1979-06-01
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CENTRAL HUDSON GAS & ELECTRIC CORPORATION
PO UGH K E E PS IE, N. Y. ] 2 6 02
June 1, 1979
Town ot Wappinger
Wappingers Falls, NY 12590
Gentlemen:
Central Hudson Gas and Electric Corporation (hereinatter called the Com-
pany) proposes to supply street lighting in the Hughsonville Liihtina Dis-tr~c-t
to the Town ot WaODi~er (hereinatter called the Customer in
accordance with the tollowing terms and conditions:
A. Services Supplied
The Company shall supply all electricity used tor such street lighting
and shall furnish, operate, maintain, repair and when necessary replace all
equipment, including all lamps, glass and plastic globes, photocells and re-
tractors used in furnishing lighting on both Company and Customer owned tixtures.
The Customer shall maintain, repair and when necessary replace either at
its expense or, if applicable, under warrantee those lighting fixtures andl
or their supporting poles which the Customer turnishes.
1be street lighting furnished shall be operated under normal conditions
every night trom dusk to dawn for a total ot approximately 4,000 hours per
year. In operating such lighting the Company shall replace lamps, glass and
plastic globes, photocells and retract~rs during regularly 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 ot the date of
this agreement are listed in Schedule I attached hereto.
During the term of this agreement, the Company, at the Customer.' s re-
quest, will change the type or size of lights at existing locations, install
lights at new locations and remove existing lights provided that;
1. all new or replacement lights installed shall be of the
standard High Pressure Sodium types listed at Section B.2.a.
below unless otherwise approved by the Company in writing,
2. no more than five (5) percent of the Company-owned lights
in any municipality shall be replaced in any year unless
otherwise approved by the Company in writing,
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A. Services Supplied (Cont'd)
3. extension or alteration of underground circuits to supply
additional lights must be approved by the Company in writ-
ing and
4. the design of all new fixtures and supports furnished by
the Customer at its expense must be approved by the Com-
pany in wri ting ,
B. Charges for Service_Supplied
1. Charge for Street Lighting Supplied at Effective Date of Agreement
The initial annual charge for street lighting furnished under this
agreement shall be $ 8.546 based on the street lights and related
facilities in service as of the date of this agreement and listed in
Schedule I attached, plus applicable fuel cost adjustment charges as set
forth in Section B.2.d. below.
2. Charges for street Lights and Facilities
Installed During Term of This Agreement
a. Street Light Charges
For each standard street light specified below installed
at new locations or substituted for existing street lights
at any location subsequent to the date of this agreement, the
annual charge specified in B.l. above shall be increased by
the following amounts:
High Pressure
Sodium
Company-Owned
Fixtures
Customer-Owned
Fixtures
5,800 Lumen
16,000 Lumen
27,000 Lumen
50,000 Lumen
140,000 Lumen
$ 80
95
120
135
255
$ 55
65
75
95
170
b. Special Support Charges
The annual charge stated in B.l. shall be increased $18 for
each wooden pole installed subsequent to the date of this agree-
ment to support street lights or circuits and not used for sup-
porting the Company's distribution system.
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 lights.
c. Underground Circuit Charges
The annual charges stated in B.l. shall be increased by 15%
of the costs to the Company for installation, extension or alter-
ation of underground circuits which are required to supply street
lights attached to such circuits at new or existing locations
during the term of this agreement.
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B. Charges for Service Supplied (Contrd)
2. d. Fuel Cost Adjustment
The Street Light Charges stated in Section B.2.a. above
will be subject each month to an adjustment, increase or de-
crease, based on the Company's cost of fuel and purchased
energy during the preceding month. Said adjustment will be
determined each month in the same manner as the similar adjust-
ment set forth in General Information Section 20 of the Com-
pany's tariff, P.S;C. No. 14 - Electricity, or any amending or
superseding section or tariff, but utilizing a base cost of
fuel of $.003 per Kwh. Said adjustment will be applied each
month to the applicable Kwh. determined as the product of (i)
the total wattage in kilowatts of street lights in service
and (ii) the applicable burning hours, based on the wattage
ratings and burning hours set forth on Schedule II attached.
3. Credits for Street Lights or Facilities
Removed During Term of This Agreement
a. Street Light Credits
For each street light 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 street light removed which differs in type or size
from those listed in that table, the annual charge will be re-
duced by the amount shown in Schedule I attached.
b. Special Overhead Support Credits
If any pole used solely to support street lights or cir-
cuits for which the charge specified in B.2.b. above has been
made ceases to be used for that purpose or is required to sup-
port the Company's distribution system, the annual charge will
be reduced $18.
c. Underground Circuit Credits
If operation of any street lights attached to underground
circuits for which a charge has been made in accordance with
B.2.c. above and as shown in Schedule I attached is permanently
discontinued, the annual charge will be reduced by the amount of
such charge. Also, if operation of any street lights attached
to underground circuits for which a charge has been made at $.25
per foot as shown on Schedule I attached is permanently discon-
tinued, the annual charge will be reduced by the amount of such
charge.
C. Billing and Payment
On or about JanuA.'rY 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 Sections B.2.a., B.2.b. and B.2.c. plus
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C. Billing and Payment (Conttd)
estimated annual Charges pursuant to Section B.2.d. above, 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 computed as specified in Section B. above, 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 showing charges in excess of the re-
maining 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 wi thin 30 days from the date such bill
is rendered.
D. Liability
The failure of the Company to furnish any part of the service to be pro-
vided under this agreement 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 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 ser-
vice 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 nonper-
formance 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 liability 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.
E. Term
From September 1, lCJ79 and thereafter until terminated
by either party by three months prior written notice to the other.
F. Termina.tion 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 pa.rties regarding such lighting.
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Please indicate your acceptance of this proposal where indicated below
and Teturn 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 par-
ties, this agreement shall constitute a contract binding upon the parties hereto
and their successors and assigns.
Yours very truly,
CENTRAL HUDSON GAS AND ELECTRIC CORPORATION
BY ~~~
Customer Relations Manager
pursuant to a resolution duly adopted
as provided by law, a certified copy
of which is attached hereto.
By
By
, 19.:zj
Accepted
GAS ~ COBPORATION
Vice President
SCHEDULE I
Sheet 1 of 2
Street Lights and facilities in service in the Hughsonville Lighting
District as of April 30, 1979 to be attached to and
form part of the agreement of that date between the Town of Wappinger
and Central Hudson Gas & Electric Corporation.
Street Lights
in Service
~ and Size
Incandescent
1,000 Lumen or Less
Open
Enclosed
2,500 Lumen
Open
Enclosed
4,000 Lumen
Open
Enclosed
6,000 Lumen
10,000 Lumen
15,000 Lumen
Flu.orescent
21,000 Lumen
.t!ercury Va.por
:)> 600 Lumen
7,000 Lumen
11,000 Lumen
15,000 Lumen
;:'0,000 Lumen
60,000 Lumen
~filJ'h Pressure ilodium
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5,800 Lumen
16,000 Lumen
Z7,000 Lumen
:)0,000 Lumen
l)iO,OOO Lumen
Number of
Fixtures Owned By
Customer Company
Annual Rate
Customer Company
:$ 24 .$ 3'[
24 39
26 31 44
31 46
)7 52
37 54
44 58
57 78
73 90
60
100
37
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b5
~5
}5
125
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82
50
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(u
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27
55
--t;5
75
95
170
80
95
l~~O
13~
25~
Annual
Charge
.$
1,144
4;"156
2,484
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Special Facilities
in Service
Poles Solely for street Lighting
Mastarms Over 14 Feet Long
Underground Circuit Charges at
$. 25 Per Foot
Underground Circuit Charges at
15% of Investment
Total Annual Charge
Number of Facilities
Owned By Company
9
feet
SCHEDULE I
Sheet 2 of 2
Annual Annual
Rate Charge
.$ 18 ~ 162
18
.25
15%
$8,546
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SCHEDULE II
CENTRAL HUDSON GAS & ELECTRIC CORPORATION
Schedule of Wattage Ratings of Street Lights and
Burning Hours Used to Determine Fuel Cost Adjustment
A. Wattage Ratings B. Burning Hours
Incandescent January 420
February 350*
Lumen Wattage Rating March 340
Rating (Ki1owat~ April 300
May 270
320 .040 June 240
1,000 .092 July 260
2,500 .189 August 290
4,000 .295 September 320
6,000 .405 October 370
10,000 .620 November 400
15,000 .860 December 440
F10urescent
*360 in Leap Year.
21,000 .340
Mercury Vapor
3,600 .126
7,000 .208
n,ooo .296
15,000 .455
20,000 .455
60,000 1. 080
High Pressure Sodium
5,800 .086
16,000 .180
27,000 .316
50,000 .496
140,000 1.164
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At a regular meeting of the
TCMN BOARD
of the TCMN OF WAPPINGER
held at Mill Street, Wappingers Falls, N.Y.
on JULY 9, 1979
the following resolution was moved by Councilman Leif Jensen
,
seconded by Councilman Johnson
, and du~ carried.
WHEREAS, all agreements with the Central Hudson Gas & Electric
Corporation for lighting the streets and highways in the HUGHSONVILLE
Lighting District
has been terminated on Julv 9. 1979
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
June 1, 1979
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
TCMN OF WAPPINGER
I hereby certity that this.is a copy of a resolution, passed
by the
Town Board of the Town of Wappinqer
at a meeting held on
JiHy 9, 1979
~(lW."- \\ S...w&t<...
Town Clerk
Signed
Ti tle