HomeMy WebLinkAboutSILD 459 Contract with NorthWestern Energy CONTRACT 1)i ,`i , 45
THIS AGREEMENT, made and entered Into this Ith day
of .Tan ^Y 1966 , by and between THE MONTANA
POWER COMPANY, a corporation, having its principal office and
place of business at 40 East Broadway, Butte, Montana (herein-
after called the "Company") and the CITY OF BOZEMA.N, a municipal
corporation organized under the laws of the State of Montana
(hereinafter called the "City");
W I T N E S S E T H:
WHEREAS, Special Improvement Lighting; Maintenance District
No. 459 has been duly and regularly created by the City Co
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
WHEREAS, the Company is willing to supply, install and
own the facilities within said District, ana furnish electrical
energy to and maintenance for said District upon the terms and
conditions hereinafter set forth;
NOW, THEREFORE, in consideration of the premises and
mutual covenants of the parties hereto, it is agreed as follows:
,SECTION 1. INSTALLATION OF NEW FACILITIES
The Company undertakes and agrees to construct and Install
the street lighting facilities in said District at its own ex-
pense, and such work shall be commenced and completed as soon
as reasonably possible. The said facilities shall be of the
Lyrae 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) `:ype of facilities: New mercury vapor, color im-
proved lamps, mounted on tapered steel poles with enclosed
luminaires to be served by overhead conductors with 8=; units
along and upon the streets and avenues named in the resolution
creating said District.
(b) Locations: There will be 85 light units, spaced
and located in accordance with the map of said lighting District
on file in the office of the City Engineer of the City of Bozeman,
Fontana. 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 are, and
shall remain, the property of the Company
SECTION 3. MAINTENANCE AND OPERATION
The Company agrees to install and operate said street
lighting facilities in the District, and to maintain said syste7,
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 thereo:'. The police
officers of the City shall report any outages to the Company's offt.ce
in Bozeman, Montana.
SECTION 4. SUPPLY OF ENERGY TO SYSTEM
The Company agrees to supply electrical energy to said
street; lighting ;system for the charges hereinaf'trar z"ec.ified.
CHARGES
The City undertakes and agrees to pay the Company for
I operating and maintaining as hereinabcve 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,OOU lumen, coior-
improved lighting; unit, the sum of $3.70 per month.
The above charge shall apply only to each of the 0 lignti
units he rein specified; and if additional units are subsequently
installed with the mutual consent of the parties hereto, the
charges for such additional lights shall be in accordance with
the rates in effect at the time said installations are made.
The charge for electrical energy included in the above
rate is based upon Fate schedule SL-64P applied to the wattage
of the :.amp and ballast, and it is subject to amendment or re°
v1slan by the Public Service Commission of the State of Montana,
�jq!,,. above shown for the system are based upon
estimated normal wear and breakage for lamps, glassware and
voles. it is within the police power of the City to prevent or
punish persons 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.
Bills 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.
SEC'TIoN 6o P10RCF, MA3EUKE
znd agreed that the Company shall n t
be liable for failure to comply with any of the terms and cond5-
tions of this agreement where such failure ,1-s caused by acts of
Cod, governmental regulations or orders, strikes or labor diPf'i-
culties, 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.
SECTION 7. TERM
This agreement shall be and remain in full force and
e_fect for a period of two (2) years and eleven (11) months from
i
the date hereof, and shall thereafter continue in force and
affect for successive 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 re-
newal thereof, of its intention to terminate this agreement at
the expiration, of such initial term or any renewal.
IN WITNESS 'WHEREOF, the parties hereto have caused this
agreement to be executed in duplicate by their duly authorized
officers,
THE MONTANA POWER COMPANY
By
111l0nager, Bozeman Divislon
CITY OF BOZEMAN, a Municipal
Corporation
-,'
Mayor
i
ATTEST:
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