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R-06-01-26-10F4 - 1/26/2006RESOLUTION NO. R -06-01-26-10F4 WHEREAS, the City of Round Rock ("City") is planning a project for the construction of the Rock'n River Family Aquatic Center at Old Settlers Park at Palm Valley ("Project"), and WHEREAS, TXU Electric Delivery Company ("TXU") is the only provider of electric service to that portion of the City and the only company allowed to provide, install or relocate the equipment necessary for provision of such electric service, and WHEREAS, in conjunction with the Project, the City wishes to enter into a Facilities Extension Agreement with TXU for the provision of electrical service to the Project, and WHEREAS, the Local Government Code, Section 252.022(a) (7) exempts expenditures for sole source providers from the competitive bidding requirements set forth in Local Government Code, Section 252.021, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Facilities Extension Agreement with TXU Electric Delivery for the provision of electrical services to the Rock'n River Family Aquatic Center at Old Settlers Park at Palm Valley, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of, the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted @PFDesktop\::ODMA/WORLDOX/O:/WDOX/RESOLUTI/R60126F4.WPD/bbw upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 26th day of January, 2006. WELL, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary 2 Tariff for Retail Delivery Service TXU Electric Delivery Company 6.3 Agreements and Forms Applicable: Entire Certified Service Area Effective Date: January 1, 2002 EXHIBIT nAn 6.3.1 Facilities Extension Agreement Project Number 2182254 WR Number 2182254 Region/District East/Round Rock ge 1 of 23 Revision: Original This Agreement is made between City of Round Rock, hereinafter called "Customer" and TXU Electric Delivery Company, a Texas corporation, hereinafter called "Company" for the extension of Company Delivery System facilities, as hereinafter described, to the following location Rock N River Aquatic Center at Old Settlers Park in Round Rock, Texas The Company has received a request for the extension of: (check all that apply) STANDARD DELIVERY SYSTEM FACILITIES TO NON-RESIDENTIAL DEVELOPMENT Company shall extend standard Delivery System facilities necessary to serve Customer's estimated maximum demand requirement of 190 kW ("Contract kW"). The Delivery System facilities installed hereunder will be of the character commonly described as 277/480 volt, three phase, at 60 hertz, with reasonable variation to be allowed. ❑ STANDARD DELIVERY SYSTEM FACILITIES TO RESIDENTIAL DEVELOPMENT Company shall extend standard Delivery System facilities necessary to serve: All -electric residential lot(s)/apartment units, or (Number of lots'units) (Number of lots/unifs) The Delivery System facilities installed hereunder will be of the character commonly described as volt, phase, at 60 hertz, with reasonable variation to be allowed. ❑ NON-STANDARD DELIVERY SYSTEM FACILITIES Company shall extend/install the following non-standard facilities: Electric and gas residential lot(s)/apartment units. ARTICLE I - PAYMENT BY CUSTOMER At the time of acceptance of this Agreement by Customer, Customer will pay to Company fifty seven thousand one hundred three Dollars ($ 57,103.00) as payment for the Customer's portion of the cost of the extension of Company facilities, in accordance with Company's Facilities Extension Policy, such payment to be and remain the property of the Company. ARTICLE 11- NON -UTILIZATION CLAUSE FOR STANDARD DELIVERY SYSTEM FACILITIES This Article 1I applies only to the installation of standard Delivery System facilities. a.The amount of Contribution in Aid of Construction ("CIAC") to be paid by Customer under Article I above is calculated based on the estimated data (Le., Contract kW or number and type of lots/units) supplied by Customer and specified above. Company will conduct a review of the actual Toad or number and type of lots/units at the designated location to determine the accuracy of the estimated data supplied by Customer. If, within two (2) years after Company completes the extension of Delivery System facilities, the estimated load as measured by actual maximum kW billing demand at said location has not materialized or the estimated number and type of dwelling units/lots at said location have not been substantially completed, Company will re- calculate the CIAC based on actual maximum kW billing demand realized or the number and type of substantially completed dwelling units/lots. For purposes of this Agreement, a dwelling unit/lot shall be deemed substantially completed upon the installation of Company's meter. The installation of a Company meter in connection with Temporary Delivery Service does not constitute substantial completion. b.Customer will pay to Company a "non -utilization charge" in an amount equal to the difference between the re -calculated CIAC amount and the amount paid by Customer under Article I, above. Company's invoice to Customer for such "non -utilization charge" is due and payable within fifteen (15) days after the date of the invoice. 93 Tariff for Retail Delivery Service TXU Electric Delivery Company 6.3 Agreements and Forms Applicable: Entire Certified Service Area Effective Date: January 1, 2002 Page 2 of 23 Revision: Original ARTICLE HI - TITLE AND OWNERSHIP Company at all times shall have title to and complete ownership and control over the Delivery System facilities extended under this Agreement. ARTICLE IV - GENERAL CONDITIONS Delivery service is not provided under this Agreement. However, Customer understands that, as a result of the installation provided for in this Agreement, the Delivery of Electric Power and Energy by Company to the specified location will be provided in accordance with Rate Schedule 6.1.1.3 Secondary Service Greater Than 10 kW which may from time to time be amended or succeeded. This Agreement supersedes all previous agreements or representations, either written or oral, between Company and Customer made with respect to the matters herein contained, and when duly executed constitutes the agreement between the parties hereto and is not binding upon Company unless and until signed by one of its duly authorized representatives. ARTICLE V - OTHER SPECIAL CONDITIONS The (City of Round Rock) agrees that the payment indicated in ARTICLE I of this Agreement shall be made within 30 days of the date the project is completed or the date the invoice is received, whichever is later. ACCEPTED BY CpNI'ANY/ Signature 00 ��►►, Sr. Project Manaaer Title )o -2 -O5 ACCEPTED BY CUSTOMER: Signature Title Date Signed Date Signed 94 DATE: January 19, 2006 SUBJECT: City Council Meeting - January 26, 2006 ITEM: *10.F.4. Consider a resolution authorizing the Mayor to execute a Facilities Extension Agreement with TXU Electric Delivery for electrical services to the Rock 'n River Family Aquatic Center at Old Settlers Park at Palm Valley. Department: Engineering and Development Services Staff Person: Tom Word, Chief of Public Works Operations Justification: TXU will extend service from Kiphen Road (CR 113) south through Old Settlers Park to the Aquatic Center that is under construction. This will provide three phase permanent electricity that will be needed for the project. Funding: Cost: $57,103.00 Source of funds: General Capital Improvement Funds- GO Funds Outside Resources: TXU Electric Delivery Company Background Information: N/A Public Comment: N/A Tariff for Retail Delivery Service TXU Electric Delivery Company 6.3 Agreements and Forms Applicable: Entire Certified Service Area Effective Date: January 1, 2002 6.3.1 Facilities Extension Agreement Project Number 2182254 WR Number 2182254 Region/District East/Round Rock Page 1 of 23 Revision: Original This Agreement is made between City of Round Rock, hereinafter called "Customer" and TXU Electric Delivery Company, a Texas corporation, hereinafter called "Company" for the extension of Company Delivery System facilities, as hereinafter described, to the following location Rock N River Aquatic Center at Old Settlers Park in Round Rock, Texas The Company has received a request for the extension of: (check all that apply) LISTANDARD DELIVERY SYSTEM FACILITIES TO NON-RESIDENTIAL DEVELOPMENT Company shall extend standard Delivery System facilities necessary to serve Customer's estimated maximum demand requirement of 190 kW ("Contract kW"). The Delivery System facilities installed hereunder will be of the character commonly described as 277/480 volt, three phase, at 60 hertz, with reasonable variation to be allowed. ❑ STANDARD DELIVERY SYSTEM FACILITIES TO RESIDENTIAL DEVELOPMENT Company shall extend standard Delivery System facilities necessary to serve: All -electric residential lot(s)/apartment units, or (Number of lotsfunits) (Number of lots/units) The Delivery System facilities installed hereunder will be of the character commonly described as volt, phase, at 60 hertz, with reasonable variation to be allowed. ❑ NON-STANDARD DELIVERY SYSTEM FACILITIES Company shall extend/install the following non-standard facilities: Electric and gas residential lot(s)/apartment units. ARTICLE I - PAYMENT BY CUSTOMER At the time of acceptance of this Agreement by Customer, Customer will pay to Company fifty seven thousand one hundred three Dollars ($ 57,103.00) as payment for the Customer's portion of the cost of the extension of Company facilities, in accordance with Company's Facilities Extension Policy, such payment to be and remain the property of the Company. ARTICLE II - NON -UTILIZATION CLAUSE FOR STANDARD DELIVERY SYSTEM FACILITIES This Article II applies only to the installation of standard Delivery System facilities. a.The amount of Contribution in Aid of Construction ("CIAC") to be paid by Customer under Article I above is calculated based on the estimated data (Le., Contract kW or number and type of lots/units) supplied by Customer and specified above. Company will conduct a review of the actual load or number and type of lots/units at the designated location to determine the accuracy of the estimated data supplied by Customer. If, within two (2) years after Company completes the extension of Delivery System facilities, the estimated load as measured by actual maximum kW billing demand at said location has not materialized or the estimated number and type of dwelling units/lots at said location have not been substantially completed, Company will re- calculate the CIAC based on actual maximum kW billing demand realized or the number and type of substantially completed dwelling units/lots. For purposes of this Agreement, a dwelling unit/lot shall be deemed substantially completed upon the installation of Company's meter. The installation of a Company meter in connection with Temporary Delivery Service does not constitute substantial completion. b.Customer will pay to Company a "non -utilization charge" in an amount equal to the difference between the re -calculated CIAC amount and the amount paid by Customer under Article I, above. Company's invoice to Customer for such "non -utilization charge" is due and payable within fifteen (15) days after the date of the invoice. ©co -©1 -2(p -/0F4 93 Tariff for Retail Delivery Service TXU Electric Delivery Company 6.3 Agreements and Forms Applicable: Entire Certified Service Area Effective Date: January 1, 2002 Page 2 of 23 Revision: Original ARTICLE III - TITLE AND OWNERSHIP Company at all times shall have title to and complete ownership and control over the Delivery System facilities extended under this Agreement. ARTICLE IV - GENERAL CONDITIONS Delivery service is not provided under this Agreement. However, Customer understands that, as a result of the installation provided for in this Agreement, the Delivery of Electric Power and Energy by Company to the specified location will be provided in accordance with Rate Schedule 6.1.1.3 Secondary Service Greater Than 10 kW which may from time to time be amended or succeeded. This Agreement supersedes all previous agreements or representations, either written or oral, between Company and Customer made with respect to the matters herein contained, and when duly executed constitutes the agreement between the parties hereto and is not binding upon Company unless and until signed by one of its duly authorized representatives. ARTICLE V - OTHER SPECIAL CONDITIONS The (City of Round Rock) agrees that the payment indicated in ARTICLE I of this Agreement shall be made within 30 days of the date the project is completed or the date the invoice is received, whichever is later. ACCEPTED BY C ANY: 0 Signature Sr. Project Manager Title J o--Z5-O5 Date Signed Date Signed yQ Title J- o �0(o 94