Loading...
HomeMy WebLinkAbout010 - 02/08/1973 - APPROVING AN AGREEMENT WITH THE STATE BOARD OF AGRICULTURE FOR THE FURNISHING OF ELECTRICAL SERVICE I ORDINANCE NO 10 1973 BEING AN ORDINANCE APPROVING AN AGREHAENT WITH THE STATE BOARD OF AGRICULTURE FOR THE FURNISHING OF ELECTRICAL SERVICE TO COLORADO STATE UNIVERSITY WHEREAS the City has in the past, served Colorado State University with electrical service and WHEREAS, the former agreement between the City and the State Board of Agriculture has been cancelled and is no longer in effect and WHEREAS an agreement has been negotiated for the service of elec trical service to Colorado State University, a copy of which agreement is attached hereto and by this reference made a part hereof and WHEREAS the City Council has reviewed said agreement and desires to approve the same and authorize its execution NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS Section 1 The attached agreement between the City of Fort Collins and the State Board of Agriculture, providing for the furnishing of electrical service by the City to Colorado State University is hereby approved Section 2 The Mayor and City Clerk are hereby authorized and directed to execute said agreement for and on behalf of the City of Fort Collins Introduced considered favorably on first reading and ordered published this 18th day of January, A D 1973, and to be presented for final passage on the 8th day of February, A D 1973 ATTEST 16ayor i City-Clerk A D 1973 Passed and adopted on final reading this 8th day of February, ATTEST dyor City Clerk AGREEMENT MEMORANDUM OF AGREEMENT made and entered into this 18th day of January A D 1973 by and between the City of Fort Collins Colorado a municipal corporation hereinafter referred to as the City party of the first part and the State Board of Agriculture of the State of Colorado hereinafter referred to as the BoarU , party of the second part WITNESSETH WHEREAS the parties heretofore on December 15 1966 entered into a Power Agreement and it is mutually desired that the agreement be cancelled as of the effective date of the within agreement and be superseded hereby NOW THEREFORE in consideration of the mutual covenants promises and agreements herein set forth the City does hereby agree to sell to the Board and the Board does hereby agree to buy from the City electrical energy required by Colorado State University for the period beginning with the effective date of the within agreement until June 30 1974 and there- after from year to year unless notice of termination is given by either party to the other party one (1 ) year prior to June 30 of the termination year The City shall give notice to the Board of contemplated changes in electric rates along with estimates for budgetary planning purposes not less than one (1 ) year in advance of the effective date of such contemplated rate change which must be the same date as the expiration date of the contract 1 The effective date of the within agreement shall be the April 1973 meter redding date for the preceding thirty-day consumption 2 The City shall supply and sell to the Board and the Board shall take and purchase from the City during the term of this agreement electrical energy at 13 800 volts provided the Board shall give the L,ty reasonable notice of contemplated increases in demand The Board hereby agrees to provide necessary rights of way to the points of delivery for the equipment may be removed by the City upon the termination of this agreement 3 For service at 13 800 volts all metering of electrical energy supplied to Colorado State University by the City i� a be made at delivery points as follows A In the vicinity of Pitkin and Shields Intersection B In the vicinity of Lake and Mason Intersection C Other points as may be mutually agreed upon The metering of such electrical energy as will be used by Colorado State University will be carried out by three poly-phase watthour meters with demand registers and pulse initiators The meters shall be totalized by a totalizing relay and its pulse receiving meters The meters totalizing relay and pulse receiver shall be furnished owned and maintained by the City and all other necessary current transformers and potential transformers and associated devices shall be furnished and owned by the Board In this regard the City agrees to furnish to the Board the current transformers and potential transformers as are presently in use and the Board agrees to furnish to the City the totalizer and meters presently in use The Board agrees to install the meters and totalizer apparatus in a location and manner agreeable to the City and the Board The rate will be based on Schedule 5 of Ordinance No 60 1972 hereinafter referred to for charges per kilowatt hour of energy delivered to the distribution system of Colorado State University For billing purposes the metered demand shall be on a coincidental basis as indicated by the totalizing demand meter apparatus 4 For electrical service at voltages other than 13 800 volts and at delivery points other than those specified for 13 800 volt service the City shall bill the Board at applicable City rates in accordance with schedules adopted by the City for like service furnished to other customers 5 City shall bill the Board for electrical energy furnished hereunder in accordance with approved schedules as set out in Ordinance No 60 1972 a copy of which is attached hereto and made a part hereof by reference thereto Itemized bills for electrical energy furnished hereunder shall be rendered monthly by the City to the Board and paid by the Board on or before ten (10) days after date of bill 6 The City shall not be liable for any failure default or delay caused by strikes acts of God unavoidable accidents or contingencie of any nature whatsoever beyond its control It is agreed that all power after delivery at the Board s property lines and all equipment within the boundaries of the Board's property excepting necessary metering equipment is under the control of the Board and the City shall not be liable for any -2- damage to persons or property occurring within the Board s property in connection with power furnished under this agreement provided however that nothing herein contained shall be construed as relieving or releasing either party from the consequences of its own negligence or the negligence of any of its officers agents or employees and, provided further that each of the parties hereto shall be solely responsible insofar as provided by law for damage to property or injury to person or persons wherever occurring due solely to any defects in equipment installed furnished or maintained by such party 7 Except as hereinabove provided it is mutually understood and agreed that the distribution system step-down transformers and protective breakers located beyond the points of delivery shall be the property of and maintained by the Board and that the meters and totalizing apparatus shall be the property of and maintained by the City Provided however that property now owned by City shall remain the property of the City 8 In the event any emergency arises due to a failure in any part of the electrical distribution system of the Colorado State University the City shall provide and assi t in arranging temporary service facilities at the expense of the Board 9 The City having constructed 13 800 volt and 4 160 volt circuits on its poles through University areas along Pitkin Street along Lake Street to the College Substation and on Western Union Poles in the Colorado and Southern Right of Way on Mason Street and the Board and the City desiring to have these lines placed underground agree to cooperate and coordinate future planning and construction toward this end 10 This contract shall not be deemed valid until it shall have been approved by the controller or such assistant as he may designate 11 Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated budgeted and otherwise made available IN WITNESS WHEREOF the City has caused its corporate name to be hereunto subscribed by its Mayor, attested with its corporate seal by its City Clerk, pursuant to Ordinance of the City Council duly adopted on January 18 1973 and the Board has caused its corporate name to be hereunto subscribed by its officials duly authorized attested by its -3- r Secretary and its corporate seal to be hereunto affixed, pursuant to Resolution duly passed and adopted on 1973 I the day and year first above written CITY OF FORT COLLINS COLORADO STATE BOARD OF AGRICULTURE OF THE A Municipal Corporation STATE OF COLORADO By By Mayor President ATTEST ATTEST City Clerk Secretary APPROVAL Director, Division of Purchasing State Controller APPROVED AS TO FORM Attorney General Governor State of Colorado -4- SCHEDULE NO 5 INDUSTRIAL POWER Applicability Applicable in corporate limits of Fort Collins and suburban fringe Availability i This rate is intended to be available at the voltage of the City's primary electric system at 13 800 volts for three-phase industrial power and combined lighting and power Rate The first 50 kwh used per month per kw of billing demand but not less than 6 250 kwh per kwh @ $0 04 The next 25 kwh used per month per kw of billing demand but not less than 3 125 kwh per kwh @ 01 The next 400 000 kwh used per month, per kwh @ 008 Excess kwh @ 0068 Minimum The minimum charge shall be not less than $500 per month for power service provided that the connected lighting load used does not exceed twenty- five percent of the total connected load and not less than $5 000 per month for combined lighting and power service where the connected lighting loan ex- ceeds twenty-five percent Payment The foregoing rate is net Bills for electric service are due and payable within ten (10) days from date of bill Billing Demand The billing demand shall be the highest rate of use in kw during any 15-minute interval of the billing period as determined at the Light and Power Department's option by demand meter or periodic load test adjusted by the power factor adjustment provided that it shall be not less than sixty percent (60-) of the highest billing demand occurring during any of the preceding eleven months Power Factor Adjustment If the power factor during the time the billing demand is established falls below 90 percent lagging adjustment may be made by increasing the measured demand for each month by 1 for each 1� or major fraction thereof by which the power factor during the billing period is less than o0 percent lagging Secondary Service Where service is rendered under this schedule at secondary voltage and the City owns and furnished the transformer and substltion converting to the lower voltage desired by the customer an additional charge shall be made each month of do percent (2 ) of the bill for service If for any reason metering is accomplished at secondary voltage an additional one and one half percent (1 1/2 ) shall be added to the monthly bill A charFe additional to the schedule shall be made each month of two percent (2s) of the bill for service at 2 400 volts or 4 160 volts Contract Period Service under this schedule is available for a minimum period of twelve months and thereafter until terminated by ten (10) days' notice in writing to the City Rules and Regulations Service under this Schedule is subject to provisions of the Electric Service Rules and Regulations of the City, as approved by the City Council