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Home My WebLink About35517 / 89-243 August 17, 1989 # 243 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: AUTHORIZE AGREEMENT WITH WISCONSIN PUBLIC SERVICE CORPORATION INITIATED BY: PUBLIC WORKS DEPARTMENT BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached agreement with Wisconsin Public Service Corporation for extension of electric service for the east alley of the 400 block of North Main Street to relocate facilities from overhead to underground is hereby approved and the proper City officials are hereby authorized and directed to enter into same. BE IT FURTHER RESOLVED that money for this purpose is appropriated from Account No. 339-996 -- Expenditures-Electrical - Special Assessments. SUB",�iITT�� B`i � APi'RO'1ED - 21 - . # 243 � ��oMER COPY RateoSchedule f•iktg Rep S.L. Hanson WISCONSIN PUBLIC SERVICE CORPORATION CONTRACT FOR EXTENSION OF ELECTRIC SERVICE DEVELOPMENTS AGREEhIENT entered into this llth day of Auqust , 19 89, betw�en The City of Oshkosh hereinafter ca e the applicant, and Wisconsin Publlic Service Corporation, hereinafter called the company. '1� The company agrees to erect and install necessary facilities to supply phase, wire, nominally volts, electric ener�;y to premises of the applicant. 2. The premises to be supplied electric service from the facilities installed under this contract and qualifying applicant for an extension allowr�nce under the eompany's Electric Extension Rules are described as follows : Street Address/Lot Number/Etc.: The east alley of the 400 blo k of North Main strPPt Subdivision Mall Etc.: Located in the City of Oshkosh , County of W;nnPhago , State of Wisconsin. 3. CALCULATION OF CUSTOi�ER PAYMENT ------------------------------- Assigned standard facilities: � Minus bctension Allo wance: Energ y Qnly Rates - Demand and Energy Rates: KW x $ /Kw - Equals Payment Subject to Refund � Plus Assigned Sp2cial Facilities + Plus Other (Describe: Relocation of facilities from overhead t-o ) +39,961.00 Underground TOTAL CUSTO�IER PA]'MENT* $�,��61 _0� � Adjustment of customer requirements (refund or additional payment) to reflect actual investment for changes in the size or number of units, installed, major rock or frost removal , and similar items affecting the scope of the project, shall be made if the adjustment is greater than $20. This adjustment, if applicsble, will :�ornaily occur within six months of completion o£ construction. �. Applicable refunds will be made to: The contracting developer, Other, see attached agreement, for a period of five years after the date the distribution system extension is energized. Anticipated date energized , actual date energized (to be filled in when energized . The refund amount sh,�ll equal the allowance applicable to the customer a�dition based on the current extension allowance or the allowance in effect when the addition occurs, whichever is greater, less the added investment in distribution systern facilities required by the addition. The above refund tenns are subject to changes approved by regulatory commiasions or required by statute or code. WISCONS N PUBLIC SERVICE CORFORATION Customer Na�ne: Citv of Oshkosh � Mailing Address: 215 ('h � c�h Avr�nna By � _ _OGhknGh,_wT ��ani -- �- -� � � � -� * * * � * �- � � � * * �- � �- * � -� Trans. Pole No * * Cr App Pay Rec'd �' * # � * �. * * * � � �- � �- �- * -� -� * -� * * * CJ�,1 tomer Signature Date Form 1?9-2559 — `�a — �S?2 Reverse for Add' 1 Terms & Conditions� Rev.2-86 � # 243 , . . , � , � � s. ¢ t� y� �j� +` S � ��.� �� k �' ` .. . �.P- . , . �:��e i .� �,i �,. Form 129-2559�Batk) ADDITIONAL TERMS AND CONDITIONS Rav,4-85 1. This contcact is null and void if conditions for installation ate not met by the applicant within 60 days of the signing of this contract. 2. The applicant agzees that service will begin at said location qualifying for extension allowance within two months after the company completes the installation of the equipment necessary to render service and that payments will begin, in accordance with the applicable rate schedule, within three months after the aforesaid canpletion of the installation. 3. The com pany shall determine the most practicable location for the line extension, and shall prepare and furnish the necessary papers for securinq right-of-way. The applicant agrees to secure the necessary easements without cost to the com pany. 9. The applicant agrees to provide free of charge, proper and sufficient space, cleared of all obstacles, on the premises for the construction, operation, and maintenance of the company's lines; and furthec agrees permanently to permit the company to cut, trim, or pecform other work to control trees on the right-of-way, to set anchors where necessary, and do other things essential to the efficient and safe operation of said lines and equipment. No buildings or trees shall be placed on said rights-of-way, but they may be used for gardens, shrubs, landscaping and other puzpos�c'. that will not interfere with maintenance of electric facilities. S. To enable the company to extend electric service beyond to the premises of others, applicant grants to the canpany a permanent right-of-way to construct, operate, and maintain its property line and equipment within the limits of public roads or hiq hways abutting the property herein described or within the limits of said public roads or highways as they may in the future be widened or relocated pursuant to action by public authority, and along existing property lines and driveways of said pcopecty. C, Whece it is impracticable or uneconomical to locate the company's property lines and equipment or an extension thereof within the limits of abutting public roads or highways or along existing property lines or driveways of said property, the applicant agrees to execute a separate easement suitable for recording the necessary grant of right-of-way over the applicant's property along a route to be mutually agreed upon between ttie applicant and the company. 7. If service to the applicant is part of a project to serve several applicants from one extension it is understood that this agreement shall be binding on the parties hereto, only when and if the company secures sufficient agrecments to warrant the undertaking of the project. 8. It is f�rther agreed that if th� applicant leases, sells, or otherwise disposes of the property herein described, he shall complete the payments according to this contract unless he shall have secured an assumption of his cemaininq obligations on the contract, satisfactory to and approved by the company. 9. All the terms and conditions of this agreement shall extend to and be binding upon the heirs, executors, administrators, successors and assigns of the parties hereto. 10. The payment calculation of this contract is subject to change when customer causes construction delay or change in scope, or when actions by qovernmental authorities ca�se a calculation change. Any change shall be reviewed with the applicant. 11. The company will use reasonable care to provide an uninterrupted and a regulaz supply of secvice, but shall not be liable for any loss, injury or damage resulting from interruptions, deficiencies or im pecfections of service not due to willful default or negliqence on its part. Without limiting the generality of the foregoing, the company shall have the right to cause service to any customer to be interrupted or limited at any time without liability by automatic devices or otherwise when, in the judgment of the company, such interruptions or limitation are necessary or desirable due to emerqency conditions. 12. The applicant and the com pany hereby agree to abide by and be subject to the rules, regulations, and schedules of the canpany as filed with and approved by the Public Service Commission of Wisconsin from time to time, as well as the rules and regulations of the Wisconsin Administrative Code. THE FOLLOL�ING TERMS At7D CONDITIONS SNALL APPLY TO nLL INSTALLnTIONS INVOLVING UNDF.RGROUND EACILITIES ------------------------------------------------ 1. Wh�re underground system is requested , the applicant shall specifically define the area to be served by underground facilities and shall insert a clause in all deeds and/or abstracts zequiring underground electric facilities within this defined area. 2. The applicant irrespective of su�sequent change of ownership, shall pcovide at no expense to the canpany, compacted soil grading within six inches of finished grade of the area covered by the riqhts- of-way so that the underground facilTOleYt�alinespshalllbelinstalledlat�noaexpense toethencompanyrpdeor Permanent survey stakes indicating p p Y to installation of facilities. The company shall be notified in advance of any change in grade levels. Any and all costs incurred as a result of such change shall be at the expense of the property owner. 3, prior to the installation of underground electric facilities by the company, the applicant agrees to locate and properly mark or expose any facilities ( i.e. fuel runs, sewage facilities, tanks, etc.) which are or will be buried along the company trench route. Failure by the applicant to comply with this provision shall waive all liability of the company associated with any resulting damages. q, Any lawn or sucface rep�3ir as a result of this installation uf underground electric facilities shall be the applicant' s obligation. - 21b - . c� 3 � c+ -� � � � O C �--�• C C (D � --I (� O � c+ tn � Z7 � C � �-' � • � O N �• O mz c+ o � -s � o .• fi �-• iv .. 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