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1961-12-01 . . December 1, 1961 Town of Wappinger Vappingers FaJ.ls, New York Gentlemen: Central Hudson Gas & Electric Corporation :t.~E!.. .c.~~~.. ~~~~~. ..T4~~~.. .~~~:r:~~~. to the'J:'<:>lIl:l..~~..~~~~~................ (hereinafter called the Company) proposes to supply street lighting in (hereinafter called the Customer) in accordance with the following terms and conditions: A. Services Supplied The Company shall supply all electricity used for such street lighting and shall furnish, operate, maintain, repair and when necessary replace all equipment, including all lamps, glass and plastic globes, and refractors used in furnish. ing such lighting, except those lighting fixtures together with their supporting poles which are furnished by the Customer. The Customer shall maintain, repair and when necessary replace at its expense those lighting fixtures and their sup- porting poles which the Customer furnishes. The street lighting furnished shall be operated under normal conditions every night from dusk to dawn for a total of approximately 4,000 hours per year. In operating such lighting the Company shall replace lamps, glass and plastic globes, and refractors during regularly scheduled working hours. The Customer shall use appropriate measures at all times to minimize malicious breakage of lamps ~nd globes. The street lights provided under this agreement at its effective date are listed in Schedule I attached hereto. During the term of this agreement the Company at the Customer's request will change the type or size of lamps at existing locations, install lights at new locations, and remove existing lights provided that (1) the Company shall not be required to furnish fixtures of non-standard design or extend or alter underground circuits to supply additional street lighting from such circuits without its consent and (2) design of all new fixtures and supports furnished by the Customer at its expense shall be approved by the Company. B. Charges for Service Supplied 1. Charge for Street Lighting Supplied at Effective Date of Agreement The charge for street lighting furnished at the effective date of this agreement as shown in Schedule I shall he $.;;.44~.:J.5................... per annum. -1- 2. Charges for Street Lights and Facilities Installed During Term of This Agreement a. Lamp Charges For each lamp of the type and rating specified below installed at new locations or substituted for existing lamps at any location during the term of this agreement, the annual charge specified in B.l. above shall be increased by the following amounts: Type and Size of Lamp Incandescent 1,000 lumen or less Open lamp Enclosed lamp 2,500 lumen Open lamp Enclosed lamp 4,000 lumen Open lamp Enclosed lamp 6,000 lumen 10,000 lumen 15,000 lumen Mercury Vapor 15,000 lumen or less 20,000 lumen Lamps Installed in Company-Owned Fixtures Lamps Installed in Customer-Owned Fixtures Fluorescent 21,000 lumen $32 $24 34 24 39 31 41 31 46 37 48 37 57 44 72 57 90 73 80 65 95 75 100 60 If lamps of type or rating differing from those listed above are installed during the term of this agreement, the annual charge will be increased by an appropriate amount determined by the Company at the time of their installation. b. Special Overhead Support Charges The annual charge stated in B.l. shall be increased $12 for each pole installed during the term of this agree- ment to support overhead street light fixtures or circuits and not then used for supporting the Company's dis- tribution system. The annual charge shall likewise be increased $18 for each mast arm or bracket more than 14 feet long and for each span wire installed during the term of this agreement to support overhead street light fixtures. -2- 3. Credits for Street Lights or Facilities Removed during Term of this Agreement a. Lamp Credits For each lamp of the type and size specified in B.2.a. removed during the term of this agreement, the annual charge shall be reduced by the amount stated in the table in that section less $4; unless the total annual charge then being made for street lighting supplied under this agreement (exclusive of the charges for special overhead supports and underground circuits) is the same or more than the charge for the lamps then installed computed at the rates stated in B.2.a., in which event the annual charge shall be reduced by the amounts stated in the table in B.2.a. for each lamp removed. For each lamp removed which differs in type or size from those listed in that table, the annual charge will be reduced by the same amount as the charge established by the Company when the lamp was installed. b. Special Overhead Support Charges If any pole used solely to support street lighting fixtures or circuits for which the charge specified in B.2.b. above has been made ceases to be used for that purpose or is required to support the Company's distribution system, the annual charge will be reduced $12. If any mast arm or bracket more than 14 feet long or any span for which the charge specified in B.2.b. has been made is removed, the annual charge will be reduced $18. C. Billing and Payment On or about ..... ......~~l1.B.J,"Y..:J., ..... ................... ... ...... ..... of each year, the Customer will be billed in advance for the annual charges for the street lighting in service on the billing date computed as specified in Section B, less 3% discount for payment within 30 days from the billing date. If the Customer makes such annual advance pay- ment, bills shall be rendered monthly, thereafter, for the charges computed as specified in Section B, for the street light- ing in service at the beginning of that month less one-twelfth of the 3% discount for advance payment deducted from the initial annual bill and the amount of such bill shall be charged against the remaining credit balance resulting from advance payment. Any such monthly bills showing charges in excess of the remaining credits from the advance payment of the initial annual bill, resulting from changes in the street lighting installation or the contract rates during the annual billing period, shall be due and payable within 30 days from the date such bill is rendered. If the Customer has not paid the initial annual bill in advance in the net amount as provided in the first para- graph of this section, bills rendered monthly as provided in the second paragraph of this section will be payable by the Customer in their gross amount without discount within 30 days from the date each bill is rendered. -3- D. Liability The failure of the Company to furnish any part of the service to be provided under this agreement shall not be construed as a breach of contract or render the Company liable in 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 con. trol 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 reo quired 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 of any other cause. The Customer shall indemnify and save harmless the Company from and against all liability for damages for 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. E. Term One year from ..December..l~.J.96L...... and thereafter for succeeding periods of one year until terminated by either party by written notice to the other at least three months prior to the expiration of any annual period. F. Termination of Previous Contracts This agreement includes all arrangements between the Customer and the Company relating to street lighting to be effective after the commencement of its term. From and after such commencement it shall supersede and replace all other contracts and understandings between the parties regarding such lighting. Please indicate your acceptance of this proposal where indicated below and return both copies of this agreement to us for our formal acceptance after which we will return one copy for your records. When thus accepted by both parties, this agreement shall constitute a contract binding upon the parties hereto and their successors and assigns. Yours very truly, EVConte/pc CENTRAL HUDSON GAS & ELECTRIC CORPORATION By f1~'V'<:? (i,c6! Resident Manager Accepted ~. 7 196/ . TOiIII OF lIAPPIN~ ~ ' By . ~. .C::f'- ;-~----<..... .. ............ pursuant to a resolution duly adopted as provided by law, - ~......~...- a certified copy of which is attached hereto. Accepted ~/~,;eW1J., i'r .5/ 196/ . CENTRAL HUDSON GAS & ELECTRIC CORPORATION /1./~..'i I e/... ....' By~..id"';. 6.;;;;;;;~i~1 Ii.~i;,;;;;............ -4- SCHEDULE I Street Lamps in Service in Came1i Acres Lighting District at Commencement of the Term of the Agreement between the Town of Wappinger and Central Hudson Ge.s & Electric Corporation dated December 1, 1961 to be attached to and form part of that Agree- ment. Type and Size of Lamps Street Lamps in Service Number Installed In Company-Owned Fixtures Incandescent 2,500 lumen Open Lamp 4,000 lumen 4 Open Lamp 2 ".11 I. At a regular meeting of the of the Town of Wappinger held at Town Hall, Wappingers Falls, N. Y. Town Board on September 7, 1961 the following resolution was moved by Councilman Hai t , seconded by Justice of PAAnA, BeAtty , and duly carried. WHEREAS the agreement with the Central Hudson Gas & Electric Corporation for lighting the streets and highways in the Came1i Acres Lighting District November 30, 1961 , and has been terminated on WHEREAS the Central Hudson Gas & Electric Corporation has sub- mitted a new agreement for lighting said streets and highways subsequent to that date, NOW, THEREFORE, BE IT RESOLVED that the new agreement dated December 1, 1961 as submitted by the Central Hudson Gas & Electric Corporation be and is hereby approved, and it is further RESOLVED that Supervisor Richard H. Linge be and is hereby authorized to execute said agreement on behalf of the Town Board of the Town of Wappinger by the I hereby certify that this is a copy of a resolution passed Town Board of the Town of Wappinger at a meeting held on September 7. 1961 Signed ~~~' - Clerk '