HomeMy WebLinkAbout7889RESOLUTION NO. 7889
A RESOLUTION APPROVING AN ELECTRIC
DISTRIBUTION LINE EXTENSION AGREEMENT WITH
WEST PLAINS ENERGY CONCERNING THE HISTORIC
ARKANSAS RIVERWALK PROJECT AND AUTHORIZING PAYMENT
THEREFOR OUT OF THE PROCEEDS OF THE HARP BONDS
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
SECTION 1:
An Electric Distribution Line Extension Agreement dated May 21, 1996, and attached
hereto, by and between the City of Pueblo, a Municipal Corporation, and West Plains Energy,
having been approved as to form by the City Attorney, is hereby approved.
SECTION 2:
The President of the Council is hereby authorized and directed to execute said Agreement
for and on behalf of the City, and the City Clerk is hereby directed to attest the same and affix
the seal of the City thereto.
SECTION 3:
Funds to be paid to West Plains Energy per the terms of this agreement shall be paid from
the proceeds of the HARP Bonds, Account No. 037 - 1996- 100 - 000 - 040 -5005.
INTRODUCED jj -lne 1 o , 1996
BY: Al Gurule
Councilperson
APPROVED.
P re ent of the ouncil
ATTEST:
City Clerk
................
WESTPLAINS ENERGY
..........
P.O. Box 75
...... Pueblo, CO 81002 -0075
ELECTRIC DISTRIBUTION
LINE EXTENSION AGREEMENT
P -599
Ext. No.
56357
W.O. / J.O. No.
THIS AGREEMENT, made this 7th day of June , 19 96 , by and between WestPlains Energy,
a division of UtiliCorp United, A Delaware Corporation (WestPlains), hereinafter referred to as "Company" and
City of Pueblo a * Municipal Government
WHEREAS, Company is a public utility supplying electric energy and electric service to various areas in the State of
Colorado, and
WHEREAS, applicant has requested Company to construct and install the necessary electric distribution facilities
to provide ** Permanent Underground service to serve the Historic Arkansas
River Project ( See Attached Letter)
in
Pueblo
Colorado.
WHEREAS, Company's Service Connection and Distribution Line Extension Policy requires a Construction Payment for
the installation of said facilities.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, it is mutually agreed as
follows:
1) Company agrees to construct with reasonable promptness, the electric distribution facilities for which the Applicant has
made a Construction Payment, (including/excluding Service Laterals), and to notify Applicant when construction is completed
and service is available (the Extension Completion Date), Company will coordinate its construction with
construction of the HARP project.
2) Applicant agrees, upon execution of this Agreement, to advance to Company a Construction Payment in the amount of
$269,000.00 for removal of the 69KV line and will pay every 6 months for all work
completed and billed for this project until project is compl (Estimated 2 —yr. project)
Estimated cost after advance $301,623.00. Total payments and advance $570,623.00.
3) Company agrees that said Construction Payment may be refundable in part or in its entirety during a five (5) year period
commencing with the Extension Completion Date. Any refunds will be made in accordance with the terms and conditions of
the Company's Service Connection and Distribution Line Extension Policy. In no event will the refund exceed the Construction
Payment nor will any refunds be made after five (5) years from the Extension Completion Date, as determined from the
Company's records.
4) In the event Applicant should require additional electric distribution facilities other than for which the Construction
Payment has been made hereunder, such facilities shall be provided by separate agreements.
5) Applicant agrees to execute the Company's standard right -of -way agreements granting free of charge to the
Company, such rights -of -way as may be required, and recognizes this Agreement is contingent upon Company obtaining
and other rights -of -way from other parties if required.
IT IS MUTUALLY AGREED that the application and interpretation of this Agreement, including the definitions of terms
used herein, shall be in accordance with Company's Electric Service Rules and Regulations, including Company's Service
Connection and Distribution Line Extension Policy, on file and in effect from time to time with The Public Utilities
Commission of the State of Colorado and that said Rules and Regulations, constitute a part of this Agreement and are
binding on the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written.
WestP ains Energy, a divi ' n UtiliCorp United
a
By f .
President & Gene al Manger
* Specify Corporation, partnership, individual or individual
doing business as ...
* *Specify Permanent, Indeterminate, or Temporary.
APPLICANT
Name /Firm
By Fay B. astelic President of the Council
(Type or print name and title of signer)
Mailing Address
P.O. Box 1427
Pueblo, CO 81002
Form 607 REV. 4/92