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 ` /,� ' „
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*If other than president, vice-president, partner or owner, a power of attorney
rust accompany contract.
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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"
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