
APPROVED AS TO FORM:
PAUL . W
City Attorney
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. 4015, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT 697 (ALDER CREEK
SUBDIVISION PHASE 3); 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. 4015 (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 May 7,2007 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: Cr. Kirchhoff,Cr.Jacobson,and Mayor Krauss;voted against
the same: Cr. Becker and Cr.Rupp; abstained from voting thereon: none; or were absent. none.
WITNESS my hand officially this May 7, 2007.
B TENA
City Clerk