HomeMy WebLinkAboutResolution - 2020-R0264 - Route Consent Agreement, South Water Treatment PlantResolution No. 2020-RO264
Item No. 7.19
August 11, 2020
RESOLUTION
WHEREAS, the City of Lubbock and its municipally owned electric utility, Lubbock Power
& Light ("LP&L"), are currently served with wholesale power delivered through the Southwest
Power Pool Regional Transmission Organization ("SPP");
WHEREAS, LP&L filed before the Public Utility Commission of Texas ("PUC") its
Application of the City of Lubbock Through Lubbock Power and Light for Authority to
Connect a Portion of its System with the Electric Reliability Council of Texas ("ERCOT"),
Docket Number 47576 (the "Application"), on or about September 1, 2017;
WHEREAS, the portion of LP&L's load subject to the Application is more particularly
defined therein and herein as the "Affected Load";
WHEREAS, the Application to integrate the Affected Load into ERCOT was granted by the
PUC, as evidenced by its Order dated March 15, 2018, in PUC Docket No. 47576, styled
Application for the City of Lubbock through Lubbock Power and Light forAuthority to Connect
a Portion of its System with the Electric Reliability Council of Texas (the "Order");
WHEREAS, as a part of Order, the PUC ordered LP&L and Sharyland Utilities ("Sharyland"),
as end point owners of the subject transmission infrastructure ("Infrastructure") required to be
constructed to integrate the Affected Load into ERGOT, to agree to the split of ownership of
such Infrastructure;
WHEREAS, such agreement was accomplished through the Participation Agreement (the
"PA"), entered into by and between LP&L and Sharyland;
WHEREAS, subsequent to entering into the PA, Sharyland was acquired by merger and
acquisition by Oncor Electric Delivery Company LLC ("Oncor");
WHEREAS, as a part of the merger and acquisition, Oncor succeeded to all benefits and
obligations of Sharyland under the PA;
WHEREAS, in PUC Docket No. 48909, the PUC approved a 345 kV transmission line route,
known in the PUC docket as the Wadsworth -New Oliver -Farmland 345 kV electric
transmission line route ("Wadsworth to Farmland 345kV Route"), which crosses two
properties owned by the City of Lubbock;
WHEREAS, one of the properties crossed by the Wadsworth to Farmland 345kV Route is the
City of Lubbock's South Water Treatment Plant, located in Section 72, Block S, T.T. R.R. Co.
Survey, Abstract No. 1382, and being a part of a tract of land described in a general warranty
deed and assignment of lease to the City of Lubbock, recorded in Document No. 2008038584
of the official public records of Lubbock County, Texas ("South Water Treatment Planf');
WHEREAS, the City of Lubbock and Oncor Electric Delivery Company LLC desire to modify the
route across the South Water Treatment Plant as described and depicted in the Route Consent
Agreement and attachment thereto; NOW, THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Manager of the City of Lubbock is hereby authorized and directed to execute
for and on behalf of the City of Lubbock, that certain Route Consent Agreement, by and
between the City of Lubbock and Oncor Electric Delivery Company LLC, a Delaware limited
liability company, and related documents regarding the City of Lubbock's South Water
Treatment Plant, located in Section 72, Block S, T.T. R.R. Co. Survey, Abstract No. 13 82, and
being a part of a tract of land described in a general warranty deed and assignment of lease to
the City of Lubbock, recorded in Document No. 2008038584 of the official public records of
Lubbock County, Texas. Said Route Consent Agreement is attached hereto and incorporated
in this resolution as if fully set forth herein and shall be included in the minutes of the City
Council.
Passed by the City Council on August 11, 2020
DANIEL M. POPE, MAYOR
ATTEST:
1Dkiqj.A-d )�c
Reb cca Garza, City Secret
APPROVED AS TO CONTENT:
David Mc -Calla, Director of Electric Utilities
APPROVED AS TO FORM:
T h, LP&L General Counsel
Wadsworth•New Oliver -Farmland 345 kV CCN 2
&OUTE CONSENT AGREEMENT
The undersigned landowner, the City of Lubbock ("Landowner"), executes this agreement to
evidence Landowner's consent and agreement to a modification to the Wadsworth -New Oliver -
Farmland 345 kV electric transmission line route approved by the Public Utility Commission of Texas
("PUCT") in PUCT Docket No. 48909, on the land designated as CCN tract number 2, as shown in the
map attached hereto as Exhibit A and incorporated herein for all purposes.
Landowner owns the surface of CCN 2. Landowner hereby demonstrates a preference for,
and consents to, a route modification through CCN 2 along the general path shown in Exhibit A.
The dark blue line in Exhibit A represents the PUCT-approved route on Landowner's property,
and the turquoise line represents the agreed -upon route modification.
Landowner hereby acknowledges and agrees that Oncor is permitted to further investigate the
requested route modification and conduct surveys Oncor deems reasonably necessary for this purpose,
including land, archeological, wildlife, storm water, vegetation, geotechnical and similar surveys, so
long as any such investigation is done in coordination with and approved by the City Manager of the
City of Lubbock, or his designee. Landowner agrees that Oncor, with approval of the City Manager of
the City of Lubbock, may substitute the general depiction of the requested route modification on
Landowner's tract shown in Exhibit A with definitive survey documents more precisely delineating the
requested modification in metes and bounds with legal descriptions.
This agreement does not grant easement or construction rights. Landowner and Oncor will agree
upon the specific terms of the easement for the area roughly depicted in Exhibit A, and any price thereof,
in a separate document.
[signature page follows]
ROUTE CONSENT AGREEMENT — PAGE 1 OF 2
AGREED:
City of Lubbock
B
Name: W. Jarrett Atkinson
Title: City Manager
APP OVED AS TO CONTENT:
C,
T
David McCalla, Director of Electric Utilities
APPROVED AS TO FORM:
J y th LP&.L General Counsel
ONCO EXIT E RY COMPANY LLC
B•
Name.
Title: A rn&vt"V I-v r+��
Wadsworth -New Oliver -Farmland 345 kV CCN 2
August 11, 2020
Date
7 T ZOrc7
Date
ROUTE CONSENT AGREEMENT —PAGE 2 OF 2
I