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HomeMy WebLinkAboutResolution - 220 - Agreement - Southwestern Public Service - Auxiliary Power For Wind Energy System - 07_26_1979RESO #220 - 7/26/79 .`S ISMT:hw J' RESOLUTION IBE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Director of Utilities Sales and Service of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Electric Service Agreement to provide auxiliary power for the operator of a non-commercial wind energy electrical generating system, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 26th day of July 1979. X Y44'r'.' 44L MAYO : PRO TEK'ALA HENRY ATTEST: = -Ekvelyn G fga` _ City c t -Treasurer -APPROVED AS TO CONT-ENT: Jam-' ,Carroll McDonald,, D ri ector of Utilities Sales and Service AMOV'ED AS TO FORM: Susan M. Tom, Assistant City Attorney ti TIED TO RESO #220 — 7/26/79 (Sample Agreement) ,17''` ELECTRIC SERVICE AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made this - day of , 1979, by and between the City of Lubbock, hereinafter referred to as Lubbock Power and Light, and hereinafter referred to as the Customer. WITNESSETH WHEREAS, the Customer has notified Lubbock Power and Light that he/she intends to install on his/her property for the purpose of generating electric energy for his/her own use; and WHEREAS, Lubbock Power and Light, wishing to encourage innovation in the energy field, is willing to furnish standby electric service to the Customer when the alternate power source is not available for the Customer's generating facilities; NOW THEREFORE, the parties hereto, each in consideration of the agreements of the other, agree as follows: 1. Lubbock Power and Light will furnish electric service to the Customer at on a standby basis for periods when the alternate power source is not available to the Customer for the operation of his own electric generating facilities. 2. Lubbock Power and Light will pay Customer annually for all KWH delivered/ supplied to Lubbock Power and Light as determined by recorded data at a rate equal to said month's fuel adjustment charge. Payment will be made by Lubbock Power and Light, annually within fifteen (15) days after the anniversary date of connection or within fifteen (15) days of termination of this agreement. 3. Prior to the installation of the facilities, the Customer will submit to Lubbock Power and Light a diagram for the wind powered generators and all electrical protection devices showing the complete electrical circuit of the wind powered generators. The diagram will indicate, in the judgment of Lubbock Power and Light, that the wind system cannot deliver energy to the Lubbock Power and Light system if loss of Lubbock Power and Light voltage occurs to the wind system. The diagram will also indicate, in the judgment of Lubbock Power and Light, that the wind system cannot cause damage or shutdown of any portion of Lubbock Power and Light's system in the event of an occurrence or failure in the operation of the wind system. No modification is to be undertaken to the wind system in the diagrams without the express written approval of Lubbock Power and Light. 4. Upon completion of the facilities, the Customer will so notify Lubbock Power and Light, and Lubbock Power and Light will thereupon inspect the facilities for compliance with the diagrams and will test the operating characteristics of the facilities for assurance of safety for its employees and accuracy of its meter before authorizing the operation of the facilities. 5. It will be the Customer's sole responsibility to maintain the wind system so as to guarantee the operation of the specific safety features which prevent energy from being delivered to Lubbock Power and Light's system during a power failure on Lubbock Power and Light's system and those safety features necessary.to isolate the wind system from Lubbock Power and Light's system in the event of an electrical malfunction of the wind system. 6. Lubbock Power and Light may at any time install or modify any equipment as it deems necessary to protect the safety of its employees or the accuracy of its meter as a result of the operation of the facilities, and the Customer shall reimburse Lubbock Power and Light for the cost of such installation or modification upon receipt of a statement therefor from Lubbock Power and Light. 7. Due to the reduced return on investment for the facilities provided to serve the Customer and in order to protect Lubbock Power and Light's other customers from subsidizing the wind system, the rate Lubbock Power and Light will charge to Customer will equal the rate charged to other buildings of a similar size and nature with a modified minimum bill calculated to prevent any Lubbock Power and Light losses due to the providing of the electric service. The monthly bill to the customer shall not be less than 1.5% times Lubbock Power and Light's installed equipment cost. 8. Lubbock Power and Light will install a detent on the watt-hour meter used to register the electrical energy provided to the customer in order to prevent reverse registration. 9. The Customer will pay Lubbock Power and Light's costs in installing and providing a watt-hour meter with a detent which will be used to register the electrical energy the Customer will provide to Lubbock Power and Light. 10. The Customer will at all times be in compliance with all rules, regu- lations and ordinances of the City of Lubbock. This specifically includes obtaining a zoning variance from the Zoning Board of Adjustment, if installation of the facilities would be in violation of zoning ordinances. 11. Authorized Lubbock Power and Light employees will have the right to enter upon the Customer's property at any reasonable time for the purpose of inspecting or servicing the facilities and making additional tests to ensure their continued safe operation and the accuracy of its meter, but such inspections shall not relieve the Customer from his obligation to maintain the facilities in satisfactory operating condition. 12. The data gathered by Lubbock Power and Light through the use of Lubbock Power and Light's metering facilities will be available to all Customers. 13. If, in the sole judgment of Lubbock Power and Light, the operation of the wind system is determined to be detrimental to Lubbock Power and Light's -2- customers, equipment or operating procedures, Lubbock Power and Light may notify the Customer to disconnect the facilities from Lubbock Power and Light's system and in the event the Customer fails to immediately comply with such notice, Lubbock Power and Light may discontinue service to the Customer until the facilities are disconnected. 14. The Customer will indemnify, protect and hold harmless Lubbock Power and Light, its officers, agents and employees against all claims, demands, loss, damage, cost, expense and liability resulting from injury to or death of any person or damage to any property, arising out of or in any way connected with the performance of this agreement, including any claims, demands, loss, damage, expense and liability proximately caused or contributed to by the negligence, whether active or passive, of Lubbock Power and Light, excepting only that which may be caused by the sole negligence or willful misconduct of Lubbock Power and Light. 15. No assignment of this agreement or of any right accruing hereunder shall be made, in whole or in part, by Customer without the prior consent of Lubbock Power and Light. 16. This agreement shall become effective immediately upon the execution hereof and shall continue in effect until terminated (except as to paragraph 13 if applicable) by either party upon thirty (30) days written notice given to the other party. IN WITNESS WHEREOF, the City of Lubbock and have executed this agreement as of the date first above written. Executed this CUSTOMER: day of , 1979. CITY OF LUBBOCK: Director of,Utilities Sales and Service ATTEST: City Secretary -Treasurer APPROVED AS TO CONTENT: Carroll McDonald Director of Utilities Sales & Service APPROVED AS TO FORM: Susan M. Tom, Assistant City Attorney No Text