HomeMy WebLinkAboutSILD 460 Contract with NorthWestern Energy C 0 N T R A C T '�
THIS AGREZMENT, made and entered into this 5th day
of _ Isruar y , 196 6 , 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 BOZEMAN, a municipal
corporation organized under the laws of the State of Montana
(hereinafter called the "City") :
W 1 T N E S S E T H:
WHEREAS, Special Improvement Lighting Maintenance Dis-
trict No. 460 has been duly and regularly created by the City
,iss ion 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, and 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
T 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
type hereinafter specified and shall be installed at the loca-
tions and according to the specii`ications o; the City given
prior to the commencement of the work,
(a) Type of facilities: New mercury vapor, color-
improved lamps, mounted on tapered steel poles with enclosed
luminaires to be served by overhead ^.cr: t—(,tors ..'.t': uri:its
along and upon the streets and avenues `.med. _li n the re.,,oiution
creating said District.
(b) Locations: There will be 33 light unit:;, ::.uaced ana
located in accordance with the map of said 11Fhtin6r v.str'.ct on
file i-n the office of the City Engineer o ' the Cit-y c.' Bozeman,
Montana. Type of equipment and number oi' lights may tae modil'� ed
only by the written consent oi' the parties hereto.
SECTION 2. OWNERSHIP
The t :c9ai.;;?es to be constructed and insta.:iled ar��, a2:
shall rem--in, the p.r.operty oi' the Ccim_ any.
The fsi€Ff:i :';y agrer- to irstal,ai-id (operate : treet
Iij�j)ting Facilities in the I3-.strict, and to maintain :;a r ;sLe,,
f'or the charges hereinafter spec '. 'ied. Lights shat..: be turned
on at dus e and turned ol.— at dawn each Jay during the term <;;'
this agreement. The Company will make all necessary repairs ana
replacements with _n a reasonable time after recel.v'n& -�ot5c— of
any outage or other damage to equipment thereo:'. T:.,e )i I c
officers o.' the City shall rep:rt any outages to the Comp,nyss
office in Bozeman, Montana.
SECTIO;d 4. SUPPLY 0? ENERGY TO SYSTEM
The Company 'agrees to sur�ply elnctrical enerryr to saAd
street -J ighting systerr, for the charges here irla%'ter specA ied.
SECTION 5. CHARGES
The City undertakes and agrees to pay the Company 'or
z.'�.rnishing, operating and, maintain.i*rE as hereinabove prov dpd,
said street 1-ghting system to be cor:structed and owned by t',e
Company, and for supj?iying electrica., energy thereto, a:. O11",+d.'•:
For each 400 watt mercury vapor, 20,0<n iumen., col-r-
-mprove . .ghting; Lin t, the :;um oi' ja(a.=; per :;onth.
The ..hove ch,a-rgxe sham e'rJ,:1Y
lighting units herein specified; and if additional units are
subsequently installed with the mu,,,aal consent oL' the parties
hereto, the charges for such additional lights shall be in
accordance with the rates in effect at the time said installa-
tions are made.
The charge for electrical energy included in the above
rate is based upon Rate Schedule SL-64P applied to the wattage
of the lamp and ballast, and it is subject to amendment or re-
vision by the Public Service Commission of the State of Montana.
The charges shown above for the system are based upon
estimated normal wear and breakage for lamps, glassware and
poles. 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.
SECTION 6. FORCE MAJEURE
It is understood and agreed that the Company shall not be
liable for failure to comply with any of the term:> and conditions
of this agreement where such failure is caused by acts of God,
governmental regulations or orders, strikes or labor diffi-
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
effect b'or a period of two (2) years and eleven (11) months
from the date hereof, and shall thereafter conk=ie ill force
and effect 'or successive periods o_ two (2) years an-. eleven;
(11) months each, until and unless terminated by either party
giving to the other party notice in writing at lea5't sixty (60)
days prior to the expiration of the initial term hereof, or any
renewal thereof, of its :intention to terminate this agreement
at the expiration of sucij initial tern, or any renewal.
IN WITNESS WHEREO , the parties hereto have c-3.1..'sed this
agreement to be executed in duplicate by their duly authorized
officers.
THE MONTANA
By i
n�ger, ozPm n )w -6-n
CIM' G:,' B)ZEMAN, Mun;ciral
Corporata.crr.
May r j
AM'ES`P: