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HomeMy WebLinkAboutA 11301926THIS AGREE11ENT, Bade and entered into this 30th day of November, 1926, by and between the PUGET SOUND POWER & LIGHT C0jjPANY, a Massachusetts corporation, hereinafter called "Power Company", party of the first part, and the CITY OF RENTON, a Municipal corporation, hereinafter called "City", party of the second part, WITNESSETH: FIRST: The Power Company agrees to furnish for the use of the City and the City agrees to use and consume from the Power Company, such Incandescent street lighting service (save and except lamps used by the City under Section Fourth hereof), as the City may during the life of this contract require for lighting the streets, avenues, public parks, and public places, and lighting service for such public buildings as the City may direct, and for all other municipal lighting. the lights required for such street lighting service shall be located by the Power Company at such points in the streets, avenues, public parks, public places, as the city by its Mayor or other properly con- stituted authority may in writing designate. SECOND The City agrees to use all said street light - Ing and other lighting service and pay for the same for the term of five years, beginning the 30th day of November, 1926, and ending the 30th day of November, 1931. THIRD: The City agrees to pay for all street lighting service used in lighting its streets, avenues, public parks and public highways (save end except the lamps used by the City under - 1 - Section Fourth hereof) at the following rates: Size of lamp in watts Price per, month Rated Candlepower 60 $1.00 100 150 2.55 250 250 3.60 404 It being understood that the City enters into this contract on the basis that the rated candlepower of lamps installed hereunder shall be not less than the rated candlepower above named, for each size of lamps named. In case the Pover Company shall file, publish and put into effeest a tariff or schedule of rates for similar street lighting service under similar conditions, lower than the rates herein specified, the City shall be given the benefit of such reduced rates for the unexpired term of this contract. In case the Company shall file, publish and put into effect a tariff or schedule of rates for similar street lighting under similar conditions, higher than the rates specified herein, then all pay- ments for street lighting service for the unexpired term of this contract shall be at such increased rates; provided, that the City shall have the option of accepting such increased rates or cancelling this contract. The City agrees to pay for all electric current used in lighting the public `Buildings of the City at the regular published commercial lighting rates of the Power Company, save and except for lamps used by the City under Section Fourth hereof. Each monthly payment due the Power Company under this - 2 - agreement shall be paid by the City on or before the tenth day of the following month. FOURTH; Power Company agrees to furnish to the City free of charge, sufficient electric energy at nominal 110 volts to operate twelve 16 candlepower incandescent lamps to be used in the Uunicipal buildings of said City in accordance frith franchise granted to Power Company dated Jamary 24, 1902. FIFTH: The City agrees to use electric indandescent street lighting service to be furnished by the Power Company under this agreement, for all illumination of the City's streets, avenues, public parks and public places for which illumination is required, during the entire term of this agreement. The Power Company agrees to furnish all Mazda Lamps of the sizes specified in Section Third hereof, for street lighting, as the City may in writing designate, together with all labor, material and devices of every nature and character whatsoever, needed for the installation, maintenance and efficient operation of such lamps; and to operate such lamps con- tinuously from the cessation of daylight in the evening until the coming of daylight in the morning upon each and every day of the term of this contract. SIXTH: The City hereby accepts the location of all street lights installed at the date of this contract. The Poway Company agrees to install additional street lights as the same may be ordered by the City from time to time hereafter under this contract; provided, however, that the Power Company shall not be required to install any street light at a distance greater than one - 3 - (1) block from any street light now installed or installed during the term of this contract. The City further agrees that after the position of a street light shall have been designated by the City and the same installed, any removal to a different location shall be at the sole cost of said City. SEVENTH: The Power Company will furnish renewals of all unbroken, burned out street lamps and of all unbroken street lamps which at the time of the renewal show a depreciation of 20% from the initial rated candlepower named In Section Third hereof. Upon request by the City+s authorized representative, Power Company's Operation Agent at Renton will, in company with the Cityts said representative inspect any street lamp or lamps and will renew any street lamp or lamps, that in their judgment are deficient in candle power as defined in this section and in the event -the representative of the City and the representative of the Power Company are not able to agree, they shall select a third person and the decision of any two of them shall be final and conclusive. Power EIGHTH: The/Company agrees to use due diligence in maintain- ing all lamps and appurtenances in good condition and proper worsting order. The City agrees to notify the Power Company through the Power Company's Operating Agent at Renton of the failure to burn of any street lamp under this agreement or of the depreciation of any street lamp to 20% from the initial rated candle power named in Section Third hereof. In case the Porter Company is not so notified no deduction - 4 - from tho monthly payment next due the Power Company shall be made for such lamp failure. In case the Power Company is so notified and fails to renew such lamp or lamps within twelve hours after the notification is received a pro rata deduction for the time such lamp was out or the time during which it failed to yield 80% of the initial rated candle power of light shall be made from the next monthly payment due the Company, and in no case shall such deduction amount to less than ten cents per lamp per night for each lamp so reported out or not yielding the agreed rated candle power. NINTH: Reasonable diligence to be exercised by Power Company to provide an uninterrupted supply of electric energy and no interruption in the service or temporary failure to furnish said energy shall cancel this agreement. In case of interruption caused or made necessary by accidents, public servants, strikes, conditions beyond Power Companyts control, lack of capacity in its generating apparatus, Power Company will not be liable for damages and City agrees to give Pourer Company immediate notice upon learning of any defects in the service or apparatus. IN WITUESS WHEREOF the parties hereto have caused these presents to be executed by their duly authorized officers thin 30th day of November, 1026. FUGET SOUND POWER & LIGHT COMPANY By :JJ Sales Li ger, Tal -District City of Renton