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Home My WebLink AboutResolution - 2794 - Agreement - BCECA- Electrical Service, Bailey County Well Field - 03/24/1988JWF:dw RESOLUTION Resolution #2794 March 24, 1988 Item 29 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 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, two agreements to be entered into by and between the City of Lubbock (as Owner -Consumer) and Bailey County Electric Cooperative Association (As Seller -Electrical Utility Service Provider); one agreement being for the construction and extension of the electrical service line to said City's Bailey County Well Field, and the other agreement being for the regular electrical service agreement covering such extended service to said well field, 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. 'B. C. McMINN, MAYOR yd, City Secretalry APPROVE CONTENT: I for Watson, Chief Water Uti i es Engineer APPROVEDAS TO,,FORM: . _ . n k �i/rfii/L�7ilff� J. Fullingim, Assistant Ci 0 fittorney Plrssed by the City Council this 24th day of March, 1988. Res. 2794 f' AGREEMENT FOR ELECTRIC SERVICE ' AGREEMENT made 11-24 , 19 87 between BAILEY COUNTY ELECTRIC COOPERATIVE ASSOCIATION, (hereinafter called the "Seller"). and City of Lubbock (hereinafter called the "Consumer"). a Municipality` ICORPORATION.PARTNERSHIP OR INDIVIDUAL) 1. Service Characteristics. a. Service hereunder shall be alternating current, 3 phase, 'y wire, sixty cycles, 7200 volts. 2. Payment. a. The Consumer shall pay the Seller for service hereunder at the rates and upon the terms and con- i ditions set forth in Schedule LP attached to and made a part of this Agreement. Notwithstanding any provi- sion of the Schedule and irrespective of Consumer's requirements for or use of electric power and energy, the demand for billing purposes hereunder shall be not less than 0 kilowatts for any billing period. In any event the Consumer shall pay to the Seller not less than b 130.00 per month for service or for having service available hereunder during the term hereof. b. Bills for service hereunder shall be paid at the office of the Seller in Muleshoe, Texas. If the Con- sumer shall fail to make any such payment within twenty days after the bili is mailed to the Consumer, the Seller may discontinue service to the Consumer upon giving five. (5) days' written notice to the Consumer of its inten- tion so to do, provided, however, that such discontinuance of service shall not relieve the Consumer of any of its obligations under this Agreement. c. The Consumer agrees that if, at any time, the rate under which the Seller purchases electric service at wholesale is modified, the Seller may make a corresponding modification in the rate for service hereunder. 3. Membership. The Consumer shall become a member of the Seller, shall pay the membership fee and be bound by such rules and regulations as may from time to time be adopted by the Seller. 4. Right of Access. Duly authorized representatives of the Seller shall be permitted to enter the Consumer's premises at all reasonable times in order to carry out the provisions hereof. 5. Term. r -This Agreement shall become effective on the date first above written and shall remain in effect until I month__VXXKfollowing the start of the Initial billing period and thereafter until terminated by either party giving to the other 1 months' notice in writing. 6. Succession and Approval. a. This Agreement shall be binding upon and Inure to the benefit of the successors, legal representa- tives and assigns of the respective parties hereto. b. If the maximum amount of power to be delivered hereunder is greater than 350 kilowatts, this contract shall not be effective unless approved in writing by the Administrator of the Rural Electrification Administration. IN WITNESS WHEREOF, the parties hereto have executed this Agreement all as of the day and year first above written. ATTEST: ?; ,'`" �- " BAILEY COUNTY ELECTRIC COOPERATIVE ASSN. tl l _. SELLER } By -" -SECRETARY--PRESIDENT •• *-. - ...: _.. :.. ... ...., .. ...,_ _. ,. , t, 7u W•1�:. Y,,?�la l i.i;vj 5 t, t's�:r Y.• ,'':t1� '';y �,t/s" 1 - CONSUMER _t vI if P, 1':.i4 .. 1. .:. '-i. Y4.\ 9�1 By ATTEST: SECRETARY TI E OF OFFICER* V, An Rov a Co to t, ' * p P power .. ,.. _ Y. accompany contract. !!4�. If other. an resident, vice-president, partner or owner, a of attorney must c ak Adopted: June 25, 1976 - }:• Revised: August 23, 1976 Revised: May 19, 1980 , .,., ... 7 Special Provisions. a. This service -will be metered with primary metering equipment (one meterj. -The Consumer will furnish all equipment aid material on the Consumer side of the meter. The Consumer will also be responsible for all maintenance on "the Consumer side of the meter: The Seller will provide and maintain any and all equipment for metering purposes. b.This agreement will cover all existing wells served by this meter and this -meter only, (which includes'well,Nos. 257, 2581 259, 26o, 261, 262, 263, and 264 at the pr6sent), and any new wells that could be conveniently added to the existing line or -those that could be added as a result of a new line extension from the existing line. C. The Seller agrees to provide labor to construct any new line extension at a cost to the Consumer that is estimated by the Engineering Department of the -Seller and agreed upon by the Consumer. ...This estimated cost of construction will be,collected.prior to construction:as approved by the Consumer. The Consumer will provide all material and delivery of material to the construc— tion site or a mutually agreed upon site. The construction performed by the Seller will conform to specifications provided by the Consumer. d. The Consumer retains the right to construct any new line extension themselves. Res. 2794 �— no.- 256 r'MgKT FOR ELECTRIC SERVICE 19 86 , between BAILEY COUNTY ELECTRIC AGREEMEO'"" -ailed the "S61ter"), and -�___YDpERATIVE ASSC/," y d - (hereinafter called the "Consumer") �// cit- Muni .�� ✓�' y�� a �,• icorrs•'�" r 1. Service ;t�,09( „pt ✓e owe'ating current, 3 phase, 4 wire, sixty a. Service. 480 *y t. payment. tx,, Soler for servlce hereunder at the rates and upon the terms and con- ��,✓ ~�','tj44 to and ma4e a part of this Agreement. Notwithstanding any provi- a. The C*' «,s/�umer's rerfulrements for or use of electricower and energy, the smm set forth inop /�sif not fess than 0 P 9Y. a! the Schedule 4o' *of kilowatts for any billing period. In any nd for billing P'�'�� p� +141�mshereo �'—than 37� 00 per month for service or for trr Consumer sr,*' %*"Ice availabtAI '�'''" �f,,}vr sij�'l be paid n the office of the Seller in Muleshoe, Texas. If the Con- i�r ' .�/,tttin twenty clays after the bill Is mailed to the Consumer, the Seller e. tilts II/ r✓� ;,*/411 , ,n giving fjye ' �'•s last to MW4 p°'� ,;�, "'4110 w (5) days written notice to the Consumer of its inten- �rue ,,,.--A �� ,,. r e 4#' 4,,h eiscontinuarte of service shall not relieve the Consumer of any of its -4" the too`,, any time, the ff, � rate under which the Seller purchases electric service corres + potvding modification in the rate for service hereunder. ,F "M a«,,,,,,1' n rri,rmber of tlI* Seller, shall pay the membership fee and be bound by ii 0., lr , `,,,, t„ time be acnpted by the Seller. 1,1 the Seller shall be permitted to enter the Consumer's premises at t taw•y uut ,if, provisions htreof, 4* 1 11nme of I„c1ive on tht date first above written and shall remain in effect until *' ' "t of th,. initial billilrq period and thereafter until terminated by either party months' notice it writing. 6. Succession and Approval. a. This Agreement shall be binding upon and inure to the benefit of the successors, legal representa- ,es and assigns of the respective parties hereto. b. If the maximum amount of power to be delivered hereunder is greater than 350 kilowatts, this contract shall not be effective unless approved in writing by the Administrator of the Rural Electrification Administration. IN WITNESS WHEREOF, the parties hereto have executed this Agreement all as of the day and year first above written. ATTEST: SECRETARY ATTEST: SECRETARY BAILEY COUNTY ELECTRIC COOPERATIVE ASSN. SELLER By PRESIDENT X G t �" o �' j3 bG fi�_ zS'- ` CONSUMER By TITLE OF FFICER*'' ,. *.If other than president, vice-president, partner or owner, Wer of at o ney must accompany contrr)a�c , • ADProved as to fc - Adopted: June 25, 1976 Revised: August 23, 1976 `^�"►�J - Revised: May 19, 1980 'SRO A5 T CONTE NT: Res. 2794 well nos. - •, J'258,259,260,26i,262,263,264 These we!, I.., I,,, • metered with primary metering equipment (one meter) . AGREEMENT FOR ELECTRIC SERVICE AG" , M1,IT made 4-14 .19 _86_, between BAILEY COUNTY ELECTRIC COOPERATIVE A�;c ly�IATION, (hereinafter called the "Seller"). and _ City of f,u I • `ock (hereinafter called the "Consumer"). a _ NuxiJ.l►�-baity 1410111'SRATION. PARTNERSHIP OR INDIVIDUAL) 1. Servian t;J iracteristics. cycles, --480 ervI,.o IOreunder shall be alternating current, 3 phase, 4' wire, sixty .volts. 2. Paymtuu. a. Thea Cur r dltlons set forth !,imer shall pay the Seller for service hereunder at the rates and upon the terms arty con - in of the Schede r`'14ule Lt' attached to and made a part of this Agreement. Notwithstanding any provi- domand for bilk "A irrespective of Consumer's requirements for or use of electric power and energy, the u11'Nhses hereunder shall be not less than 0 kilowatts for an billing ovont the Consumer Y g period. Jn any Navin �it'111 pa to the Seller not less than 130-00 g service availsbla Iltireunder during the term hereoff. per month for service ar for b. ills tj "I'ller shall fail t m,11, 411hrice hereunder shall be paid at the office of the Seller in Muleshoe, Texas. If the Con - discontinue servtc 11 any sucf9 payment within twenty days after the bill is mailed to the Consumer, the Seller %0 to do, prosery t fO the C.wlsumer upon giving five (5) days' written notice to the Consumer of itsfnten- fd,iiqations under thi= "it few M, that such discontinuance of service shall not relieve the Consumer of anyof its "1111I0sale is Trnom we Qi n Iittior &V404 that if, at any time, the rate under which the Seller purchases electric service the S*IW AI+Y make a corresponding modification in the rate for service hereunder - Member a s member of the Seller, shall pay the membership fee and be bound by "* to time be adopted by the Seiler. al the Seller shall be permitted to enter the Consumer's premises at aovisions hereof. " 1�n the date first above written and shall remain in effete until w ». "Ifing period and thereafter until terminated by eitherparty "" In writing. 6. Succession and Approval. a. This Agreement shall be binding upon and inure to the benefit of the successors, legal representa- tives and assigns of the respective parties hereto. b. If the maximum amount of power to be delivered hereunder is greater than 350 kilowatts, this contract shall not be effective unless approved in writing by the Administrator of the Rural Electrification Administration. IN WITNESS WHEREOF, the parties hereto have executed this Agreement all as of the day and year first above written. ATTEST: SECRETARY ATTEST: SECRETARY BAILEY COUNTY ELECTRIC COOPERATIVE ASSN. SELLER By PRESIDENT CONSUMER, J� By ITLE OF OFFICER• ,�qq.. >PrQo Jed * If other than president, vice-president, partner or owner, a power of attorney mu�tr ompany contract. Adopted: June 25, 1976 Approved asto Revised: August 23, 1976 Revised: May 19, 1980 Assistant City Attamey A" MAS T. C EN : Resolution #2794 BAILEY COUNTY ELECTRIC COOPERATIVE ASSOCIATION Contract for Construction This contract made and entered into on the 4 th __ day of ... �W-H __'__-___, 19_88 _, by and between BAILEY COUNTY ELECTRIC COOPERATIVE ASSOCIATION, hereinafter referred to as Contractor, and THE CITY OF LUBBOCK, a Municipality, hereinafter referred to as Owner. Whereas, the Owner is desirous of building, erecting, and constructing certain improvements, to -wit: Electrical lines and other electrical construction to provide electrical service for the pumping of water for Municipal purposes on land located on the City of Lubbock's water rights located in Bailey County, and whereas, such electrical lines and other electrical ser- vice are to be built, erected, and constructed by the Cooperative, as the Contractor. The Contractor shall provide all of the labor in the erection and construction of the elec- trical lines under the following provisions: ill The Contractor agrees to provide labor to extend the electrical lines from the end of the Owner's existing line to a point approximately _3.6 mile_, and any primary taps required.to provide service to any pumping stations located within the immediate construction area. (2) The Contractor agrees to construct all electrical lines and other electrical construction in accordance to specifications to be provided by the Owner. (3) The Owner agrees to provide all necessary material and delivery of material to the construction site or to a mutually agreed upon site. All costs associated with material will be provided for by the Owner. (4) The Owner will have the right to inspect the electrical line at any time to insure that the Contractor is conforming to the specifications provided. (5) All construction work will be completed within -30-- working days after the Contractor begins construction. After construction is completed and approved by the Owner, the Owner will take full respons- ibility of -the electrical line and provide for the maintenance of the line. Upon approval and acceptance of the electrical line, the Contractor will be released of any and all lia- bility or responsibility of damages arising from personal injury, death of persons, or costs of necessary repairs to or replacement of electrical equipment. The Contractor shall not be liable in any event for consequential damages. The total estimated costs that the Owner agrees to pay to the Contractor for construction of the electrical lines will not be less than:585_10___________. 50% of the estimated cost of construction listed here shall be collected when the job is determined to be 50% completed, with balance to be collected when job is completed. The Owner will not incur any more charges than those listed above provided that the electrical lines under construction are not altered in any way by the Owner from the design and route of construction previously agreed upon by both the Contractor and the Owner. IN WITNESS WHEREOF, the parties hereto have executed this Agreement all as of the day and year first above written. ATTEST-., '►`'� �� r ; 41 ' Secretary APPROVED AS TO CONTC ff: Contractor: BAILEY COUNTY ELECTRIC.COOPERATIVE ASSN. By--------------------------------- Pres. OWNER: ---- ___Ciity_oof-Lubbock By---S.c__Cfe __'_-------- Title Mayor ------AXmndaswiom,------------------ Resolution #2794 BAILEY COUNTY ELECTRIC COOPERATIVE ASSOCIATION Contract for Construction Thiscontract made and entered into on the____ 4 th _____ day of___NAFCH ----------- 1988 _9 by and between BAILEY COUNTY ELECTRIC COOPERATIVE ASSOCIATION, hereinafter referred to as Contractor, and THE CITY OF LUBBOCK, a Municipality, hereinafter referred to as Owner. Whereas, the Owner is desirous of building, erecting, and constructing certain improvements, to -wit: Electrical lines and other electrical construction to provide electrical service for the pumping of water for Municipal purposes on land located on the City of Lubbock's water- rights aterrights located in Bailey County, and whereas, such electrical lines and other electrical ser- vice are to be built, erected, and constructed by the Cooperative, as the Contractor. The Contractor shall provide all of the labor in the erection and construction of the elec- trical lines under the following provisions: (1) The Contractor agrees to provide labor to extend the electrical lines from g t ine to a point approximately a 3.6_ _viles the end the Owner's existing r , -___-- , and any primary taps required to provide service to any pumping stations located within the immediate construction area.-- - - (2) The Contractor agrees to construct all electrical lines and other electrical construction in accordance to specifications to be provided by the Owner. (3) The Owner agrees to provide all necessary material and delivery of material to the construction site or to a mutually agreed upon site. All costs associated with material will be provided for by the Owner. (4) The Owner will have the right to inspect the electrical line at any time to insure that the Contractor is conforming to the specifications provided. (5) All construction work will be completed within -30-- working days after the Contractor begins construction. After construction is completed and approved by the Owner, the Owner will take full respons- ibility of.the _electrical line and provide for the maintenance of the line. Upon approval and acceptance of the electrical line, the Contractor will be released of any and all lia- bility or responsibility of damages arising from personal injury, death of persons, or costs of necessary repairs to or replacement of electrical equipment. The Contractor shall not be liable in any event for consequential damages. The total estimated costs that the Owner agrees to pay to the Contractor for construction of the electrical lines will not be less than: __$__20j 585_ 10______-_-__, 50% of the estimated cost of construction listed here shall be collected when the job is determined to be 50% completed, with balance to be collected when job is completed. The Owner will not incur any more charges than those listed above provided that the electrical lines under construction are not altered in any way by the Owner from the design and route of construction previously agreed upon by both the Contractor and the Owner. IN WITNESS WHEREOF, the parties hereto have executed this Agreement all as of the day and year first above written. ATTEST: Secretary APPROVED AS TO CONTENT: Contractor: BAILEY COUNTY ELECTRIC COOPERATIVE ASSN. By off. _-____---Pres. OWNER:City-of-Lubbock ----�--------------------------- By- '--=-ft^r-------- Title Mayor ---------------------------------- AMMVW as to form: THE STATE OF TEXAS I COUNTY OF BAILEY I BEFORE ME, the undersigned, a Notary Public in and for said County end State, on this day personally appeared known to me to be the person end officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the Bailey County Electric Cooperative Association, a corporation, end that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , A.0.198_. Notary Public in and for Bailey County, Texas My Commission Expires: THE STAiEOFTEXAS I COUNTY 0 F I BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared , known to me to be the person whose name is subscribed to the forego- ing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , A.D. 198_. Notary Public in and for County, Texas My Commission Expires:_