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Home My WebLink AboutSILD 707 Resolution 4000 (Diamond Estates #2 Phases 1 & 2) STREET LIGHTING AGREEMENT THIS AGREEMENT is made and entered into this 23rd day of February, 2007, by and between NORTHWESTERN ENERGY, L.L.C., A Montana L.L.C., having its principal office and place of business at 40 East Broadway, Butte, Montana, 59701 (hereinafter Company or NWE), and the City of Bozeman, a municipal entity of the State of Montana, (hereinafter Customer). WITNESSETH -1.�-"-1 WHEREAS, Special Improvement Lighting District No. 689 has been duly created by the City of Bozeman; and WHEREAS, Customer desires to obtain street lighting (hereinafter the System)within the boundaries of said District; and WHEREAS, the Company is willing to install, operate, maintain and supply electric energy to the System upon the terms and conditions contained herein, NOW, THEREFORE, in consideration of the mutual covenants and agreements herein specified by the parties, it is agreed as follows: 1. INSTALLATION AND OWNERSHIP OF LIGHTING The Company undertakes and agrees to maintain within the boundaries of the System the following high pressure sodium vapor units for Diamond Estates#2, Phases 1 & 2: A. Nineteen (19) 250 watt High Pressure Sodium Shoebox fixtures on 35' poles along Durston Rd., Ferguson Ave. and Oak Street and eighteen (18) 100 watt High Pressure Sodium fixtures on 25' poles along local streets. Said lights shall be installed at locations agreed upon between the parties as shown on Exhibit A, attached hereto. Company shall endeavor to accomplish installation as soon as reasonably possible. The system and all associated materials shall remain the property of the company. 2. MAINTENANCE AND OPERATION Locations and numbers of units may be modified only by mutual consent of the parties. The Company agrees to maintain, operate and supply electric energy to the System for the charges hereafter specified. Lights shall be turned on at dusk and turned off at dawn each day during the term of this Agreement. The Company shall have no duty or obligation to patrol the System to determine that all of said lights are in operating condition at all times, but will make necessary repairs and replace lamps within a reasonable time after notice of any outage. 1 raeslstltcontr I CHARGES a. Monthly Charges The Customer undertakes and agrees to pay the Company for maintaining and operating the System and for delivering electric energy thereto, as follows: No. of Watts Type Unit ChglMo Total ChglMo Units 19 1250 1 HPSV 1 $38.67 1 $734.73 1$ 1100 1 HPSV J $33.78 60$.04 The unit charge for electric service shown above is based upon Rate Schedule ELDS-1 and is subject to amendment or revision by the Public Service Commission of Montana. If the number of lighting units shall hereafter be increased upon agreement of the Customer and The Company, the then applicable rate(s) shall apply to such additional units. b. Additional Charges The charges specified in the above schedule are based on normal conditions and do not cover charges for extraordinary repair and/or replacement costs. The company shall have the right to make an additional charge to the Customer for the cost of labor (including applicable payroll overheads) and the actual material cost for repairs to and/or replacement of the system for damage caused by third parties and not paid by such third parties. 4. MONTHLY PAYMENT a. Payment for the services rendered under this Agreement shall be due and payable in cash or valid warrants at the office of the Company when rendered each month, and will become delinquent ten (10) days thereafter. If any bill remains delinquent for more than twenty (20) days, the Company may discontinue its service in accordance with its standard termination procedures. b. In the event product availability hinders replacement of a defective or failed facility and an outage extends beyond one (1) month, upon the timely request of Customer, the monthly charge will be abated until the outage has been repaired. 5. INTERRUPTIONS 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 failure is caused by acts of God, governmental regulations or orders, strikes, or labor difficulties, 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. 2 rleslstltcon tr 6. TERM This Agreement shall be and remain in full force and effect for a period of 3 years from the original date signed and shall thereafter continue in force and effect for successive 3-year periods unless terminated by either party giving the other party 1-year written notice. If, however, the customer terminates this Agreement before the Company recovers its installation costs, the Customer agrees to reimburse the Company for the remaining installation costs. 7, NOTICE Any notice to be given under this agreement may be served upon a party personally or served by mail directed to the party at the following addresses: COMPANY CUSTOMER NORTHWESTERN ENERGY, L.L.C. THE CITY OF BOZEMAN 121 E GRIFFIN DR P.O. Box 1230 PO Box 490 BOZEMAN, MT BOZEMAN, MT 59771-0490 59771-1230 IN WITNESS WHEREOF, THE parties hereto have caused this Agreement to be executed in duplicate by their duly authorized Representative, the day and year first above written. NORTHWESTERN ENERGY, L.L.C. THE CITY OF BOZEMAN (COMPANY) (Customer) BY: BY: TITLE: C DIyisioN MANAGER TITLE: CITY MANAGER 3 rAeslstltcontr COMMISSION RESOLUTION NO,4000 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT NO. 689 (DIAMOND ESTATES #2 PHASES I AND 2); CREATING THE DISTRICT FOR THE PURPOSE OF INSTALLING AND MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR INSTALLATION, MAINTENANCE AND ENERGY THEREFORE TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT. BE IT RESOLVED by the City Commission(the"Commission")of the City of Bozeman, Montana(the "City"), as follows: Section 1. Passa e of Resolution of Intention. This Commission, on 7anuFxy 16, 2007, adopted Resolution No. 3991 (the "Resolution of Intention"),pursuant to which this Commission declared its intention to create a special lighting district,designated as Special Ligitng District No. 689 (Diamond Estates #2, Phases 1 and 2) of the City (the "Distrust'",), under Montana Code Annotated,Title 7,Chapter 12,Part 43,as amended(the"Act"),for tk4urpo� of financing costs of certain Ioeal improvements described generally therein (the "Improvements') and paying costs incidental thereto,including costs associated with the creation and adrlinis#�_tim-of the District. Section 2. Notice and Public Hearing. Notice of passage of the Rasolurtion of Intention was duly published, posted and mailed in all respects in accordance with4dt",°a4,.on February 5, 2007,this Commission conducted a public hearing on the creation of the District and the making of the Improvements. The meeting of this Commission at which this resolution was adopted is the first regular meeting of the Commission following the expiration of the period ended 15 days after the first date of publication of the notice of passage of the Resolution of Intention(the"Protest Period"). Section 3. Protests. Within the Protest Period,no protests were filed with the City Clerk. Section 4. Creation of the District;Insufficiency of Protests. The District is hereby created on the terms and conditions set forth in and otherwise in accordance with, the Resolution of Intention. The findings and determinations made in the Resolution of Intention are hereby ratified and confirmed. Section 5. Preparation and Levying of Assessments. It shall be the duty of the City Clerk to prepare all necessary schedules and resolutions for the levying of assessments in the District necessary to finance the Improvements and present such resolution to this Commission for adoption in conformance with Section 7-12-4328, M.C.A.,on or before the first Monday in October. The City Clerk is authorized to provide notice of the resolution of assessment and schedule a public hearing therefore in conformance with Sections 7-12-4329 and 7-12-4330, M.C.A., and upon final passage of such resolution deliver it to the City Treasurer. Section 6. Lighting District Fund Established. There is hereby created a fund to be known as the Special Lighting District No.689 Fund(the"Fund"). All money derived from the collection of the assessments as provided in Section 5 herein and the Act shall be deposited in the Fund and used to pay costs of the Improvements. PASSED AND ADOPTED by the City Commission of the City of Bozeman,Montana, this 5"' day of February 2007. JE Y%TAV§S May ATTEST: BRIT FON,FI'' City Clerk APPROVED AS TO FORM: "Z AUL W City ttorney r � -------- --t--_—_ --- ---_--___-_--— _,- =-- ------- I I - j .3MIMiV.STR0.4D - l 1 I I i I I i �f I TAX'L.j\ii'EUI;It'!; r„ -- I o A - I 4\NII,S'1'RLRT 1 -- 7-- - - I L _ - 1 1.�n1;.�1�1. 6 � ------------------ -------------- - I Time: 11/02/06 10:23:31 Session: J:I COMMON—IIGTVIEW—IIBOZEMA—I.GTS North Western Energy Map Extract This information is proprietary and confidential data of North Western Energy Center: (1561186.4, 328923.7) Zoom:250.0