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2013 Engineers Report i. Engineer's Report Regency at Wappinger Lighting District (Formerly Hilltop Village at Wappinger) All Angels Hill Road Town of Wappinger, New York October 18, 2013 OF NEW Y ~Q~~• ~ N,.~P0~~~11,~0~~- r., v . t,~ r~i_ ~C ~,~02 ~ROFESS~O~ P ~.,J ENGlNEERlNG, PLLC 25 Corporate Park Drive, Suite C Hopewell Junction, New York 12533 G°~I~C~[d~I~~= N0~! 2 2 2013 TE3iV~~.~ ,~;- ~fVAPPI~~.3 ~~ T~„~~~~ a~ GLEF~ Project No. 0~`~2 P D V /~ ~ L ~ Regency at Wappinger ENGINEERING, PLLC ~ Angels Hill Road, Town of Wappinger, NY Table of Contents 1 Introduction .................................................................................................1 1.1 Purpose ...............................................................................................................1 1.2 Background ........................................................................................................1 2 Service Area ..................................................................................................1 3 Proposed Improvements .............................................................................1 4 Project Costs and Charges ......................................................................... 2 4.1 Annual Charge ....................................................................................................2 4.2 Construction Costs ............................................................................................. 3 4.3 Town Administrative Charges ...........................................................................3 4.4 Total Project Costs ............................................................................................. 3 5 Project Financing and Apportionment of Costs ........................................ 3 5.1 General ................................................................................................................3 5.2 Apportionment of Costs .....................................................................................4 6 Summary of Annual Costs per Typical Property ....................................... 4 7 Implementation .......................................................................................... 4 7.1 Permits and/or Approvals ..................................................................................4 7.2 Implementation Schedule .................................................................................. 4 Figures 1 Regency at Wappinger Lighting District Appendices A Lighting District Boundary Description B Service Classification No. 8, Public Street and Highway Lighting R:\pc-mydoc\0500\055?\T fighting District\I,ighting District 2013-1018(cmz).doc~ rtr PovA~~ ENGINEERING. PLLC 1 Introduction Regency at Wappinger All Angels Hill Road, Town of Wappinger, NY The Project Sponsor for the Regency at Wappinger (formerly Hilltop Village at Wappinger) project has petitioned the Town of Wappinger Town Board to form a Lighting District encompassing Parcel 1 of the property and to provide minimum levels of street and common area lighting within the proposed project. The District is to be known as the Regency at Wappinger Lighting District. 1.1 Purpose The purpose of this report is to establish the engineering and other data necessary to support formation of this Lighting District including a description of the area proposed for service, a i.. description of the proposed improvements to be installed, projected project costs, method of financing, and all other necessary items for project implementation. 1.2 Background The Town of Wappinger Planning Board adopted a Resolution of Site Development Plan and Wetlands Permit Approvals for project on March 18, 2013. The Regency at Wappinger projects is a 225 unit age-restricted, gated residential development on lands that were rezoned to RMF-3, Multi- Family Residence District. The project includes all necessary appurtenances including lighting for a complete residential community. 2 Service Area The property to be included within the proposed Lighting District is located wholly in the Town of Wappinger. The proposed Lighting District is generally located on the western side of All Angels ~" Hill Road (CR 94). This Lighting District includes and is specifically intended to include Parcel 1 consisting of 141.704 acres. The Lighting District is more fully described in A~pe~ ndix A and the Lighting District boundaries are set forth on the Lighting District Boundary Map shown in Fi~uo re 1. The property was rezoned from R-40 and COP to RMF-3, Multi-Family Residence District. The proposed development is fully consistent with the requirements of this zoning district. In accordance with those requirements and the approved Site Plan, no portion of the property included within the Lighting District is available for future development. 3 Proposed Improvements The most efficient, service oriented, cost effective approach for providing lighting for the proposed Lighting District is to enter into an agreement with Central Hudson Gas & Electric Corp. (CHG&E) for the operation and maintenance of the necessary lighting under the terms and conditions of their existing tariff, Service Classification No. 8, Public Street and Highway Lighting, Rate Class A, wholly company owned and maintained. A copy of the Applicable Tariff is provided 1r1 Alper dlx B. ""' 1 R:\Pe-mydoc\0500\0552\Lighting District\Lighting District 2013-1O18(emz).does W PovA ~ ~ Regency at Wappinger ENGINEERING, ~~C All Angels Hill Road, Town of Wappinger, NY i CHG&E will own and maintain poles, fixtures, brackets, photocells, and lamps. CHG&E will supply all electricity used for such street lighting and will replace all associated hardware when necessary and reasonable. The Lighting District will pay an annual charge based on the size and type of lighting package placed into service. The proposed poles will require concrete bases. The Project Sponsor will install the concrete light pole bases in accordance with the applicable CHG&E standard. Upon completion of the installation, the concrete light pole bases will become the property of the Lighting District, which the Lighting District will maintain to the extent necessary. The proposal includes lighting for the internal development roads and certain common parking areas. The roads to be lighted within this Lighting District are residential local roads (i.e., roads with the primary purpose of providing direct access to individual residential units. Street lighting for such roads is normally kept at a minimum, providing only those lighting levels necessary for convenience and public safety. The light locations provide light to all streets and selected common areas. The Project Sponsor proposes to utilize decorative lighting fixtures of a style, height, and spacing rr more consistent with the residential character of the area. The Project Sponsor has chosen one of CHG&E standard decorative and special purpose luminaires - 175-watt metal halide Acorn decorative lights on 12 foot aluminum tapered poles. A detail of the proposed luminaire and poles is provided on the Lighting Plan provided in At~pe~ C. The light locations were proposed to minimize underground wiring and to provide minimum lighting levels along the proposed roads. The layout includes construction and installation of 33 new lights as described above, together with all necessary appurtenances and underground cable to complete the installation and energize the lights. The proposed Lighting Plan is provided in AnpeT. nd~ C. 4 Project Costs and Charges 4.1 Annual Charge ,, Pursuant to the applicable Tariff, the annual charges for the luminaires and the poles increase over time. However, based upon a phone conversation with Cathy Doyle of CHG&E, there is currently a rate freeze and the rates effective July 1, 2012 are the current rates. The luminaire annual charge is ~,. $238.96 and the pole annual charge is $258.39. Therefore, the total annual charge is $497.35 per fixture per year. r. ~Ir The Tariff also established a fixed allowance for line extensions necessary to connect the various lights. For all wire in excess of the allowance the customer is responsible for the cost of installation and maintenance. CHG&E has established a monthly charge of $0.04 per foot for all footage in excess of the allowance. Installation of 33 lights requires a total line length of approximately 11,295 linear feet. The line extension allowance for 33 lights is 825 linear feet. The monthly maintenance charge will be for the difference, a total of approximately 10,470 linear feet. R:\pc-mpdoc\0500\055?\I,i~hting District\Lighting District 2013-1018(cmz).docs 2 P ovA ~ ~ Regency at Wappinger FMC ~It\IFFt21Nl ~ PI I r' A11 Angels Hill Road, Town of Wappinger, NY rr The cost for each luminaire does not include the cost of electricity. For the purposes of this analysis the electric charge is based on the annual kWh usage of each fixture and a conservative rate if $0.10 per kW-hr. The estimated annual charges are as follows: Lights 33 fixtures x $497.35/fixture/yr = $16,412.55 Electric 33 fixtures x 820 kW-hr/fixture/yr x $0.10/kW-hr = $2,706.00 Wire Charge 10,470 ft x $0.04/ft-mo x 12 mo/yr = $5,025.60 Total $24,144.15 Bills are rendered on a periodic basis throughout the year. The actual amount billed on a monthly basis is based on the number of luminaires in service as of the first day of that calendar month. 4.2 Construction Costs There are no construction costs associated with this project, as all such costs are being borne by the Project Sponsor as part of the construction associated with the necessary improvements for the project. 4.3 Town Administrative Charges The Town Board, as part of the cost associated with the Lighting District formation, is permitted to apportion the costs of legal, engineering and all other administrative services rendered or provided by reason of the proposed improvements to the Lighting District or the formation of said Lighting District. In this case, all such costs are being borne by the Project Sponsor; therefore, the first year Lighting District charges do not include any administrative cost. Subsequent years may include administrative charges associated with the Lighting District's management, operation and maintenance, and repair of the Lighting District facilities. 4.4 Total Project Costs The total estimated cost for operation and maintenance of the Lighting District, since all construction and administrative costs are being borne by the Project Sponsor, is $24,144.15 per year. 5 Project Financing and Apportionment of Costs 5.1 General The Town of Wappinger Town Board is responsible for the method of management, operation, maintenance and repair of Lighting District facilities. The costs associated with such management, operation, maintenance and repair shall be levied and collected in the manner prescribed by the Town Board at the time of District formation. The apportionment of costs associated with Lighting District management, operation, maintenance and repair is to be annual and is to be assessed on each unit within the Lighting District in proportion to the benefit the proposed improvements confer upon such units. The units within the proposed Lighting District are single family homes and attached single-family townhouses, all ii. 3 R:\Pe-m}~doc\0500\055?\Lighting District\1_ighting District 2013-1018(cmz).doc 4 POVA L L Regency at Wappinger ENGINEERING, PLLC ~ Angels Hill Road, Town of Wappinger, NY rw offered as condominium units. The units are all residential and are essentially the same insofar as the benefit conferred upon the unit by the proposed lighting improvements. Each individual condominium unit within the Lighting District shall be allocated 1.0 benefit unit. The total number of benefit units in the Lighting District is based solely on the residential units. Common areas and those facilities under the control of the Homeowner's Association are considered exempt and not assessed benefit units. The total number of benefit units within the Lighting District is therefore 225. 5.2 Apportionment of Costs The total estimated budget for each of the first three years for the proposed Lighting District is ~ detailed above. The total number of benefit units in the proposed Lighting District is 225. Therefore, the projected costs for each year per benefit unit is $24,144.15/225 = $107.31. 6 Summary of Annual Costs per Typical Property All properties within the Lighting District will be charged annually to cover the costs of r~rr management, operation, maintenance and repair. The annual Lighting District expenses will be determined by the applicable CHG&E tariff rate in effect. The average annual cost for the first year of operation for a typical unit within the Lighting District, that is, each individual unit where the unit ~. is considered to be 1.0 benefit unit, is $107.31, as calculated above. 7 Implementation 7.1 Permits and/or Approvals The following permits and/or approvals will be necessary to implement the project as outlined herein: A~ncy Permit/Approval Town of Wappinger Town Board Formation of Lighting District Street Light Authority Order 7.2 Implementation Schedule The following items represent actions that must be completed in order to form the proposed Lighting District: 1. The Project Sponsor is required to submit a Lighting District Petition of the form and content required by law. 2. Accept and attach the Engineer's Map, Plan and Report to petition. 3. The Town Board accepts the complete petition verifying form and content. i`" 4 R:\pc-mydoc\0500\0552\Li~htiny District\Lighting District 2013-1018(cmz).doc~ P ovA ~ ~ Regency at Wappinger ENGINEERING, PLLC All Angels Hill Road, Town of Wappinger, NY ~r 4. The Town Board adopts a Resolution setting a public hearing in the matter of the Lighting District formation. 5. The Town Board conducts the public hearing on the proposed Lighting District formation. The Town Board closes the public hearing and may authorize modifications to the proposal based on public input. 6. Providing no modifications to the proposal are authorized, the Town Board adopts a Final Resolution authorizing the formation of the Regency at Wappinger Lighting District. 7. The Town Board adopts the necessary Resolution confirming the Street Light Authority Order with CHG&E for the facilities of the Lighting District and authorizes the Supervisor to sign on behalf of the Lighting District. ,~. 5 R:\pe-mydoc\0500\055?\Li}hting District\Lighting District 2013-1018(cmz).doe~ it P OVA L L Regency at Wappinger ENGINEERING, PLLC All Angels Hill Road, Town of Wappinger, NY ~. ~. Figures R:\Pe-mydoc\0500\0552\I,ighting District\Lighting District 2013-1013(cmz).doe~ ~. irr C__~L~ ~, ` c 0 UN ~" c S DISTRICT BOUNDARY PROPOSED DISTRICT 0 E ~ G WILLIAM H. POVALL Ill, P.E. REGENCY AT WAPPINGER JOB #: 0552 P OVA L L N.Y.S.P.E. LICENSE #075020 DATE: 10/18/13 25 CORPORATE PARKDR.,SU/TEC LIGHTING DISTRICT SCALE: 1"=700' HOPEWELL JUNCTION, NY 12533 `~~ ENGINEERING, PLLC `g - TEL.: (845J 897-8205 FIGURE 1 FAX: (845) 897-0042 TOWN OF WAPPINGER DUTCHESS COUNTY, NEW YORK POVA L L Regency at Wappinger ENGINEERING, PLC ~ Angels Hill Road, Town of Wappinger, NY .. Appendix A Lighting District Boundary Description ~. 12:\pe-mydoc\0500\0552\Lighting District\Lighting District 2013-1018(emz).docx Irr it ~. SURVEY DESCRIPTION Regency at Wappinger Lighting District Town of Wappinger, New York October 18, 2013 All that tract or parcel of land situate in the Town of Wappinger, County of Dutchess, State of New York being Parcel 1, as shown on a filed map entitled "Hilltop Village At r. Wappinger, Subdivision Plat", said filed map being filed in the Dutchess County Clerk's Office on August 27, 2013, as filed map no. 11070B, bounded and described as follows: +~ Beginning at a point on the westerly side of All Angels Hill Road (CR 94), said point being the northeasterly corner of lands now or formerly Rencricca and the southeasterly corner of lands now or formerly Contrail LLC (Parcel B as shown on filed map no. ~ 11070A); thence along said lot line South 69-48-29 West 5.06 feet the TRUE POINT OR PLACE OF BEGINNING; thence along said lot line South 69-48-29 West 390.71 feet to a point; thence South 20-11-31 East 190.06 feet to a point, said point being the ~ northeasterly corner of the Rich Drive right of way; thence South 69-48-29 West 50.00 feet to a point, said point being the on the southerly lot line of lands now or formerly Contrail LLC (Parcel B as shown on filed map no. 11070A) and the southeasterly corner "` of land now or formerly Zammiello; thence along said lot line North 20-11-31 West 176.28 feet to a point; thence South 66-48-29 West 425.30 feet to a point; thence South 62-52-56 West 530.04 feet to a point; thence through lands now or formerly Contrail ~"` LLC (Parcel B as shown on filed map no. 11070A) North 27-07-04 West 14.80 feet to a point; thence South 62-52-56 West 72.56 feet to a point; thence South 27-07-04 East 74.77 feet to a point; thence North 62-52-56 East 22.53 feet to a point, said point being "" on the eastern lot line of lands now or formerly Contrail LLC (Parcel B as shown on filed map no. 11070A) and the western street boundary of Sylvia Drive; thence along said lot line South 27-07-04 East 76.49 feet to a point, said point being the northeasterly corner of ~" lands now or formerly Bosaz; thence along said lot line South 62-52-56 West 201.69 feet to a point; thence South 22-23-49 East 279.69 feet to a point; thence South 71-07-26 West 141.74 feet to a point; thence South 73-33-13 West 516.73 feet to a point; thence ~" South 50-52-03 West 689.55 feet to a point; thence South 15-34-27 West 235.06 feet to a point; thence North 50-23-59 West 408.95 feet to a point; thence North 77-04-11 West ` ~` 208.48 feet to a point; thence North 81-36-42 West 452.74 feet to a point; thence South 83-30-32 West 171.57 feet to a point; thence North 28-41-00 West 276.27 feet to a point; thence South 74-14-04 West 191.52 feet to a point; thence South 32-50-48 West 367.68 feet to a point; thence North 14-35-43 West 763.82 feet to a point; thence North 63-36-44 East 156.55 feet to a point; thence North 16-13-40 West 482.42 feet to a point; thence North 16-42-40 West 256.79 feet to a point, said point being the westerly corner of lands ~ now or formerly Contrail LLC (Parcel B as shown on filed map no. 11070A) and the southerly corner of lands now or formerly Schiesel; thence along said lot line North 66- 22-10East 1,682.06 feet to a point; thence North 66-13-55 East 29.25 feet to a point, said ~ point being the westerly corner of lands now or formerly R & R Realty Associates; thence along said lot line South 23-16-12 East 593.68 feet to a point; thence North 66-13- ~r 55 East 733.73 feet to a point; thence South 69-18-53 East 363.06 feet to a point; thence North 31-17-00 East 17.72 feet to a point, said point being the southwesterly corner of the Road Aright-of--way; thence over and through lands now or formerly Contrail LLC ~~, (Parcel B as shown on filed map no. 11070A) on a curve to the right whose radial bears South 50-56-50 West having a radius of 25.00 feet, a central angle of 32-34-01 and an arc length of 14.21 feet to a point of reverse curvature having a radius of 52.50 feet, a central ,. angle of 106-21-54 and an arc length of 97.46 feet to a point of reverse curvature having a radius of 25.00 feet, a central angle of 45-56-19 and an arc length of 20.04 feet to a point of reverse curvature having a radius of 425.00 feet, a central angle of 50-08-54 and ~, an arc length of 371.98' to a point; thence North 62-56-49 East 57.85 feet to a point; thence on a curve to the left having a radius of 275.00 feet, a central angle of 41-02-40 and an arc length of 197.00 feet to a point; thence North 21-54-09 East 106.44 feet to a ~. point; thence on a curve to the right having a radius of 275.00 feet, a central angle of 90- 23-04 and an arc length of 433.81 feet to a point; thence South 67-42-47 East 124.77 feet to a point; thence on a curve to the left having a radius of 325.00 feet, a central angle of 42-35-54 and an arc length of 241.63 feet to a point; thence North 69-41-20 East 41.75 feet to a point; thence on a curve to the right having a radius of 25.00 feet, a central angle of 91-24-04 and an arc length of 39.88 to a point; thence South 18-54-37 East 43.03 feet to a point; thence South 30-14-57 East 30.38 feet to a point; thence South 32-46-06 East 44.36 feet to a point; thence South 19-21-38 East 396.06 feet to the point or place of beginning. Containing 134.580 acres of land, more or less. Together with 7.03 Ac. on north side of Road ARight-Of--Way to be part and parcel with 134.58 Ac. on south and west side of Road A Right-Of--Way (Parcel 1) BEGINNING at the southwesterly corner of the parcel described herein, said point being distant 52.23 feet as measured North 31-17-00 East from the southwesterly corner of the Road Aright-of--way as described above, said point also being on the westerly lot line of lands now or formerly Contrail LLC (Parcel B as shown on filed map 11070A) and the easterly lot line of lands now or formerly R & R Realty Associates; thence along said lot line North 31-17-00 East 655.05 feet to a point, said point being the southerly corner of lands now or formerly Buyakowski; thence North 72-16-50 East 314.16 feet to a point, said point being on the northeasterly lot line of lands now or formerly Contrail LLC (Parcel B as shown on filed map no. 11070A) and the southwesterly lot line of lands now or formerly Community Baptist Church; thence along said lot line South 17-43-10 East 296.80 feet to a point; thence North 75-46-00 East 211.23 feet to a point; thence over and through lands now or formerly Contrail LLC (Parcel B as shown on filed map no. 11070A) South 14-14-00 East 25.00 feet to a point, said point being on the northerly line of the Road Aright-of--way; thence on a curve to left the whose radial bears South 05-58- 21 West, having a radius of 325.00 feet, a central angle of 74-04-13 and an arc length of 420.15 feet to a point; thence South 21-54-09 West 106.44 feet to a point; thence on a curve to the right having a radius of 225.00 feet, a central angle of 41-02-40 and an arc length of 161.18 feet to a point; thence South 62-56-49 West 57.85 feet to a point; thence nn a curve to the right having a radius of 375.00 feet, a central angle of 49-04-29 and an. arc length of 321.19 feet to a point of compound curvature having a radius of 25.00 feet, ~. ,, a central angle of 54-30-44 and an arc length of 23.79 feet to a point of reverse curvature having a radius of 52.50 feet, a central angle of 92-03-27 and an arc length of 84.35 feet to a point of reverse curvature having a radius of 25.00 feet, a central angle of 38-26-25 ,, and an arc length of 16.77 feet to the point or place of beginning. Containing 7.033 acres of land, more or less. Parcels on north side and south side of Road ARight-of--Way forming Parcel 1, containing 141.613 acres of land, more or less. PovA ~ ~ Regency at Wappinger ENGI~ERING, PLLC ~ Angels Hill Road, Town of Wappinger, NY Appendix B Service Classification No. 8, Public Street and Highway Lighting ~. ~.. ti R:\pe-mydoc\0500\055?\Lighting District\Lighting District 2013-1018(cmz).doc EPfectxve Dace: 06/25/2Q04 r. PSC N0: 15 ELECTRICITY LEAF: 215 rr COMPANY: CENTRAL HUDSON GAS & ELECTRIC CORPORATION REVISION: 3 INTTIAL EFFECTIVE DATE: 06/25/04 SUPERSEDING REVISION: 2 irr SERVICE CLASSIFICATION N0. 8 PUBLIC_STREET AND H~SHWAY b~GHTINCz APPLICABLE TO USE ,9F SERVICE ,~,OR Sales and delivery of electric power supply by the Company or delivery of electric power supply provided by a Retail Supplier to customers for use in the lighting of streets, highways, roadways and ways open to public use for tYie State ~"" of New York, counties, townships; cities and incorporated villages. CHARACTER OF SERVICE Photo-controlled lighting from dusk to dawn supplied from secondary voltages as designated by the Company for a total of approximately 4,000 hours per year. The Company shall own, operate and maintain all facilities used to supply service hereunder unless the customer elects to own and maintain their own fixtures. The Company shall furnish, operate, maintain, repair and when necessary replace all luminaire equipment, including all lamps and photocells used in furnishing lighting from Company owned fixtures. For customer owned fixtures which are selected and purchased in accordance with standards for Company owned fixtures, the Company shall maintain, repair and when necessary replace all lamps and photocells. Maintenance for non-standard customer owned fixtures shall be limited to lamps and photocells, provided the lamps and/or photocells correspond to standard Company maintained materials. The customer shall be responsible for maintaining special or ornamental customer poles used to support customer owned luminaires. ~,~,,~;~VE EXTENSIONS If an extension is required from an existing underground or overhead circuit to provide street lighting, the customer will pay the Company for the costs incurred or install at their cost all footage in excess of 100 feet of wire for overhead '~` circuits and 25 feet of wire for underground circuits. The customer shall be • responsible for the trench and conduit. The Company will own and maintain all such circuits. r. ,~'~BERGLASS ,gO~,E INSTALLATION If a fiberglass pole installation is required, the customer shall provide a concrete base or acceptable foundation. rrr Issued by: Arthur R. Upright, Senior _Vice President. Poughkeepsie ~ New York it ELiective Date: 06/25/200b A1r PSC NO: 15 ELECTRICITY LEAF: 216 ~'~' COMPANX: CENTRAL HUDSON GAS & ELECTRIC CORPORATION REVISION: 6 INITIAL EFFECTIVE DATE: 06/25/04 SUPERSEDING REVISION: 5 SERVICE ~:LASSIFICATION N0. 8 (Cont'd) PUBLIC S,~'gEET AND HIGHWAY L,~ TING (Cont' d) APPLICATION FOR S RVIGE The Company shall require a written application (Street Light Authority Order} for additional service, which will include a list of the quantity and size of luminaires to be supplied. Such application when accepted by the Company, shall `' constitute an agreement between customer and Company, subject to the terms and conditions set forth in this Service Classification. TERM The initial term of service for each luminaire shall be five years, unless otherwise approved by the Company. Service shall continue in effect thereafter until canceled by either party upon ninety days written notice. DETERMINATION OF BILLING OUANTTTIE~ The charge, for lighting service hereunder during each calendar month shall be based upon the number of luminaires in service as of the first day of that calendar month. TERMS OF PAXMENT Bills are due when personally served or three (3) days after mailing. Bills shall be subject to a late payment charge, in accordance with General Informa- tion, Section 16, if payment is not made by the date specified on the bill which shall be not less than twenty (20) days from the due date. TES `` A. Companv Owned and Maintained - The Company will own and maintain fixtures, brackets, photocells and lamps and replace all associated hardware when necessary and reasonable. The Company will maintain supporting equipment provided pursuant to Rate D of this Service Classification. The customer ~ shall pay the Company an annual charge based on the size and type of light in service. Sales and delivery of electric power supply by the Company or delivery of electric power supply provided by a Retail Supplier will be ,,,, based on the size and type of light in service. r.. issued by: Arthur R. Upright, Senior V~Ce President. Poughkeepsie. New Xork wr PSC N0: 15 ELECTRICITY '~` COMPANY: CENTRAL HUDSON GAS & ELECTRIC CORPORATION INITIAL EFFECTIVE DATE: 07/O1/10 Issued in Compliance with Order in C.09-E-0588 dated June 18, 2010 Effective Dace: 07/O1/201t LEAF: 217 REVISION: 11 SUPERSEDING REVISION: 9 SERVI CE CLASSIFICATION NO. S (Cont'd) PUBLIC STREET AND HIGHWAY LI GHTING (Cont'd} RATES (Cont'd} A. Company Owned and Maintained {Cont'd) 1} Standard Lights a. Annual Service Annual Char ee Effective Lamp Lamp Lamp Fixture Annual July 1, July 1, July 1, Watts Lumens T_yp_e, Wa a kW,,,,{1 ~ 2011 2012 70 5,800 Sodium Vapor 86 344 $139.58 $144.44 $149.24 150 16,000 Sodium Vapor 180 720 155.14 160.54 165.87 250 27,000 Sodium Vapor 316 1,264 188.09 194.64 201.10 400 50,000 Sodium Vapor 496 1,984 212.12 219.50 226.79 1000 140,000 Sodium Vapor 1,164 4,656 351.27 363.49 375.56 250 20,500 Metal Halide 300 1,200 213:99 221.44 228.79 400 36,000 Metal Halide 464 1,856 207:67 214.90 222.03 2) Non-Standard Li is The following charges apply to existing lights only. These lights are no longer replaced in kind or installed at new locations. a. Annual Service Annual Charge Effective Yr Lamp Lamp Lamp Fixture Annual July 1, July 1, July 1, Watts Lumens Type W,_ a~ kWh 2010 2011 2012 ~` 92 1,000 Incandescent 92 368 $112.68 $116.60 $120.47 189 2,500 Incandescent i89 756 149.04 154.23 159.35 295 4,000 Incandescent 295 1,180 178.83 185.05 191.19 r,,, 405 6,000. Incandescent 405 1,620 204.85 211.98 219.02 '' 100 3,600 Mercury Vapor 126 504 143.38 148.37 153.30 ~ 175 7,000 Mercury Vapor 208 832 IS5.29 160.69 166.02 250 11,000 Mercury Vapor 296 1,184 168.44 174.30 180.09 400 15,000 Mercury Vapor 458 1,820 196.53 203.37 210.12 rr. 400 20,000 Mercury Vapor 455 1,820 196.53 203.37 210.12 1000 60,000 Mercury Vapor 1,080 4,320 288.33 298.36 308.27 Issued by: Michael L. Mosher. Vice President, Poughkeepsie. New York ~r PSC NO: 15 ELECTRICITY ~` COMPANY: CENTRAL HUDSON GAS & ELECTRIC CORPORATION INITIAL EFFECTIVE DATE: 07/01/10 Issued in Compliance with Order in C.09-E-0588 dated June 18, 2010 ~. Effective Date: 07/07./201( LEAF: 218 REVISION: 12 SUPERSEDING REVISION: 10 SERVICE CLASSIFICATION N0.8 (Cont'd) _ ....... .... .... PUBLIC STREET AND HIGHWAY LIGHTING (Cont'd) xATES (cont'd) A. Companv Owned and Maintained (Cont'd) 3) Lamp. Fixture and Pole Packagg This package includes Iamp, fixture, photocell, fiberglass pole and necessary mounting hardware. a. Annual Service e~ Lamp Lamp Lamp Fixture Annual Annual Charge Effective Watts Lumens Type Wattaee Fixture kWh July I, 2010 July 1.2011 JuI YI, 2012 ~. 70 5,800 Sodium 86 Colonial 344 $302.10 $312.61 $322.99 Vapor Post Top ~" 70 5,800 Sodium 86 Cobrahead 344 380.83 394.08 407.16 Vapor 150 16,000 Sodium 180 Cobrahead 720 394.74 408.48 422.04 r. Vapor 17S 14,000 Metal 205 Cutoff 820 435.09 450.23 465.18 Halide Rectangular ~`` 250 20,500 Metai 300 Cutoff 1,200 449.66 465.31 480.76 Halide Rectangular 400 36,000 Metal 464 Cutoff 1,856 476.16 492.73 509.09 ~. Halide Rectangular I~r Issued by: Michael L. Mosher, Vice President. Poughkeepsie. New Yark r~. SYtecta.ve Date: 07/01/201( PSC N0: 15 ELECTRICITY LEAF: 218.1 COMPANY: CENTRAL HUDSON GAS & ELECTRIC CORPORATION REVISION: 9 INITIAL EFFECTIVE DATE: 07/01/10 SUPERSEDING REVISION: 7 Issued in Compliance with Order in C.09-E-0588 dated June 18, 2010 SERVICE CLASSIFICATION N0.8 (Cont'd) PUBL STREET AND HIGH WAY LI GHTING (Cont'd) RATES (Cont' d) A. Company Owned and Maintained {Cont'd} 4) St andard Decorative and Special Purpose Luminaires +~+ a. Annual Service Lamp Lamp Lamp Fixture Manual Annual Charge Effective Watts Lumens Type Wattage Fixture kWh July 1.2010 JulLl. 2011 Jul v 1, 2012 70 5,800 Sodium 86 Acorn 344. $176.59 $182.74. $188.81 Vapor Dec. 85 6,000 Induction 8S Acorn 340 239.53 247.87 256.10 Dec. 175 14,000 Metal 205 Acorn 820 223.50 231.28 238.96 Halide Dec. 150 16,000 Sodium 180 Victorian 720 227.55 235.4'1 I 243.29 Vapor Gaslight 2S0 27,000 Sodium 316 Highway 1,264 215.92 223.43 230.85 Vapor Setback rr 400 50,000 Sodium 496 Highway 1,984 242.76 2S 1.21 259.55 . Vapor Setback 250 20,500 Metal 300 Highway 1,200 247.39 256.00 264.50 Halide Setback ~+ 400 36,000 Metal 464 Highway 1,856 240.91 249.29 257.57 Halide Setback 400 50,000 Sodium 496 Flood- 1,984 224.6? 232.49 240.21 Vapor light 400 36,000 Metal 464 Flood- 1,856 215.34 222.83 230.23 Halide light +^- 1000 110,000 Metal 1,100 Flood- 4,400 369.91 382.78 395.49 Halide light 250 27,000 Sodium 316 Dec. 1,264 260.13 269.18 278.12 Vapor Teardrop 400 50,000 Sodium 49d Dec. 2,480 305.14 315.76 326.24 Vapor Teardrop +~• 250 20,500 Metal 300 Dec. 1,200 281.87 291.68 301.36 Halide Teardrop 400 36,000 Metal 464 Dec. 1,856 288.94 299.00 308.93 Halide Teardrop r.. Issued by: Michael L. Mosher, Vice President, PoughkeepsietiNew York ~. Effective Date: 07/01/201( PSC N0: 15 ELECTRICITY ~ LEAF: 218,2 ~" COMPANY: CENTRAL HUDSON GAS & ELECTRIC CORPORATION REVISION: 6 INITIAL EFFECTIVE DATE: 07/01/10 SUPERSEDING REVISION: 4 Issued in Compliance with Order in C.09-E-0588 dated June 18, 2010 SERVICE CLASSIFICATION N0.8 (Cont'd) PUBLIC` STREET AND HIGHWAY LIGHTING (Cont'd) i3. Customer Owned/Compan,+~Maintained -The Company will maintain and/or replace photocells and Iamps used in furnishing lighting from Company approved customer owned equipment. Maintenance of non- standard customer owned fixtures shall be limited to lamps and photocells, provided lamps and/or photocells correspond to Company standards. This does not apply to fixtures and poles. The customer shall pay the Company an annual charge based on the size and type of light in service. Sales and delivery of electric power supply by the Company or delivery of electric power supply provided by a Retail Supplier will be based on the size and type of light in service. 1) Standard Lights a. Annual Service Lamp Lamp Lamp Fixture Annual Annual Charge Effective Watts umens Twe Watts a kWh Julv 1.2010 July 1.2011 July.1.2012 85 6,000 Induction 85 340 $41.59 ~ $43.04 $44.47 70 5,800 Sodium 86 344 47.43 49.08 50.71 Vapor 1S0 16,000 Sodium 180 720 61.00 63.12 65.22 Vapor 250 27,000 Sodium 316 1,264 80.63 83.44 86.21 Vapor 400 50,000 Sodium 496 1,984 106.98 110.70 114.38 Vapor 1000 140,000 Sodium 1,164 4,656 209.33 216.61 223.80 Vapor 175 14,000 Metal 205 820 69.11 71.52 73.$9 Halide 250 20,500 Metal 300 1,200 83.52 86.43 89.30 Halide 400 36,000 Metal 464 1,856 104.79 108.44 112.04 Halide 1000 108,000 Metal 1,065 4,400 222.96 230.72 238.38 Halide RATES (Cont'd) Issued by: Michael L. Masher, Vice President, Pou~eepsie, New York Effective Date: 07/01/201( PSC N0: 15 ELECTRICITY LEAF: 219 COMPANY: CENTRAL HUDSON GAS & ELECTRIC CORPORATION REVISION: 10 INITIAL EFFECTIVE DATE; 07/01/10 SUPERSEDING REVISION: 8 Issued in Compliance with Order in C.09-E-0588 dated June 18, 2010 SERVICE CLASSIFICATION NO. S (Cont'd} PUBLIC STREET AND HIGHWAY LIGHTING (Cont'd) RATES (Cont'd) B. Customer Owned/Companv Maintained {Cont'd} 2) Non-Standard L' is '~' The following charges apply to existing lights only. These lights are no longer replaced in kind or installed at new locations. a. Annual Serv ice Annual Charge Effective Lamp Lamp Lamp Fixture Annual July 1, July 1, July 1, Watts Lumens ~ W~ ~ 2010 2011 2012 100 9,500 Sodium Vapor I46 SS4 $56.09 $58.04 $59.97 92 1,000 Incandescent 92 368 69.61 72.03 74.42 189 2,500 Incandescent 189 756: 92.27 95.48 98.65 295 4,000 Incandescent 295 1,180 108.45 112.22 115.95 405 6,000 Incandescent 405 1,620 140.80 145.70 150.54 620 10,000 Incandescent 620 2,480 171.85 177.83 183.73 Vapor 175 7,000 Mercury 208 832 64.34 66.58 68.79 Vapor 250 11,000 Mercury 296 1,184 77.41 80.10 82.76 Vapor 400 15,000 Mercury 455 1,820 103.84 107.45 111.02 Vapor 400 20,000 Mercury 455 1,820 103.84 107.45 111.02 Vapor 1000 60,000 Mercury 1,080 4,320 195.12 201.91 208.61 Vapor Issued by: Michael L. Mosher, Vice President, Poughkeepsie. New York rrr Effective Date: 07/01/201( PSC NO: 1S ELECTRICITY LEAF: 220 COMPANY: CENTRAL HUDSON GAS & ELECTRIC CORPORATION REVISION: 12 INITIAL EFFECTIVE DATE: 07/01/10 SUPERSEDING REVISION: 10 Issued in Compliance with Order in C.09-E-0588 dated June 18, 2010 SERVICE CLASSIFICATION N0.8 (Cont'd} PUBLIC STREET AND HIGHWAY LIGHTING (Cont'd) RATES (Cont'd) 3) Other Charges a) Pre-attachment survey fee is $7.65 per attachment effective July 1, 2010, $7.92 effective July I, 2011 and $8.18 effective July 1, 2012. b) Annual pole rental charge is $5.97 for a Company sole owned pole effective July 1, 2010, $6.18 effective July 1, 2011 and $6.39 effective July 1, 2012 or $2.99 for a joint owned pole effective July 1, 2010, $3.09 effective July 1, 201 I and $3.19 effective July 1, 2012. c} Payment of any costs associated with make ready work, which is necessary for rearrangement of Company facilities. C. Customer Owned and Maintained -The customer may desire to own and maintain, the fixture, photocell, bracket, lamp, and use a Company or customer owned pole to support it. The customer must enter into an Attachment Agreement for the purpose of establishing responsibility and liability associated with attaching , to Company poles. Sales and delivery of electric power supply by the Company or delivery of electric power supply provided by a Retail Supplier will be based an the size and type of light in service. 1) Standard Liehts a. Annual Service Lamp Lamp Lamp Fixture Annual Annual Charge Effective Watts Lumen T r e Wattaee kWh .July 1.2010 Jules, 2011 July 1, 2012 70 5,800 Sodium Vapor 86 344 $21.08 $21.81 $22.53 100 9,500 Sodium Vapor 146 584 29.75 30.79 31.81 150 16,000 Sodium Vapor 180 720 34.65 35.86 37.05 "` 250 27,000 Sodium Vapor 316 1,264 54.30 56.19 58.06 400 50,000 Sodium Vapor 496 1,984 80.28 83.07 85.83 1000 140,000 Sodium Vapor 1,164 4,656 176.76 182.91 188.98 100 8,500 Metal Halide 134 520 27.44 28.39 29.33 175 14,000 Metal Halide 205 820 38.28 39.61 40.93 250 20,500 Metal Halide 300 1,200 51.99 53.80 55.59 ~ 400 36,000 Metal Halide 464 1,856 75.66 78.29 80.89 1000 110,000 Metal Halide 1,100 4,400 167.52 173.35 179.11 .~. Issued by: Michael L. Mosher. Vice President. Poughkeepsie. New York Effective Date: 12/Ol/201C PSC N0: 15 ELECTRICITY LEAF: 221 COMPANY: CENTRAL HUDSON GAS & ELECTRIC CORPORATION REVISION: 10 INITIAL EFFECTIVE DATE: 12/01/10 SUPERSEDING REVISION: 9 ,,,,,, SERVICE CLASSIFICATION N0.8 {Confd) PUBLIC STREET AND HIGHWAY LIGHTING (Cont'd) +r RATES (Conf d) _ C. Customer Owned and Maintained (Cont'd) 2)Non-Standard Lights a. Annual Service Lamp Lamp Lamp Fixture Annual Annual Charge Effective Watts Lumens ~ Wattage kWh July_l, 2010 Ju 1 2011 Julv 1.2012 r. 92 1,000 Incandescent 92 368 $21.95 $22.71 $23.46 189 2,SOOIncandescent 189 756 35.96 37.21 38.45 405 6,000 Incandescent 405 1,620 67.15 69.49 71.80 175 7,000 Mercury Vapor 208 832 38.70 40.05 41.38 250 11,000 Mercury Vapor 296 1,184 51.41 53.20 54.97 400 20,000 Mercury Vapor 455 1,820 74.37 76.96 79.52 The annual kWh and annual charges for Light Emitting Diode (LED) fixtures applicable under this +~ Schedule will be shown on a statement filed with the Public Service Commission apart from this Schedule. Not less than fifteen days prior to any changes in LED fixture options a revised statement, including the changes, will be filed with the Public Service Commission. 3} In cases where the wattage is not listed in €) or 2) above, the annual charge will be based on usage determined in the following manner: Annual kWh = (Fixture Wattage _ 1,000} X 4,000 Burning Hours Per Year rr Issued by: Michael L. Mosher. Vice President. Poughkeepsie, New York ~zLec~ive LitLC: uiivd./cua~ PSC N0: 15 ELECTRICITY LEAF: 222 COMPANY: CENTRAL HUDSON GAS & ELECTRIC CORPORATION REVISION: 11 INITIAL EFFECTIVE DATE: 07/01/10 SUPERSEDING REVISION: 9 Issued in Compliance with Order in C.09-E-OS88 dated June 1 S, 2010 SERVICE CLASSIFICATION NO. B (Cont'd) PUBLIC STREET AND HIGHWAY LIGHTING (Cont'd) RATES (Cont'd) C. Customer Owned and Maintained (Cont'd) 3) Other Charges a} Pre-attachment survey fee is $7.65 effective July 1, 2010, $7.92 effective July 1, 2011 and $8.18 effective July 1, 2012 per attachment. b) Annual pole rental charge is $5.97 effective July 1, 2010, $6.18 effective July i, 2011 and $6.39 effective July 1, 2012 for a Company sole owned pole or $2.99 effective July 1, 2010, $3.09 effective July 1, 2011 and $3.19 effective July 1, 2012 for a joint owned pole. ~. c) Payment of any costs associated with make ready work, which is necessary for rearrangement of Company facilities. D. Rates for Supporting Equipment 1) Annual charge for standard Company poles used solely for street lighting is $52.21 effective July 1, 2010, $54.03 effective July 1, 2011 and $55.82 effective July 1, 2012. 2) Annual charge for mastarms greater than 14 feet is $29.48 effective July 1, 2010, $30.51 effective July 1, 2011 and $31.52 effective July 1, 2012. 3) Annual charge for a fluted decorative fiberglass pole used solely for street lighting is $272.68 effective July 1, 2010, $282.17 effective Juiy 1, 2011 and $291.54 effective July 1, 2012. 4) Annual charge for a fiberglass pole up to 20' far Decorative Lighting other than Highway Setback is $241.68 effective July 1, 2010, $250.09 effective July 1, 2011, and $258.39 effective 3uly 1, 2012. 5) Annual charge for a fiberglass pole for Highway Setback Lighting with 30' mounting height is $241.68 effective July 1, 2010, $250.09 effective July 1, 2011, and $258.39 effective July 1, 2012. 6} Annual charge for a decorative arm for Decorative Teardrop Lighting is $116.06 effective July 1, 2010, $120.10 effective July 1, 2011 and $124.09 effective July 1, 2012. Issued by: Michael L. Masher, Vice President, Poughkeepsie. New York EttECtave Ddt2: u~i~ui~zous ~ PSC N0: 15 ELECTRICITY LEAF: 222.1 COMPANY: CENTRAL HUDSON GAS & ELECTRIC CORPORATION REVISION: 7 INITIAL EFFECTIVE DATE: 07/OI/09 SUPERSEDING REVISION: b Issued in Compliance with Order in C.08-E-0887 dated June 22, 2009 SERVICE CLASSIFICATION N0.8 (Confd) „PUBLIC STREET AND HIGHWAY LIGHTING (Cont'd) SYSTEM BENEFITS CHARGE. RENEWABLE PORTFOLIO STANDARD CHARGE, ~ ENERGY COST ADJUSTMENT MECHANISM. ELECTRIC BILL CREDIT, MERCH NT FUNCTION CHARGE. AND NEW YORK STATE ASSESSMENT Svstem Benefits Charge The System Benefits Charge (SBC), as described in General Information Section 36.A, shall apply to alI electricity delivered under this Service Classifcation. Said charges will be applied each month to the kilowatthours determined in the manner set forth hereunder. Renewable Portfolio Standard Charge The Renewable Portfolio Standard Charge, as described in General Information Section 36.C, shall apply to all electricity delivered under this Service Classification. Said charges will be applied each month to the kilowatthours determined in the manner set forth hereunder. Purchased Power Adjustment and Miscellaneous Charges The provisions of the Company's Purchased Power Adjustment and Miscellaneous Charges, as described in General Information Section 29, shall apply to all electricity delivered under dais Service Classification. Said charges will be applied each month to the kilowatthours determined in the manner set forth hereunder. Electric Bill Credit The Electric Bill Credit, as described in General Information Section 36.B, shall apply to all customers served under this Service Classification. Market Price Charge and Market Price Adjustment The provisions of the Company's Market Price Charge and Market Price Adjustment, as described in General Information Section 29, shall apply to the electricity provided and sold by the Company under this Service Classification. Said charges will be applied each month to the kilowatthours determined in the manner set forth hereunder. Customers participating in the Retail Access Program as described in General Information Section 35 shall not be subject to these charges. Issued by: Michael L. MoshertVice President, Poughkeepsie, New York Effective Date: 07/31/200: PSC NO: 15 ELECTRICITY LEAF: 222.2 `~` COMPANY: CENTRAL HUDSON GAS & ELECTRIC CORPORATION REVISION: 7 INITIAL EFFECTIVE DATE: 07/31/09 SUPERSEDING REVISION: 6 Issued in Compliance with Order in C.08-E-0887 dated June 22, 2009 SERVICE CLASSIFICATION N0.8 {Cont'd) r. PUBLIC STREET AND HIGHWAY LIGHTING (Cont'd} SYSTEM BENEFITS CHARGE. RENEWABLE PORTFOLIO STANDARD CHARGE. ENERGY COST ADJUSTMENT MECHANISM, ELECTRIC BILL_CREDIT, MERCHANT FUNC_T_ION CHARGE AND NSW YORK STATE ASSESSMENT (Cont'd) MERCHANT FUNCTION CHARGE The Merchant Function Charge, as described in General Information Section 36.E, shall apply to all electricity delivered under this Service Classification. For billing purposes, the Merchant Function Charge will be included in the Miscellaneous Charges. NEW YORK STATE ASSESSMENT The New York State Assessment, as described in General Information Section 36.F, shall apply to all electricity w. delivered under this Service Classification. For billing purposes, the Electric Bill Credit will be included in the Miscellaneous Charges. The System Benefits Charge, Renewable Portfolio Standard Charge, Electric Bill Credit, and applicable portions of the Energy Cost `" Adjustment Mechanism, Merchant Function Charge, and New York State Assessment will apply to the kWh determined in the following manner: kWh = (Total Wattage _ 1,000) x (Monthly Burning Hours*) BURNING HOURS* January 420 July 260 February 350 {360 During Leap Year) August 290 March 340 September 320 April 300 October 370 May 270 November 400 June 240 December 440 XNCREASE IN RATES AND CHARGES The rates and charges under this Service Classification including the System Benefits Charge, Renewable Portfolio Standard Charge, Electric Bill Gredit, the applicable portions of the Energy Cost Adjustment Mechanism, Merchant Function Charge, and New York State Assessment, are increased pursuant to General Information Section 30, to reflect tax rates applicable within the municipality where the customer takes service. Issued by: Michael L. Mosher. Vice President, Pou_g_lilceepsie,Nety York r:==ectzve vate: it/ui/zow +~ ..DID: 17609 ..TRT: PSC N0: 15 ELECTRICITY LEAF: 223 COMPANY: CENTRAL HUDSON GAS & ELECTRIC CORPORATION REVISION: 2 INITIAL EFFECTIVE DATE: 11/01/01 SUPERSEDING REVISION: 1 `~` STAMPS: Issued in Compliance with Order .in C.00-E-1273 dated October 25, 2001 RECEIVED: 10/31/01 STATUS: Effective EFFECTIVE: 11/01/01 SERVICE CLASSIFICATION N0. 8 (Cont'd) PUBLIC STREET AND HIGHWAY LIGHTING {Cont'd) SPECIAL PROVISIONS The numbering of the paragraphs hereunder begins with the above service classification number. 8.1 No more than 5~ of the Company Owned lights in any municipality shall be replaced in any year unless otherwise approved by the Company in writing. 8.2 The Company, at the customer's request, will change the type ar size of lights at existing locations, install lights at new locations and remove existing lights provided that the design of all new lights and supports must be approved by the Company. 8.3 The Company shall have the right to remove any Company owned equipment, or to discontinue service to customer owned equipment, which in the opinion of the Company shall have become unsatisfactory for further service by reason of deterioration, civil commotion, state of war, explosion, fire, storm, flood, lightning or any other cause reasonably beyond the Company's control. Replacement shall be limited to equipment considered appropriate by the Company at the date of re-installation. 8.9 The Company shall not be obligated to repair or replace in kind any non- ~ standard luminaire. The Company will remove the non-standard luminaire or, at the customer's request, replace it with any standard luminaire offered for service at that time for which the customer will be charged the appropriate rates. ir. 8.5 As a condition of receiving service hereunder, the customer authorizes the Company, insofar as it lawfully may, to trim, cut, remove and to keep trimmed, cut and remove any trees and all other obstructions which, in the ~' opinion of the Company, interfere with or may tend to interfere with the construction, operation and maintenance of the Company's service provided hereunder. Tree trimming required for light distribution on the highway, street and/or sidewalk surfaces is the responsibility of the customer, and '~` shall be done by the customer or at the customer's expense. ~. Issued by: Arthur R. Upright. Senior Vice .President. Pouq~keepsie, New YorJ~ ~r.........i ,,, r....,.-,~ i ~,, .,., ...; i.7, n..A.... .., n nn t~ 7 n7~ .i-.r..A nn~..l..,.- ~c ~nn7 c.b 4Cl:L1VC ua~c: uo/~~, b~vt PSC N0: 15 ELECTRICITY r~ COMPANY: CENTRAL HUDSON GAS & ELECTRIC CORPORATION INITIAL EFFECTIVE DATE: 06/25/04 LEAF: 224 REVISION: 1 SUPERSEDING REVISION: 0 SERVICE CLASSIFICATION N0. 8 (Cont'd} PUBLIC STREET AND H GHWAY IGHT NG (Cont'd) SPECIAIL, PROVISION (Cont' d) 8.6 Upon termination of service hereunder the Company shall have the right within a reasonable time thereafter to remove all facilities placed, installed or used by it to provide the service hereunder. Upon making such removal, the Company shall leave the public streets and places affected thereby in the same or as good condition as they were immediately prior thereto. 8.7 When in the judgement of the Company an existing facility requires ~"` abnormal expenditures because of damage through vandalism or otherwise, service to the location may be terminated and the facility removed, or the Company may require that special provisions be made for the protection and ',,, maintenance of the facilities. 8.8 Customers taking service under Rate B or C of this Service Classification are required to notify the Company in writing of any changes made to equipment within thirty (30} days of any such changes. LIABILITY The failure of the Company to furnish any part of the service to be provided under this Service Classification shall not be construed as a breach of contract or render the Company liable for damages to the customer if such failure is caused by reason of accidents, strikes, state or municipal interference, action of the elements or other causes beyond the reasonable control of the Company, by absence of a report to the Company of lamps not burning or by the inability of the Company to obtain, without legal proceedings, the necessary consent for the erection of the poles, wires and other equipment required to furnish the service herein contemplated. No person, not a party to this contract, shall have any claim against either party hereto for any loss or damage arising out of the performance or ~ nonperformance of the work or services provided for in this agreement, whether such loss or damage be the result of negligence or any other cause. The customer shall indemnify and save harmless the Company from and against all ~"" lnability for damages or injuries to persons or property arising from the installation or maintenance of any customer owned equipment or any act of the customer, its agents, servants or employees. Issued by: Arthur R. Up,~c~t. Senior Vice President, goughkeeps~e. New York