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HomeMy WebLinkAbout05-1951_0 6-1951 ALI ~~51 aw O's . • Code U'U2, WA # • 49 V Y t ► 'tllE STATE OF TEXAS 110. 1 County of........... JhAt2f.l r KNOW ALL MEN BY THESE PRESENTS: That .........................................................................ttarvIn Be Fincher ._•___..._.__.__..and K3j...Lc>}~iso. Finch?r _.............._.._.._.._.__.._..._...oi Denton _ County, Texas, for and In consideration of the advantages which wlll accrue to me (us) by the construction of .he electrle transmission and/or distribution line hereinafter described, have granted sold and conveyed end by these presents do rant, sell and con,rcy unto 'fexna power & Light Company an casement and rig~t-ef•way for an eloetric transmission and/or distribution line, co,misting of variable numbers of wires and all necessary or desirable appurtenances (in- cluding poles made of wood, metal or other materials, telephore end tclegrap~ wires, props and guys), at or near the location and along the general course now located and staked out by tea sold Company, over, across end upon the following described lands located In _ E..X tfal7..................................County, Texas, to-wits q Marvin Being a description of the Texas Power & Light CompaVi s Denton County Rural Diatribution (Code 11-42, Are. #261), sus extension to servo . Be Finoher as now surve;ed and locatrd across the property of ~4R1 B1~Fincher in the J. brock Survey, Denton County, Texas. Beginning at a point la rvi inf proerty line running in n northerly and southerly direction dividing the land of Be Fineher and Lizzie Hughes, said point being 809 foet, more or less, in a northerly direction fromt t1innber's southwest property corner. Thence in a aoutheastarly direction for a distance of $00 feot, more or less, to a deadend pole and its attached guy at survey station 5 glue 00, said guy to extend in the same southeasterly direction for a distance of 30 feet, more or less, from the base of the aforesaid pole. Boginning again at a point in a property lino running in a northerly and southerly direotion dividing the land of Marvin B. Fincher and TAzvie IN7,hes, a:dd point being 810 feet, iaoro or less, in a northerly direction from DlartIn 3. Fincherve acu.tt!Twost property corner. Thence in a northeasterly direction with a down Ft~J for a distance of 30 feet, more or less, to a M anchorago. /r fn • • L to / J/ not Moto an . ~.........»...........poles, stubs, and guys. shall bo erlctid stunt the eourae of slid line. '!Together with the right of Ingress and some@ over Ly (our) adjacent lands to or from raid right-?,f way for the purpose of ns etI eonstrnatiret fasti++e¢ting, patroWng, Eon nsa a en, m Intalning and remoy n said lines sad appur- mar I t ie right to re-locate the r& is the same re o~f re pbsltion to tha adjacent road if and as widened In the future; and Sa" e t to rea7ore from aid land all treoe and parts Cheroot, or other obstructions, which endanger or may Interfere with the OQ3e+e6ey of aatd Ila" or th= appurtanaw" TO IIAVE AND TO HOLD the ofsovs described eaaoment and rights unto the said Company, its successors and assigns, until said line rball be abandoned. And I (we) do Sereby bind myself (ourselves) my (our) heirs and legal reDpresestaUves, to warraat and forever defend a1 and singular the above deecribe easement and tights unto the said Company, Ila successors and assigns, ogsinst every person whomsoalm lawfully, eaalake ae to dales The sous w my out tbaml. ..day sir. ...........~AJL....... _ sled and belirered In The Presents oft ..A..lhf_..2 _ r CrIItTIUCAtE OF ACKNOWLEDGMENT EtOR INDIVSDITALS THE STATE OF TEXAS ' County of P.Qntpil............................ . BEFORE ME, he undersigned authority, on this day personally 'appeared ........................k1.ax`~~.Tl._ .r...ai?.> .h3r.........................................................................._.............._.._.._... known to me to be the per_on....... whose name .is-are-subscribed to the foregoing Instrument, and re',mowle3ged to me that f 1 v,ct•outcd t' c, uric or the purp~osus and conslilennrntio/n thrrmn cxpresscdj. GIVEN UNDER if Y IIANU AND REAL OF OFFICE this.....!-.W..... day of...........(./..~...... A. D., 101%Tl.... a../ Notary Public ............!`~.,r" _.County, Texas. A f IIf'CRIi)It',Nv!,:yt'ub!ic3. Dentont ncy, reYna • r o ~ MY ununl;slon, rpiresJanat,IP c `I 94 ' ~rei a is oo M. ~ It 0 1 spy N ~ ~ . I 0 1 i r f tr ' CERTIFICATE OF ACKNOWLEDGMENT FOR MARRIED WOMAN THE STATE Or TEXAS L County of........ Ber'.On..».................................. BEFORE ME, the undersigned authority, on this day personally appeared Imisfl Finahor . ...........................................wife of........ ...rlarvfn..~•..Firteher......................... known to me to Le tha person whose namo Is subscribed to the foregoing Instrument, and havin= been examined by me privily and apart . from her husband, and hexing the same tulip exylained to her, ebe, the said LCttlm ...Maher » acknowledged such Instrument to be her act and deed, and declared that she had willingly Signed the same for the purpose and consideration therein expressed and that she did not wish to retract If GIVEN UNDER MY HAND AND SEAL OF OFFICE this .........1:6.......... day of......../....• A. D. 1046.`./ •fi ~..k1T.......... Notary Public M ~`x'•'!~'!'~'...........County, Texas. r Count MY Co, y. Tr aJ""•I,laq~ CERTIFICATE OF ACKNOWLEUuMENT FOR CORPORATION., ASSOCIATIONS, CHURCHES, SCHOOL DISTRICTS, ETC. THE STATE OF TEXAS County of........................ BEFORE ME, the undersigned authority on this day ; •rsonally appeared .itley...................... of - I......... of the County and State aforesaid, known to me to be the p and xeruted ) the same as the act ( (Titl . and ded o subscribed foregoing Instrument for the purposes as Cconsiderotioe therein expressed, e as . e) . . GIVEN UNDER MY HAND AND SEAL OF OFFICE this.... :......................day of...... I A. D., IV........ • , ..M.M..»,r......................... » .............»r. M.M Notary Publie County, Texas. CERTIFICATE OF RECORD THE STATE OF TEXAS COUNTY of DENTON I, A. J, BARNETT, Clerk of the County Court in and for said county, do hereby certify that the foregoing instrument of writing, with Its certificate of authen- tlcatlon was filed for y record the .....f ....,.I._r A. D., 195..., at ay o .day ot............. A. D., 195., at o clock _......,.M. and duly recorded the ` o'clock in volume....s a✓. Fags....... Q. of the._........ A( /_,Records of Denton County, Texas, Witness my hand and seal of office at Denton, Texas, the day and year last above written. A. J. BARNETT By G~ W..., Deputy Clerk of the County Cnurt, Denton Co., Texas i L41 BNOMRINO SERVICE CONTRACT for GENERATION RESERVE POOL STUDY between TV,, CITY OF 178,14TON, TEXAS and JOHN S. DENI50N Engineer Dated: Copy 2 of 10 I ENGINEERING ,S1Gg CONTRACT GENERATION RESERVE, POOL STORY AGREEMENT made , between erpY O~ MIMI$ PFXAS (hereinafter called the "Owner") and JOHIi 3. DENISON of COLLOE STATION-TEXAS (hereinafter called the "Engineer"). WHEREAS, the Owner owns an electric generation, transmission, and distribution system; and WHEREAS, the Owner, together with the BRAZOS ELj,0rj1C M,01 .0T0PERATIUS IZ. AND TIC CITIES OF BRYAN G,{RL ID ~11VY r.L:J .(hereinafter this group, including the Owner, is called the "Proposed Participantst') all of whom own electric generation, transmission, and distribu, tion facilities, desire the Engineer to furnish the Engineering services described herein; NOW, THEREFORE, in consideration of the mutual undertakings herein contained, the parties agree as follows: ART_,,,IC~ OBLIGATIONS OF THE ENGINEER Section Is As soon as p.%W-4cable after execution of this contract, and similar contracts between the Engineer and each of the other Proposed Participants, the Engineer will visit the Owner to obtain information concerning the Owner's electric generation, transmission, and substation facilities and the Owner's electric system load growth history. Section . From the information obtained pursuant to Section I above, the Engineer shall prepare for the Owner three load growth predictions covering through at least 1971. One of these shall prediot load growth at a rate considered normal A _1. based on the present load growth rates. One shall prepare load growths greater than that considered normal. The third shall prepare load growths at a rate less than that considered normal. Section III. Using the information from the proceeding two sections, the Engineer shall prepare schedules of the major additions to the Owner's generation, substation, and transmission system that are necessary to establish and maintain an isolated firm system for each o" the three load growth patterns. A firm system, for the purpose of this agreement, shall ba inter. preted as one that can maintain generating capacity su_*fioient for the predicted load with the largest generator out of serr vice. Each schedule prepared shall include estimates of the costs of the facilities required. Section IV. The Engineer shall report to the Owner the results of the study pursuant to the provisions of Section III of this artiole. After the Engineer has received, in writing the Owner's approval or suggested revisions of this report, and the approval or suggested revisions of similar reports on their electric system improvments from each of the other Proposed Participants in the Pool, as provided in Article II, Section III the Engineer shall proceed with the development of a tentative operating plan for the Proposed Pool. The proposed operating plan will include as a minimum the followings a) A schedule of the required additions to the electric facilities of the Owner, and of the other Proposed Participants in the Pool, if each participant oparated as an isolated, firm system, b) A schedule of the required additions to the eleotrio facilities of the Owner, and of tho other Proposed Participants Ln the Pool, if a pool agreement were exicutedd o) The proposed schedule of payments between the Partioi. pants and the Pool. d) The proposed operating rules of the Pool. The Engineer will visit, on a mutually agreeable date, with the Owner to present this report. Section . After the Owner and the Proposed Participants in the Pool have Studied the tentative pool operating plan, and, as provided in Article II, Section III, indicated approval or suggested rwA sions, the Engineer shall proceed with the development of a final report on the proposed pool. The final report shall include as a minimum the requirements outlined in Section IV immediately above. as well as: a) Network calculator or digital computer study in sufficient detail to establish the adequacy of the system to furnish firm reserve capacity to the Owner and to each of the other Proposed Participants in the Pool. r~r LML b) A recommended form of a contract for the Owner and the other participants to execute. Such contracts shall be preparod, in cooperation with the Engineer, by a qualified member of the Texas Bar Association. Section VI. The Engineer shall, on mutually agreeable dates, appear efore the governing boards of the Owner on up to two different occasions for the purpose of presenting thereto the proposed final pool operating plan and contract. The Engineer will appear before the governing board on more than two occasions to present the final pool operating plan, if so requested by the Owner, subject to the additional fees as pro. vided in Article III9 Section I, b. Section VII. The Engineer will make such trips as requested by the Owner of locations other than the headquarters of the Owner, for the purpose of discussing or presenting arty aspects of the proposed operating pool agreement, subject to the additional foes as provided in Article III, Section I, c. Section VIII. Should aror of the Proposed Participants not join in•the power pool reserve agreement, the make his services available to Vo remaining Engineer shall the purpose of revising operating for and contract. The foes fthe proposed or such re*rislonstshalll be thatemutually agreed to by the remaining participants and the Engineers ARTICLE II OBLIGATIONS OF THE 01MER Section s At the time of tha Engineer's visit to the Owner as provided in Article I, Section I, the Owner shall provide the Engineer with all plans and engineering studies pertaining to future load growth and future generation, sub- station, and transmission facilities as aro available to Owner. The Owner will also make avaiblo on this date all personnel, who in their present capacity, would be involved in decisions on future facilities. All load, generation, and interchange records of the Owner shall be made readily avail. able for the Engineerls use. Section II. On receipt of the Engineer's report containing the loadoad growth predictions and the necessary additions to the Owner's facilities as are required to maintain isolated, ;irm system, the Owner shall. as promptly as feasible study this report and indicate to approval or suggested revisions thereto. Sec ion I As promptly as feasible upon receipt of the Engineer~e report containing a tentative operation plan for the proposed pool as provided for in Article I, Section IY, the .3. „ Owner shall indicate his approval thereof or the suggested revisions thereto. Section IV. As promptly as feasible following receipt of the Znsineer's final report as provided for in Article I. Section V, the Owner shall schedule such meetings of its governing board as are required for the purpose of hearing the Engineer's presentation of the final operating plan and contract. Following the Engineer's presentation to the Owner's governing board, the Owner shall as promptly as feasible, notify the Engineer of their acceptance of the final report or the revisions required to make it acceptable. ARTICLE III WIPE NSATION Section I. The Owner shall pay the Engineer for the ser- vices erformed hereunder as follows: a5 For all services in connection with the preparation. of all reports as provided in Article I, Sections I;V, inclusive the sum of rRt -five hundred Dollars 2500.00 . b) For any more thian the two specified trips to present the final report to the Owner's governing board, as provided for in Article I, Section VI, fees as followst i) For the personal services of the Engineer, a fee of $60.00 per day. 2) Trar.:.portation at cost if by public oarrisr. If ~Yy personal automobile, the rate of $0.10 per mile. 3) NA°Assary lodging, meals, and out of pocket expenses of the Engineer and his personnel at cost. 4 Direct labor costs of the Sngineer. 5 100% of Item b (4) immediately above. o) For any trips to other than the headquarters of the Owner, as provided in Article Is Section VII, fees according to the same schedule as b, 1, 29 3, 40 and 5, immediately abovo. §ection II. Fees shall be payable as folloust a Thirty per cent (30%) of the fee provided in Article III, Section I, (a), shall be payable within 30 days of the presentation of the Engineer's tentative plan of operation j as provided in Article I, Section IV. 3 b) The remaining seventy porcont (70%) of the fee pro.. i vided in Article III, Sootion I (a) shall be payable upon completion of the obligations of the Engineer or within 90 days of the presentation of the Engineer's final report, whichever is sooner. o) All fees in accordance with Article III0 Section I (b) and (o) shall be payable within 30 days of the presenta-i tion of the Engineer's statement for these services. -4- ARTI-- C~ MISCELLANEOUS Section II. This agreement may simultaneously be executed and delivered in two or more counterparts, each of which so executed and delivered shall be deemed to be an original, and all shall ccnstitute but one and the same instrument. Section Us The obligations of the Engineer under this Agreement shall not be assigned without the approval in writing of the Owner. Section III. The Engineer warrants that he possesses license number 1017 issued him by the State of gns on the 28th day of June , _12~.Js IN !JIT1WS hMMOF, the Owner has caused this Agreement to be signed in its corporate name by its Mayor and its cor. porate seal to be hereunto affixed and attested by its Secre- tary, and tho Engineer has hereunto set his hand, all as of the day and year f irst above written. Owner ATTW s ~ Mayor eoretary Engineer r '.J ~.r ~.r ~ ~I'' y ~ ~ ~ ~ ~ E ~ ~ ~ ~ 1~ ~ ~ , 1 f;~~ , r f~~,, ~ S i I re . ~ 4 ~ ~ ~ a J c' ENOINMR O SERVICS CONTRACT for GENERATION RESERVE POOL STUDY between TH9 CITY OF GARLAND, TEXAS and JOHN So D WSON Engineer a>~ i y Dated Copy , 4 of , 10 N ttl i q 3••t .a~•l jal•~ "l`F :Yb }g, ~,.i t, 7 I r ENOMMING SERVIVB CONTRACT GENERATION RESERVE POOL STUDY AGREEMENT mad A- between 11H34 CITY OF a,A,R ,1TM. TFP ads (hereinafter called the "Owner") and nioam S. DENISON of COLLEGE STATIONJESAS (hereinafter called the "Engineer"). WHEREAS, the Owner owns an electric generation, transmission, and distribution system; and WHEREAS, the Owner, together with the BRAZOS ELT,CTRI, _PQ4ER COOPERATIVE, INC., A11D THE MIES OF MANr DENT_ Oi___ ND ME3NVILLS, TEXAS. _ _.(hereinafter this group, including the Owner, is called the "Proposed Participants") all of whom owe electric generation, transmission, and distribu.. tion facilities, desire the Engineers to furnish the Engineering services described herein] NOW, THMWORS, in cons).deration of the mutual un:ortakings herein contained, the parties agree as followsr ARTICLE I OBLIGATIONS OF TIM ENGINEER Section . As soon as practicable after execution of this contract, and similar contracts between the Engineer and each of the other Proposed Partioipants, the Engineer will visit the Owner to obtain information concerning the Owner's electric generation, transmission, and substation faoilitie3 and the Owners electric system load growth history. Section Us hoe the information obtained pursuant to Section I g e, the Engineer shall prepare for the Owner three load growth predictions covering through at least 19?1. One of these shall predict load growth at a rate considered normal r1 r . r based on the present load growth rates. One shall prepare load growths greater than that considered norp;al. The third shall prepare load growths at a rate less than that considered normal. Section III. Using the information from the proceeding two seot•ions, the Engineer shall prepare schedules of the major additions to the Ownerfs generation, substation, and transmission system that are necessary to establish and maintain an isolated firm system for each o° the three load growth pattarns. A V.rm system, for the purpose of this agreement, shall be inter. preted as one that can maintain generating capaoity sufficient for the predicted load with the largest generator out of sera vice. Each schedule prepared shall inolude estimates of the costs of the facilities required. Section IV, The Engineer shall repo.'t to the Amer the results of the study pursuant to the pro-visions of Section III of this article. After the Engineer has received, in writing the Amens approval or suggested revisions of this report, and the approval or suggested revisions of similar reports on their electric system improvments from each of the other Proposed Participants in the Pool, as provided in Article II, Section Ili the Engineer shall proceed with the development of a tentative operating plan for the Proposed Pool. The propo;9d operating plan will include as a minimum the followings a) A schedule of the required additions to the electric facilities of the Owner, and of the other Pro+vsed Participants in the Pool, if each participant operated as an isolated, firm system, b) A schedule of the required additions to the electric facilities of the Amer, and of the other Proposed Participants in the Pool, if a pool agreement were executed* o) The proposed schedule of payments between the Partioir pants and the Poole d) The proposed operating rules of t!a Pool. The Engineer will visit, on a mutual..Ly agreeable date, with the Amer to present this report. Section . After the Amer and the Proposed Partioipwits in the Pool have studiod the tentative pool operating plan, and, as provided in Article II, Section 1120 indicated approval or suggested revisions, the Engineer shall proceed with the development of a final report on the proposed pool. The final report shall include as a mininium the requirements outlined in Section N inmodiately above, as well ast a) Network ::alculator or digital computer study in sufficient detail to establish the adequacy of the system to furnish firm reserve oapaoity to the Owner and to each of the other Proposed Participants in the Pool. r2~ j i ~ ►r b) A recommended form of a contract for the Okmer and the other participants to execute. Such coptracts shall be preparod, in cooperation with the Engineer, by a qualified.i~c+nber of the Texas Bar Association. Section VI. The Engineer shall, on mutually agreeable dates, appear before the governing boards of the Owner on up to two different occasions for the purpose of presenting thereto the proposed final pool operating plan avid contract. The Engineer will appear before the governing board on more than two occasions to present the final pool operating plan, if so r4que,"ed by the Owner, subject to the additional fees as pro. vided in Article III, Section I, b. Section VII. The Engineer will make su;h trips as requested by the Owner to locations other than the hOLdquar-Wrs of the Cwner, for the purpose of discussing or presenting any aspects of the proposed operating pool agreement, subject to the additional fees as provided in Artiel.n III, Section I, o. Section VIII. Shoupl any of the Proposed Participants not join in the power pool reserve agreement, the Engineer shall make his services available to the remaining participants for the purpose of revising the proposed operating plan agreement and contract. The fees for such revisions shall be that mutually agreed to by the remait:ing participants and the Engineer. ARTIQjA IT OBLIOATIONS OF THE WNER Section I. At the time of the Engineer's visit to the Owner as provided in Article I, Section I, the Owner shall provide the Engineer with all plans and engineering studies pertaining to future load growth and future generation, subr station, and transmission facilities as are available to the Owner. The Owner will also make avaiblo on this date all personnel, who in their present capacity, would be involved in devisions on future facilities. All load, generation, and interchange records of the Owner shall be made readily avail. able for the Engineer's use. Section 41. On receipt of the Engineer's report containing the load growth predictions and t'ne necessary additions to the Owner's facilities as are roquired to maintain isolated, firm system, the owner shall as promptly as feasible study this report and indicate the approval or suggested revisions thereto. Seolion III. As promptly as feasible upon receipt of the Engineer's report oontaining a tentative operation plan for the proposed pool as provided for in Article I, Section IV, the r3r 1 rl ~ r Owner shall indicate his approval thereof or tha suggested revisions thoretc. Section IV. As promptly as feasible following receipt of the- ,Yineer's final report as provided for in Article I, Section V, the Owner shall schedule such meetings of its governing board as are required for the purpose of hearing the Engineer's presentation of the final operating plan and contract. Following the Engineer's presentation to the Owner's governing board, the Owner shall as promptly as feasible, notify the Engineer of their acceptance of the final report or the revisions required to make it acceptable. ARTICLE III COMPENSATION Section I. The Owner shall pay the Engineer for the ser- vices erformed hereunder as follows: a~ For all services in connection with the preparation. of all reports as provided in Article I, Sections I-V, inclusive the sum of bent -five hundred . Dollars ($2500-00 b) For any more than the two specified trips to present the final report to the Owner's governing board, as provided for in Article. 11 Section VI8 fees as followsr 1) For the versonal.sernices of the Engineer, a fee of $6040 per day. 2) Transportation at cost if by public carrier. If by personal automobiles the rate of $0.10 per mile. 3) Necessary lodging, meals, and out of pocket expenses of the Engineer and his personnel at cost. 4 Direct labor costs of the Engineer. $ 100% of Item b (4) immediately above. o) For arw trips to other than the headquarters of the Owner, as provided in Article I, Section VII, fees according to the same schedule as b, 1, 2s 3, 4, and 3, immediately abevo. Section 11. Fees shall bo payable as followsi 3 Thirty per cent (30%) of the fee provided in Article III0 Section I, (a), shall be payable within 30 days of the presentation of the Engineer's tentative plan of operation as provided in Article I, Section IV. b) The remaining seventy portent (70% of the fee pro. vided in Artiolo III, Section I (a) shall be payable upon completion of the obligations of the Engineer or within 90 days of the pr"mtation of the Engineer's final report, whichever is sooners o) All fees in accordance with Article III, Section I (b) end (o) shall be payable within 30 days of the presenta4 tion of the Engineer's statement for these services. -4- A 1 ARTICLE IV MISCELLANEOUS Section I. This agreement may simultaneously be executed and delivered in two or more counterparts, each of which so executed and delivered shall be deemed to be an original, and all shall constitute but one and the same instrument. Section II. The obligations of the Engineer under this Agreement shall not be assigned without the approval in writing of the Owner. Section III. The Engineer warrants that he possesses license number 9017 issued him by the State of Texas on the 28th day of June, 5'_. Section IV. The Engineer agrees to submit a final report within one year of the date of this contract. IN WITNESS WHEREOF, the Owner has caused this Agreement to be signed in its corporate name by its Mayor and its cor- porate seal to be hereunto affixed and attested by its Seore- tary, and the Engineer has hereunto set his hand, all as of the day and year first above written. '/"'4_ ' Owner ATTESTt or Secretary Engineer -5- PRO, A P ) J f f 1 ~ !rte V Y w 3l~ ~ CaI ~1^~,~t 1 ~ Y ~ ~ t ~~S t t~ • S ENMWING SERVICE CONTRACT for GENERATION RESERVE POOL STUDY x between TM 01TY OF BRYAN l- TOXAS and JOHN S IS Engixieer Dated: d ~~l Copy of „ 4-0, , r-7 fI K1fN•"C+nVq S'rR.v...~x+rc.w..e.irti INGIIERING SERVICE CONTRACT GENERATION RESERVE POOL STUDY AGREEMENT made .0 between T_CE CITY of 3RYM. i~~4'Ms (hereinafter called the "Owner") and JOHN S. DENISON of COLLEGE STATION JEW (hereinafter called the "Engineer"). WHEREAS, the Owner owns an electric generation, transmission, and distribution system; and WHEREAS, the Owner, together with the 3RA20S ELECTRIC P043H COOPERATIVE. _IfIC., AND THE CITIES OF DENPON, GARLAND, 0,93 3:4V ILLS (hereinafter this group, including the Owner, is called the "Proposed Participants") all of whom own electric generation, transmission, and distribu. tion facilities, desire the Engineer to furnish the Engineering services described herein; NOW, TIiMWORS, in consideration of the mutual undertakings berein contained, the parties agree as followst ARTIM OBLIGATIONS OF TBS ENOINSSR Seotion . As soon as practicable after execution of this contract similar contracts between the Engineer and each of the other Proposed Participants, the Engineer will visit the Owner to obtain information concerning the Owner's sleotrio generation, transmission, and substation facilities and the Owner's electric system load growth history. 0o i n . From the information obtained pursuant to Section I above, the Engineer shall prepare for the Owner three load growth predictions covering through at least 1971• One of these shall predict load growth at a rate considered normal ~ r rl~tOM~wW4yYxy YORV~l~ ~,.~.°wwwwwwn.'rY~Ww~.n.~wars'.~~s~ Y based on the present load growth rates. One shall prepare load growths greater than that considered normal. The third shall prepare load growths at a rate less than that considered normal, Section III. Using the information from the preceeding two sections, the Engineer shall prepare schedules of the major additions to the Owner's generation, substation, and transmission system that are necessary to establish and maintain an isolated firm system for each o" the three load growth patterns. A firm system, for the purpose of this agreement, shall be inter.. preted as one that can maintain generating capacity sufficient for the predicted load with the largest generator out of serr vice. Each schedule prepared shall include estimates of the costs of the facilities required. Section V. The Engineer shall report to the Owner the results of the study pursuant to the provisions of Section III of this article. After the Engineer has received, in writing the Owner's approval or suggested revisions of this report, and the approval or suggested revisions of similar reports on their electric system improvments from each of the other Proposed Participants in the Pool, as provided in Article II, Section Ii; the Engineer shall proceed with the development of a tentative operating plan for the Proposed Pool. The proposed operating plan will include as a minimum the followings a) A schedule of the required additions to the electric facilities of the Owner, and of the other Proposed Participants in the Pool, if each participant operated as an isolated, firm system* b) A schedule of the required additions to the electric facilities of the Owner, and of the other Proposed Participants in the Pool, if a pool agreement were mouted* o) The proposed schedule of payments between the Partloir pants and the Pools d) The proposed operating rules of the Pool. The Engineer will visit, on a mutually agreeable date, with the Owner to present this report. Section . After the Owner and the Proposed Participants in the Pool have studied the tentative pool operating plan, ands as provided in Article II9 Section III, indicated approval or suggested revisions, the Engineer shall proceed with the development of a final report on the proposed pool. The final report shall include as a minimum the requirements outlined in Section IV immsdiateay above, as well ass a) Network calculator or digital computer study in sufficient detail to establish the adequacy of the system to furnish firm reserve capacity to the Owner and to each of the othor Proposed Participants in the Pool. ryr , w b) A recommended form of a contract for the Oamer and the other participants to execute. Such contracts shall be preparod, in cooperation with the Lrgineer, by a qualified member of the Texas Bar Assoolation. Section VI. The Engineer shall, on mutually agreeable dates, appear before the governint; boards of the Owner on up to two different occasions for the purpose of presenting thereto the proposed final pool operating plan and contract. The Engineer will appear before the governing board on more than two occasions to Present the final pool operating plan, if so requested by the corner, subject to the additional fees as pro- vided in Article III, Section I, b. Section VII. The Engineer will make such trips as requested by the Owner to locations other than the headquarters of the Owner, for the purpose of discussing or presenting any aspects of the proposed operating pool agreement, subject to the additional fees as provided in Article III, Section Is o. Section VIII. Should any of the Proposed Participants not join in the power pool reserve agreement, the Engineer shall make his services available to the remaining participants for the purpose of revising the proposed operating plan agreement ;,d contract. The fees for such revisions shall be that mutually agreed to by tho remaining participants and the Engineer. AR I_ dun OBLIGATIONS OF THE WNER Sootion At the time of the Engineer's visit to the Owner as provided in Article Is Section I, the Owner shall provids the &gineer with all plans and engineering studies pertaining to future load growth and future generation, sub- station, and transmission Saoilitibs as aro available to the Owner. The Owner will also make avaiblo on this date all personnel, who in their present capacity, would be involved in devisions on future facilities. All load, generation, and interchange records of the Owner shall be made readily avail. able for the Engineer's use. 9 on on receipt of the Engineer's report containing the loa g predictions and the necessary additions to the Owner's facilities as are required to maintain isolated, firm system, the Owner shall as promptly as feasible study this report and indicate the approval or suggested revisions thereto. EnSU►eer~sore rt oAs promptly as feasible upon receipt of the ontaini the proposed pool as 1wovvid dafor~intArticlle I, Section Nr the -3- a lip Owner shall indicate his approval thereof or the suggested revisions thereto. Section IV. As promptly as feasible following receipt of the 'Engineer's final report as provided for in Article It Section V. the Owner shall. schedule such meetings of its governing board as are required for the purpose of hearing the Engineer's presentation of the filial operating plan and contract. Following the Engineer's presentation to the Owner's governing board, the Owner shall as promptly as feasible, notify the Engineer of their acceptance of the final report or the revisions r(quired to make it acceptable. ARTICLE III COMPEIZATION Section I. The Owner shall pay the Engineer for the ser. vices er~ formed hereunder as follows a) For all services in connection with the preparation of all reports as provided in Article It Sections I-V, inclusive the sum of j`wAQ%X.NyA h-uncirAd Dollars 42500.00 b) For any more than the twa specified trips to present the final report to the Wner's governing board, as provided for in Article It Section VI, fees as follows 1) For the personal services of the Engineer, a fee of $6040 per day. 2) Transportation at cost if by public carrier. U by personal automobile, the rate of $0.10 per mile. 3) Necessary lodging, meals, and out of pocket expenses of the Engineer and his personnel at cost. 4) Direct labor costs of the Engineer. 3 100% of Item b (4) immediately above. c) For any trips to other %,%an the headquarters of the Owner, as provided in Article I, Section VII, fees according to the same schedule as b, It 20 39 49 and 5, immediately abovo. Station Fees shall be payable as follows, a Thirty per cant (30%) of the fee provided in Article III, Section I, (a), shall be payable within 30 days of the presentation of the Engineer's tentative plan of operation as provided in Article Is Section IV. b) The remaining seventy porcont (70% of the fee pro. vided in Article III, Sootion I (a) shall be payable upon completion of the obligations of the Engineer or within 90 days of the presentation of the Engineer's final report, whichever is sooner. c) All tees in accordance with Article III, Section I (b) and (o) shall be payable within 30 days of the presenta.a tion of the Engineer's statement for these services. ARTICLE IV =CELLANFOUS Section I. This agreement may simultaneously be executed and delivered in two or more counterparts, each of which so executed and delivered shalt be deemed to be an original, and all shall constitute but one and the same instrument. Section II. The obligations of the Engineer under this Agreement shall not be assigned without the approval in writing of the Owner. Section III. The Engineer warrants that he possesses license number 9017 issued him try the State of Texas on the 28th day of June , 1951 IN tM14ESS WHEREOF, the Owner has caused this Agreement to be signed in its corporate name by its Mayor and its cor. porate seal to be hereunto affixed and attested by its SeoreW tary, and the Engineer has hereunto set his hand, all as of the day and year first above written. tYCTY ()P BRYAN, THAAN Owner N eik'l Zvi ATTESTe , Secretary O ' Engineer W~ a w w 9 Cn ~I r r4 f 3 y I !WIN SNOIIaMMO SERVICE COMAOT f or GENERATION RESERVS POOL STWY between PFD: CITY OF 4SE@NILLE, TEXAS and Engineer Dated Copy of 0 9 4 ENGINEERING SERVICE CONTRACT i GENERATION RESERVE POOL STUDY AGREEMENT made , between T y MY Or _0.tM'.:'VILL3. TEX':5 (hereinafter called the "fie.") and JOHN $_DENISON of OOLLEGE STATION.TEXAS (hereinafter called the "Engineer"). WHEREAS, the Owner owns an electric generation, transmission, and distribu4lon system, and WHEREAS, the Owner, together with the ➢R,h'LOS ELECTRIC PD~M% COOPORATIVE, INO., AND TiIE MISS OF 13RYAA, D31;Wa, GlRLA! D, (hereinafter this group, including the Owner, is called the "Proposed Participants") all of whoa own electric generation, transmission, and distribu_ tion facilitios, desire the Engineer to furnish the Engineering services described herein; NOW9 THEREFOR, in consideration of the mutual undertakings herein contained, the parties agree as follows: ARTICLE I OBLIGATIONS OF THE ENGINEER Section I. As soon as practicable after execution of this coitraot, and similar contracts between the Engineer and each of the other Proposed Participants, the Engineer will visit the Owner to obtain information concerning the Owner's electric generation, transmission, and substation facilities and the Owner's electric system load growth history. Section IIe from the information obtained pursuant to Section I above, the Engineer shall. epare for the Owner three load growth predictions covering thl at least 1971. One of these shall predict load growth at a rate considered normal I t 1 ~ 7 I tf 0 based on the present load growth rates. One shall prepare load growths greater than that considered normal. The third shall prepare load growths at a rate less than that considered normal. Section III. Using the information from the proceeding two sections, the Engineer shall prepare schedules of the major additions to the Owner's generation, substation, and transmission system that are necessary to establish and maintain an isolated firm system for each o" the three load growth patterns. A f irm system, for the purpose of this agreement, shall be inter- preted as one that can maintain generating capacity sufficient for the predictod load with the largest generator out of ser- vice. Each schedule prepared shall include estimates of the costs of the facilities required. Section N. The Engineer shall report to the Owner the results of the study pursuant to the provisions of Section III of this article. After the Engineer has received, in writing the Owner's approval or suggested revisions of this report, and the approval or suggested revisions of similar reports on their electric system improvments from each of the other Proposed Participants in the Pool, as provided in Article II, Section II, the Engineer shall proceed with the development of a tentative operating plan for the Proposed Pool. The proposed operating plan will include as a minimum the following: a) A schedule of the required additions to the electric facilities of the Owner, and of the other Proposed Participants in the Pool, if each participant operated as an isolated, firm system. b) A schedule of the required additions to the electric facilities of the Owner, and of the other Proposed Participants in the Pool, if a pool agreement were executed. o) The proposed schedule of pVmonts between the Partici- pants and the Pool, d) The proposed operating rules of the Pool. The Engineer will visit, on a mutually agreeable date, with the Owner to present this report. Section Y. After the Owner and the Proposed Participants in the Pool have studied the tentative pool operating plan, and, as provided in Article II0 Section III9 indicated approval or suggested revisions, the Engineer shall proceed with the development of a final report on the proposed pool. The final report shall include as a minimum the requirements outlined in Section IV immediately above, as well as: A) Network calculator or digital computer study in sufficient detail to establish the adequacy of the system to furnish firm reserve capacity to the Owner and to each of the other Proposed Participants in the Pool. -2- r . ~ r • b) A recommended form of a contract for the Owner and the other participants to execute. Such contracts shall be prepared, in cooperation with the Engineer, by a qualified membor of the Texas Bar Association. Section VI. The Engineer shall, on mutually agreeable datest appear before the governing boards of the Owner on up to two different occasions for the purpose of presenting thereto the proposed final pool operating plan and contract. The Engineer will appear before the governing board on more than two occasions to present the final pool operating plan, if so requested by the Owner, subject to the additional fees as pro- vided in Article III, Section I, be Section VII. The Engineer will make such trips as requested by the Owner to locations other than the headquarters of the Owner, for the purpose of discussing or presenting any aspects of the proposed operating pool agreement, subject to the additional fees as provided in Article III, Section I, c. Section VIII. Should any of the Proposed Participants not join in the power pool reserve agreement, the Engineer shall make his services available to the remaining participants for the purpose of revising the proposed operating plan agreement and contract. The fees for such revisions shall be that mutually agreed to by the remaining participalits and the Engineer. ARTI_ C&N II OBLIGATIONS OF T13 amIER Section I. At the time of the Engineer's visit to the Owner as provided in Article I,•Section It the Owner shall provide the Engineer with all plans and engineering studies pertaining to future load growth and future generation, sub- station, and transmission facilities as aro available to the Owner. The Owner will also make avaiblo on this date all personnel, who in their present capacity, would be involved in decisions on future facilities. All load, generation, and interchange records of the Owner shall be made readily avail.. able for the Engineer's use. Section II. On receipt of the Engineer's report containinG the load growth predictions and the necessary additions to the Owner's facilities as are required to maintain isolated, lira system, the Owner shall as promptly as feasible study this report and indicate the approval or suggested revisions thereto. Section IM As promptly as feasible upon receipt of the Engineer's report containing a tentative operation plan for the proltoaod pool as provided for in Article I, Seotiou IV, the -3- owner shall indicate his approval thereof or the suggested revisions thereto. Section IV. As promptly as feasible following receipt of the Engineer's final report as provided for in Article I, Section V, the Chmer shall schedule such meetings of its governing board as are required for the purpose of hearing the Engineer's presentation of the final operating plan and contract. Following the Engineer's presentation to the Owner's governing board, the Owner shall as promptly as feasible, notify the Engineer of their acceptance of the final report or the revisions required to make it acceptable. ARTICLE III C%TBNSATION Section I. The Owner shall pay the Engineer for the ser. vices performed hereunder as follows: a) For all services in connection with the preparation of all reports as provided in Article I, Sections ITV, inclusive the sum of Twen&,Y-f ive h dred Dollars 2500.00 . b) For any more than the two specified trips to present the final report to the Owner's governing board, was provided for in Article I, Section VI, fees as follows: 1) For the personal services of the Engineer, a fee of $60.00 per p day. 2) Transportation at cost if by public carrier. If by personal automobile, the rate of $0.10 per mile. 3) Necessary lodging, meals, and out of pocket expen,;es of the Engineer and his personnel at cost. 4) Direct labor costs of the Engineer. 5) 100% of Item b (4) immediately above, c) For any trips to other than the headquarters of the Owner, as provided in Article I, Section VII, fees according to the same schedule as b, 1, 2, 3, 4, and 5, immediately abovo. Section II. Foes shall be payable as follows: a Thirty per cent (30%) of tha fee provided in Article III, Section I, (a), shall be payable within ;0 days of tho presentation of the Engineer's tentative plan of operation as provided in Articlr, 1, Section IV. b) The remaining seventy porcent (7$) of the fee pro- vided in Articlo II1, Section I (a) shall be payable upon completion of t:ie obligations of the Engineer or within 90 days of the presentation of the Engineer's final report, whichever is sooners o) All fees in accordance with Article III, Section I (b) and (o) shall be payable within 30 days of the presents-i tion of the Engineer's statement for these services. -4- .r ~ . f AITICLE IV MIS'.ELLANEOUS Section I. This agrewent may simultaneously be executed and delivered in two or more counterparts, each of which so executed and delivered shall be deemed to be an original., and all shall constitute but one and the same instrument. Section 11. The obligations of the Engineer under this Agreement shall not be assigned without the approval in writing of the Omer. Section Q. The Engineer warrants that he possesses license number 9017 issued him by the State of Texas on the 28th day of June , 1951 . IN '.,f IZSS WHEREOF, the Owner has caused this Agreement to be signed in its corporate name by its Mayor and its cor.. porate seal to be hereunto affixed and attested by its Secrv. tary, and tho Engineer has hereunto set his hand, all as of the day and year first above written. Owner ATTEST: or Secretary Engineer Cr f V '