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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: