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CCR1990148COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #148-90 AUTHORIZING AGREEMENT BETWEEN CITY OF MUSKEG0 AND WISCONSIN ELECTRIC POWER COMPANY (Ornamental Street Lighting) WHEREAS, the Public Safety Committee has recommended that the City of Muskego use ornamental polls (fiberglass) when street lighting is constructed, and WHEREAS, the Public Safety Committee has further recommended that the cost of such ornamental street lighting be billed to deve lop ers . NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Muskego, upon the recommendation of the Public Safety Committee, does hereby approve the Agreement for Ornamental Street Lighting Service between the City of Muskego and Wisconsin Electric Power Company, as attached, and that the cost of the ornamental polls be billed to developers. BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby authorized to execute the necessary documents in the name of the 0 City. DATED THIS 12th DAY OF June , 1990. PUBLIC SAFETY COMMITTEE Ald. David D. Taube Ald. Patrick A. Patterson Ald. William T. Simmons ATTEST : City Clerk 6/90 jZ . AGREEMENT FOR ORNAMENTAL STREET LIGHTING SERVICE THIS AGREEMENT made this day of June, 1990. by and between Wisconsin Electric Power Company, hereinafter referred to as the Company, and Muskeao, Wisconsin, hereinafter referred to as the customer. WITNESSETH: The parties hereto, each in consideration of the agreements of the other, agree as follows: 1. SERVICES TO BE FURNISHED The Company agrees to furnish all labor, material, and supplies necessary for the installation of ornamental street lighting facilities and all electric energy, servicing and maintenance necessary for their operation. Facilities furnished hereunder shall be mercury and/or Sodium vapor Lamps shall conform to the standards of the Company. The location, number, size, installed in suitable fixtures mounted on ornamental poles. All facilities and estimated installed cost of initial installation are shown in Appendix 1, attached hereto and made a part hereof. Additional facilities which may be desired by the Customer from time to time in the future will be installed in accordance with letters of authorization from the Customer to the Company. The location, number, size and estimated cost of any and all additional facilities shall be shown in subsequent appendixes to this agreement which shall become a part hereof. 0 2. RATES FOR SERVICES Customer agrees to pay for street lighting service furnished by the Company in accordance with the terms and conditions of the Company's presently filed rate schedule for Ornamental Street Lighting Service, Rate Schedule No. Hs-4 and any modification thereof that may be ordered by the Public Service Commission of Wisconsin. A copy of the presently filed rate schedule is Rules and Regulations of the Company and to any changes in said rules and attached hereto. This agreement shall be subject to the Electric Service regulations which become effective in the future. 3. LIABILITY from any and all claims for damages arising from the construction, alteration, The Company agrees that it will indemnify and save the Customer harmless maintenance, operation, or presence of its lighting circuits installed hereunder, but such indemnity shall not be construed as conferring any right in favor of a third uartv and shall not include claims arisina from the - character, quantity, or continuity of lighting service furnished. ' 4. OWNERSHIP OF EQUIPMENT Title to all conductor, poles, fixtures, lamps, and accessory equipment installed by the Company pursuant to this agreement shall remain in the Company, and at its option the Company may remove such facilities upon termination of this agreement. 5. TERMS OF AGREEMENT This agreement shall become effective on the date service is initially termination by either party in accordance with the provisions of the furnished hereunder. This agreement shall remain in effect subject to applicable filed rate schedule for Ornamental Street Lighting Service. This agreement shall be binding upon successors and assigns of the respective parties hereto. City Village Nuskeao Town Clerk BY Title WISCONSIN ELECTRIC POWER COMPANY Title Witness