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HomeMy WebLinkAbout830560.tiff RESOLUTION RE: APPROVAL OF AGREEMENT WITH UNION RURAL ELECTRIC ASSOCIATION, INC. FOR ELECTRIC SERVICE TO DACONO GRADER SHED AND AUTHORI- ZATION FOR CHAIRMAN TO SIGN WHEREAS , the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS , Weld County is in need of electric power and energy at the Dacono Grader Shed, being more particularly described as Section 1 , Township 1 North, Range 68 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, an agreement with Union Rural Electric Association, Inc. to install overhead electric distribution facilities to pro- vide electric service for the Dacono Grader Shed has been presented to the Board, a copy of said agreement being attached hereto and incorporated herein by reference, and WHEREAS , the Board of County Commissioners, having studied the agreement, deems it advisable and in the best interests of Weld County to approve said agreement. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the agreement with Union Rural Electric Association, Inc . to install overhead elec- tric distribution facilities to provide electric service for the Dacono Grader Shed on the above described parcel, be , and hereby is approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 10th day of August, A.D. , 1983 . BOARD OF COUNTY COMMISSIONERS ATTEST: WEL CO TY, CO DO - Weld County Clerk and Recorder and Clerk to the Boar C ck Carlso , Chairman teuuty County rc J63hn T. Marro, Pro-Tem APPROVED /AS TC) FORM: EXCUSED Gene R. Brantner County Attorney Norman Carlson 830560 E66 /7 EXCUSED nav FTT.F. Allanst 15 . 1983 Jacqueline Johnson Work Order No. 8301-36 AGREEMENT FOR INDETERMINATE SERVICE PLAN LINE EXTENSION THIS AGREEMENT, made by and between UNION RURAL ELECTRIC ASSOCIATION, INC. , a Colorado corporation (hereinafter called the "Association") and Weld County Commissioners , a Body Politic (hereinafter called "Applicant") . (Individual , Partnership, Corporation or Body Politic) WITNESSETH: WHEREAS, The Applicant has requested the Association to install overhead electric distribution facilities to provide electric service for the applicant's Dacono Grader Shed (hereinafter called the "Project") , located in the Section I Township IN Range 68W of the 6th P.M. , and WHEREAS, the Association is willing to provide said facilities in accordance with its Service Connection and Line Extension policies for "INDETERMINATE SERVICE PLAN" on file with the Public Utilities Commission of the State of Colorado; NOW, THEREFORE, for and in consideration of the mutual convenants and agreements herein- after contained, the parties hereby agree as follows: 1 . Except as otherwise provided herein; the Association shall install , own, operate, and maintain an overhead line extension to provide single phase, three wire, sixty cycle, 240 volt service for the project. 2. The terms of this Agreement shall apply only to the line extension and those facilities necessary to provide service to the Project as indicated on the plat attached hereto and made a part hereof as "EXHIBIT A". 3. The Applicant shall provide the Association with an accurate copy of the final plat of the Project and such other information as the Association may reasonably request. 4. The Applicant hereby grants to the Association the right to enter upon the land of the Applicant described herein to construct, operate and maintain the electric distribution facilities, together with full right of ingress and egress. 5. The electric distribution facilities described herein will be required by the Applicant within 120 days. The Association shall use reasonable diligence to provide said facilities within that period of time. If said facilities can- not be installed because of Act of God, Governmental authority, action of the elements, accident, strikes, labor trouble, inability to secure materials or equipment, or any cause beyond the reasonable control of the Association, the Association shall not be liable therefore or for damages caused thereby. 6. The Association shall -perform all right-of-way clearing required for the construction of the facilities described herein in accordance with the Association's specifications. 7. The Association shall perform all trenching and backfilling, including any rock removal and backhoe work, in accordance with the Association's specifications. 8. The Applicant shall establish and stake all easements or rights-of-way on land owned by applicant for installation of the Association's facilities. The Appli- cant shall assume all responsibility for proper location thereof and shall re- imburse the Association for any expense due to subsequent changes and for any damage claims against the Association, including full reimbursement for damages established and expenses incurred in regard thereto, including reasonable attorney's fees and court costs . 9. The Association shall install the facilities described herein, in accordance with good engineering practice after the Applicant has established right-of- way, cut easements to final grade and prior to the paving of any streets and the construction of any curbs and gutters. The Applicant shall reimburse the Association for any expense due to subsequent changes by the Applicant. Agreement for Indeterminate Service Plan Line Extension Page 2 10. The Applicant shall be responsible for coordinating all construction activities within the Project, including but not limited to the installation of utilities. The Applicant shall reimburse the Association for any expenses incurred by the Association to repair damages to its facilities caused by the Applicant or other parties during the construction period. 11 . The Association hereby acknowledges receipt of a construction deposit in the amount of $ 175.00 from the Applicant; said deposit being equal to the estimated total cost of the line extension. Upon completion of the construc- tion of the line extension, the construction deposit shall be adjusted to reflect the actual cost of said line extension as entered into the books of the Associa- tion. If the actual cost is less than the construction deposit provided by the Applicant, the Association shall promptly refund the difference to the Applicant. If the actual cost is greater than the construction deposit provided by the Applicant, the Applicant agrees to pay the difference to the Association within thirty (30) days following written notice. 12. The construction deposit advanced by the Applicant hereunder shall be subject to refund by the Association only if the nature of the Applicant's electric service changes from indeterminate service to permanent service. In. such an event, the Association's Permanent Service Plan line extension policy shall apply and said construction deposit shall be refunded, without interest, to the extent permitted by that policy. The right to a refund shall cease at the end of the five (5) year period immediately following completion of the construction of the extension or upon the bankruptcy of the Applicant, whichever occurs earlier. 13. The Applicant may terminate this agreement at any time prior to or during the actual construction of electric facilities described herein by the Association. In such an event, a portion or all of the consideration paid by the Applicant in advance to the Association hereunder shall be used to reimburse and pay the Association for all expenses or liabilities which may theretofore have been incurred by the Association for engineering, for materials and equipment purchased or ordered, prior to the date of termination; with the balance of the construction deposit, if any, to be refunded to the Applicant. If the actual cost to the Association proves to have been greater than the construction deposit, the Applicant shall pay the difference to the Association within thirty (30) days following written notice of such excess amount. 14. Electric service shall be provided to customers located within the Project at the Association's applicable rates and upon the terms and conditions now in effect or at the rates and under the terms and conditions as may hereafter be adopted by the Association and approved by the Public Utilities Commission of the State of Colorado. 15. This agreement shall be binding upon and inure to the benefit of the successors, legal representatives and assigns of the respective parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be " executed this 2 ' day of � , 19 ('3 . UNION RURAL ELECTRIC ASSOCIATION, INC. ye/. By , -(2/1,i,„-e(2.9: Witness General Manaaer (Title) Weld County Commissioners (Secretary) (Applicant) 2 By �-fz�z (2/7?-2 /i 2.Ze C.-/ _ J (//, (Title of Officer)* Address ` /,� ' „ 7:& tie- � d- /�� 6 - *If other than president, vice-president, partner or owner, a power of attorney rust accompany contract. 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Z a M —� ECM LIED 1 ----- 811* S118n 033,11,438 •I xi l33ld M11M siltin 0)'-1138 '(1:':1 981111x3 QH11+ 583ny4358VM1 (1Mv �M31 in 13S3a O ^vl lSlyl nl Q;100/ Slli+n 8J11��i1SV07 n1J•!.4n 1e,3f4' N Nl," Si1Nn Alel.v335v v0i y'.\803 .y xli3$,.J `r:IM S)V11 • ty "14 SL .,t) .-)10.1 i17, •115.401 1 IY10 ''v7 :,la . �I;wY! .7.4•40 '.� 1ti•� r.li1�) :ily;r 7r. ..'?Vll . .. s' UNION UNION RURAL ELECTRIC ASSOCIATION, INC. 11 P.O. Box 359 1303) 659-0551 o c Brighton, Colorado 80601 ENTERPRISE 222 July 26, 1983 Weld County Commissioners 915 10th Street Greeley, CO 80631 Dear Sirs: Please find enclosed a final , fully executed copy of your Agreement for Indeterminate Service Plan Line Extension for your new service in Section 1, Township 1 North, Range 68 West. We hope to continue a good service relationship with you. Sincerely, UNION RURAL ELECTRIC ASSOCIATION, INC. . , u99Jy Dorthy Rugg es Contract Administrator DR/slt Enclosure • G , ? ri 1953 "A Consumer-Owned Utility Serving Five Front Range Colorado Counties" Hello