TOWNSHIP OF MONROE RESOLUTION NO. \c\ Providing for the furnishing of electric street lighting service to the First Class Township of Monroe, County of Snyder, Pennsylvania. WHEREAS, under and pursuant to Section 1502 (XIII) of the First Class Township Code, as amended, the Commissioners of the First Class Township of Monroe have requested PP&L Inc. to street lighting in said Township of Monroe, all of which is contained in a new agreement proposed by PP&L Inc. WHEREAS, the said agreement now on file with the secretary of the Township is a form of agreement covering said proposed new electric street lighting service. NOW, THEREFORE, BE IT RESOLVED by the Board of Township Commissioners for the First Class Township of Monroe, and it is hereby resolved by the authority of the same: That the First Class Township of Monroe, County of Snyder, Pennsylvania enter into an agreement with PP&L Inc. for the furnishing of all the electric street lighting service required to light the said certain roads or highways or portions thereof of the Township for the period and in accordance with the terms contained in the form of agreement now on file with the Township Secretary for the furnishing of such service; and that the proper officers of the Township be and they are hereby authorized and directed to execute and deliver said form of agreement on behalf of the Township. Resolved by the Board of Township Commissioners of the First Class Township of Monroe, this an day of, 1999. Ch ATTEST: G e etary President Board of Township Commissioners Twpkturo. dot,
almnik OP.% ARTICLES OF AGREEMENT, made and concluded this cal day of, 1999, between the TOWNSHIP OF MONROE (hereinafter called the "Township"), a First Class Township of the Commonwealth of Pennsylvania situated in the County of Snyder and PPM- INC., (hereinafter called the "Light Company"), a corporation of said Commonwealth, having its principle office in the City of Allentown. WHEREAS, Township has requested Light Company to install high pressure sodium lamps in the Township of Monroe; and WHEREAS, at a meeting of the Board of Commissioners of the Township duly convened and held on the day of, 1999, the Township by proper action authorized the making of this agreement with the Light Company for the furnishing of all electric street lighting service as presently being rendered in certain areas of the Township and also as now proposed and required to light the roads or highways or portions thereof in other areas of the Township. NOW, THEREFORE, THIS AGREEMENT WITNESSETH: That the parties hereto, in consideration of the mutual covenants and benefits moving from each party to the other hereunder, do hereby agree as follows: 1. Except to the extent otherwise provided, the term of this agreement shall be ten (10) years from the date hereof and thereafter until canceled by six (6) months prior written notice from either party to the other, or until canceled by a superseding agreement. 2. Except as hereinafter mentioned, the Light Company shall furnish, install, operate, and maintain from its overhead and underground distribution systems all electric street lighting required by the Township for the lighting of roads or highways or portions thereof in said Township and the Township shall receive and pay for the same in accordance with the provisions of this agreement. Township shall have primary responsibility of discovery and reporting to Light Company any street lights that are not operating. 3. (a) As soon after the date hereof as Light Company is reasonably able so to do, the Light Company will install 2-25,500 lumen high pressure sodium lamps in roadway luminaries mounted on traffic signal - street light combination poles at locations selected by Township. The Light Company shall not be held liable for delays in installation due to material or skilled labor shortages beyond its control. (b) The Township will install two (2) new traffic lights - street light combination poles complete with supporting brackets for the street lights in the Township of Monroe. Upon installation the Township shall thereafter continue to own, operate and maintain the traffic light - street light combination poles and supporting brackets for the street lights. 4. All high pressure sodium street lights will be installed at locations selected by Township. The lumen ratings as used herein are the ratings of the lamps as detailed in Light Company's appropriate rate schedules.
5. The luminaries for the high pressure sodium lamps installed hereunder shall be of the type currently available from the Light Company 6. At no time during said term hereof after all said installations have been made as provided in Section 4 hereof, shall the amount of any monthly payment hereunder be less than the charge for the numbers and sizes of lamps shown on Exhibit "A", attached hereto and made a part hereof, at the rates referred to in Section 8 hereof, plus all additions or minus all deletions made hereunder. 7. At the request of the Township and as permitted in Light Company's rate schedules, Light Company will provide additional lamps of the type enumerated in Section 6 or of a different type. Whenever the Township requests an additional lamp of the type enumerated in Section 6 or of a different type, the term of this Agreement as to that additional lamp shall be ten (10) years from the date of its installation, and thereafter until canceled by prior written notice from either party to the other, or unless canceled by a superseding agreement. Whenever the Township requests removal of any lamp for the intent and purpose of changing to a different size or type of lamp, then the Light Company may charge Township, and Township agrees to pay, an amount which Light Company calculates in accordance with the applicable provisions of the respective rate schedules referred to in Section 8 hereof 8. (a) The Township shall receive and pay for electric street lighting service hereunder in accordance with the rules and rate schedules from time to time duly filed and posted by the Light Company in accordance with the Pennsylvania Public Utility Code. The rates now applicable to service hereunder are set forth in Rate Schedule SHS for all said high pressure sodium lamps (b) The 2-25,500 lumen high pressure sodium lamps on the Borough's traffic light - street light combination poles indicated in Exhibit "A", shall be billed at the wood pole overhead rate in Rate Schedule SHS. 9 At the written request of the Township, Light Company will trim trees which may Interfere with the proper lighting of said roads or highways. The Township will obtain all consents the which Township and permits deems necessary to carry on such work. 1 his Agreement is intended to create rights between the Township and light Company only, and is rights not intended for the benefit of any third parties, who shall obt a i n no whatsoever thereunder I l The Light [dating ti) () the use of materials required therefor. Company's obligations hercunder are subject to all governmental regulation 10,648,101..0
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be signed in duplicate the day and year first above written. WITNESS: TOWNSHIP OF MONROE President Board of Township Commissioners WITNESS: PP&L, INC.
EXHIBIT "A" LIST OF LAMPS TO BE BILLED AFTER INSTALLATIONS HAVE BEEN MADE Location Number Size In Lumens Rate Schedule High pressure sodium lamps, 2 roadway luminaire, traffic signal - street lighting combination pole 25,500 SHS * Billed at the rate for wood pole overhead service. Tsvp Moruoe.doc