HomeMy WebLinkAboutResolution - 3602 - Supplemental Agreement - TTU - Electric Service, LP&L - 04_25_1991Prepared by City Legal Dept.
�l for Electric Dept.
Resolution No. 3602
April 25, 1991
Item #22
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RESOLUTION
j BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
i THAT the Mayor 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 for supplemental electric service by and between the City
+ of Lubbock, acting through Lubbock Power & Light, and Texas Tech University,
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 25th
ATTEST:
, uity 5ecretery
APPROVED AS TO CONTENT:
Carroll McDonald, Assistant City
Manager of Utilities
APPROVED AS TO FORM:
ver, FirADona G. st sistan
City Attorney
day of April , 1991.
B . C . McMINIT, MAYOR
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ELECTRIC SERVICE AGREEMENT
SUPPLEMENTAL ELECTRIC SERVICE
This agreement is made this 25th day of
Contract No. MU642
Resolution No. 3602
April 25, 1991
Item #22
April ,
1991, by and between the City of Lubbock acting through Lubbock
Power and Light, hereinafter referred to as LP&L and Texas Tech
University, hereinafter referred to as the Customer.
WITNESSETH•
WHEREAS, the Customer has notified LP&L of its intent to
install a cogeneration facility on its property for the purpose
of generating electric energy for its own use; and
WHEREAS, LP&L wishing to encourage innovation in the energy
field, is willing to furnish supplemental electric energy to the
Customer when the Customer's generating facility is not available
or operating.
NOW THEREFORE, the Parties agree as follows:
1. LP&L will furnish electric service to the Customer at
480 volt three phase on a supplemental basis for periods
when the Customer's own electric facilities are not
operating.
2. Prior to installation, the Customer will submit to LP&L
a diagram for his generators and all electrical protection
devices showing the complete electrical circuit of same.
The diagram will indicate, in the judgment of LP&L, that the
Customer's system cannot deliver energy to the LP&L system
if loss of LP&L voltage occurs. The diagram will also
indicate, in the judgment of LP&L, that the Customer's
system cannot cause damage to or shutdown of any portion of
Lubbock Power and Light's system in the event of failure in
the operation of Customer's system. No modification is to
be undertaken to Customer's system as diagrammed without the
express written approval of Lubbock Power and Light.
3. Upon completion of the facilities, the Customer will
notify LP&L, and LP&L will inspect the facilities for
compliance with the diagram and will test the operating
characteristics of the facilities to assure the safety of
LP&L's employees and accuracy of LP&L's meter(s) before
authorizing the operation of the facilities.
4. It will be the Customer's sole responsibility to
maintain the system, so as to guarantee the operation of the
specific safety features which prevent energy from being
delivered to LP&L's system during any failure of LP&L's
system and the safety features necessary to separate the
Customer's system from LP&L's system in the event of an
electrical malfunction of Customer's system.
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5. LP&L may at any time install or modify such equipment
as it deems necessary using reasonable and prudent
engineering practices to protect the safety of its employees
as a result of the operation of the facilities, and the
Customer for reasonable costs shall reimburse LP&L for the
cost of such installation or modifications upon receipt of a
billing statement from LP&L.
6. LP&L will install a detent on the watt-hour meter used
to register the electrical energy provided to the Customer
and also install a detent on a watt-hour meter to register
any electrical energy provided by the Customer to the LP&L
system.
7. The Customer will pay LP&L's costs in installing and
providing watt-hour meters with detents which will be used
in registering the electrical energy LP&L will provide to
the Customer and the electrical energy the Customer may
provide to LP&L.
8. The Customer will at all times be in compliance with
all valid rules and regulations of LP&L and with all rules,
regulations and ordinances of the City of Lubbock.
9. LP&L employees will have the right to enter upon the
Customer's property at any reasonable time for the purpose
of inspecting Customer's facility or servicing LP&L's
equipment and making additional tests to ensure continued
safe operation and the accuracy of its meter, but such
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inspections shall not relieve the Customer from his
obligation to maintain the facilities in satisfactory
operating condition.
10. If, in the sole judgment of LP&L, the operation of the
Customer's system is determined to be physically detrimental
to LP&L, LP&L may require the Customer to disconnect the
facilities from LP&L's system and in the event the Customer
fails to immediately comply with such notice, LP&L may
discontinue supplemental service to the Customer.
11. To the extent authorized by the Laws and Constitution
of the State of Texas, the Customer will indemnify, protect
and hold harmless LP&L, its officers, agents and employees
against all claims, demand, loss, damage, costs, expense and
liability resulting from injury to or death of any person or
damage to any property, arising out of customers performance
of this agreement.
12. The Customer agrees to pay a monthly supplemental
charge of $2.70 per KW on the rated demand capacity of the
Customer installed cogeneration unit for which LP&L will
provide supplemental service. This supplemental charge will
be waived during any month in which the Customer's
generating facility has been out of service for a length of
time sufficient to cause the load capacity, which would have
been served by the Customer's generating facility, to
register on LP&L's demand meters.
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Energy and Demand provided will be billed under the billing
system described in the Energy Agreement between Texas Tech
University, Texas Tech Health Sciences Center, City of
Lubbock, and Lubbock Power and Light, dated March 21, 1988,
with the understanding that energy out of the Tech system
into the LP&L system will be metered. Lubbock Power and
Light will credit Texas Tech for this energy placed into the
LP&L system at a rate equal to LP&L's actual fuel cost
adjustment for that month. The credit will be placed on the
billing month following the month in which the actual energy
flowed into the LP&L system.
For the purposes of this agreement, the actual fuel cost
adjustment will be the sum of the actual fuel bill, plus any
payments made for non -firm energy purchases, plus the
portion of firm energy purchases due to a fuel recovery
factor, this sum will be divided by the actual energy sales.
The resulting factor will be the actual fuel cost
adjustment.
13. If the actual supplemental demand capacity exceeds the
rated demand capacity, then the actual supplemental demand
capacity of the cogeneration unit will determine the monthly
supplemental charge for the current billing month plus the
supplemental charge for the next eleven months.
14. 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 LP&L.
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15. This agreement shall become effective immediately upon
the completion of the customers cogeneration facilities and
shall continue in effect until terminated (except as to
paragraph 10 if applicable) by either party upon a one year
written notice given to the other party.
In Witness Whereof, the City of Lubbock and Texas Tech
University have executed this agreement as of the date first
above written.
EXECUTED this 25th day of April , 1991.
TEXAS T H UNI RSITY
BY:
ert W. Lawiess
sident
Title
ATTEST:
CITY OF LUBBOCK
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B. C. M&MINIr, MAYOR
T:
Rane to Boyd,
City Secretary
APP VED AS TO CON ENT:
re
Carroll McDonald,
Assistant City Manager
of Utilities
APPROVED AS TO FORM:
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bb,fiald G. Vandiver,
First Assistant City Attorney
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