HomeMy WebLinkAboutSILD 462 Contract with NorthWestern Energy R2 N T 1t A C T
THIS AGREEMENT, made and entered into this '�^� day of
:,,voc'ho- _ , 196; , by and between THE MONTANA POWER COMPANY,
a corporation, having its principal office and place of business at
40 East Broadway, Butte, Montana (hereinafter called the "Company")
and the CITY OF BOSgMAN, a municipal corporation organized under the
laws of the State of Montana (hereinafter called the "City") s
W I T X 2 8 S9TUs
WHERffAS, Special Improvement Lighting Maintenance District No.
463 has been duly and regularly created by the City Commission of the
City of Bozeman, Montana, for the purpose of providing new mercury
vapor color improved street lights along and upon the streets and
avenues within the boundaries of said District, and
WHERFAS, The Comp usy is willing to supply, install and own the
facilities within said District, and furnish electrical energy to and
maintenance for said District upon the terms and conditions hereinafter
not fortht
NOW, THEREFORE, in consideration of the premises and mutual
covenants of the parties hereto, it is agreed as followns
SECTION I. INSTALLATION OF NEW FACILITIES
The Company undertakes and agrees to construct and install the
street lighting facilities in said District at its own �—enis–el and
such work shall be commenced and completed as soon as reasonably
possible. The said facilities shall be of the type hereinafter specified
and shall be installed at the locations and according to the specifications
of the City given prior to the commencement of the work.
(a) Type of facilitiess New mercury vapor, color improved lamps,
mounted on tapered steel poles with enclosed luminaires to be served
by overhead conductors with 13 units along and upon the streets and
avenues named in the resolution creating said District.
(b) Locations% There will be 13 light units, spntced and located
in accordance with the map of said lighting District ors file in the
office of the City Engineer of the City of Bozeman, Mosstana. Type
of equipment and number of lights may be modified only by the written
consent of the parties hereto.
SECTION 2. OWNERSHIP
The facilities to be constructed and installed arm, and shall
remain, the property of the Company.
SECTION 3. MAINTSbiMCE_ AND_OPERATION
The Company agrees to install and operate said street lighting
facilities in the District, and to maintain said system for the charges
hereinafter specified. Lights shall be turned on at dusk and turned
off at dawn each day during the term of this agreement. The Company
will make all necessary repairs and replacements within a reasonable
time after receiving notice of any outage or other damage to equipment
thereof. The police officers of the City shall report any outages
to the Company's office in Bozeman, Montana,
SEC Offi Q. SUPPLY OF TNEPGY TO SYSTEM
The Company agrees to supply electrical energy to said street
lighting system for the charges hereinafter specified.
SECTION S. CHARGES
The City undertakes and agrees to pay the Company for furnishing,
operating and maintaining as hereinabove provided, said street lighting
system to be constructed and owned by the Company, and for supplying
electrical energy thereto, as follows:
For each 175 watt mercury vapor, 7,000 lumen, color improved
�L{
lighting unit, the sum of $3.70 per month.
The above charge shall apply only to each of the 13 light units
h in •pecified:�andi" ona with the mutual f the parties hereto, the charge for such
additional lighe in accordance with the rate■ in effect at the
tune said instare made.
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The charge for electrical energy included in the above rate is
based upon rate schedule SL-641P applied to the wattage of the lamp
and ballast, and it is subject to amendment or revision by the Publics
Sez -Commission of the State of Montana.
The charges above shown for the system are based upon estimated
normal near and breakage for lamps, glassware and poles. It is within
the police power of the City to prevent or punish persona responsible
for wanton and malicious damage to street lights. In consequence
thereof, the Company shall have the right to make an additional charge
to the City of the actual cost of the material and labor for repairs
to and replacements in said system, made necessary by the acts of third
parties.
Sills for said services shall be due and payable in cash or valid
warrants at the office of the company in Bozeman, Montana, when rendered
each month, and will become delinquent ten (10) days thereafter.
SRCTJN 6, FORCE MWEURB
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 such failure is caused by acts of Clod, governmental
regulations or orders, strikes or labor difficulties, fire*, hoods,
droughts, riots, destruction of property, or, without being limited
by the foregoing, by any other cause beyond the reasonable control of
the Company.
SECTION 7. TERM
This agreement shall be and remain in full force and effect for
a period of two (2) years and eleven (11) month from the dat,v
and shall tharaaftax cantin-,,e in force and nff-act for -uccesaive 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 term hereof,
or any renewal thereof, of its intention to terminate this agreement
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at the expiration of such initial term or any renewal.
IN WITN$SS WHEREOF, the parties hereto have Caus4od this agreement
to be executed in duplicate by their duly authorized officers,
M MONTANA POWER COMPANY
By a.
nagex, Bozeman Iii .is on
CITY OF BOO N, a Mun�.c•-pa i
Corporation ,
y
}^ J
By.
Mayor
ATTESTS
City Clerk