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HomeMy WebLinkAboutRESO 4022• ORIGINAL RESOLUTION NO. 4022 RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO APPROVING AMENDMENT TO POWER CONTRACT WITH THE BUREAU OF RECLAMATION The Council of the City of Palo Alto does RESOLVE as follows: 1. That the contract between the City of Palo Alto and the United States Department of the Interior, Bureau of Reclamation, Federal Contract No. 14 -Of► -200-676A, City of Palo Alto No. 2341, as heretofore amended, is hereby further amended and amplified by the approval of Amendment Number 3 attached hereto. 2. That the Mayor be and she hereby is authorized and directed to execute said document in behalf of the City of Palo Alto, and the City Clerk is authorized and directed to attest her signature. INTRODUCED AND PASSED: August 21, 1967 by unanimous vote. AYES: Arnold, Berwald, Clark, Comstock, Dias, Gallagher, Pearson, Spaeth, Wheatley NOES: None ABSENT: Beahrs, Cooley AP " OVED AS TO FORM: Amendment No. 3 - Contract No. 14-06-200-676A UNITED STATES DEPARTMENT OF THE ANTERIOR BUREAU OF RECLAMATION Central Valley Project, California AMENDMENT TO CONTRACT FOR ELECTRIC SERVICE TO CITY OF PALO ALTO, CALIFORNIA 1. This contract amendment made this day of 19 —, in pursuance of the Act of Congress approved June 17, 1902 (32 Stat. ,,_ 1, and acts amendatory thereof or supplementary thereto; all of which acts are hereinafter called Reclamation Law, between THE UNITED STATES OF AMERICA, hereinafter called the United States, represented by the officer executing this contract amendment, his duly appointed successor, or his duly authorized representative, hereinafter called the Contracting Officer, and the CITY OF PALO ALTO, CALIFORNIA, a municipal corporation, hereinafter called the Contractor, represented by the officer executing this contract amendment, his duly appointed successor, or his duly authorized representative; WITNESSETH: 2. WHEREAS, the United States operates an electric power system .including generation and transmission facilities as a part of the Central Valley Project and the Contractor operates an electric power distribution • system serving the City of Palo Alto, California, hereinafter referred to as Contractor's System; and • • 3. WHEREAS, the United States has been furnishing electric service to the Contractor under the provisions of Contract No. 14-06-200-676A dated December 4, 1963, as amended; and 4. WHEREAS, the Contractor desires increased amounts of electric service and the United States is frilling to furnish additional service under the terms and conditions stated herein; and 5. WHEREAS, the parties hereto desire to further amend Contract No. 14-06-200-676A dated December 4, 1963, as amended, to increase the contract rate of delivery for firm power; NOWTHEREFORE, in consideration of the mutual covenants herein set forth, the parties hereto agree as follows: 6. Article 3, 4, 6, and 7 of the preamble to Contract No. 14-06-200-676A as amended are hereby deleted. 7. Article 9 of Contract No. 14-06.200-676A, as amended, is hereby deleted and in lieu thereof the following is inserted: "(a) The United States shall, srom the date of initial service as hereinafter defined, furnish electric service to the Contractor at an agreed point near the City of Palo Alto, California. Such service shall be at a nominal delivery voltage of 60,000 volts and shall be measured at or near the point of delivery at 60,000 volts. • "(b) Electric power and energy shall be delivered in such amounts as the Contractor may from time to time require up to a maximum rate of delivery, hereinafter called the contract 2. Art. 3, 4, 5, 6, 7 • rate of delivery for firm power, of 100,000 kilowatts. To the extent that power and energy is available, said contract rate of delivery shall be increased from time to time to serve the firm load growth of the Contractor up to the level which the Contractor's firm load reaches in 1980 or until the total firm load of all preference customers reaches a simultaneous demand of 1,050 megawatts. In the event, however, that the power or energy available to serve the total firm load of all preference agencies contracting for power and energy is not sufficient, no further increases in the Contractor's rate of delivery shall be made and if necessary said contract rate of delivery shall be curtailed so as not to exceed a prorate share of the total power and energy that is available. The total power and energy available to serve pre- ference agency firm load shall be the power and energy generated at project generating plants that is not required for project operation or for sale either under Section 4 of the Act of August 12, 1955 (69 Stat. 719), or under that portion of Section 201, Title II of the Act of October 23, 1962, pertaining to the San Joaquin River Basin (76 Stat. 1191-1192) as supplemented by power and energy from such other sources as the United States may in its sole discretion provide. The Contractor's share shall be in the ratio of the Contractor's firm load to the firm load of ail such preference agency customers as of the time of any such curtailment. 3 .Art. 7 • "(c)• If at any time the Contractor gives written notice of its desire to increase its contract rate of delivery to serve its firm load growth up to the level of its 1980 firm load, and the United States does not agree to such increase in writing within ninety (90) days, the Contractor may terminate this con- tract at any time within thirty (30) days after expiration of such ninety (90) -day period. In the event the United States must curtail an agreed -upon contract rate of delivery, or the energy associated therewith, it shall give written notice to the•Contractor ninety (90) days in advance of the effective date of such curtailment, and the Contractor may terminate this contract within thirty (30) days after receipt of such notice." 8. Paragraph (a) of Article 12 of Contract No. 14-06-200-676A, as amended, is hereby deleted and in lieu thereof there is inserted the following: "(a) the Contractor shall pay for the electric service furnished hereunder in accordance with the rates, charges, and conditions set out in Rate Schedule R2 -F2 attached hereto and made a part hereof except that notwithstanding the provision of said rate schedule concerning power factor, on and after April 1, 1971, the Contractor shall maintain a power factor of not less than 95 percent lagging." 9. Paragraph (b) of Article 12 of Contract No. 14-06-200-676A, as amended, is hereby deleted and in lieu thereof there is inserted the following: 4 Art. 7, 8, 9 • • "(b), In addition to the charges payable under Article 12(a) if the Contractor's maximum monthly demand exceeds 25,000 kilowatts, the Contractor shall pay (a) 25 cents per kilowatt multiplied by the maximum 30 minute integrated demand each month, less (b) one mill multiplied by the total kilowatt hours delivered during that month; Provided, That this charge shall not apply whenever the total in (a) is equaled or exceeded by the total in (b)." 10. Paragraph (a) of Article 14 of Contract No. 14-06-200-676A, as amended, is hereby deleted and in lieu thereof thereis inserted the following: "(a) This contract shall become effective upon the date of its execution and, subject to prior termination as otherwise herein provided for, shall remain in effect until midnight of December 31, 2004." 11. This contract amendment shall become effective upon the date of its execution and shall remain in effect until termination of Contract No. 14-06-200-676A, as amended. 5 Art. 9, 10, 11 12. Except as expressly modified by this contract amendment, Contract No. 14-06-200-676A, as amended, shall remain in full force and effect, and this contract amendment shall be subject to all the provisions of Contract No. 14-06-200-676A, as amended. IN WITNESS tr iE,REOF, the parties have caused this contract • amendment to be executed the day and year first above written. THE UNITED STATES OF AMERICA • By Title (SEAL) ATTEST: Title CITY OF PALO ALTO, CALIFORNIA BY Title Address 6 • Art. 12