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1971-07-22 CENTRAL HUDSON GAS & EtLECTRIC CORPORATION POUGHKEEPSIE, N.Y. 12602 July 22, 1971 Town of Wappinger Wappingers Falls, New York 12590 Gentlemen: Central Hudson Gas & Electric Corporation (hereinafter called the Company) proposes to supply street lighting in t.np. r."p.l ~Pl'l Lighting District to the ~own of w~~;nrP~ (hereinafter called the Customer) in accordance with e ollowing te~s and conditions: A. Services Supp~ie~ The Company shall supply all electricity used for su.ch street lighting and shall furnish, operate, maintain, repair and when nec- essary replace all equipment, including all lamps, glass and plastic globes, and refractors used in furnishing such lighting, except those lighting fixtures together with their supporting poles which are fur- nished by the Customer. The CUstomer shall maintain, repair and when necessary replace at its expense those lighting fixtures and their supporting 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 regu- larly scheduled working hours. The Customer shall use appropriate measures at all times to minimize malicious breakage of lamps and globes. The street lights and related facilities in service as of the date of this agreement are listed in Schedule I attached hereto. During the te~ 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. -1- B. Charges for Service Supplied 1. Charge for Street Lighting Supplied at Effective Date of Agreement The initial annual charge for agreement shall be $ 3,462.00 lated facilities in service as of in Schedule I attached. street lighting furnished under this based on the street lights and re- the date of this agreement and listed 2. Charges for Street Lights and Facilities Installed During Term of This Agreement a. Lamp Charges For each standard lamp specified below installed at new lo- cations or substituted for existing lamps at any location sub- sequent to the date of this agreement, the annual charge specified in B.l. above shall be increased by the following amounts: Type and Size of Lamp Lamps Installed in Company-Owned Fixtures Lamps Installed in Customer-Owned Fixtures Mercury Vapor 3,600 lumen** $ 50 58 78 $ 37 45 65 7,000 lumen 11,000 lumen 20,000 lumen 92 165 75 60,000 lumen 125 ** This lamp is offered for installation at new locations only. It may be installed as a replacement of an existing fixture only upon approval of the Company. If non-standard lamps differing from those listed above are installed subsequent to the date of this agreement, the annual charge will be increased by an appropriate amount determined by the Company at the time of their installation. each ment used Special Support Charges The annual charge stated in B.l. shall be increased $18 for wooden pole installed subsequent to the date of this agree- to support street light fixtures or circuits and not then for supporting the Company's distribution system. b. The annual charge shall likewise be increased $18 for each mast arm or bracket more than 14 feet long installed subsequent to the date of this agreement to support 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 subsequent to the date of this agreement, the annual charge shall be reduced by the amount stated in the table in that section. For each lamp removed which differs in type or size from those listed in that table, the annual charge will be reduced by the amount shown in Schedule I attached. b. Special Overhead Support Credits 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 $18. If any mast arm or bracket more than 14 feet long for which the charge specified in B.2.b. above has been made is removed, the annual charge will be reduced $18. C. Billing and Payment On or about Januarv 1 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 payment, bills shall be rendered monthly, thereafter, for the charges com- puted as specified in Section B, for the street lighting 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 show- ing charges in excess of the remaining credits from the advance pay- ment 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 paragraph of this section, bills rendered monthly shall be due and 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 munici- pal interference, action of the elements, or other causes beyond the 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,~d 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 of any other cause. The Customer shall indemnify and save harmless the Company from and against all liability for damages or injuries to persons or prop- erty 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 September 1, 1971 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. -4- F. Termination of Previous Contracts (Cont'd) 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 con- tract binding upon the parties hereto and their successors and assigns. Yours very truly, CENTRAL HUDSON GAS & ELECTRIC CORPORATION By ~M~ Lighting Engineer Accepted , 197:!t By pursuant to a resolution duly adopted as provided by law, a certified copy of which is attached hereto. Accepted .,~ ~~ , 19 TI. CENTRAL HUDSON GAS & E TRIC CORPORATION J7/}, By -5- Sheet 1 of 2 SCHEDULE I Lamps and facilities in service in the Chelsea Lighting District as of Ju~y 31. 1971 to be attached to a.nd form part of the agreement of that date between the Town of Wavninger and Central Hudson Gas & Electric Corporation. Number of Lamps in Service Fixtures Owned by Annual Rate Annual Ty])e and Size Customer Company Customer Company Charge Incandescent 1000 lumen or less Open j ~t 1..TI 1- Enclosed --.J2 2500 lumen Open 31 44 Enclosed 31 ~ 4000 lumen Open 37 52 Enclosed 37 54 6000 lumen 44 ~ 10000 lumen -2.. ~ 15000 lumen --1l -2Q Fluorescent 21000 lumen 60 100 Mercury Vapor 3600 lumen 37 50 7000 lumen .Ja.. 45 5"S --2..,:l. 26 11000 lumen b5 7S 15000 lumen b5 --m5 20000 lumen 8 75 l~ 736 60000 lumen 125 .. . SCHEDULE I (Contid) Special Facilities in Service Poles solely for street lighting Mastarms over 14 feet long Total Annual Charge Number of Facilities Owned by Company Sheet 2 of 2 .. . . At a regular meeting of the TOWN BOARD of the TOWN OF WAPPINGER held at MILL STREET, WAPPINGERS FALLS, NEW YORK SEPTEMBER 13, 1971 on the following resolution was moved by Councilman Clausen , seconded by Councilman Finnan , and duly carried. WHEREAS, all agreements with the Central Hudson Gas & Electric Corporation for lighting the streets and highways in the Chelsea Liqhting Dist. Town of Wappinger has been terminated on september 1, 1971 and 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 July 22, 1971 as submitted by the Central Hudson Gas & Electric Corporation be and is hereby approved, and it is further RESOLVED that Supervisor Louis D. Diehl be and is hereby authorized to execute said agreement on behalf of the Town of wappinger I hereby certify that this is a copy of a resolution passed by the Town Board of the Town of wappinger at a meeting held on September 13, 1971 Signed (~cu.J.k\) ~ ~\w~\lIL- Title Town Clerk