Loading...
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. - 2 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 - 3 - 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